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8.3 1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT AND ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 2040 WEST ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS (PZ-18-22)
Mr�GauC �'d'+rt;�iect Subject1st reading of ORDINANCE GRANTINGA CONDITIONAL USE FOR A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT l ZONING A AMENDMENT FOR PROPERTY LOCATED AT 2040 WEST ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS (PZ - 18 -22) Meeting Fiscal Impact Dollar Amount Budget Source Category Type Information September 20, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - false I►1ATITA.i1R)4►1 X Action Item The Petitioner (MVAH Partners) received a zoning map amendment and preliminary planned unit development (PUD) approval on March 15, 2022 (Ord. 6617) to construct a four-story affordable senior housing development with related site improvements at 2040 W. Algonquin Rd (the "Subject Property"). Because only preliminary approval was passed, the Petitioner must obtain final approval to move forward with the project. Subject Property History The Subject Property is located on the north side of Algonquin Road between Briarwood Drive South and Mount Prospect Green Apartments. The property is undeveloped land and was zoned R -X Single Family Residential when it was annexed into the Village of Mount Prospect in 1974. The Subject Property is bordered R-4 Multi -Family Residential to the east and west, B-4 Commercial Corridor to the south, and R -A Single Family Residential and John Jay Elementary School to the north. A previous request for a three-story residential development containing residential units was denied by the Village Board on January 21, 1975. The property has since remained undeveloped land is currently being used as an informal outdoor recreation amenity by neighboring multi -family developments. 1 The Petitioner is proposing to rezone the subject property to R-4 Multi -Family Residence to develop a four (4) story, fifty-three (53) unit, affordable housing development for seniors aged fifty-five (55) years and older. The subject property is currently zoned R -X Single - Family Residential. The proposed building would consist of forty-one (41) one bedroom units, twelve (12) two bedroom units, and indoor amenities to accommodate residents. The Petitioner's proposal is similar to senior aged multi -family developments at 401 E. Kensington and 1703 E. Kensington. The Petitioner is also requesting conditional use approval for a preliminary and final planned unit development (PUD). Per Village Code, senior housing may only be approved as part of a PUD. Traditionally, senior housing developments, defined by code as are exclusively for occupancy by persons sixty two (62) years of age or older. The proposed development is marketed towards persons that are fifty-five (55) years and older and the Petitioner worked with staff to increase the parking ratios afforded to traditional senior housing developments. In addition, residential PUD's maximum number of dwelling units allowed per acre is forty eight (48) units per acre for developments incorporating senior housing, and the proposal has a density of approximately twenty-five (25) units per acre. As part of the proposal, the Petitioner is requesting the following waivers as part of the PUD: 1. To increase the maximum height from 35' to 48'; 2. To increase the maximum lot coverage from 50% to 60%; 3. To reduce the required number of off-street parking from 117 parking spaces to 62 parking spaces if using the multifamily residential parking ratio; 4. To increase the maximum FAR from 0.5 to 0.6; 5. To reduce the parking setback along the west lot line from 10 feet to 9.5 feet along the west lot line and to 9.15 feet along the east lot line; 6. To eliminate the center parking island along the westernmost parking stalls; 7. To reduce the minimum open space requirement from 40% open space to 38%; and 8. To increase the maximum width of walkways from 3 feet to 5 feet wide in the side and rear yards. 100% of the fifty-three (53) units will be affordable. There will be no market rate units. One bedroom units will range from $382 for residents at 30% of the Area Median Income to $881 for residents at the 60% Area Income. All two-bedroom units are designated for the 60% AMI range and those will cost $1,057. The PUD ordinance would govern that the project would need to remain a senior housing project, and any changes to the type of residences would require an amendment to the PUD with Village Board approval. The project would also enter into a binding agreement with Illinois Housing Development Authority (IHDA) to remain affordable. The Petitioner follows Fair Housing Act best practices and the Cook County landlords ordinance for leasing so they would not preference lease applications for residents from any particular location or circumstance. However, they will work with Village staff and senior service agencies in the area to make sure to use local outreach prior to any other marketing. 2 Preliminary PUD Approval Process The Planning and Zoning Commission conducted a public hearing for the zoning map amendment and preliminary PUD request at a regular meeting of the Planning and Zoning Commission on February 10, 2022. During the meeting, discussion primarily focused on the height of the proposed building in comparison to the surrounding properties, fire access around the building, cross access with the neighboring west property, and additional traffic that would be generated by the project. It was discussed that the proposed building would be one story taller than the property to the west and one to two stories taller than the properties to the east. The Petitioner stated that they worked with the Village's Fire Department to work out access for emergency vehicles and explained that a fire lane was provided along the east side of the proposed building due to the narrow nature of the subject property. The Petitioner explained that this path would be constructed of engineered landscape, the width of the path would only accommodate a single fire truck going one way, and the area located behind the building would accommodate a fire truck making a three-point turn. A positive recommendation was forwarded to the Village Board with a 5-0 roll -call vote of the commissioners present. The Village Board reviewed the proposal at the March 15, 2022 Village Board meeting. Discussion items included the feasibility of obtaining cross access, repositioning the building closer to Algonquin Road if cross access was viable, fire access around the building, and the lack of sufficient parking at other senior housing projects within the Village. The Village Board stated that the proposed use was in line with the Village Board's goals of providing senior housing and housing in general that is affordable, and expressed sincere appreciation to the Petitioner for the proposal. The Village Board unanimously approved the zoning map amendment and preliminary PUD requests, with a 6-0 roll -call vote of the trustees present, at the March 15, 2022 Village Board meeting. Changes in the Project from Preliminary to Final Approval Due to the Petitioner's inability to achieve cross access with the neighboring properties, the full access driveway that was originally proposed on the preliminary PUD site plan was modified. A Traffic Impact Study was completed and recommended a right-in/right-out only driveway on Algonquin Rd. Based on the new direction, several changes were made to the preliminary PUD site plan and are reflected in the drawings submitted. They are as follows: • The full access curb cut on Algonquin Road changed to a restricted right-in/right-out access; • Accessible parking spaces increased from 6 total to 9 total; • Three islands were removed at the center of the main parking area, and an additional parking space was added to the north parking bay; • The north landscape island was revised to allow fire truck turning movement throughout site; and Directional signage and ADA signage were added. 3 In addition to the original waivers for increased building height and FAR, and waivers for reductions to the lot coverage, parking setbacks and number of off-street parking spaces that were requested as part of the preliminary PUD, two new waivers have been added to the final PUD request. The proposed project will also require a waiver to the 40% open space required by a PUD as there was not enough developable land to meet the 50% lot coverage ratio required by the underlying R-4 zoning district. The increase in the number of accessible parking spaces which have specific requirements for stall and access aisle width resulted in the elimination of one center parking island along the western -most row parking stalls. Additional staff comments (building, fire, and public works) are included in the review letter dated August 29, 2022, under "Administrative Content". These requirements are included as part of the staff report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. Recommendation Staff finds that the proposal meets the zoning map amendment and conditional use standards and that granting such requests would be in the best interest of the Village. J. - At the Planning & Zoning Commission meeting on September 8, 2022, the Commission recommended approval of the proposed requests by a vote of 4-2. Prior to the meeting, staff received zero letters of public comment, but did receive a few phone calls opposing the project. During the public hearing, a group of concerned, individual residents from the Lake Briarwood community cited the following reasons for their opposition: • Existence of many high-density multi -family developments in the area • Number of waivers requested (trying to fit in a project on a site that is too small to support it) • Proposed design that appears out of scale next to the adjacent 2- to 3 -story residential developments (Brownstone Court and Mount Prospect Greens Apartments) • Resident ages in other senior housing projects that are 62 years and older • Other senior housing projects that have been approved in Mount Prospect are lower in height and are mostly located in single-family residential neighborhoods • Suitability of the site as a park rather than a multi -family development • Potentially dangerous exit configuration with the proposed driveway on Algonquin Road The Petitioner stated that the property would be legally bound a restrictive covenant mandated by federal tax code. This covenant would restrict the proposed development to affordable senior housing units for residents that are 55 years and older, for a minimum of 15 to 30 years. Any conversion of the proposed development to anything other than senior 4 housing would have to occur after the restrictive covenant expires and would also trigger an amendment to the PUD, which would require Village Board action. The Petitioner is requesting that the Village Board waive the second reading and take final action at the September 20, 2022 meeting. Alternatives 1. Approve a zoning map amendment from R -X Single -Family Residential to R-4 Multi - Family Residence at 2040 West Algonquin Road; and 2. Approve a conditional use for a preliminary and final residential planned unit development (PUD) consisting of one (1) principal building used for senior housing subject to the conditions of approval listed in the attached Ordinance. 3. Action at the discretion of the Village Board. Approval 1. A zoning map amendment from R -X Single -Family Residential to R-4 Multi -Family Residence at 2040 West Algonquin Road; and 2. A conditional use for a preliminary and final residential planned unit development (PUD) consisting of one (1) principal building used for senior housing subject to the conditions of approval listed in the attached ordinance. ATTACHMENTS: PZ -18-22 Plans.pdf PZ -18-22 Staff Report.pdf PZ -18-22 Administrative Content.pdf PZ -18-22 Request to Waive 2nd Reading.pdf PZ -18-22 Minutes.pdf PZ -18-22 Ordinance.pdf 5 9 W Z z _z LL' z J LU O U 0 W C7 CY Q z W J (L a F F J = J wawa J F J ~ 0020 Z U U U O U U Q � Q �m N m wwww CL CL LL a- 0000 0000 CC CC CC Y L] m LU L) wwww mmmm — — N N U) CO CO J_ J J Q O w ui Wp ZZ UQC)0 af _O _O wJ z WF H F U LL O O U Q QJ LL J J CL Q O � J LU LU 3:02 a - a0 O N M 7 u7 C9 f` W O ON M 7 LL) C9 r of � r r r U 0 LL J LL O J U n w Of w F U w m w z O LL O K F U d LU OJ ~ a o J CO LL Oo J as J N F— 7 N L N W L L Q W W t W N� OD�D U U �D O Vwm Zw >o awe >o LV>o LUay (1) F-LU0 LU H 2 z 0 W F 2 ' z 0 LU 2 F 2 U z 0 Uoy W a ld W F C Wow 0- w Q W F CL mow W F a Lr�� T�� LLIQ CL'CoLLI� LLI OLU F O QLULU UUm F _ M UUUrn F W a�.3: O W �� ?: O W �: 2 W F r QY W Y o Z � F Cr m NC � ZQ L LLU Z U F Z cl =aNL Cao( W W \ O C 0 OW ; C) 0Z� D J W L m ALO �F -J Z J z o U z O U U < Q Q z U z W z W J Ic Z J Z L LL 0 LL Le LL O U U n w Of w F U w m w z O LL O K F U d LU OJ ~ a o OJ 2 W F r QY W Y o Z � F Cr m NC � ZQ L LLU Z U F Z cl =aNL Cao( W W \ O C 0 OW ; C) 0Z� D J W L m ALO �F -J Z J z o U z O U U < Q Q z U z W z W J Ic Z J Z L LL LL LL LL LL LL U U n m fn Cn � OJ CO DJ c0 N O coo Leo Leo W ¢ w Lu Lu Q Q 0 O Q O � p O p 0 LL O p LL LL LL z F Q < U) o Lr O O LL cq LL rF _ z Z O N Q 0- 0 r H Z Z Z J > > J aa Qw m m LL r W F W W � z m m p O N H N O < W N ;� p W C] OO L w z O aF w > < ) Fm F ozw )No¢U) W O W >- C 0 ❑ � i O OU WLL i ULLJ Z z o L (�LL CL W NF w J Z Z Z Lu O_ O_ O_ ¢ < aaaam ;zzzzz< OCC CC LC¢F �:: w W W — L F F F U L z Z Z Z U( "A a.,p ddy� O C) F LL i O ( U U ¢a t Www CC J L )mm CJm L J ❑ L =zx i J W F -z� c m CC z C Z U ( W LC Lu O Q L Z L j J x ) J F Z O� U)W w} CL Ln U >Q Lr = �w U Z W z O Z W � U Z CL U Q F F L �z U N U Z LU O W z � J N U Q N Z Z p > C) z am< x¢ w<}Ja F O [if L9 NO z Uj O U z z ¢7 7C7– Fx > W oe Z � Q ( Op 0 ¢ ZnZ LL OJ C) uj SOU Lu wo Om z Q Q C Uu)�� z ❑ C C u W Lu 0 0 n z�n =a L no F - Lu c 0 g p W O _z – - J N N CCU JN , a .esd ddywoa an�y8\\i'�adsdd iuno� co umuuuuu uuuuuuuum � U N Q p m i- u \ 5� d d-soazd\vsa�dd58\sna,wm'\�a e\w J U) FH m 0 z LU F x LU ❑ x U m¢m N m N W J _ a ¢ _U F-- EL wx� m¢m N m N LU ❑ ~ U N wF¢ Nm m N LU IL �x LU ❑ S m Q m OD CD _z _a¢ z ❑ � F d M ❑F� M Z m m m U) W LU a IL 0�U F ❑ x U ❑ m m ¢ Lu m O r Z U 06W N N H Z H LL LL LL LL LL � OJ LU aD of N 0 W LL fl� M M M M V W w W ¢ LL LL LL LL LL LL ¢ 7 (n (n (n (n fn N 0 Q LL LL LL J W H ❑ 0 LL ❑ N N m rn U O L OI- U 0 Of LUF LU LL LLQ LL LL LL LL LL LL C� N ui U ui C6 ¢ O M O N N N x (3 m 'D co m co m ao ti o0 ti 00 U) F Z W W m m J U J U) U x w U x Q H U Q V) ¢ m m N m m W W W W W W Q Q Q W m m m z z LL ~ ❑ ❑ ❑ ❑ ❑ ❑ J W W W W W w z m m m m m m 0 7 N N N F ❑ U) Z M N V) O ¢ W W U ¢ Q) 0C W x H O 0 F W U z W ¢ ❑ Q ❑ z Q U) Z O H z 0 U Q K O W X W W LL Q Z >g 20 H K ::) 0 LL LL O 0 W 0 CDJ Om LLO w� ¢W LL LU U) LLI 00- z }z ❑ o Z O Q O ZLUH ¢ ❑C7 CC ❑ U 0>0 0x O d af U)U) L¢ Q L LL, xw C) LU HOW J � � ma0 mw� LL, ~ w W Lu a0 u) W Z O O J J = [0 J ¢ Z =0d < Q ofU ¢ m ❑ ~ J W� W J —U� �W LL' in Z W Z ¢ U Z) J J W F m¢m aD0Luo J ❑ LL a~~W 0 0UZ K _0 F - w a U O ,,^^ m W W LL V �2❑CO zz0Z Z LOzg UG 00 W J LL z J LL UW' Z — O m m LL LL LL LL LL LL � OJ a0 aD of N 0 fl� M M M M V w W ¢ W ¢ ¢ W ¢ m O O [IfO o o 0 0 Q LL LL LL J W H ❑ 0 LL ❑ m w LLL O L ui N N O w w u — uuuuuuuuumu .-� U N Q i uuuuuuumu 0 E Illluuulllluumu IIIIIIIII � Illllllllllllllli IIsisIS ISi y 000 0 IIIIIIIIIIIIIIIII uuuuuuuuuuuuuuuuuuuuuuu � , wd ee sz �zmJo[/a Fn�h'zto[ea���pnn,�nnYVJn��n,iias �-,ais�ud\ski i,u,��a ��np��i,�nnM.-»a anp'v81�i »a�fs�.�d ���n�,w-."H����,���s �,an.�vd-soazt�v���vds8\v»I'Ivn'��a e\'w 8 3WlAlil3dd'dd w Q umuuu l C uuuuuuumu Cm C ��pyIIII����I�I IIII Illluuulllluumu � `I� uuuuuuuuuuuuu �1 RUN ,,, uuuuuuuiu � uuuuuuuuuuuuuuuuuuuuuuu Z ¢ ncli r J U w w Ua G o w¢a c—Z7 wx} Ux w WWW¢ % x W Fa oUU O asxs Z wwNp }¢ ¢ a E WEE O rn — �aoo pww ¢¢ w W w¢> O wz W w ¢ z K U p O W w 0 Q Q Z aZ W 2 MO 0 Z = p F> w W OO z M z Q 0 K J¢ z> C¢ O z w O m J d >> U w C, d U p -= z U o O i � a H= ¢ z ¢ O p O x K a ¢ o z O cw.� m 0 U� v o� W m o O O z w M Wz Ow O¢ XH 2E 00 K m K p O z¢ Z OZ m w w z W¢ W. �w=� w>am� F w rtwmFozno UZ¢UmZ¢� �0owxZ_w OwwOa�n �WmOF_cn ~UOU� UUOzHw�a w w w Yz3�waO OUUo LLwUKX U 0¢w o Q =wQO v¢Zi —�owwdrn iFozri OUwxLL¢w O a00 ¢oo =wwz - mN Q O =a¢0 d H m to 2 Q N H f d Q¢ w V �tJ F fn Cn (V 3WlAlil3dd'dd w Q umuuu l C uuuuuuumu Cm C ��pyIIII����I�I IIII Illluuulllluumu � `I� uuuuuuuuuuuuu �1 RUN ,,, uuuuuuuiu � uuuuuuuuuuuuuuuuuuuuuuu 0-,89 N��OjQNQ� w W W W O �o _ 7 1 1 UNIO Z O — = — — W OAIIN' r VVIIINV6VVNVNVV��119111110n � HU H H F w _ �a�aaa�o IVw oow000Zo 000 17��11� ° �m �JI��J II ■� . .. .,� •� ��► III i I I I ° 1 ■. 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CIJINIAAI1u\Tll 6" HUGH WHITE LETTERING SURFACE APPLIED, FONT: CAVIAR DREAMS SUPPLPD BY OWNER I ARCI 11 TEc r 4" HIGH WHITE I E I I FIRING SURFACE APPLIED, FONT: ARABIC 2-1/2" HIGH WHITE LETTERING SURFACE APPLIED, FONT: ARAL - r"N"IFIR001 •i-11M•N 124:4:41 000,0000 VIVAHPartneis.com monument sian elevation ........... ALUMINUM FRAMED Wi PREFINISHED ALUMINUM COMPOSITE PANEL FACERS SIGN CABIINET E10" F1 F-1, RECESSED SQUARE EMBLEM, MATCH COLOR OF MAIN SIGN CESSIBILI TY AND, EQUAL OPPORTUNITY HOUSING LOGOS IN WHITE SET ON RECESSED PANEL BRICK BASF AND, SLOPED ROWLOCK CAFE. 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III � IiN�� ,. i �� � III i�� norma� w l 10 ����l coma��oIII W,ui, u wi o d acs a range 0 F il-IdUstries and al'?l ��� I IRo N (''JI a sscre te@ is one such system Cas t:...in....place concre Le, containing a grid series of voids created by a patented forming process, which allow thes ig to be perviot..i in nwhire Grasscrete is made by pouring concrete over "Formers", a mold that leaves voids in the concrete- that once opened can be filled with a variety of porous materials such as vegetation or no -fines stone Grasscrete combines the environmental appeal of natural grass with the engineering principles of reinforced concrete, to provide year round access for a variety of applications. :Im e.cast System Reliance upon grass Load cover for anchorage 11 Sub -base deforms Load lateral displacement sub -grade to pump to surface No reliance upon grass, cover for structural Load Load integrity f � NJ l t �� �, i i r i r� wP ✓t (Y h . . .. .... . Safe load distribution via reinforcement '�Jo RenLdr niena for Il! d e Detztls Modular pre -cast concrete or plastic systems require edge restraints or curbs. Grasscrete, however, requires no such details, enabling it to blend naturally with adjacent finishes with subtle delineation created by a monolithically cast solid concrete edge margin. I ower SUb base Il:)eptdw ",leeded Due to its section thickness and continuous reinforcement, Grasscrete can be installed over slimmer sub -bases than required for pre -cast or plastic type pervious pavements. Effective withi Saturated SLIb-base Standard systems support up to 114,000 pound vehicles along with such customized applications as military tank use or light speed rail track access; even when the sub -base becomes saturated. As seen to the left, a monolithic concrete slab spreads the weight of the load over more surface area, thus resisting differen settlement often found with modular pre -cast or plastic systems. The structural integrity of Grasscrete is not reliant upon the vegetation and can be trafficked once the concrete reaches adequate compressive and flexural strengths. Modular, pre -cast concrete or plastic systems rely significantly upon gras for stability by forming a composite tensile wTh in n s Freeze], haw Grasscrete's unique pocket profile enables the release of frost heave and hydro -static pressure. These benefits enable the system to be used over frost influenced ground and in demanding slope protection works. 50 Grasscrete infiltrates water at about the same rate as would an ordinary lawn in the same location. Grasscrete maintains the natural equilibrium of ground water re -charge and reduces runoff significantly. In addition, infiltration promotes water quality improvement through bioretention as toxins and metals are cleansed naturally throe h ve etation and soil structure. Recyded Content Grasscrete maintains environmental focus by using 100% recycled materials in the production of the Molded Pulp formers. The Molded Pulp former biodegrades naturally, making it a truly sustainable product. Recycled materials are also encouraged to be used within the concrete mix, the fill chosen for the voids and sub -base layers. n1crease � urOt"nsq ac l�Ieduce II.. eat p s,an d II ffect Grasscrete allows a conventionally barren vehicle area to be transformed into a green urban oasis. Visually appealing greenspace also boasts a reduction in the heat island effect, creating a comfortable, calming and attractive vehicle use area that maintains structural integrity. Grasscrete has installations dating back to 1974 still in place today. The longevity of Grasscrete is far greater than pre -cast or Plastic systems. Precious space is used in order to add detention ponds, bioswales and other Best Management Practices. This is not only costly but these applications use space that could, for example, be used to increase the building footprint and ultimately bottom line profits. Treating stormwater on site is not only practical but is also regulated by many agencies. Since Grasscrete allows natural water infiltration, the need for expensive stormwater infrastructure such as curbs, gutters and underground piping can be significantly reduced or even eliminated. ow Maintenance CoMs��� Stone filled Grasscrete is most widely used for the low maintenance costs associated with it. Due to the large size of' the voids and installation at <1% slope, clogging is not typical. If needed, the voids can be cleaned out. Vacuum trucks and regularly scheduled maintenance are not needed. If' using vegetation, treat it as an ordinary grassland when it comes to care. Water, nutrients and mowing are all typical care for vegetated Grasscrete. Grasscrete can be snow plowed easily. 51 ,\:k I I VE The `feel good' factor of greenspace cannot be overlooked as street scenes are softened without losing essential structural performance. Greenspace within urban areas is invaluable in balancing CO, levels created by vehicular traffic. Located at the actual point of emission, the natural digestion by a grassed parking area can help to avoid atmospheric CO2 build up and reduce the "urban green island effect". Ideal for sustained traffic areas, Grasscrete can be prUa l[y conceau,e i \v Ith VegeVaalu: o n so it is functional, environmentally friendly and pleasing in appearance. p ati nsIlndAide:. uuuuu Vehicle Parking uuuuu Access Roads uuuuu Road Shoulders IIIII Driveways IIIII Fire and Emergency Access 52 Ideal for low traffic areas, Grasscrete can be Ivonceawiumllh � get:3fl man so it is functional, environmentally ` Nk R friendly and pleasing in appearance. COM WPI,. AN) M 1-ktB,� Common Ccmc mid uuuuu Fire and Emergency Access uuuuu Overflow Vehicle Parking uuuuu Low Traffic Access Roads uuuuu Medians #;'ti1,NC I' L I D SYS IF M Grasscrete offers the end-user the ability to provide gear -round access for a variety of applications requiring structural paving surfaces without compromising the aesthetics of their exterior landscaping and having to utilize traditional hard pavements, minimizing the need to control stormwater runoff. 53 Ideal for sustained traffic areas, Grasscrete can be IHed wkllh Duo -Fees _ton for maximum percolation rates and a low maintenance option that is both functional and environmentally friendly. . T (0 RaBAR Stone filled systems are capable of draining at rates of up to 480 inches per hour with l00% retention of water possible with correct design. The stone filled application is ideal if seeking a low maintenance design. Grasscrete can be instatl'ied on a siope to control erosion while protecting and vegetating banks for both a functional and visually appealing option. Capable of installing at a slope of 1:2 (5o%), Grasscrete has been flow tested to rates in excess of 26 feet per second. This enables it to be used in exacting locations such as emergency spillways. The same testing process has also shown that when used in water flow Grasscrete is hydraulically efficient. Under heavy flow, long stemmed grass is flattened with the resulting thatch reducing the Mannings `n' value for hydraulic roughness to as low as 0.03. Pre -cast concrete systems require infill panels to create directional changes. These spaces can cause turbulent flow that become a focal point for erosion, Grasscrete by contrast is a continuous slab with no such weakness. 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Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development DATE: September 1, 2022 CASE NUMBER PZ -18-22 PUBLIC HEARING DATE September 8, 2022 BRIEF SUMMARY OF REQUEST Ann Choi Development Planner 11 APPLICANT/PROPERTY OWNER Wyllys Mann, MVAH Partners/ Cirila Emotin, Consolidated Properties Trust PROPERTY ADDRESS/LOCATION 2040 W. Algonquin Road Wyllys Mann of MVAH Partners, the "Petitioner", received a zoning map amendment and preliminary planned unit development (PUD) approval on March 15, 2022 (Ord. 6617) to construct a four-story affordable senior housing development with related site improvements. Because only preliminary approval was passed, the Petitioner must obtain final approval to move forward with the project. The zoning map amendment and preliminary PUD approval is repeated in this request for Final PUD approval because of improper public noticing for the February 10, 2022 public hearing. Approximately 76 property owners located outside of the jurisdictional boundary of the Village of Mount Prospect but within the required radius of the subject property were unintentionally excluded in the public notice mailing list for the February 10, 2022 public hearing for the zoning map amendment and preliminary PUD request. The Petitioner is seeking a zoning map amendment to rezone the subject property from R -X Single Family Residential to R-4 Multi -Family Residence District and a conditional use for a preliminary and final planned unit development consisting of senior housing. The Village's future land use plan in the Comprehensive Plan designates the subject property as a multifamily district, with primary uses as multi -family developments including senior housing with appropriate densities. The proposed use complies with the characteristics of the Comprehensive Plan. Staff is supportive of both requests. 2022 Vil of Mount Prospect Zoning Map H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 1 66 EXISTING EXISTING LAND USE/ ZONING SITE IMPROVEMENTS R -X Single Family Vacant land Residential SURROUNDING ZONING & LAND USE North: R -A Single Family Residential, Institutional East: R-4* Multi -Family Residential PUD, Multifamily South: B-4 Commercial Corridor, Neighborhood Center West: R-4* Multi -Family Residential PUD, Multifamilv STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS BACKGROUND/PROPERTY HISTORY SIZE OF PROPERTY 2.09 Acres DENY The subject property was zoned R -X Single Family Residential when it was annexed into the Village of Mount Prospect in 1974. Newly annexed properties are zoned R -X by default. A previous request for a three-story residential development containing residential units was denied by the Village Board on January 21, 1975. The property has since remained undeveloped land that is currently used informally as an outdoor recreation amenity by neighboring multi -family developments. PROPOSAL The Petitioner is proposing to rezone the subject property to R-4 Multi -Family Residence to develop a four (4) story, fifty-three (53) unit, and affordable housing development for seniors aged fifty-five (55) years and older. The Petitioner is also requesting conditional use approval for a preliminary and final planned unit development (PUD). The proposed building would consist of forty-one (41) one bedroom units, twelve (12) two bedroom units, and indoor amenities to accommodate residents. The development also proposes an outdoor parking lot at the front (south) of the site, underground detention beneath the parking lot, and an area for stormwater detention at the rear (north) including outdoor amenities such as a pedestrian path, exercise stations and a gazebo. Zoning Map Amendment — The subject property is currently zoned R -X Single -Family Residential. The Petitioner is requesting approval to amend the zoning to R-4 Multi -Family Residence for the purpose of locating a senior housing development on the subject property. Conditional Use for a Planned Unit Develo Ment — Per Village Code, senior housing may only be approved as part of a planned unit development. Traditionally, senior housing developments, defined by code as "housing in which all dwelling units are intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older" generally have a reduced impact on surrounding neighborhoods compared to traditional multi -family development as tenants are less mobile and therefore less likely to drive a vehicle. As the proposed development is marketed towards persons that are fifty-five (55) years and older, the Petitioner worked with staff to increase the parking ratios afforded to traditional senior housing developments. In residential planned unit developments, the maximum number of dwelling units allowed per acre is forty eight (48) units per acre for developments incorporating senior housing, and the proposal has a density of approximately twenty-five (25) units per acre. Site Plan - The attached site plan illustrates the proposed layout for the four-story, fifty-three (53) unit senior housing development. The proposed building is set back approximately 400 feet from Algonquin H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Repo rts\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD),docx 2 67 Road. Residents in senior communities restricted to 55 years and older are typically considered active and require little to no medical supervision, and developments of this type typically lack centralized dining and on-site health facilities. The first floor would consist of eleven (11) dwelling units with an entry lobby, a 700 square foot community room, a fitness room, and a leasing office. The second, third, and fourth floors would each have fourteen (14) dwelling units. The development also proposes an outdoor parking lot at the front (south) of the site, underground detention beneath the parking lot, and an area for stormwater detention at the rear (north) including outdoor amenities such as a pedestrian path, exercise stations and a gazebo. The attached site plan also indicates a pedestrian connection accessible to students of nearby John Jay Elementary School as well as to nearby residents. The proposal will utilize the paved turnaround area between the stormwater detention and the proposed building, which is accessible via the engineered landscape pathway along the east length of the proposed building. The engineered landscape areas will provide access for emergency vehicles as well as to serve as a loading area on move-in/move-out days for residents. The proposed site plan meets all building and parking lot setback requirements for R-4 zoning, except along the west and east lot lines where the parking setback is reduced to 9.5 feet and 9.15 feet, respectively. Site Access and Traffic - Sam Schwartz Consulting, LLC, (Sam Schwartz) was retained by the Petitioner to conduct a traffic impact study. Per the traffic study, vehicular access to the site is proposed via a single right- in/right-out driveway to Algonquin Road, located approximately 115 feet to the east of Brownstone Court. This close placement of the site access driveway is a function of the parcel's narrow frontage to Algonquin Road, its only frontage on a public street. The developer has been engaged in discussions with adjacent property owners about cross -access, but since both neighbors have stated reluctance to move forward with easements, all recommendations outlined in traffic impact study are based on the assumption that all site traffic would utilize this right-in/right-out driveway. In addition, a dedicated pedestrian walkway would be provided between the primary parking aisles within the site. This walkway would extend the length of the parking lot, connecting the existing sidewalk on the north side of Algonquin Road to the development's primary pedestrian access. The following are recommended improvements to mitigate anticipated traffic -related impacts resulting from the proposed development and to improve the functionality of the local transportation system. • The driveway should provide a single outbound lane with a single receiving lane and a stop sign for outbound site traffic. • Since sidewalks are currently present along Algonquin Road at this access location, it is preferred that the new access drive be designed with a continuous sidewalk across the driveway, giving the pedestrian priority. • Consideration should also be given to providing a concrete pad for the existing Pace bus stop to improve accessibility and boarding/alighting experience for development residents. The Petitioner appears to have worked diligently with the neighboring properties to establish cross access in lieu of the proposed curb cut on Algonquin Road in line with staff's recommendations; however, the Petitioner was unable to secure approval for cross access due to the complex ownership and multiple condominium board structure of the neighboring properties. Mount Prospect Greens to the east denied the request due to concerns over losing parking, and Brownstone Court entered into negotiations for a cross H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 3 68 access easement, but ultimately rejected all offers. Staff supports the final PUD with the restricted access on Algonquin Road. Therefore, staff has included conditions of approval that would require the Petitioner to obtain all necessary permits from the Illinois Department of Transportation (IDOT) and other relevant agencies. The Petitioner has not yet received comments from IDOT, despite repeated efforts to follow up, but the Petitioner expects to receive comments soon as the review deadline is set to expire shortly. Building De ign - The attached elevation drawings show that the proposed building will be constructed approximately thirteen feet (13') above the maximum height of thirty-five feet (35') permitted in the R-4 zoning district for multi -family buildings. The building will be forty-seven feet, nine inches (47'-9") at its highest point of the parapet. The proposal will have a masonry building base and facade materials including face brick veneer and fiber cement siding. Lot Coverage and Open Space - The R-4 zoning district limits lot coverage to no more than fifty percent (50%) of the total land area. The site plan indicates a lot coverage of sixty percent (60%). The proposed project also falls short of the minimum open space requirement of 40% for a residential PUD. The proposed project provides approximately 38% open space for the overall site. The proposed stormwater detention / volume control system is required to meet the requirements of the Metropolitan Water Reclamation District of Chicago (MWRD). Floor to Area Ratio — The R-4 zoning district limits the floor to area ratio (FAR) to 0.5. The proposed site plan indicates a FAR of 0.6 which includes the four stories of the proposed building and the footprint of the gazebo. Parkins- As previously discussed, parking requirements for PUDs incorporating senior housing are reduced compared to traditional multi -family developments. Parking ratios for traditional multi -family developments would require the development to provide 117 parking spaces. Senior housing (62 years and older) parking ratios would require the development to provide 43 parking spaces. Previous PUDs incorporating senior housing are summarized in the following table. The most recently constructed senior housing development, the Kenzie Senior Residences (restricted to persons 55 years and older) provides approximately 0.70 parking spaces per unit. On the higher end, the Alden Senior Residences, provides approximately 1.07 parking spaces per unit. Since the proposed development is not restricted to persons 62 years and older, and because it is also not a regular multi -family development, Staff requested that the proposed development utilize a parking ratio averaging multi -family developments and senior housing developments. The Petitioner proposes a parking ratio of approximately 1.17 parking spaces per unit for a total of sixty-two (62) parking stalls, including nine (9) accessible stalls. H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 4 69 *Includes memory care units. The increase in the number of accessible parking spaces, which require specific requirements for accessible stall and access aisle width under the Illinois Accessibility Code, resulted in the elimination of one center parking island along the western -most row of parking stalls. I_andsca ing - The Petitioner's landscape plan indicates landscaping along the northern, eastern, and western property lines that will screen the development from adjacent residential properties. Landscaping is proposed along the Algonquin Road frontage and within the parking lot islands. A significant amount of foundation landscaping is proposed around the perimeter of the proposed building. The stormwater detention area will be composed of native perennials and groundcover. No privacy fences are proposed as part of the proposed development, except to enclose a small area for the proposed pedestrian connection between the John Jay Elementary School and the Mount Prospect Greens property. Lighter - The Village Code specifies that all exterior lighting consist of full cutoff luminaries with a total cutoff angle of not more than ninety (90) degrees, and requires flat lenses for all lighting fixtures. The development will be required to comply with all applicable Village Code lighting requirements. Economic Impact — Per the Petitioner, the project is projected to pay $42,000 per year in property taxes. Over half of those taxes will go to fund Harper College, High School District 214, and School District 59. 11% of those taxes will go directly to the Village of Mount Prospect and 6% will go to the Mount Prospect Park District. Affordable Housin Com anent — One bedroom units will range from $382 for residents at 30% of the Area Median Income to $881 for residents at the 60% Area Income. All two-bedroom units are designated for the 60% AMI range and those will cost $1057. Rent increases are allowed but are subject to approval by the Illinois Housing Development Authority (IHDA) and limited by the Department of Housing and Urban Development (HUD) guidelines. Under IHDA regulations, the project is restricted to persons 55 years old and older for at least 15 years. The requirement to remain affordable outlasts the requirement to remain 55+. The PUD ordinance would govern that the project would need to remain a senior housing project, and any changes to the type of residences would require an amendment to the PUD with Village Board approval. The project would also enter into a binding agreement with IHDA to remain affordable. Preliminary PUD Approval Process The Planning and Zoning Commission conducted a public hearing for the zoning map amendment and preliminary PUD request at a regular meeting of the Planning and Zoning Commission on February 10, 2022. H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 5 70 During the meeting, discussion primarily focused on the height of the proposed building in comparison to the surrounding properties, fire access around the building, cross access with the neighboring west property, and additional traffic that would be generated by the project. It was discussed that the proposed building would be one story taller than the property to the west and one to two stories taller than the properties to the east. The Petitioner stated that they worked with the Village's Fire Department to work out access for emergency vehicles and explained that a fire lane was provided along the east side of the proposed building due to the narrow nature of the subject property. The Petitioner explained that this path would be constructed of engineered landscape, the width of the path would only accommodate a single fire truck going one way, and the area located behind the building would accommodate a fire truck making a three-point turn. A positive recommendation was forwarded to the Village Board with a 5-0 roll -call vote of the commissioners present. The Village Board reviewed the proposal at the March 15, 2022 Village Board meeting. Discussion items included the feasibility of obtaining cross access, repositioning the building closer to Algonquin Road if cross access was viable, fire access around the building, and the lack of sufficient parking at other senior housing projects within the Village. The Village Board stated that the proposed use was in line with the Village Board's goals of providing senior housing and housing in general that is affordable, and expressed sincere appreciation to the Petitioner for the proposal. The Village Board unanimously approved the zoning map amendment and preliminary PUD requests, with a 6-0 roll -call vote of the trustees present, at the March 15, 2022 Village Board meeting. Changes in the Project from Preliminary to Final Approval Due to the Petitioner's inability to achieve cross access with the neighboring properties, the full access driveway that was originally proposed on the preliminary PUD site plan was modified. A Traffic Impact Study was completed and recommended a right-in/right-out only driveway on Algonquin Rd. Based on the new direction, several changes were made to the preliminary PUD site plan and are reflected in the drawings submitted. They are as follows: + The full access curb cut on Algonquin Road changed to a restricted right-in/right-out access; • Accessible parking spaces increased from 6 total to 9 total; • Three islands were removed at the center of the main parking area, and an additional parking space was added to the north parking bay; s The north landscape island was revised to allow fire truck turning movement throughout site; and * Directional signage and ADA signage were added. In addition to the original waivers for increased building height and FAR, and waivers for reductions to the lot coverage, parking setbacks and number of off-street parking spaces that were requested as part of the preliminary PUD, two new waivers have been added to the final PUD request. The proposed project will also require a waiver to the 40% open space required by a PUD as there was not enough developable land to meet the 50% lot coverage ratio required by the underlying R-4 zoning district. The increase in the number of accessible parking spaces which have specific requirements for stall and access aisle width resulted in the elimination of one center parking island along the western -most row parking stalls. ADDITIONAL STAFF COMMENTS Additional staff comments (building, fire, and public works) are included in the review letter dated August 29, 2022, under "Administrative Content". These requirements are included as part of the staff report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 6 71 LONG-RANGE PLANNING The proposal for 53 senior housing units meets the following objectives of the following long range plans: Comprehensive Plan The 2017 Comprehensive Plan, a guiding document for future development for the Village, notes this site as a 'multifamily district' within the future land use map. The primary uses under that category include multi- family developments including senior housing with appropriate densities as defined in the zoning ordinance. Further, the 2017 Comprehensive Plan promotes minimizing the impact on traffic congestion, enhancing walkability, and including streetscape, safe connections, landscape features, and pedestrian amenities for any new development. The proposal meets all of these goals. 3.1.3. Promote development opportunities in the Village for a full range of housing for seniors. The Zoning Map designates the subject property as R -X Single -Family Residential. As multi -family dwellings are allowed as permitted uses only in the R-3 and R-4 zoning districts, the zoning map amendment from R -X to R-4 would be consistent with the recommendations of the Comprehensive Plan. South Mount Pros ect Subarea Plan The subject property is listed as an opportunity site in the CONNECT South Mount Prospect: 2020 Sub -Area Plan. The subject property is one of fifteen opportunity sites intended to facilitate future redevelopment and improvements in South Mount Prospect. The plan indicates that a formal recreational area with park amenities for all ages is the most suitable use for the site; however, staff has previously reached out to the park district and the park district has expressed a lack of interest in developing the site as a park. The park district has cited site challenges and lack of financial resources as key reasons. Goal 1: Promote inclusive growth and a mix of housing densities that provides diversity, transportation access, and a sense of place. Objective 2.1.1: Encourage new housing which reflects the character of the Village. Goal 2: Support redevelopment opportunities of underutilized properties, while promoting the up- keep of the existing housing stock. Objective 2.2.1: Market underutilized and vacant sites for development and redevelopment. Goal 3: Encourage senior and affordable housing options to increase the housing diversity in the area. Objective 2.3.1: Identify key sites for senior and affordable housing with adequate transportation access. 2021-2022 Strate is Plan (Executive Summary) Goal 4: Family -Friendly Neighborhoods: Safe and Livable For All Objective 6: Have a range of housing options: differing types and differing price points throughout our Village. ZONING MAP AMENDMENT STANDARDS The standards for zoning map amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a zoning map amendment is proposed, the Planning and Zoning Commission shall make H:\PLAN\Planning & Zoning COMM\P&Z 2022\5taff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 7 72 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 Petitioner states that the proposed zoning map amendment would make the parcel compatible with surrounding residential projects and is consistent with development in the area. The subject property is bordered on the west, east and southeast by multi -family residential properties of similar density. The Petitioner states that the parcel is currently zoned R -X; however, the surrounding uses make the property ill- suited for single-family residential development. The density of the surrounding properties is not compatible for a single family home as many of the surrounding properties have been rezoned to allow for greater density, and very few single-family homes in the area would inhabit a lot as large as the subject property. The Petitioner maintains that the proposed use would be consistent with the objectives of the 2017 Mount Prospect Comprehensive Plan, which encourages development of housing for seniors in the Village. Per the Petitioner, most development along Algonquin Road has prioritized family development and there are no age restricted properties nearby. The Comprehensive Plan encourages the provision of adequate housing options for residents to age in place and to provide the housing needs of the next generation of residents. Staff has reviewed the proposed R-4 Multi -Family Residence zoning classification and believes that the proposal will not have a negative impact on the surrounding properties or neighborhood. The R-4 zoning classification would be consistent with existing land uses on adjacent property. Further, the R-4 zoning district is consistent with the South Mount Prospect Plan, the Comprehensive Plan future land use designations and the 2021-2022 Strategic Plan. The surrounding parcels to the east, west, and southeast are zoned R-4. Thus the proposal is compatible with nearby existing zoning. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Repo rts\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 8 73 The request conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. The Petitioner states that the proposed PUD will not be injurious to the surrounding uses or property values. The Petitioner states that the proposed development will enhance surrounding development, since the subject property has been undeveloped for many years. Staff has reviewed the Petitioner's request for a conditional use to allow a residential planned unit development including senior housing, and finds that the standards have been met, as set forth in the Petitioner's responses to the standards. The proposed use will not have a detrimental impact on the health, safety, or general welfare of the community. The proposed development will not significantly change the character of the surrounding neighborhood. The proposed development will expand the senior housing options in the Village, which is a key goal of the Village's Comprehensive Plan. Staff does not believe that a significant amount of traffic will be generated as a result of this development. Per the Petitioner, the proposed development will generate increased property tax revenues, a portion of which will fund the Mount Prospect Park District and the public library, and will not add any additional burden on the local school districts. The proposed development will also improve the public safety in the area by providing onsite staffing, security cameras, and "eyes on the street" to what is now a vacant lot. Staff finds that the proposal meets the zoning map amendment and conditional use standards and that granting such requests would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings of the Planning and Zoning Commission and recommend approval of the following motions: 1. A zoning map amendment from R -X Single -Family Residential to R-4 Multi -Family Residence at 2040 West Algonquin Road; and 2. A conditional use for a preliminary and final residential planned unit development (PUD) consisting of one (1) principal building used for senior housing, subject to the following conditions of approval: a. Approval of the preliminary and final planned unit development is expressly conditioned on the successful IDOT permitting of an Algonquin road access point that has been approved by Village Staff; b. The Petitioner shall provide an easement granting pedestrian cross access between the subject property, John Jay Elementary School (District 59), and the property to the east of the subject property, in a form acceptable to the Village; c. The Petitioner shall make good faith efforts to coordinate with PACE to determine the ideal location of and make improvement to the PACE bus stop in front of the subject property; d. The Petitioner shall address all comments included in the Village review letter dated August 29, 2022; e. Development in general conformance with the plans prepared by Manhard Consulting, Ltd, bearing the latest revision date of 08-18-22; architectural drawings prepared by BDCL Architects, PC, bearing the latest revision date of 08.30.22; f. Submittal of landscape, tree inventory, irrigation, and photometric plans that comply with Village codes and regulations; g. Compliance with all applicable development, fire, building, and other Village Codes and regulations; H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 74 h. Petitioner shall provide a complete building code analysis during the permitting process which shall comply with the requirements set forth in the adopted building codes and amendments as adopted by the Village; i. All ground and rooftop mounted mechanical equipment shall be screened according to Village Code; j. All proposed signage shall meet the applicable requirements of Chapter 7 of the Village Code, unless otherwise noted in the PUD request; k. Elevations and building materials should be noted; I. The property owner shall maintain all stormwater management facilities in accordance with the Operation and Maintenance Plan to be approved with the permit documents, and shall provide documentation to the Village annually confirming the required maintenance activities have been performed; m. All necessary permitting, including but not limited to, IEPA, MWRD, IDOT permits, shall be applied for and obtained. The Village Board's decision is final for this case. ATTACHMENTS: o` ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) — I concur: ---------------- William J. Cooney, AICP Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc...) H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-18-22 2040 W Algonquin Rd (ZMA, CU -PRELIM & FINAL PUD).docx 10 75 "0 Village of Mount Prospect community Development Department 50 S. Emerson Street Mount Prospect, pect, Illinois 60066 Phone; (847) $18-5328 Zoning Request Application official use Only frtai Case Number: P&Z Project Name/Address; Date of Submission. RECEIVED JUL 18 = Village of Mt. Prospect Hearing 1, Subject Property Address(es)l 2040 W Algonquin Road, Mount e Prospct, IL 6, 6 . . . . ........ . . ...... Zoning District (s) R -X Single Family Residential Property Area (Sq.Ft. and/or Acreage): 88.030 SIF Parcel Index Number(s) (PIN(s): 08-15-400-041-0000 11, Zoning Request(*) (Check, all that apply) Conditional Use: For POP El VaripfiQ09Y To EZ Zoning Map Amendment: Rezone From R -X Single Family Reside(1081 To R-4 PUD 0 Zoning Text Amendment. Section(s) Other IV, Applicant (all correspondence will be sent to the applicant) Name VVylly5 Mann Corporation: MVAH Partnersv_ Address; 9 100 Centre Pointe Drive, Suite 210 city, State, ZIP Code; West Chester, OH 45009 E-mail: w .co yIIys.mann@,m.vahpart.nors m _ Phone* __ 9T 9-0tiq__ Interest in Property: Daveloner (e.g. owner, buyer, developer, I etc... 76 In consideration of i contained in this peon as well as all supporting documentation, it is requested that approval Oel given to this requeet. 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 agent's permission to enter on the property during reasonable hours for IInspection of thesul4eat property. I herOy affirm that all informatlon provided herein and In all materials submitted in aissolplatiioln with this application are true nd accu,ralto o the best of my knowledge. Applicant: Date., 6/7/2022 Is Mann ----------- ir Type Narrille) jj-� ? 521MMI IY =A WOM I I! I I! I I I I i; III I I I I I I III Ili IN I !I zu�� applicaWn and the assm;iated supporting rnaterW. Property Owner; (Print or Type Naiime) M Affidavit Wffiuw Ownership Subsprihod and §wprn to i fi'i r . iris this,,. „ day of JANET D. CLARK Notts Public - Notary Seat Texas County • State of Missouri Commission Number 134897"15 My Commission Expires ,lean 4, it'2S Notary Pu ll rrr�wrw•0 78 REAL ESTATE TRANSFER TAX 04•Mar-2020 COUNTY: 0.00 ILLINOIS: 0.03 TOTAL: 0.00 08-15400-047-0000 20200201 X55 1 0-248-964536 PREPARED BY/ RETURN TO: Nathan Neff Neff Late Group PC 414 N. Orleans, Suite 210 Chicago, IL 60654 Quit Claim Deed 11,1111,ti � 11j�;fI 06 4152 -z q DOc# 2006415129 ree * 5;a . 00 RHSP FEE:29,e0 RPRF FEE: sl,ee EDNpRb M. MOODY COOK COUNTY RECOPDER OF DEEDS DATE. e3/DV2628 12:29 PN pG: 1 Dr 2 THE GRANTORS, MICHAEL PELFRESNE, DONALD PELFRESNE AND CHARLES PELFRESNE, whose address is for and in consideration of Ten and 00/100 Dollars ($10.00) in hand paid, CONVEYS and QUIT CLAIMS to Cirila Emotin, as Trustee of Consolidated Properties Trust, who address is 201 Everglade, Madison Wisconsin, all interest in the following described Real Estate situated in the County of Cook in the State of Illinois, to wit: THE EAST 107.15 FEET OF THE NVEST 692.40 FEET (MEASURED ALONG A LINE PARALLEL WITH THE NORTH LINE) OF THAT PART LYING SOUTH OF THE NORTH 3$5.70 FEET OF LOT 2 IN EDWARD BUSSEE'S DIVISION OF PART OF THE SOUTHEAST Y� SECTION 15 AND PART OF THE NORTHEAST 114 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT FROM AFORESAID TRACT OF LAND THF NORTH 315.00 FEET THEREOF), IN COOK COUNTY, ILLINOIS. Commonly known as 2040 W. Algonquin. Road, Mt. Prospect, Illinois PIN: 08-15-400-047-0000 Grantors release and waive all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. TO HAVE AND TO HOLD said premises individually. Exempt under provisions of Paragraph e, Section 31.-45, Property Tax Code. IN WITNESS WHEREOF, this instrument was executed, signed and delivered on this the / qday ofj>.,o�r, Don fr�;ssri .° LMY , Michael esi •il,tf .,_w,��u, a,cc�.P.t:i �ii:;`�� ��, .-r5, rg.:s Clyaries elfr ne This instrument was acknowledged before me on this /7A day of ' . ;x&19. OFFICIAL SEAL LAURA L BELMONTE NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSIO N EXPIRES:OX9/23 �Ivot r rum r Printed Name My commission expires; 5- C,:vk- SFr�zt L1~ & 0o 10 79 I- 1 Commonly known as 2040 Wl' "Algonquin Road, Mt. Prospect, Illinois PIN. 08-15400-047-000 : € 1 GRANTORIGRANTE� AFFIDAVIT! STATEMENT BY GRAN AS QUIRED BY §55 ILLS 513-5020 (from ch. 34, PBC 3-a GRANTOR SE TION "Grantor' used herein is 6firied below RAorherlhis agent, __ _.NT Q_Rafft The s that, to the b�� st of herihis kngwiedge, the nary on the deed or assignment of benefici it interest {ABI) in' a land trust is either a natural pE corporation or foreign corporation autt Orizedto do business or acquire and hold fitle to r: partnership authorized to do business or,acquire anti hold title to real estate in Iflinois or as a person and authorized to do business or acquire afi d hold title to real estate tinder t i DATED: , 20 SIGNATURE-.-_ i GRANTOR OTARY SECTION: The t, seeflon is to be cotnRfeied by the NO fARYwha v ewes, Subscribed and swom to befa me, [ i/ ne of Notary Public o, ti e By the said (Name of Grantor): ? c S -� E On this date of 21. _ 2(i o I i 1h:r � NOTARY SIGNATURE - QRMTEE SECTION The GRANTEE or herlhis agent afbrms;and verifies t of beneficial interest (ABI) in a land t is antler a rr authorized to do business or acquire a ci hold`'iitle to acquire and hold He to real estate in It inois orother acquire and hold title to real estateundrthe Paws.oft DATER: 20 ' GRANTEE NOTARY SECTION:The belaw section is to be Subscribed and sworn to before me, Name of N! By the said (Name of Grantee): � [(61 Elf,C~ On this date Of. , 20: u NOTARY SIGNATURE, C1�1M Pursuant to Section 86 ILCS 5/34 statement conceming th identity, of a for the -RST OF SE, and of:a (Attach to D orA 3I to be Provisions ofa IllirtoiS Ri r. "Grantor" herein means D. PELFRE41 NE, ASJRLI KNOWN AS TRUST NUMBER 483 1. AND GRANTEE of the GRANTEE shown *n, an Illinois I estate in Illinois, a zother entity recognized laws of the State of Illinois. ( GRANTORarAGENT ZAIvTOR D. PFLFRESNE CANTOR signature. lard 1� 4tE��i V_kv G jv! I,v`4i� n-� he name of the, GRANTEE shorn on the deed or assignment I person, an Illinois corporation,orforeign corporation estate in Illinois, a partnership a�thorized to do business or ,+ recognized as a person and authorized to do business or fate of Illinois:, _ SIGNAT[]RE: GF ANTEE or AGENT kleted by the NorrARY who wibiiesses th9 GRANTEE stgnawm Public: L4 I r 1 ! }A R BECCA TIMM Notary Public I I Stade G1 Wisconsin 1 AB1L1TY NQT1QF ' i Any pers9i n who kno=PIMISD submits a false shall be guilty of a'iENI inCook County, Illinois if ex6pt under f UNDER TRUST AGREEMENT I mv. on 10.17.2016 TED APRIL 8, 1997 AND 80 $0.00 By 09/01/22 IF PAYING LATE, PLEASE PAY 2021 First Installment Property Tax Bill - Cook County Electronic Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-15-400-047-0000 049 16048 2021 (2022) ELK GROVE 1-00 09/02/22-10/01/22 10/02/22-11/01/22 11/02/22-12/01/22 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH, BY STATE LAW Your Taxing Districts Money Owed by Your Taxing Districts Pension and Healthcare Amounts Promised by Your Taxing Districts Amount of Pension and Healthcare Shortage % of Pension and Healthcare Costs Taxing Districts Can Pay Northwest Mosquito Abatement Wheeling $231,779 $7,760,171 $73,862 99.05% Metro Water Reclamation Dist of Chicago $3,294,323,000 $2,958,492,000 $1,219,143,000 58.79% Mt Prospect Park District $19,889,539 $32,407,456 $3,385,502 89.55% Harper Coll Comm College 512 (Palatine) $217,927,355 $73,034,940 $73,034,940 0.00% Township HS District 214 (Arlington Hts) $174,084,349 $270,533,348 -$10,941,244 104.04% Comm Consolidated SO 59 (Arlington Hts) $13,824,049 $150,264,026 $9,719,629 93.53% Village of Mount Prospect $146,353,994 $335,532,496 $89,834,413 73.23% Town of Elk Grove $935,482 $6,852,872 -$469,188 106.85% Cook County Forest Preserve District $233,103,051 $540,107,634 $328,420,280 39.19% County of Cook $7,595,772,042 $26,972,931,181 $15,481,971,961 42.60% Total $11,696,444,640 $31,347,916,124 $17,194,173,155 For a more in-depth look at government finances and how they affect your taxes, visit cookcountytreasurer.com PAY YOUR TAXES ONLINE Pay at cookcountytreasurer.com from your bank account or credit card. 2020 TOTAL TAX 17,510.84 2021 ESTIMATE X 55% 2021 1st INSTALLMENT = 9,630.96 The First Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, will be reflected on your Second Installment tax bill. 2040 W ALGONQUIN RD MOUNT PROSPECT IL 60056 *** Please see 2021 First Installment Payment Coupon next page *** CONSOLI 201 EVERGLADE DR MADISON WI 537171113 81 2021 First Installment Property Tax Bill Cook County Payment Coupon Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. DETACH & INCLUDE wi fH PAYMENT _ iii 11111111 111 111111111111111111 T1LG Property Index Number (PIN) Volume $0.00 Cook County eBill 08-15-400-047-0000 049 By 09/01/22 Click to pay online Amount Paid If paying later, refer to amounts above. Click to update Mailing Name/Address SN 0020210100 RTN 500001075 AN (see PIN) TC 008911 $ 00202101003081540004700007008911200000000000000000000000000000000000000000000 This is an Official Downloadable Tax Bill Payment Coupon. COOK COUNTY TREASURER Please process this coupon along with payment presented. PO BOX 805438 CHICAGO IL 60680-4116 82 08154000470000/0/21/E/0000000000/1 The proposed project, Prospect Sr Lofts, complies with the Applicable Standards outlined in the Application for a zoning map amendment. 1. Compatibility with existing uses in the general area of the Subject Property; The property is bordered on 2 sides by multi -family projects of similar density and the broader neighborhood has many similar developments. We believe that a multi -story apartment building on this site is the highest and best use. 2. Compatibility with the zoning classification of properties within the general area of the Subject Property; Both of the adjacent properties are zoned R4 on the West and R-4 PUD on the East. Our request is to be rezoned to a PUD that will allow us to build an independent living senior apartment building similar to the adjacent properties. There are also several R4 zoning classifications with similar size and density on the south side of Algonquin Rd. 3. The suitability of the Subject Property with regards to the uses permitted under the property's existing zoning classification; The current zoning is RX, for single family home development. This parcel is not well suited to single family home development. The density of the surrounding properties is so much greater that a single family would feel out of place on this lot. There are also very few single-family homes in the area that would inhabit a lot this large. 4. Consistency with the trend of development in the general area of the Subject Property, including changes that have occurred under the existing zoning classification; Many of the surrounding properties have been rezoned to allow for greater density, either through a change to R4 or to a PUD that ultimately led to density similar to that of the proposed Prospect Sr Lofts. This site is unique amongst the surrounding lots because it has only approximately 100 feet of road frontage. The trend of the general area is to have buildings located closer to the street, with parking in rear, to create a more ascetically desirable streetscape along Algonquin Road. However, despite numerous and persistent attempts otherwise, the developer was not able to obtain a cross access easement to make this possible. Therefore, the parking is located in between the building and Algonquin Road. Without a cross access easement from the neighbors, any development on this site would face a similar problem. 5. The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; This project is completely compatible with the permitted uses of a PUD, under Section 14.604 of the Zoning Code. Due to the 55 years -old and up age restriction the proposed project falls into either the "Residential planned unit development" or "Senior Housing when approved as part of a PUD" land uses. Both are allowed as Conditional Uses for R-4 zoning. The proposed Conditional Land Use is also consistent with the underlying intent of the R-4 zoning and the neighboring properties. It does not impede the free and unfettered use, enjoyment, and future development of the surrounding properties in any way. 6. The objectives of the current Comprehensive Plan for the Village and the impact of the proposed amendment on the said objectives; We believe that this project is consistent with the current Comprehensive Plan. Policy 3.1.3 of this plan clearly encourages development of housing for seniors in the village. Most development along Algonquin road have prioritized family development and there are no age restricted properties nearby. The Comprehensive Plan also mentions "Currently, eight percent (8%) of the population are seniors and seven percent (7%) are elderly. As the baby boomers and generation X, which make up forty-one percent (41%) 83 of the population, age over the next 30 years, the number of seniors and elderly in the community will grow drastically. Ensuring that there are adequate housing options for these cohorts to age in place will be important, as will providing for the housing needs of the next generation of residents". 7. The suitability of the property in question for permitted uses listed in the proposed zoning classification. This project falls into either one or both of the following conditional use allowed by R-4 zoning: 1) Residential planned unit development and/or 2) Senior Housing when approved as part of a PUD due to an age restriction of 55+ on all residents. The Village of Mount Prospect Code defines Senior Housing as units reserved for 65 -year-old and up residents, but City Staff recognized that this was not intended to be an open -age property. Due to its size and shape, this property is not well suited to a conventional multi -unit project. It is simply too narrow to accommodate a building with units the size of the adjacent properties and the parking needed for those larger units. There is demand for 55+ independent -living apartment style housing and the Village's comprehensive plan specifically suggest new senior developments to accommodate the growing senior and elderly population in the community. The proposed project is suitable to the both the community and the proposed R-4 zoning classification. 84 Response to Conditional Use Requirements 2040 Algonquin Road, Mount Prospect Zoning Map Amendment and Conditional Use Application 8. Standards: No conditional use shall be recommended for approval by the planning and zoning commission unless it finds: a. 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; The proposed building is consistent with the adjacent uses in scope, scale, and means of ingress and egress. It has all the modern health and safety equipment and will have onsite staff to make sure all systems are working properly. Its existence or operation will in no way be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare of the surrounding community. The 55 -year-old and up residents of the proposed project will be representative of those that live in the Village of Mount Prospect and have no distinguishing characteristics other than the age restriction. b. 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; The proposed building is similar to the neighboring residential buildings; therefore it will not substantially diminish and impair property values within the neighborhood in which it is to be located. Once occupied it will provide customers for the commercial businesses nearby, potentially increasing the value of those properties. Nothing about the proposed development will impact the ability of other property in the immediate vicinity to use or enjoy their property for any permitted purpose. c. 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; The proposed building develops a difficult infill lot. The entire development exists within the site boundaries and will not impede development in the surrounding property for uses permitted in the district. It is functionally a continuation of the existing pattern of multi -unit apartment buildings developed along Algonquin Road, except the 55+ age restriction for residents. d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; The proposed Site Plan provides adequate access to public utilities, drainage, and all necessary facilities have been provided. No access roads are being created, but a driveway will be provided. e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 85 The proposed Site Plan provides the only option for access to the property from the public street. A Traffic Study was conducted, and the findings recommended right -in, right -out driveway on Algonquin Road in order to restrict residents and guests from making left turns in or out of the property to minimize traffic congestion. The Traffic Study also recommended seeking the relocation of the PACE bus stop to minimize congestion. The developer is seeking approval of the relocation as part of this project. The Traffic Study has been included in this application. f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and The proposed project is consistent with the current comprehensive plan. The current comprehensive plan encourages development of new senior housing in the Village. It calls out the demographic trends which suggest that the numbers of seniors and elderly in the community and calls for development to that will ensure that there high-quality housing options for these age groups. Since there is no other senior housing in the immediate neighborhood surrounding the proposed site. Furthermore, the size and shape of this lot make it less compatible with a non -age restricted development, which would typically have larger units and require more parking. The proposed project is an efficient way to meet the goals of the current comprehensive plan. g. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. The proposed project will conform to the applicable regulations of the zoning district in which it is located, except it will require seven waivers that are being sought as part of this preliminary PUD. 1. The proposed height of the building is 13 feet higher than allowed by R-4 zoning, 2. The proposed lot coverage is 60%, instead of the 50% required by R-4 zoning, 3. The proposed parking count is 62 as opposed to the 117 that would be required using the multifamily residential parking ratio, 4. The FAR of 0.6 exceeds the allowable FAR of 0.5, 5. The parking setback along the west lot line is only 9.5 feet or six inches short of the required 10 feet and the parking setback along the east lot line is only 9.15 feet, 6. Elimination of the center parking island, and 7. A waiver of the requirement of 40% open space to 38%. 8. An increase in the maximum width of walkways in side and rear yards from 3' to 5' wide. None of these waivers creates a conditional use that endangers the community or adjacent neighbors free and unfettered use of their property. Nor do these requested waivers violate any of the foregoing provisions of 14.203. F. 8.a through f. Response to PUD Standards 2040 Algonquin Road, Mount Prospect Zoning Map Amendment and Conditional Use Application (revised August 29, 2022) A. General Standards: 1. Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. Prospect Sr Lofts complies with all the regulations of the R-4 zoning district underlying the PUD, except for building height, number of parking spaces, parking setbacks, minimum lot coverage, minimum open space requirements, elimination of the center parking island, and FAR. This infill lot has been vacant for many years because it is very narrow and presents a challenge to viable development because of its difficult dimensions. In consultation with Village staff, we balanced the need for parking, open space, FAR and stormwater detention against the financial feasibility of the project and determined that it is necessary to build a 48 -foot tall, 4 -story elevator building, which is one story, or 13 feet, taller than permitted under the R-4 zoning regulations. The proposed project will also need to exceed the FAR allowed by the underlying zoning requirements, increasing from 0.5 to 0. 6, in order to be financially viable and support full-time staffing. These proposed physical variances approved as part of this PUD would allow us to accommodate adequate parking and open space for the residents. Our project will also require a waiver to the 40% open space required by a PUD and there was not enough developable land to meet the 50% lot coverage ratio required by the underlying R-4 zoning district. Our proposed project will be designated for the 55+ senior market and will contain many single - person households. Together with Village staff, we determined that this project would not need the full 2:1 parking, as required by the R-4 zoning district. With the 4 -story building, we are able to fit 62 parking spaces for our 53 -unit building. The goal was to achieve more than 1 parking spaces per unit. In order to achieve this goal and allow space for all 9 ADA parking spaces required by the project, the project will also require a waiver of the requirement for 1 center parking island along the west lot line which was replaced with a parking space. Finally, to fit all 62 parking spots, we required a reduction of the minimum parking set back from 10' to 9.5' on the west side and 9.15' on the east side. 2. 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. We believe that this project is consistent with the current Comprehensive Plan. Policy 3.1.3 of this plan clearly encourages development of housing for seniors in the village. Most development along Algonquin Road has prioritized family development and there are no age restricted properties nearby. The Comprehensive Plan also mentions "Currently, eight percent (8%) of the population are seniors and seven percent (7%) are elderly. As the baby boomers and generation X, which make up forty-one percent (41 %) of the population, age over the next 87 30 years, the number of seniors and elderly in the community will grow drastically. Ensuring that there are adequate housing options for these cohorts to age in place will be important, as will providing for the housing needs of the next generation of residents" 3. The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. The proposed planned unit development will provide much needed senior housing for Mount Prospect residents to age in place. As is demonstrated by the Comprehensive Plan, the number of seniors in Mount Prospect is expected to increase dramatically and many of those seniors will need ADA accessible options, others will simple no longer want or need a single-family home. Furthermore, this ordinance was designed to allow for flexibility in the development of difficult and unusual sites. This site is difficult to develop because it is over 800 feet deep and only 100 feet wide. The narrow street frontage makes it difficult to conform with the aesthetic design of the surrounding neighborhood, which have buildings located close to Algonquin Road. Every effort was made to secure a cross access easement to make it possible to locate the building on Algonquin Road, but the developer was unsuccessful. Even with the building location towards the rear of the lot, the site plan is still consistent with the purposes of the zoning ordinance. The proposed project will bring development to a site that has been vacant for years and generate tax revenue for the Village. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. There are no new streets proposed as part of the project. B. Standards For Planned Unit Developments with Use Exceptions There are no Use Exceptions included in this request for a PUD. C. Standards For Planned Unit Developments With Other Exceptions: The Village Board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the Board finds such exceptions are consistent with the following standards: 1. Any reduction in the requirements of this chapter is in the public interest. The proposed building height, parking, parking setback, FAR and lot coverage%pen space exceptions are required to allow for this important development to be feasible, and as stated above, we believe that the development is in the public interest. The proposed planned unit development will provide much needed senior housing for Mount Prospect residents to age in place. As is demonstrated by the Comprehensive Plan, the number of seniors in Mount M. Prospect is expected to increase dramatically and many of those seniors will need ADA accessible options, others will simply no longer want or need a single-family home. 2. The proposed exceptions would not adversely impact the value or use of any other property. The proposed building height, parking, and open space exceptions will not impact the value or use of either of the multifamily buildings on the adjacent lots. Both adjacent lots appear to be less than 50% open space and the density of our development will not feel out of place among the neighbors. Prospect Sr Lofts will include a permanent walking path to connect our neighbors to the local school, the permanent codification of a practice many residents already use. The permanent walking path will increase the value of our neighbor, Mount Prospect Greens, and provide a safe, well-maintained path for school children. Nearby business will benefit from an increase in consumers in the area, particularly as seniors are known to shop locally, and the local schools will not come under increase burden because there will be no school age children at the development. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. Based on careful consideration and close collaboration with Village staff, we determined that the full parking ratio of 2 parking space per unit was not necessary for this type of development. We worked closely with staff to evaluate several building configuration options. An exception to the building height requirements allowed us to increase parking, maximize our open space, and create an outdoor recreation area onsite for our residents. In consultation with staff, we decided that these trade-offs made for a better development for residents and the community and had no adverse impact on nearby properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty-eight (48) units per acre for developments incorporating senior housing or assisted living facilities. This project does not exceed 48 units per acre. There are 53 units on 2.09 acres which equates to 25 units per acre. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: The front and rear building setbacks on the perimeter of the development meet the requirement of the R-4 zoning underlying the PUD. The side yard setbacks have been reduced by less than a foot in the parking lot, from 10' to 9.5 feet along the west side and 9.15 feet along the east side Both of the adjacent properties have the same zoning designation and are subject to the same setbacks. With the four-story building, we are able to maximize the properties open space and have included a walking path with age-appropriate exercise equipment and an outdoor gazebo/patio. a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. The front and rear yard building setbacks comply with the underlying zoning designation of the property, which are equal to the setback requirements of the adjacent apartment buildings. The side yard parking setback have been reduced from 10 feet to 9.5 feet along the west lot line and 9.15 feet along the east lot line to facilitate parking lot configuration and emergency services vehicle turn radii. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. All transitional yards and landscapes will comply with the underlying zoning district. A final landscape planning showing detailed planting has been provided. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; All Structures are setback from the perimeter of the lot in a manner consistent with the underlying zoning providing sufficient distance to protect the privacy of the adjacent properties (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. There are no structures located on the perimeter of the of planned unit development. d. The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district. The Open Space that is provided will support the Village goal of providing privacy to adjoining properties. D. Open Space Requirements For Residential Planned Unit Developments The proposed project exceeds the minimum open space required for a Residential PUD. E. Changes In The Planned Unit Development We will follow the appropriate procedures for any changes to the requested PUD F. Schedule of Completion A development schedule has been provided as a separate document. 90 LOCATION MAP SURVEYOR'S NOTES P ARE ET ANP rw'EENN ENOL¢ Nor FEANINFI uFnsua IN. ENTHEss1M(FIR 1c ', 11E 1E 11 Fl 1EEN IL .10.1-11 AN PLAT OF SURVEY LEGAL DESCRIPTION NLP p(F LA 1 FllF 01.6 ONE1ETIE N06..31E,10F�1.L FE�E�O 199"I �L�o( "%FIT OF LOT' P " _ a T-111 11 ao 0 PIN 09-15-400-04. N GRAPHIC SCALE mo 171FN BASIS OF BEARINCS tie a5;` EMAOE`w�,E� EM,1N�,1�6�LI SURVEY PREPARED FOR O o I ✓sAN os' �or mxro[�[ 9JRVEYOR mt sa,E of iwNois � s 1011TY of 1„111, j IT i�o lJNAL No oae oo l r1HY J WUgq. u'EisE Ew 6Es Na�Eue1re 30. zon tiJ y 4 LAP NO 28.0 os, or 1 uvR.uPILo, oa . Toc �v aut 2040 W. ALGONQUIN ROAD a n h a rd.. C01471111,111111111'III, V WM PARTNERS LINE FF LOT 2 J] _ Lux auxv E 9100 CENTER POINTE ORNE, SURE 210 WEST CHESIER, OHIO A5089 �xpL* p E LEGEND Q El INAN 1111 RNA EEERR, I o -I1R> ❑ E.6IItiLAIN ovwLxL ESNL'l�1 El aa s g m - © - FORSE6 m.n „ PART OF LOT 2 e g e - ❑n a a <" a` EDWARD BUSDIVISION N F a. s,RF❑ L� F a=o� Q o 3: PEa oo� s�EmE w P �w� _ Too a 6,1MN61s1A�NEM d o C= o �® awe �a PROPERTY AREA 6 90,966 56 FT a11-2669 ACRES, o PROPERTY ADDRESS N 1111 NFF,RT PROSPECT NILLINOIS 60056 O o I ✓sAN os' �or mxro[�[ 9JRVEYOR mt sa,E of iwNois � s 1011TY of 1„111, j IT i�o lJNAL No oae oo l r1HY J WUgq. u'EisE Ew 6Es Na�Eue1re 30. zon tiJ y 4 LAP NO 28.0 os, or 1 uvR.uPILo, oa . Toc �v aut 2040 W. ALGONQUIN ROAD a n h a rd.. C01471111,111111111'III, V MOUNT PROSPECT, ILLINOIS PLAT OF SURVEY LOCATION AOAP BASED ON NAVD 88 DATUM (GECC18). EIE—ONI DATU-NA—GEOID 18 SITE BENCHMARK 1: CUT CROSS ON THE — SIDE OF CONCRETE LIGHT POIJE BASE APPROXIMATELY 39 FEET NORTH OF THE CENTERUNE OF ALGONQUIN ROAD AND APPROXIMATELY 87 FEET EAST OF THE CENTERUNE OF BROWNSTONE COJRT. ELE-692.24 DATU-N-8-DECH) 18 4.139 DATU-N-8-GEDD 18 REM WORK COMPLETED ON 11/18/2021 TOPOGRAPHIC SURVEY LEGAL DESCRIPTION R 11 EDW& D 28V 0 0 'A 11 -12 LILTOL 1� b OD A" -4 F, ALI Y, .,A C, STE BENCHMARKn2 N 12 111 y w; TR I UTILITY NOTES 1 1, IINIILII N- INI IFF"' 'T" "' DO 111TE1 III III" FILL L FIN 11 A INLY FLY ... -DTA IT" A o,.F NND ETOI".L"I,DFAAAI I �, 1 1IFIFLLONN�FO.H LOCATED D 1I OFIIIL IILD 111111110NI 01 111ILl -1111 ENI HE" N. 'LANI j FIT I ATLAIEI FIll IR LATE FIT 1 1111 IN 11 IN11IR LOCAL III I HALT 11 0 MA_ N. AT FLAT HH _DRFAFUHD UTH .. .. COMPRIE ALL AUCH UTUTES IN FLAT AREA ILHER �H,AE,�DE�,.&ILALATULEF "RIELFE, F"THE, DE, HOT _IAL, TH', � ED U, EI D EI AHQWN ARE IN TFE E-T LOCATIIN N TED ALTHFUAH HEFFAHE D- OE 'y ,IT "y I', LFOATIF F FF. DF,.AION 1IFIF NIE A �D ,ML Es. THE Ill',EILR HAI NIT 111ILLY LFIIFEl THE EIcRol 4, OTHE I FLAN FIBLE 0BAED0ND NFTED ANH/FD IH- HERE0,, HTF I Il�IR IN Ey _FTHENT E N, FLE A, THAT IDEIENIE I, I� I IF A Y AE -GE OR LNE FLILLED U HOERGROUND XPLDRAF DRI ELFIRT TOAETHER TMULT' LIN 1, , E_ DEN HE, T, DE,�,� HE THE FILL EITENT U�DjEl,HOU_��,R�ffE AND FILL' LIN" IFINTAIL IFTE ONE-HALF IYITE. AT I -H IE SURVEYOR'S NOTES 1 0 /41 44, r, D 'TAN I EI AR ' MILK 'o N FEET INO OH -AL IEI IHEIEOF NO ll.ENIFN IHILL 0 IE Al'. ED 'y IIALE El "REDEN, HEREIN N I C=Z Y'EN" -11E IUHLN, DO 40 LE H ` . ..... .... . 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LEGEND ED EAIEHENT ��NE - -ION LINE EX OLE -LK ED 0 D EF =111" E' 'HA' 'NK FEDIE ED -D FENEE - IE FEDIE �O �A'�TRZRA' NLL EN E EI IIEIHEAD . �OD DD. "T IINTOI(R.1, IF AD,_ 0 III N (I) ❑. NHL) DE (1.1) N IE A F IANIIR Y 'ElD'o'T ' FLY FF RE DIFI�A F� . SER F I�R,,IIFLIE LINE 'T I El ILIEET LIDHT El I.LLAID MER U 'K`DU.oDT'ED"N` H'I TF IN El El I'll ELEFLITIN FlI Non, VLAIERNII N ,M, DDlLA o FILL"— 11HIR DE IDE DUTLF IN L', ID 11DEA ILAIT11 FEE 1 0 lMN IA ENT 10 M= IF II-1TAL- -N DETAIL "A" 1. A I 1 1 6q,, LLINFIHI IF LAND O EU,VE YI, EZPlr �l 77 1-111 11/1./22 sHssT OF 1 2040 W. ALGONQUIN ROAD Manhard., ... C01471111,11111,11, ill"Imc MOUNT PROSPECT, ILLINOIS TOPOGRAPHIC SURVEY M dotloopsignature verification: . I I : , Purchase and Sale A14reement This Purchase and Sale Agreement (this "Agreement") is effective as of December 14 , 2021, by MVAH Holding LLC, a Georgia limited liability company, or its successors and assigns (the "Purchaser") and Cirila Emotin, as Trustee of Consolidated Properties Trust (the "Seller"). In consideration of the mutual promises and conditions contained in this Agreement, the parties agree as follows: 1. Definitions. Unless otherwise stated in this Agreement, all of the capitalized words in this Agreement have the meanings set forth in the Exhibit A hereof, or in other provision of this Agreement. 2. Property Description. On the day of Closing (defined below) selected by the Purchaser pursuant to the terms of Section 4.1 below (the "Closing Date") and subject to the performance of all conditions precedent contained in this Agreement, Purchaser agrees to purchase from Seller, and Seller agrees to sell and deliver possession to Purchaser, on the Closing Date, all of Seller's right, title, and interest in and to the Property, free and clear of all Encumbrances, except for the Permitted Encumbrances. If necessary, the exact legal description of the Property, in accordance with Section 5.1, shall be substituted for the legal description of the Property attached hereto as Exhibit B and attached to the Deed. Seller agrees that, if any portion of the total acreage of the Property cannot be used due to the existence of any Encumbrance, the legal description of the Property shall be adjusted, and additional unencumbered acreage added so that Purchaser will be able to use the Property for the Purchaser's Intended Use. 3. Purchase Price; Deposit; Prorations. 3.1. Purchase Price. The purchase price for all of Seller's right, title, and interest in and to the Property (the "Purchase Price") is Nine Hundred Fifty Thousand Dollars ($950,000). 3.2. Deposit. Within five (5) business days after the date of this Agreement, Purchaser shall deliver to Greater Illinois Title Company, 120 North LaSalle Street, Suite 900, Chicago, Illinois 60602, or its affiliate chosen by Purchaser, which shall act as the escrow agent for the Closing (the "Title Company"), an earnest money deposit, in the amount of Sixty Thousand Dollars ($60,000), to be held in an account and in accordance with the terms of this Agreement (the "Deposit"). Interest earned on the Deposit shall be considered part of the Deposit, if any. If Purchaser terminates this Agreement in accordance with this Agreement before that date which is five (5) business days following the date on which Purchaser satisfies the contingency set forth in Section 5.1.9 below, the Deposit shall be immediately returned to Purchaser. However, the Deposit shall become non-refundable five (5) business days following the date on which the contingency set forth in Section 5.1.9 below is satisfied except in the event of a Seller default in which event the Deposit shall be returned to Purchaser. If Purchaser purchases the Property, such Deposit shall be applied by Seller as a credit towards the Purchase Price or returned to Purchaser, as determined by Purchaser. If Purchaser fails to perform its obligations, or otherwise terminates this Agreement in violation of this Agreement, Seller shall be entitled to retain the Deposit and any accrued Extension Fees as its sole and exclusive damages under this Agreement. 3.3. Prorations. The balance of the Purchase Price, after application of any credits or prorations set forth in this Agreement and the application of the Deposit, shall be delivered by Purchaser in accordance with Section 4.3 of this Agreement, by certified or official bank check or wire transfer to the order of the Title Company, subject to the prior delivery in escrow of all instruments of transfer and conveyance in accordance with this Agreement. 4. Closine Date; ClosinLy Deliveries; Costs and Expenses. Purchase and Sale Agreement -2040 W. Algonquin Road, Mount Prospect, Cook County, Illinois 6005 Page 1 of 17 rn doll oDP �Jplflmu It, VCOfIt atioll: i h4, w""N"", , i , , i d", 4,1 aQsiljggqptq, Subject to tile satistbeiion ofall terms and conditions of this Agreement, the closing under this Agreement shall take place as an escrow closing through the offices, of the Title ( I . rall pall Y of) at (face that is within thirty (30) (lays after the expiration orthe Inspection Period,as extended pursuant to this Agreement, as determined by PLINIMSel' in its Sole and absolute discretion, by providing notice to Seller, 4Z Seller 's Deliveries, to TiQo..(QpLQ4.)q!W_, Suibied to file conditions and obligations of this Agyeement, Sellershall make the fiollowing deliveries to the "Title (ornpany of- Purchaser, and perform (lie hallowing acts, at least two (2) clays prior to the Closing Date: 4Z1" � A duly executed special warranty deed, transferring to Plirchaser any and till of' Seller's right, title, and interest in and to the, Property (the "Qqqdll), conveying fee simple, good and marketable title to the Property, free and clear of" any and all fincurabrances, other than (lie Permitted F"11CLU'ribrances applio,ible thereto, and containing any and all release of" dower, coin'tesy and/or other marital rights, if applicable, as required by state law. X4,2 2, Oosing statement ((lie "Closilm, Statement"), prepared by the Tide Company, executed by Seller, confonnirig to the proration and other relevant provisions ol'this Agreement, 423, A cetlificate of Seller certifying the existence of all actioas and approvals needed lot- tile execution and delivery ofthis Agreement all(] the COIASUrnmation ofthe transactions, conwiliplated herein, 4,2.4, A bill of sale, assignment of leaces and such other documents a% are necessary to convey to Purchaser all of Seller's right, title and interest in and to the Property other than the real propetly, including, without. lin'litation, tile '"Farigible Personal Property, Reports, Leases and Licenses, five and clear ofany and all 1"'t1CLUnibrunces, other than the Pffiniftd 1.'JICLI)llbrances applicable thereto. 4.2.5+ Ali affidavit with respect to mechanios' Hens certifying that there are no unpaid bills for services refulered or alaterial furnished to the Property except for those caused by Purchaser, and an agreerrimt indemnifying theTitle Compally and Purchaser against clainis l'or such services or materials except for those calmd by purchaser, 4 16. Any and all other documents and instruments incidental to the transactions contemplated by this Agreement and reasonably reqLICSted by Purchaser, any Goverrunerital Authority, of, Title ('`ornpany, including but not limited to: (a) the standard affAlVit MILlired by the Title Company liar the removal ofthe standard preprinted exceptions fil"oln the title insurance policies; and (b) a C,ellificate of Non -Foreign States Of' 01110r Cvidence satisflactoty to PLO -Chaser and the Title Company confirming that Purchaser is not required to withhold or pay to the internal Revenue Service any part of the "anlount, realized" as Such term is defined in lhe Internal Revenue C,ode of '1996, as amended, and the regulations proolulg !ated pursuant thereto, 4.3 P rehaser's DeliveriesteN it Subject to tile conditions and obligations of this _LqL�Ly Agreement, lkllCh�.WeTshall make, tile fiollowing deliveries to theTide Company or Seller, and pul'orm file l'ollowing act", at least two (2) days prior to the ClIosilig Datc, unless otherwise noted: 4.3,1. Closing Statement, MCLIted by Purchaser, 4.3,2. Purebaser shall deliver the Purchase Price, as adjusted fly this Agreement, to tile Tide Company, on or before the Closing Date. Puw1mv and Sale AgreemeW ._'2040 W Alpompdn Howl, Mollill Pfosix"(1, Cook C"Olmly, Mmois 0005 Ilup 2 (If' 17 rn dW In op �Igoaft I re Ver I kaflury +o , , „n 4.33. A collificate of the mcrnbo,s of' Purchaser certifying copies of, (i) the tbrination documents of' Purchoser; (n) all requisite resolutions or actions of Purchaser approving the execution and delivery ofthis Agreement and the consurnination of the transactions conteniplated herein, and (iii) the signature of caell authorized representative ofAltirchaser. 43A� All other documents and instrurnents incidental to the transactions conteniplaled by this Agreetilent and reasonably requested by Seller car Title C'oiupainy, 4.4, ('casts and liwenses, Seller shall pay for the following experises relative to this transaction: (i) its own attorneys' fees; and (ii) all costs and expenses of' transferring the (iced of conveyance no( paid by Purchaser, Purchaser shall pay for the following expenses relative to this transaction: (i) tile Title Company's closing eirid escrow fire; (ii) its own financing expenses, if any, (in) its owl] attorneys' fees; (iv) all of the premium cost of an owner's policy of, title insurance arid endorsemejus; (v) costs and expense of the Survey; (vi) the cost of recording the deed; and (vii) tile transfer starrip fee required to be paid to Mount prospect, U. 5. Inspection Period: Seller's )eUverable, --,v Seller's P4 St 5„ 1. Purchaser, nt Purchaser's sole cost and expense, shall have until 5 p.m. f,'.ST on July 1, 2022, or such Oth(fl- (late as fulltUOIly agreed upon by Seller and Purchaser (the j�grLmj'% in which to conduct its due diligence review of' the Property, testing, investigations and inspections, ofthe physical aspects of the Property, and otherwise to determine the desirability and utility of the Property for Purchaser's intended use, as determined by Purchaser, in Purchaser's sole arid absolute discretion, including but not limited to the following: 5. 1. 1 .ZoILL k1.gj.,L1Ld tLeLfji t. wr hall I have coilf irmed that the Property is, zoned to LS, Purcha. Permit the construction Of raulti-Fanlily residential housing units (,the "Purchasers Intended Use"), If the Property must be rezoned liar Purchaser's Intended Use, Seller agrees to cm,)perate with Purchaser in tile rezoning process, purchaser, at its cost and extwrise, shall have obtained, upon terms and conditions satisfactory to purchaser, all nccessr,Iry permits, licenses, variances and approvals (collectively, the "Permits") pertaining to Ore building, occupancy, signs, utilities, curb CLAS, driveways (including ingress and egress to and horn, J)Uhfic thoroughfares), zc'ming, use, elivironrocillal controls, and any other perilOts which, in the sole judgment of' Purchaser, are necessary for Purchaser's Intended Use, Seller agrees to execute any applications or other documents and make Well Other appearances as reasotud,)ly requested by Purchaser in order to obtain the Permits. 5,1.x, U(ilftjes, Purchaser shall have confirtned that all utilities, including telephone, storm sewer, sanitary sewer, water, has arld electric (collectively, the "Utilities") have been adequately extended within satishictory easements or rights-of-way to a location on the of the property at, which Purchaser can tap into and receive service without the iinposition of tap -in charges to flurchaser other than tap -in charges, which are customarily nand nornially charged in the locality in which the Property is located. Such Utilitic;s shall lie available in as size and j.)ressurc appropriate For Purchaser's Intended Use. Sellershalt grant, oar cause to beg ranted to Purchaser call necessary utility 5, 13 , Faseirients, Purchaser shalt have obtained at or prior to ("losing all other easements or livens os dcorned necessary by Purchaser up(ni terra,, and conditions acceptable to Purchaser. Seller agrees to reasonably cooperate with Purchaser in obtaining any such casoments or licenses, 5,1,4, �Y Stir e . Purchaser nmy obtain, at a t Purchaser's sole cost, cortifie(I survey, . Y . bearing a lega.1 description, made by a licensed surveyor, showing the area, dimensions and location or the Purchasc and Sale Agwement — 2040 W, Alronqum Road, terra, mil iltcispecl, C'mm(v, Illinois 6005 Pago 3 of'17 Property to [lie nearest 1110numents, streets, alleys or property, die location of all improvements, utilities and encroachments, the location of all proposed and recorded easements against or appottenant to the Property, and not disclosing any condition rendering the Property Unusable, in Purchaser's, sole judgment, for the intended purpose of Nrrchusen'. The Property shrfll not be located in a flood plain and the survey shall confirm that tyre Property totals approximately 2,22 acres five of any casements or restrielions related to wellands, or waterways Under theJUriSdiCtiOn Of the Army Corp. ofFnginecr.%,, the State where the Property is located or any other governmental entity or agency. 5. 1.5, Soil Tests. Purchaser shall obtain, at Purchaser's cost and expense, borings, Percolation tests, toxic 01° hazardous substance tests and other tests (collectively, the "Soil "Tests") showitig that tile 'Property is smisfactory, in Purchaser's solejUdt',111CM, for building foundations and the construction, Operation arld financing of the improventents which Purchaser rilay wish to make. Seller hereby grants to Purchaser, its agents or contractors, the right to enter upon the Property to niake the Soil Tests and surveys; provided, however, that the tests and survey shall be conducted so as not to darnage Seller's propet,t)" 5,1A 'I"itle Insurance. Purchaser shall have obtained a satisfactory Title Clon)(nitillent it) accordance with `sectio 6,1 of this Agreement. -.-M -1-1. 5,13. F"nvironmental Phase I and R , ate L.Tcsfin , Purchaser, at Porchawr's cost and expense, shall have obtained a current satisfiactory all appropi-rate inquiries Phase I 11,�.'nvironmental Audit of the Property and any other, environmental testing which Purchaser deems reasonably necessary to evaluate potential environmental risks related to the Property, 5.1.8. Finaucial Veasibility, Purchaser must, have determined, in its sole and ab.,"olute discretion, that the purchase and developt-nent of the Property for Purchaser's biLended Use is financially feasible. 5.1„ 9, R��qifjt Allocation. 'I"he Property shall have received an allocation of -, --- Section 42 Low Income blousing Tax Credits and/or Historic Tax Credits, it' applicable, firom the appropriate agency in an arnount deemed sufficient by Purchaser, in its sole discretion. 5.1,1 t1. F I i n , a " i Lq� , Purchaser shall have obtained a binding counrititnterd for debt, and equity financing in amounts and on terms satisfactory to Purchaser in its sole and absolnic discretion to use the Property in accordance with 'Purchaser's Intended Use, '['his commitritent shall be obtained by Purchaser oil or before Ai,igust 31, 2021 In the event t1lat as orAugust 31, 2022, Purchaser has not (i) terminated this Agreement, (ii) prxlvidecl as financing commitment, m- (iii') asked for~ an extension buyorld ALIgU41, v31, 2022 for this contingency, their this Agreement will be terminated and Seller will retain the Deposit as liquidated damages. 5. 1 . I I . Intentionally Onlitted, 5, 1 J 2, Torruinatiqn, If Purchaser determiocs in its sole and absolute diseretion that, the Property is not acceptable, Purchaser shall have the right l'or any reason or no reason either to: (a) terminate this Agreement by written notice to Seller on or before expiration ofthe Inspection Period, or any extensions:; thereof as mutually agreed upon, by Seller and Purchaser and the Tille Company shall immediately return the Deposit and any F"xtension Fee paid prior to termination to Purchaser and neither party shall have any further rights or obligations to the other under this Agrecinerit, subJect to the conditions set fim-th it) Section 3,2 and "ar ctrtara.5,, Z; or (b) woive tire requirements andlor "rutin encles regarding such due diligence review and proceed with tilis Agreement. Purchasu! and Sale Agrmiwiil 20,R) W, Algonquin Road, Moum hospod, CmA Cminly, 01inom 600'51 Page 4 or 17 dutkmp 08m) wre Val O."atioly 'fl I,, —+,/W,,, f, , I , r, , 52, El' x tell S ion period. Purchaser shall have the option to extend the Inspection Period for three (3) periods of" ninety (90) days, each provide([ Purchaser delivers to Seller a written notice of its exercise. of the extension ofthe Inspection Period Prior to tile expiration of the Inspection Period, as extended, and deposits with the Title Insurance Company an extension Cee in the aniount, of'Forty-Five Thousand Dollars (V15,000) for each extension (each, an "UIxtension which Extension Fee(s) Shall becorne non-rofundable but credited agailist the purchase I Irice art. Closing except ill the evelit Oki Seller default in which event the 1'�Axtension F'ee(s) shall be refunded toi Purchaser, or as Provided in Section 6.1 and Section—I 2, in which event the I'Atension f`ce(s) shall be refunded to Purchaser. 53. As a material illdLlCelnellt to Purchaser's execution hereof; Purchaser and Seller agree that it would be impracticable and extremely difliollt to fix actual damages in case OfTUrchaser's defiank. Seller ag)-ccs that the arnount, of the Deposit and Orly U"Mension Fee paid prior to deflault or flurchascr's notice to Seller of its itilent to cletbult is a reasonable estimate of such damages, and that Seller Shall main the Deposit and any paid F'xtensjon Fee as liquidated damages, and its sole remedy against Purchaser, l"urth erni ore, Seller agrees that the amount of the Deposit and any paid latensionVee is a sufficient retnedy for such Purchaser default, Seller shall no longer have any cause of action or claim agaitist Purchaser ill law, or in equity, including specific performance, nod Purchaser shall be fully released frorn any action OfSCIICr arkillA cot OfTurchaser's alleged breach of this Agreement, The parties further agree t1nit tile Deposit and arty paid 1'Xtension F"ce is at reasonable sum considering all of the circonistanm of' (lie transactions contemplated by this Agreement - k &t!er' " s -el D ' iv ' ea r " bl ' q ' s� Within seven (7) (lays after [lie date of this Agreement, Seller agrees to provide Purchaser with copies of any and all environmental reports, wetlands permits, geotechnical reports, concurrency doicurnents, Plans and Spec, i fiew ions, plans, bids, covenants, COOShIlCti011 contracts, aerial Photographs, development agreements, warranties, leases and rent, roll, topos, correspondence, utility locations and capacity documents, traffic studies, surveys, 00e work Corl'unitments, 01' policies, surveys, soil tests or other inspection reports regarding the property which are in Seller's possession and any and all repolls, or infiortnation, in Seller's possession affecting the Property, Upon request by Purchaser, Seller shall within throe" (3) business days, shall deliver to Purchaser copies (,if anv and, al I other due diliecrice items rocuiested by Port.Jinsor. 6, Title Col"Illitillent; survev. h.l. "Fitic Corninitmoit. Prior to thirty ('10) days before the expiration of"the Inspection period as Same may be extended, Purchaser may cause to be flurrushed tc> Purchaser, at flurchaser's costs and expense, a title, insurance report and conitifitment for oil ALI'A wner's Title Insurance Policy in a coverage amount equal to the amount of the Purchase Price, from the 'Title Cornpany (the "Title Commitment"), ill which thea Title Cm ompany comits thitt upon delivery and recordation of the Deed'a'od-, other documents provided for in this Agreement, the "fitle Company will issue, at its usual rate, all At,TA Owner's Title Insurance Policy, insuring access to tha Property an(] such other endorsements as Purchaser may request (the "Tide tLoLipf'), J'itle to ale Property shall be good and marketable io ("ee simple in the name of Seller, as determined in accorclaace with the standards of the state bar association where 1,110 property is located and free and clear of all. Encumbrances other dMI) PCIluitIC(I f"I"11CUIT'Ibrarices. If 'ritic commitment or the exceptions show that title is (trimarketahle, then Purchaser shall notilY Seller of Ptirchaser's objections Prior to (lie expiration of" the Inspection Period. Seller sl all undertake, with (file diligence, to have the defects identified by Purchaser eliminated. 11' Seller is unable or tinwilling to efirninate defects identified by Purchaser within fifteen (1 5) (lays, Seller shall riotify Purchaser in writing, and Purchaser Shall have the option, within fifteen ('15) (lays of the written notice by Seller, to be exercised in Purchaser's sole discretion, to: (i) proceed with Closing ofthis transaction Sub ' ject to, such title defects, or (ii) terminate this Agreement, in which event the'Tille (..ompany shall NtUrfl to Purchaser the Dellosit and any F`xtension F`ee(s). Notwithstanding tile torquing, Purchaser have tile right to Pilwhim and Sale, Arm omit - 2040 W, Algonqtain Road, Mount Prospeo, Cook Cm , inty,111ilmis6005 Page 5 of 17 00 0) object, to any new title exceptions which are identified between the dale of the Title Corruninnent, and the Closing Date. 0, 2, 5a yqy, Prior to thirty (30) days before, the expiration of the Inspection period as same maty he extended, Purchaser roily cause to be, defivered to Purchaser, a survey of' tile Propeny, at Purchaser's cost and (xpense (the "S In,_qy"), 7, fie presentations by Seller, As of the (late ofthis Agreement and as ofthe (.'.losing fate; 7.f. 'ride tea 1,rrolett, sellerI epresents that (Seller has good, triarketable and inn efeasiI ) 10 1'L e simple title to the Property, Free and clear of all Flncu ill brances of' any nature except Permitted F'ric lint bra I ices � The PrOpUty C0118041tes all of the Property riecossary and sufficient, to conduct the operations of' tile f1roperty in accordance with Seller's past practices, Oil (lie (",losing Date the Property Shall be LIVIOCCUpied and free of tarry lease or other right of possession or claim of right of possession by any person or entity other than Purchaser. No casements or olher encornbronces affect the property NVI'lich would, interfere, prevent or fiRIStrate the use of` the Property for Purchaser's hiteirded Use. 7.2, trthorrt and Seller represents that it has all requj..ii(C power told authority to carry on its busitless wit is presently being conducted, Seller represents that Seller has obtained or will obtain all necessary approvals to air(horize the transaction and consurnainte the transt'er of' the Property as fieraill Contemplated, 7.3 . 1, .ItLbLcckj! Ufflty,. Seller rePresents that. this Agreement has been duly authrarized and approved by Seller, has, been duly and validly executed and delivered by Sulter and is a valid and logally binding agreement of'Seller" enf'orceable against Seller in aecordance with its tot -ins, excopl: to the extent that such enkircernent may be Bruited by bankruptcy, insolvency, reorganivAtion, moratorium car other Inws relative to or affecting the rights and remedies of creditors generally and by general principles of eqUity (regardless of whether in equity or at law). The execution and delivery of' this, Agreerticrit fi,ave been duly authorized and validly executed all(] delivered by Seller, and Nvill not: (i) constitute Or result in the breach of or deratill, under any oral or written agrernent to which Seller is a party or which a%`(bcts the Property; (ii) constitute or result in a violation elf any Order, decree or injunction with respect to which SCI lei' and/car the PMj)Crty is bOUnd; (iii) cause or entitle ally party to havea right to accelerate or declare as default under any oral or written agreerriont to which Seller is as party or which affects flie Property; and or (iv) violate any provision Of ally In Litt icipal, state or federal law, statutrit,y or otherwise, to which Seller or the Pr(itlerty, unny be subject. 7.4 Art Ls 1'eL, Laws, Seller represents that on tile Closing Date, Seller will transfer the, Property and possession of" the Property to Purclviser. Seller represents to her knowledge that tile Property is it) good standing aind at compliance with all applicable cover, arlts.,, conditioris, restrictions, easements, laws, regulations, rules affecting the Property and for which the Property is subJect. Seller represents that neither Seller nor the Property has received any notice of` and there exist no known proceedings or investigations by any (3overlitnental Authority against, or affiecting Ille Property. Ts, C o III i It q ed C' 01nilLg"In The continued compliance with all lepal requirejrienfs relating to the Property is not dependent oil facilities located at riny other property„ and compliance by any other property with any legal requirernei its applicable (o tile other property is not dependent oil the Property. 7.6 Other than Seller's lawn rilaintenance contract that. will Ile terntinaled at Closiag, scllcr,r represents that other than this Agreement, there are no outstanding options, contracts, P(jtchwo kind sule Agrewiwjit -, M40 W. Algonqki�n Road, Mount Prospect, Cook County, Minois ('00.9 Valy 6 o r 7 rn dotkv)p SIP'"Mureveft if I(Mlon! I Ip ,, — I - (,fli coninlitments, w arrall ties, pledges, agreements or Other rights orf any character entitlirq, any Pemon to acquire arl,Y Or all of' the Property, Further, all service and aiaintenance contracts with respect to the Property will, unless Purchase], notifies Seller in writing duraig the Inspection Period that Purchaser intends to assume the same, be terminated by Seller, at Seller's cost, at ("losing, 73. L"iti mflon, There is ric) pending or threatened litigmion, arbitration, administrative action or examination, claim, or demand whatsoever relating to the Property. No attachments, execution proccedings, liens, assignments or insolvency proceedings are pending or threatened against ScIler of- the Properly or Contemphired by Seller, Seller is not contemt)lati rig the institution of insolvency proceedings, 7.8, Eminent Domain, Seller has no knowledge of any ponding or contemplated crilirlent domain, condemnation, or other governmental or quasi -governmental taking of any part, or all of the Property, including, but not limited to, any action than would compromise access to the Properly due to changes in public roads or irlipact the availability of utilities to the Property, Seller has no knowledge of' any pending moratorium or other action which would impact construction oil the Property, T9. Assessments/Tax A cals, Seller has not been notified of any possible rutore improvements by ally public "KIthority, any part of the cost of which might he assessed against any part of the Property. Seller has not appealed the elorrent tax valuation of tile Property and has no knowledge of any existing or potential changes in the tax value ofthu Property, T 10, l"tiviromilental, To the best of Sellers knowledge, Seller: (i) has not used the Property for the storage, Ircatmerit, generation, production or disposal of arry toxic or hazardOLIS waste, inaterial or substance nor does Seller have knowledge of such use by others; (H) has not caused or permitted arld has no knowledge of the release of any toxic or hazalAOUS Waste, Material or substance oil or off site of" the Property; (iii) has not received early notice frorn ally governmental authority or other agency concerning the removal of any toxic or hazardous waste, material or substance from lhe Property; and (N) has disclosed to Purchaser dic location ofall, underground storage tanks on (lie Property, if tiny. No evelit has occurred with respect to the Property which would constitute a violation ofany applicable environmental law, ordinance or regulation. 7.11. ZoninmThe Property is zoned RX. S. Representations by Purchaser. As of (lie date, ofthis Agreement and as ofthe Closing Date Purchaser represents that it is a (loorgia lirnited liability company, duly organized, validly existirig, and in good standing under the, laws ofthe Sime of' Cjeorg!ia, and has all requisite power and authority to carry out the tram sactioms conternplated by this Agreement and hus obtained all necessary approvals to authorize the transaction an(] consummate the transfer ofthe Property as herein contetriplated. 8.2 E`mfbrcea)ilL. This Agreement has been duly al,11110rized and approved by Purchaser, has [wen duly and Validly executed arid delivered by POI-ChaNOr and is a valid and legally binding agreement of Purchaser, ent'orceable against Purchaser in accordance with its MITTS, eNCOpt to tile extent that such enforcement niny he limited by bankruptcy, insolvency, reorganization, moratorimn or other laws rekitive to or allbefing the rights and remedies of creditor.,; generally and by general principles of equity (regardless of" Nyliether in e(ILlity or at law). 83, No (.11onfliet. ThO MCLItion, delivery and perlormance of this Agreement by Purchaser will not breach myy statute or regulation of any (.3overnmental AnthOri0l, Mid Will not MOO With Or Ptirchast! ond Sole Agrcemeni, 20,H) W Algonquin Road, Mount lIrmpcet, Cook County, Illinois 6005 Page 7 or 17 &MUOPSIgIlawre Vol Mcadmi; H[' r u..r I H I result in as breach of or del"ault Under arty of the terms, conditions or provisions of' any order, writ, injunction, decree, agreen'lent Or instrunleril to which Purchaser is a party, 9. C.'rivenants of Seller, Prior to the termination of' this Agreement or the Closing Date, Seller coveriants and agrees that: 9A, Fxeept under the terms and conditions of Section 33 of' this Agreement, Scher sfirfll riot, enter into any con(ract or app -cement, for the sale, lem, trrinsfer, mortgage, enserneirt, livii, encumbrance, hypo(heeatc, pledge, enctimber or assign any of the Properly or Seller's interest iti the Property Or the interest in Seller, 9.2, Seller shall promptly notify I'Llrehaser of any event, condition or circumstance occurring ftorn the (late fiereofto the Closing Date that would COIlStitUte a violation or breacJi rat" dais Agreemorit by seller, 9.3, Seller may, solely in connection with and as as necessary step in permitting tire contemplated transaetion to qualif� as tan Internal Revenue Code Section 1031, Like -Kind Exchange, restructure the manner ill which the Property is held, prgvi(Led, Liqyever such restructuring shall riot OCCUr Without, the pIirillr Written approval of Purchaser. 9A F"Ncelit under the terms and conditions ol'Section 33 of" this Agreement, Sellcr shall not enter, into any Contracts of, other Q011unitillents regarding the Property, either with any Governmental Authority (including, but not limited to, zoning changes, site plan approvals, density shifts, or platting or replatting) or with any private person or party, without having first obtained the prior written consent of Purchaser thereto in each instance, kit. Indemnification. F`,ach paily to (fit,,, Agreernent shall indernnily and hold harmless and shall reirriburse the other party to this Agreement. and its respective officers, members, agents, and employees, rot" any loss, liability, Chinn, (laoldgC, OXjWuSO (including but riot limited to, costs of' investigation and defense and attorroys' rees), whether or not involving as third party claii.ii, arising fivin or in Connection with: (a) any material inaccuracy in any ofthe represeritati oils and, warrarilies irt this Agreement; or (b) any fitilure to 1,xi-form or contply with any Agreement to be perf'orined or corn[flied with by it in this Agreement, 11. Rentedim 113. tf Seller should fail to perforin in accordance with this Agreement, or otherwise breach ,)try of tire, terms, Covenants, agreements, representations or warranties contained in this Agreernont,ifien: (i) Purchaser relay tertninate this Agreemont and upon suoh termination, the parties hereto shall be released front any and all obligations arising hereunder or is a result OftfiOiV COUI-SC of dealings and the Deposit and any 11^1'xtension J`ec(s) shall be immediately d0iVO-W to P1,11-011clscr; (ii) Seller agrees to reimburse Purchaser for all aclual expenses and costs of PUrchaser in connection with its due diligence regarding this Agreement and the Purchase of the Property; and (iii) PUrchaser may PUBLIe any and all remedies available to Purchaser raider law or cqudy, including the right. of specific performance rat` the obligations ol'Seller hereunder, To the extent that Purchaser files a lawsuit to enforce its reiriedios under this Agreement, Seller shall have the right to countersue to enforce its remedies under this Agrcernrmt. 112. 11' Purchaser should Bail to perform irl accordance with this Agreernurril, or otherwise breach arvy of the terms, covenants or agreements contained in this Agreernent, then Seller may terminate this Agreement and upon such termination, the parties hereto shall Ile released fi,orn arry and all obligpdons arising hercurider or as a remelt of' their Course of dealings and the Deposit and zany F,xtension 204OW Air pnqkin Road, NINAM PrOSIXXI, C,00k COMAY, lihilOiN 6005 Pagm 8 of t°7 T- docloo p sign a (i ire vet I Arjwonoi, , , r,, , , , , , r, I"ce paid prior to bre,,rch shall Ire immediately delivered to SC110r, SUCh SUM being RglVed Upon as 01C, Sole (hinrages rol, the fililure of Purchaser. to perform the duties, liabilities and obligations imposed oil it by the terms and provisions of this Agreement. Seller agrees to accept and take the Deposit and paid Fxteiisjon Fcc; as its total damages and relief as Seller's sole remedy hereunder, 12. Condempation )cstructioll. If; prior to the CAosing Date, all or airy significant pollion of' the Property is taken by eminent domain ('or is the subject, (,& a pending or contemplated taking which has riot been consunrinated) or if"a material par( oftbe Property, including airy rneans of ingress thcre((,a or. egress therefrom is damaged or destroyed by fire or other casualty prior to the Closing Date, Seller shall notify florchaser cif` that fiact, and Purchaser shall have the option to tet-minilte this Agreement upon notiev to Seller and not later than tell (10) days after receipt of Seller's notice; in which case, all obligations', of Seller and Purchaser hereunder will be extinguished and the Deposit and arly Exteitsion Fec(s) shall be inirnediately delivered to Purchaser. 13. Assicolmelit. Purchaser may assityr its interest or ri� ,!,hts or obligations in this Agreement to an affiliated entity of'Purchaser, without the consent of'seller. Purchaser must Obtain the consent car Seller to assign Purchaser's interest or rights or obligations in this Agreement to any individual or entity which is riot an affiliated entity Of PUrChaSCr. 14. Notices, Dither party tritty change its address by notice to the other party, Any notice provided or permitted to be given under this Agreement ITILIst be in writing and may be served: (i) by depositing the same it) the United States mail or with a reputable nationwide delivery serviGe, addressed to the party to be notified, postage prepaid, and overnight, registered or certified with return receipt recluested; or (ii) by delivering by a national COUrier servicc. 'Notice given in accordance with (i) above shall be effective three (3) days after mailed. Notice given in. accordance with (ii) above shall be effective upon delivery by the national COUti0rat (lie ackkess ofthe addressee. Notwithstanding the foregoing, notice pursuant to Section 5. 1, 12 may be provided to Seller an(] its representative via ernail, For purposes of'notice, the addresses of the parties shall be as fbllows; Seller: Cirila Ernotin, as Traslee ofConso[idated Prorwrties Trust 201 E'verglade Drive, Madison, Wisconsin 53717 Attention: "felephone: El, or a i 1: with a Copy to. Varrell, Tracy & Iarrell 10610 S. Cicero Averate Oak Lawn, Illinois 60453 Attention: John N. Farrell "Telephone; 79U499.0998 I; raaaailatrlarartfmm;taacll met flit rchaser. N4VAll Holding LLC, 9100 Centre Pointe Drive, Suite 210 West, CArester, 01-145069 Attention: Brian Mc(jeady Telepholle: (513) 964-1141 f"Inail: Ptachme and Shie Agrooment -- 2040 W, A 1pmjout Road, Mouit I Prospeci, Cuok Coum ty, Omois 6005 Pagc Q or P CN CD T_ d0floop %oppature veil Rwtkxy "I p ie ,'wlw "", , w il h a copy to: Strauss Troy Co., LPA 50 F, KiNoercenter Blvd, `~finite 1400 Covington, Kentucky 41 W I Attention: Pete A, Smith, Esq, Telephone: (513) 768-97311 Enrail: jm g_Lqjj!1,6 15, Entire Aellventent and Amendments, This Agreement, together with the schedules and exhibits hereto, each of which is deemed ter be a part hereof", contains the entire understanding between the parties hereto concerning the subject matter hereof" and it is understood and agreed that all negotiatioris and apreements heretotlore had bOween the par -tics, am nrerged herein. 16. Amendment, Waiveir. This Agreement may be amended, mordiFied Or SUl.)[)IO11lCntCd only by all agreement in wriGog signed by all parties hereto, 'file pat -ties agree that there are no oral agreeirrents, understandings, representations Or Warranties that are not expressly set forth hercirl. Neither tire failure nor any delay on the part of any party hereto in exereising inly right, power or remedy hereunder shall operate as a waiver thereof, or of any other right, power or renredy; nor shall any single or partial exercise ofany right, power or remedy preclude any further or other exercise thereof, or the oxercise of" any right, power or remedy, 1"'Neept as expressly provided herein, no waiver of any of tire provisions of this Agreement shalt be Nialid unless it is in writing arid signed by file party against whon) it is sought to be enforced. 17. Successors J'he agreements and representations here in shall inure to the benefit of and shall be binding 1.11)(VI the heirs, executors, mfill in istrators, successors, and assigns of the respeetive Parties, 18. Tillic of Essence, Time is of tile essence (if till provisions ofthig Agreement" 19. G'overning Law. 1"his Agreement shall be governed by and construed in accordance with the laws of the State where the property is located, without regard to conflicts of laws principles ofthat state, to the event of the bringing of any oction or suit by dither party against the other arising out of this Agreement, the party in whose flavor Final judgment shall be entered shall bo entitled to recover Mono the other parly all costs and expenses olf'suit, including reasonable attorney'sficos, 20. Collutermlirts.• niesimae, 'nis Agreement may be excouted ill any number ofcorarterparts, each of' which When so executed and delivered, shall constitute ,in original, bolt all of which together shall COVISOUte bill: OTIO illSh-01rienC "bit natures transmitted by fiacasimile shall have tire same effect as original signature's, 21. SeyerqlwilitN,. This Agreement is intended to be performed ill accordance with, and only to the extent permitted by, all applimiblo laws, ordinances, rules and regulations, If' any provision of this Ag ,reement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenrorceahle, but the extent of such invalidity 01' 1,1110111'61Wibility does not destroy the basis of the bargain aniong the parties as expressed herein, the rernaincler of teras Agreement and the ,q)plieation Of'SUCh j)rOViSiOT) to other pusons or e irCLII 11 star ices shall not be affecled thereby, but rather shaft be enforced to the greatest extern permitted by law. 22. Ca ,tions and flea die 'I'lle captions and headings of this Agreement are for converdence, of reference only and shall not define or limit any of the terms or provisions hercof Purelmse oud Sale Appeciroit'- 2040W Algonquin Road, Mouno hosisecr, Cook Counly, 1Mncds6005 flitge 10 err 17 dotloop 'Oppal lit o voofloalOW , J Nf, �, Q,'wl �0�' 23. 'Multiple Sellers. If two or mm-8 ore I011S COnStitUte this trees ent, each as a seller, the Nvord "Seller" shall be construed as Wit. reads "Sellers" thrt!a.ighout this Agreenienl. 24. ASeeptalikee, lir the event Ons AgreTment is not signed sitnultaneously by Purchaser and Seller, it shall be considered to be an offor niade by the party firm, executing it, 25. lister jlrefittiollo This Agreement has undergone drafts, with the negotiated suggestions of all parties and therefore Ito presumption shall arise favoring any parly by virtue of the authorship of this Agreement, or any of its provisions. "I'he parties hereto have been advised by their respective legal coullsel regarding, the firm and substance ol'the provisions contained herein. The Use 01' the word "including" in this Agreement Ineans including, without limitation, the items following,. All of the representations, warranties and Qovenants niadc in this Agreement, shall survive the C"losing, 26. Date of Perf'ormanev. If the date IM PC6011MVICO 01' any 80 Linder this Agreement falls oil at Saturday, Sunday or federal holiday, the (late for such Perf'O rill' ,it Ice SIIIMI VtUtOolatiCffly be extended to the first succeeding business day that is not a Saturday, Sunday or- federal holiday. 27, P 1-C-C340sin L" Marhetilm. Seller acknowledges that Purchaser will be applying fear an award of' Section 712 I,OW 111COMC IIOUqit1gT0X Credits, Senior hidejvndeil l,iving Tax Credits and/or flistoricTax Credits (the "Credits") to assist Purchaser in its purchase and/or operation ol'the Property, At such litne as Purchaser may be awarded such Credits, Seller agrees that Purchaser may begin to prornote and market the Prol.)erty by reasonable means that, do not unduly interfere with the Seller's operation or ownership of tile Property, including the placement of signage upon the Property slid the open imarketing of the Pr011Orty 1501' Purchaser's Intended [Jm 28, 'AppiortiorimeU0. Adjustments to the Purchase Prico paid hereunder shall be inade between Seller and Purchaser and shall be prorated as applicable 131)011 the Closing Date, For purposes of all prorations provided For herein, Seller shall be responsible l7or all days prior to the ("losing Date and Purchaser shall be responsible lbr the ("losing Date and all (lays on or after the Closing Date. All prorations shall be made on a 305-6), calendar year basis and the actual nurnber ofdays in the month of the Closing Date. 28,1 . All income and expense, including hart not limited to applicable prepaid expenses, renis, cash arijusttocnts, and acerLIC(I liabilities, attributable to the ownership of" the Property, mewmrM and prorated between Seller and Purchaser on art acunal basis until the (",losing Date will be fest the account. of the Seller and on or alter the (.'losing Date are for the account of the Purchaser, 282. Seller shall pay or credit against the Purchase Price all unpaid real estate taxes, including poialties and interest, tier all tax years preceding the C"'losing Date, and shall credit a portion of stich Wxes for the fim year it) which the (,'losing is held, prontted through the Closing Date. The proration cif" such taxes sliall be based on as 365 -day year and on the tnost recently available rate and valurttion and the amount so computed and adJusted shall be finaL Seller shall pay any special assesments which: (it) 'are a lien oil the Prolwily ('in tire (,'losing Date, Micilier sueb assessments are past due, then due or thercaller to become due; or (b) are nest alien bU( are )lCo known and will be payable in whole or in part, after the Closing Date, 283, Seller is responsible fur the paynient, of any and all agricultural tax recoupment charges and/or deferred real estate taxes for the Property, 29, Brokers. I.,"xcept for Michael Galvan, (,,oldwclI Banker Realty ((ke "S'ellq�s ljU(1Lqf) and Wyllys Knin, MVAl I Development Uk", (the_.the parties acknowledge that Tice real estate . _J3�L �' I lage I I asap" 17 dathop Mgmstoce Verika"on: Mn ,, '"'I' aVtJ I I t":,! W, agent, broker or company has been used in this transaction by either party all(I no parry has taken any actions NOtich would give rise to a clahri f<jr ally CollialiSSi011, Purchaser and Seller each covenant and agree to deferid, indminify and save the other harniless froll, all), actions,, damages, fees, rail estate commis-sions, costs and/or expenses (including reasonable attorneys, fees) resulting from or claimed to be due oil acconnt of tile purchase and sale of' the Property due to the acts of the other party, except for claims arising firom tile Seller's Broker or the purchaser's Broker. These reciprocni indemnities shall include the costs of discharginp ,, ally ]tell and the, cost of defending any litigation, including reasonable, attorney's faes (tile pally to be indemnified shall have tile right to choose its owro counsel), 30. Overatiolls Pendingr CIO.Sill . Seller, at its experise, shall arse reasonable efforts to maintain the Property until the ("losing or Sooner termination of this Agreement, substantially in its present condition and I)UrSLlAllt to Seller's normal course of' bUSineSs (sneft as inaintertance obligations but 110t inClUding extraordinary capital CXpOldifUres or expenditUrC8 not incurred it) such normal COUNC of' business), subject to ordinary wear and teat', damage by fire or other Casualty and condemnation, 31, EnMiromlientall Review. Notwithstanding nny other provision of this Agreement, Purchaser shall have no obligation to Purchase tile Property, and no transfer of title to the purchaser may Occur, unless rand until Illinois Musing Dovelopment Anthority, has provided purchaser and/or Seller with a written notification that: 1, 11, has eompleted a federally required environmental review Hill] its request for release of federal funds has been approved and, sub ' ject to any offlor contingcricies in this Agreernent, a) 'The purchase may procced, or b) The purchase may proceed only ifecilain conditions to address issues in the environmentat review shall be safisfied beAlre or after tile purchase ofthe ProPerlY; or 2, It has determill6l that tile purchase is exempt frorn federal crivironniental review and as roquest for release of Funds is not required, Illinois Housing Development Authority shall use its best Cf"J"j)IIS to COnOlUcle the environmental review of the property expeditiously, Notwithstanding the foregoing, nothing in this, Paragraph 32 shall modify Seller's right, to payment of tile Deposit and Extension I"cesas set forth in Paragraphs 3.2 and ,5. herein, 32, Voluntary Acavisitioll. Purcliascr is interested in acquiring property for a proposed project, Which may receive funding -assistatice From the U& Department of Housing Alld Urban Development (IJUD), Purchaser does not, have authority to acquire property by eminent domain, fit tile events purchaser and Seller Cannot reach all 'arnicable agreement Im the purchase of' property, Purchaser will not pursue this Proposed acquisition. purchaser believes that the Purchase Price set forth in Section U represents tyre current market 'value of' Propel-ty, )it accordance with the Unif'orm Relocation Assistance and Real Property Acquisition [Iolicies Act (URA), OWuer-0CCUpants will') move as a result of 8 voluntary acquisition are not eligible for relocation assistance, Teriant-occupants dispkaced as a result ofa voluntary istarlee and must be so into of tier 49 ) CT'R aCqUiSitkin may be entitled to URA relocatioll ass rine I 24,2(a)(15)(iv) — Initiations of negotiations, and 49 Cl"R, 24 Appendix A - 24,2(a)(15)(iv). Nrltwith,standing [he Foregoing, nothing in this Paragraph 32 shall modify Seller's right, to payrrient of the Deposit in(] [,,Xtellsiotl Fees as set forth its paragraphs 32 and 5,2 herein. 33. 1 have the right to continue to market I'lic Pro Seller's, right to continue marketing tile Iermination Date"), After the Marketing Tell trkct the Property fim, sale. Notwithstanding the loregoing, at any time during this Agrectrient, Seller is entitled to accept blickoll offers on tile VrolNrty. Any accepted backup offer shall be fully contingent on 10"MirlatiOn Of (his Agreement, and the Backup purchaser shall not have any con tradn ,,,I rjgIjt,> with respect to the property Pmchasc mid Sala Agreemomi, -'NO W, Alpcmiqutn Road, Mooni Prospoel, Cook ('omPy, 10410isl 6005 Rago 12 of 17 Ln CD T— dalloop Mr piotureveflftatbn: 0 1r, unless and until this Agreement is, terminated, Furthermore, Seller agrees, that the Backup Purchaser under any backUt) Off"Or Shall not have the right to cornplele due diligence activities that involve Backop Purchascr or its agents, employees, or representatives, entering the I 'roperty WithOLIt, 1,110 CXpMS.S Writt0u, consent of Purchaser. lSignemtres ori the Ni.,wt Pogej Ili ue I wsu aiid Sale A penwi...2 CgJf? W, A I gontloin Rcnd, 10oarif [Imspi,,wl, Cook Counly, , I )I inois 6005 Pagc I I of 17 (Wfoop rrlhtufL votilicallum,f I h, """"";4, 1, 1, " Purchase and Sale Agreement Signature Page IN WITNESS Seller and Purchaser have executed Ilii s Purchase and Sale Agreement as ofthe date listed above, mm Cil-ilti E'MO(ill, M TRIStCe of Consolidated PropertiesTrust V"( 1� 11MCST H6 WK 1111 fly: !I'V 411'� In, 111 �OR-OH001MCM Print Narne: Cirila Einotin Purchaser - M VA IJ I I o Id ing LLC, a Georgia limited liability company 13y: Print NameBrian Mc Its: Authorized Signer [Elul qj"Signumms] Midws'a Sale Pig mufmait - 20,10 W Algonquin Road, Mount flrostwc3, Cook (!omity, Minois 6005 Page 14 o IA 7 ti dMICA011 SIR(Imure oflRaHow ol, aI lle,M" I I", � P , Purchase and Sale Agrecipent Defill6gals For the purposes of this Agreernew, the following terms shall have the following meanings "6.11L)Lytenarices" meall all rights, privileges, casernenk, hereditaments, tenemeriCs, arid rights-of-way appurtenant to, or used in connection with, (fie beneficial LISO and on ' joyment of tile Property, including, without fimilaion, all right, title arid interest, if any, of Seller in arid to all water rights, open or proposed llighwqs, streets, roads, roadways, avenues, alloys, sidewalks, easements, strips, gores or rights-of-way, ingrms and cgrm, in, on, across, under, ill front of, WntigUOLIS to, adJacent to, abutting, adjoining or otherwise benefiting the property, both public arid private, r qp) gjl y" means that certain 2,22 acres of` real property, net ofany wetlands or waterways, located at, 2040 W, Algonquin Road, Mount prospect, Cook County, Illinois 60056, known as parcel no, 08-15-400-047-0000, and 1110re IlartiCU13dy described ill [Wiibil B ', together Nvith all fiaproverrients, Aj)l)Ur(C1l0llCQS, together with all of Seller's right, title and interest in and to the following: (i) the'l"angible Personal Property; (ii) ally and all signage, identifying narne.,,; and all marketing materials ofor associated with tbe real property, (iii) any and all Licenses; (iv) any arid all Records, (v) goodwill, trademarks, trade navires, service marks, telefillone and facsimile numbers regarding the foregoing real property; (vi) all such other tangible or intangible propelly used or useful in the ownership or the property; m id (vii) any and al I contracts, agreements, and other arrangements relating to the ownership of the foregoing, real Property, including ally existing lease and any and all service contracts relating to third party service providers of the foregoing real property, as determined by Purchaser during the Inspection Period. "J"jickyoL,m' LneLq" komms any her), pledge, mortgage, charge, decd or trust, security interest, claim, lease, charge, (")JItion, right of first refusal, ellsonlerit, servitude, encroachment or other` survey detect, transfer restriction, easements and restrictions related to wetlands and waterways, Or Other 011CUrnbrance of any nature whatsoever, "Governmental Author't " Or IWernmental Authorities" coca ally government or political Subdivision thereof, whether fWeral, mate, local or fioreign, or ally ageney or inStrUllaCrItality of any such government or, political subdivision, or air), court or art)itrotion body, having mithority over the Property, m pL(YvLtrqk qL4" mean all irnprovements, buildings, StITIChlre-s and fixtures currently located on the Property or (o be located oil the Property as of the Ctosing Late, excluding any fixtilres owned by tenants, inell.lding, without hillilation, all heating and air conditioning systerris, parking facilities and services, reffigeration, ventilation or other utilities, facilities or scrvjc(,z located oil file Property or owned by Seller and used in connection with file Property, "Leases" nlean cacti and every lease of space at the Property and any amendirlents thereto (;,t) in Full force and effect as oftbe [?flective Date and/or (b) executed by Seller after the I-A'fectivc Date in Compliance with the terms and provisions ofthis Agreeniolt, "Licenses" raean, all ofthe following owned by Seller, any and all licenses, permits, certificates, conssents, registrations, certificenions, approvals, operating rights, service contracts, intellectual pr(lperty, waivers and other authorizations, whether issued or granted by ally Government -,d Authority or by any other. PCi-son, with respect to the llroperty. f4aclmsa and Sale AgreemeW,2(M0 W Alr�jaoquhi Road, Mount Illcmpeo, Cook County, Minois 6005 flare t 5 of 17 00 ejaflrjnp1prirawu "'I"T"AU, Ill — , "I"C1,11-14ted Encumbrance" Inmins: (a) any im rt� Iro ly ) !,age or related security documents oil the I pel to be released on or befibro the Closing, Date; (b) casements in(] restrictions of'record which (to not interfere in any niaterial respect with the ownership of' the, Property for Purchaser's Intended Use; (C) liens for real property taxes not y(t due and payable; and (d) other exceptions approved in writing by Purchaser, ""['ascan"" , -nicalls arly individual, corporation, partnership, hn-lited liability Company, 11ral, joint venture, association, joint -stook company, trust, unincorporated organization, or other Organization, Whether or not, as legal entity, and any Gomninental Authority, "I�ecqrL,i" nican any and all books, lists, leases, (10CLIMents, inarmals, marketing information, databases, and specifications, architectural renderings, warranties, bILIC11irints, floor Trans„ tuylars, forms and records used in corincetion With (lie Property and/or any Improvements on the Property. "'kAL tble Personal pro'l 'r means all fitu-nishings, fixtures, furniture, artwork, apparatus, appliances, (mills, nlachinery, accessories, equipirient, and other tangible personal property of any type or description owned by Seller and used or held f`6r use in connection with the ownership of the Property, il'ariy, I lurchosi-mid Sidc Agwomont -2040 W, A4,,oncjoin Rood, Mauna Ili o,,,qwcl„ Cook Couoy, Mmois6005 16 0' 17 dotloop signatme veriflraflon: � cw, Purchase aim! Sale ykgreemen! Exhibit B 1, thcf),rp �.g L -pyty Ilk I AN! V Iq I &I 11A 1111 WK! 101 Arl K 01PASWUMMA WS', 0AWkH f 1 14 Q 00, f4014 111 1011 )Q 1 Ali VAA I KU, MWHI K Ilk 'JUJI K 0 1 H I I t 0 14 1 1 ; N I A MV A K D 0 0 S M" A EA V& A ON 14 V AR T (W i H L P d WW" I P 14 1 k a&a'dIl PA R i to V IIH Q )V 11 H I )", "') 1 1: 1, II'! 0', ", I '% ',aI� l� l I 'I I 1, IMI Ili, Ili,% 1111% MN( IVAI NPAWAK (50 11 MAI I A%O 1W mr; m 16),W1 IT I DO ki "k; MAO* MIN! Y, I I ITT I nor Kum q 00, A Mpm p" TO Wh hoqo k ST r Pumhme amyl eerie Agmmnem --10e60 W. AlpnqWn Rawl, MmM N"mM CWXmWj Mint E 005 Page 17 of" '7 Legal Description THE EAST 107.15 FEET OF THE WEST 692.40 FEET (MEASURED ALONG A LINE PARELLEL WITH THE NORTH LINE) OF THAT PART LYING SOUTH OF THE NORTH 388.70 FEET OF LOT 2 IN EDWARDS BUSSEE'S DIVISON OF PART OF THE SOUTHEAST % SECTION 15 AND PART OF THE NORTHEAST % OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THRID PRINCIPAL MERIDIAN, (EXCEPT FROM THE AFORESAID TRACT OF LAND THE NORTH 315.00 FEETTHEROF), IN COOK COUNTY, ILLINOIS 110 Exhibit A Development Schedule • Preliminary PUD to Planning and Zoning • IHDA Application submitted • Preliminary PUD Approved by City Council • Secure Cross Access Easement (if possible) • IHDA funding awarded • Final PUD to Planning and Zoning • Final PUD Approved by City Council • Design and Entitlements • Building Permit Issued • Financial Closing/Construction Start • Construction Completion/Occupancy - February 10th, 2022 - February 11th, 2022 - March 2022 - Jan -June 2022 - May 2022 - August 11th, 2022 - August 2022 - 3-6 months - March 2023 - April 2023 - June 2024 111 Exhibit B Impact Assessment Population and Demographics Mount Prospect has a population of 54,604 and has had more than 50,000 residents for since the mid - 1970's. The Census Tract where the proposed project is located has a population of 6564 people. The proposed property will add residential accommodations for 53 55+ households, of between 53 and 75 residents. This represents an increase in Mount Prospect's population of 0.14% and an increase in the Census Tract's population of 1.1%, an amount that is unlikely to be noticed by the average person. Mount Prospect's population is currently declining at a rate of -0.74% annually so these increases in population may help to offset that loss and indicate that the community infrastructure in Mount Prospect should be sufficient to serve the residents of the proposed building, many of whom will likely be Senior residents of Mount Prospect already. As of 2021, 28.23%, or more than 15,000, of Mount Prospect population is above the age of 55. Due to the size of the baby boomer generation, we believe that percentage will continue to grow over the coming years. It seems unlikely that an increase of less than 75 residents, or less than one half of one percent, will have an impact. In Mount Prospect many of these seniors are beginning to age out of their single-family homes but want to stay in the area. There is clearly no negative impact to the potential population increase and it appear our building will make a positive contribution by bringing new residents to Mount Prospect or allowing those that want to stay in Mount Prospect an alternative affordable option. Taxes This property is projected to pay $42,000 per year in property taxes. Over half of those taxes will go to fund Harper College, High School District 214, and School District 59. 11% of those taxes will go directly to the City of Mount Prospect and 6% will go to the Mount Prospect Park District. Increased tax revenue represents a positive impact of the proposed project. Schools Our residents will not have school age children that live with in the project, therefore it will not add any additional burden on the local schools. The completion of this project will, however, make public and permanent an easement allowing access from the adjacent property to southeast, BLHA BLAH, and those our neighbors farther southwest access to John Jay Elementary via the path they already use without any formal permission. A portion of the property tax proceeds will also support the local school district. Clearly, taken together this represents a positive impact to the area schools. Parks There will be no negative impacts to the local parks. The closest, Kopp Park, is designed as a walking park, ideal for our resident's use. Busse Woods is also close by, but closer to home than those two open space recreation areas our residents will have a walking path and outdoor exercise equipment and a 112 gazebo onsite. Prospect Sr Lofts will pay over $42,000 in property taxes, 6% or those taxes funds the Mount Prospect Park District and 1% of those taxes fund the Cook County Forest Preserve. Community Facilities Given the de minimis impact our proposed project will have on the Population of Mount Prospect we believe there is sufficient capacity in the Community Facilities and Amenities in the area. There are weekly groups that meet at City Hall Farley Community Room that appear to have capacity to absorb those of our residents that are interested, and the library is a thriving hub of community activity that has more staff that our building will Have residents. Mount Prospect is blessed to have dozens of Community Groups and Organizations as well as religious institutions for all faiths that serve its residents, from the Post 1337 of the Veterans of Foreign Wars to the Community Band and Bike Club. Our project will have a project will have a preference for leasing to veterans, but even with that in place our residents are unlikely to over overwhelm Post 1337 or any of these great community amenities. The Mount Prospect Public Library has 171 full and part time staff in a facility that is more 100,000 square feet. They offer numerous classes and programs across a wide range of topics and have an operating budget that approaches to $10 million. The library has over 50 computers available on site and the E -Net computer lending program, along with several special search terminals and Large Print/Text-to-Speech terminals for the those with special needs. It does not seem that the addition of a 53 -unit 55+ independent living apartment building will have an impact on such a large and valuable community facility, but 7% of the property taxes will go help fund the library. Public Transportation According to Regional Transportation Authority Mapping and Statistics, the 606 Northwest Limited bus that stops in front of our project and connects our residents to the wider community had more than 1500 rides per year pre-Covid and 500 to 700 rides Post Covid. That's about average for PACE bus line, but busiest lines exceed 6000 rides per day pre-Covid. Even if all the proposed residents of Prospect Senior Lofts were to take one outgoing and incoming bus ride every single day that be less than 2% increase of the post-Covid ridership and less than one half of one percent of the pre-Covid ridership. These ridership numbers indicate that the 606 Northwest Limited has sufficient capacity and will not be negatively impacted by our project. Rosemount Transportation Center is only 4 stops away, which provides access to multiple bus lines and the Blue Line O'Hare Train and 100,000's of rides per day. Fire Our project will add fire protection to a now vacant lot, including 2 new fire hydrants. One of those fire hydrants will also serve our neighbor to the east which is currently underserved. Our building will have a state-of-the-art fire suppression system and fire alarm and pose no greater fire risk to the community than any other project that would be developed at this location. By increasing the fire hydrant coverage for the community our project would have an overall positive impact. Public Safety Our project will have a positive impact on security by providing onsite staffing, security cameras, and "eyes on the street" to what is now a vacant lot. At the moment the land parcel is empty and has no security monitoring of any kind. Once our project is completed there will 360 -degree video surveillance 113 outside the building, including coverage of the entire parking lot, rear recreation area, and the school access path which will be formally open to the public. These cameras will be monitored both onsite and offsite and will provide both a deterrent to bad behavior and crime and a means for Mount Prospect police to investigate any wrongdoing on the property or even on adjacent properties within range of the cameras. 114 MVAH Partners Senior Building Parking Ratios Project Name Location Uni s Parking Places Parking Ratio p r un Prospect Sr Lofts Mount Prospect, IL 53 62 1.17 Centerville Senior Loft Centerville, Iowa 44 61 1.39 Central Park Place Columbus, Indiana 63 71 1.13 Cicero Senior Lofts Urban - Chicago, IL 64 28 0.44 Forbes Manor Gastonia, NC 76 105 1.38 Francis Senior Lofts Jackson, MI 45 51 1.13 Harbor Town Perrysburg, Ohio 69 100 1.45 Keokuk Senior Lofts Keokuk, Iowa 51 72 1.41 Omega Senior Dayton, OH 81 84 1.04 One Penrose Lawrence, Indiana 45 65 1.44 Oregon Senior Oregon, OH 81 98 1.21 Reserve at McAlister Fort Worth, Texas 124 247 1.99 Riverside Senior Dayton, OH 48 96 2.00 Secor Senior Lofts Toledo, OH 58 87 1.50 Southridge Senior Lofts Suburban- West Des Moin s, IA 55 62 1.13 Spring Street Senior I Lima, OH 881 911 1.03 Water Tower Park IGray, GA 721 1381 1.92 TOTAL 1 11171 15181 1.36 Mount Prospect Senior Building Parking Ratios Parkin Analysis Senior Housing P Ds Parkiing Provided Number of Unit's Parking Spaces/Unit Kenzie Senior residences 01 E., Kensington Pd. 74 0.7 N Alden 1703 E. Kenslington Rd. 99 92 1.07 Mt. Prospect Senior Living* 11.11. S, Linnern an Rd. 68 818, 0.77 P'r posed Prospect Senior Lofts, 61 53 1.1 * Inc ludes rne mio ry care, unilts- 115 August 19, 2022 Ann Choi Development Planner Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 Re: Letter of Intent to pursue a FINAL PUD for 2040 Algonquin Rd Mount Prospect, IL Ms. Choi, MVAH Partners intends to pursue a zoning map amendment and a PUD for the property known as 2040 Algonquin Road to facilitate the development of a 53 -unit multi -unit building restricted to residents 55 years of age and older. MVAH is a nationally recognized developer of workforce and senior housing with over 13,000 units in 15 states. MVAH has 7 residential housing projects in Illinois, including a recently completed senior building near Midway Airport in Chicago. Over 95% of portfolio was developed by MVAH and to -date MVAH has only sold one property it developed. We are long term property owner operators with the goal of building homes so that people can live where they work. Our proposed project is consistent with the current Comprehensive Plan, particularly policy 3.1.3 which encourages senior housing developments. The area is also experiencing demographic changes that suggest that the already robust demand for senior housing will only grow. The location is ideal for this type of development because it is well connected to amenities and public transportation. We believe it addresses a need in the community to have age -in-place options. In order to make this property developable for MVAH, or any other multi -family project, a PUD will be required. This is a unique property that is only 100 feet wide, but over 800 feet long. These dimensions provide a challenging footprint and we were unable to achieve a financially viable project with the traditional multi -family zoning, R-4. Our proposed project will be far less than the 48 units per acre allowed under the PUD for the 2.09 -acre site and fall in line with the density of neighboring developments, Brownstone Court Apartments and Greens Apartments. MVAH pursued a cross access easement from the neighboring properties on either side as recommended by the preliminary PUD. Unfortunately, we were unable to obtain cooperation from either adjoining property. MVAH was prepared to make cash payments and to share maintenance responsibilities for driveways on the other sites, but both properties refused our repeated offers. Mt Prospect Greens, to the Southwest, cited the need to preserve all of their parking to comply with their 9100 Centre Pointe Drive, Suite 210 West Chester, Ohio 45069 (513)-964-1140 116 own PUD regulations. Brownstone Court, to the Northwest, considered several layout options and briefly engaged in negotiations before terminating their relationship with their legal counsel and becoming entirely unresponsive. We hope you will evaluate this request with the understanding that we need to move forward with access from Algonquin Road in order to make this project come to fruition. To develop our PUD application, we worked closely with staff to balance competing needs for open space, parking, stormwater detention, and fire access. While our project does seek variances from the code for building height, parking, and open space we believe those variances are required to have a viable project that meets the demands of the community and our stakeholders. We are eager to begin construction on this project in Mount Prospect and hope you will look favorably on our PUD application. Sincerely, Wyllys Mann Vice President of Development Upper Midwest Region 9100 Centre Pointe Drive, Suite 210 West Chester, Ohio 45069 (513)-964-1140 117 MAYOR Paul Wm. Hoefert TRUSTEES Agostino S. Filippone Terri Gens John J. Matuszak Richard F. Rogers Colleen E. Saccotelli I Michael A. Zadel \1 Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, Illinois 60056 August 29, 2022 Wyllys Mann MVAH Partners 9100 Centre Pointe Drive, Suite 210 West Chester, OH 45069 Via e-mail: w r�llys.mann(c.,,mvahpartners.com VILLAGE MANAGER Michael J. Cassady VILLAGE CLERK Karen Agoranos Phone: 847/392-6000 Fax: 847/392-6022 www.mountprospect.org Re: 2040 W. Algonquin Road / Zoning Map Amendment and Conditional Use — Preliminary and Final PUD / Review Comments Dear Mr. Mann, The Village of Mount Prospect has reviewed the revised submittal provided on 08/18/2022 and 8/24/2022 requesting conditional use approval for a zoning map amendment and a preliminary and final planned unit development, and has the following review comments: Planning Division: General The following deviations are being requested: a. Maximum building height from 35' to 48'; b. Lot Coverage from 50% to 60%; c. Minimum parking setback from 10' to 9.5' along the west lot line and to 9.15' along the east lot line; d. Maximum FAR from 0.5 to 0.6; e. Minimum number of required parking spaces from 117 parking spaces to 62 parking spaces using multi -family dwelling ratio; f. Minimum open space requirement from 40% to 38%; g. Elimination of a center parking island along the west lot line; and h. Maximum width of walkways in side and rear yard from 3' to 5' wide. 2. Easement for school access should be shown on the architectural site plan and labeled on the landscape plan. Site Plan/Site Dimensional and Paving Plan 3. Revise the Site Data table in the Site Dimensional and Paving Plan (Sheet 3) to reflect the correct lot coverage expressed as a percentage (60%), the building footprint of 13,687 SF, and the gross floor area of 54,748 SF. The FAR should 118 Village of Mount Prospect I Page 2 be 0.60 not (0.154). 4. Site dimensional plan has the rear yard setback incorrectly marked as 10' (it should be 25'). 5. In the site dimensional and paving plan, the walkway around the detention pond and the exercise stations are not shaded with any of the pavements listed in the legend. Architectural Drawings 6. No roof plan was provided. Landscape Plan 7. Per the community development director, the tree inventory and irrigation plans are waived until the permit submittal. 8. Installation height needed for evergreen trees. 9. Proposed shrub mix is 82% deciduous, 18% evergreen; code requires 50% of each type. 10. Installation size for Purple Pavement Rose should be 2'. 11. The planting islands do not have enough trees to meet 1 tree per 120 square feet of area. 12. There are no shrubs proposed along the north lot line. 13. The landscape plan should label the easement/pathway for school access. Photometric Plan 14. The subject property is subject to the 0.2 foot-candle maximum allowed at the lot line when adjacent to multi -family uses and to the 2.0 foot-candle maximum when adjacent to an arterial right-of-way. Staff notes that average minimum and average maximum illumination levels were not provided. The photometric drawing submitted at time of building permit shall comply with code. 15. Per Section 14.314(A)(2)(a) and (c), full cutoff luminaries with a total cutoff angle of not more than 90° shall be used and flat lenses are required for all lighting fixtures. At time of building permit, fixture cut sheets shall be submitted to show compliance. Responses to Standards 16. Revise the responses to standards per the provided attached word documents. Fences and Walls 17. The fence drawings for the school access are missing from the submittal. At time of building permit, any proposed fence or wall shall comply with code. Public Works Department: Add the following condition to the PUD agreement: 18. The property owner shall maintain all stormwater management facilities in 119 Village of Mount Prospect I Page 3 accordance with the Operation and Maintenance Plan to be approved with the permit documents, and shall provide documentation to the Village annually confirming the required maintenance activities have been performed. Building Division: 19. The provided drawings list the wrong codes on the main cover sheet. In February of 2022 the Village adopted the 2021 ICC Codes and the 2020 National Electric Code. 20. The Building Department has asked for a full code analysis on the building in the past, which will be required for the main permit submittal. This code analysis should be based on the codes listed above and not the codes documented on the drawings. Fire Department: The petitioner is advised of the following comments from the Fire Department that must be addressed before final certification of occupancy will be granted. The Fire Department has granted conditional approval for Planning and Zoning. 21. Additional fire hydrants are required for this project. Hydrants shall be provided around the perimeter of the building at a maximum of three hundred feet (300') spacing measured along access roads. Such hydrants shall be installed not more than fifty feet (50') nor less than twenty five feet (25') from the building. Fire hydrants will be required within three hundred feet (300') (spacing) around the entire building (west and east side). An additional fire water loop will be required based on the configuration around the building. Final fire hydrant and water main configuration will be determined by the Fire Department during the site submittal review. Additional modification may be required. 22. The fire lane located on the East side of the building does not connect the front and rear of the building. Please provide a fire lane connecting the front and rear of the building. The fire lane should be a minimum of 13 feet wide. Final fire lane configuration will be determined by the Fire Department during the site submittal review. Additional modification may be required. 23. Provide an emergency vehicle/apparatus turning radius diagram for all parking lots, fire lanes, and turnaround points. Final parking lot configuration will be determined by the Fire Department during the site submittal review. Additional modification may be required. Please advise the petitioner the following items must be included in the building/site plans submittal: 24. A fire sprinkler system and standpipe system in accordance with NFPA 13 and 120 Village of Mount Prospect I Page 4 NFPA 14 will be required for this project for all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and equipment cut sheets are submitted for review. Village of Mount Prospect Fire Prevention Code, 24.202 25. A fire alarm system will be required for this project for all buildings. Ensure fire alarm shop drawings point-to-point point wiring diagrams, battery load calculations, and equipment cut sheets are submitted for review. Village of Mount Prospect Fire Prevention Code, 24.204 26. All new sprinkler risers and associated equipment shall be located in a separate room with a minimum of two-hour construction. 27. A fire pump and standpipe system(s) will be required for this building. Please ensure drawings are submitted for these systems. 28. Fire hydrants are shown to be supplied from water mains throughout the new development. Water flow calculations will be required to verify that the new proposed water main sizes can meet the required fire flow GPM demand. The minimum fire flow for a residential occupancy is 3000 gallons per minute at 20 PSI residual pressure. This documentation must be provided to the Village of Mount Prospects Public Works Engineering Department for review and approval along with a copy to the Mount Prospect Fire Department. Village of Mount Prospect Fire Prevention Code, 16.403 C 29. A minimum of three feet (3') clear space shall be maintained around the circumference of any new or existing fire hydrant, fire department connection, fire protection control valve or any other fire protection system component. 30. An egress plan must be provided for the space. This plan must include occupant loads, travel distances, egress widths and common path of travel distances. An egress plan will be required when the building plans are submitted for review. Additional exits may be required. 31. All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or draw bolts, etc. will be allowed. Life Safety Code, 7.2.1.5.1 Please make the changes as noted above and submit one copy of the revised drawings, a point -by -point response letter, and a compact disc (CD) or USB with the revised and 121 Village of Mount Prospect I Page 5 requested additional drawings saved as a pdf file. You may e-mail the digital copy. Feel free to contact me at (847) 818-5314 / achoi@mountprospect.org if you have any questions. Sincerely, Ann Choi Development Planner c: File Community Development 122 September 9, 2022 Ann Choi Development Planner Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 Re: Request to Waiver of 2nd Reading for 2040 Algonquin Rd in Mount Prospect, Ms. Choi, MVAH would like to formally request a waiver of the 2nd hearing for the zoning map amendment and a PUD for the property known as 2040 Algonquin Road, case number PZ -18-22. This waiver will help us expedite our design, permitting, and financing processes to bring the project closer to fruition. I am hereby respectfully submitting this letter as a formal request for a waiver of the Village Board's second reading regarding our zoning map amendment and conditional use for a preliminary PUD proposal so that the Village Board may take final action on the application at its meeting scheduled for September 20, 2022. 1 appreciate your consideration of this request. Sincerely, Wyllys Mann Vice President of Development Upper Midwest Region 9100 Centre Pointe Drive, Suite 210 West Chester, Ohio 45069 (513)-964-1140 123 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -18-22 Hearing Date: September 8, 2022 PROPERTY ADDRESS: 2040 W. Algonquin Road PETITIONER: Wyllys Mann, MVAH Partners PUBLICATION DATE: August 24, 2022 REQUEST: ZMA from R -X to R-4, CU — Preliminary and Final PUD for Senior Housing MEMBERS PRESENT: Joseph Donnelly William Beattie Norbert Mizwicki Walter Szymczak Ewa Weir Greg Miller MEMBERS ABSENT: Donald Olsen Tom Fitzgerald STAFF MEMBERS PRESENT: William J. Cooney, Director of Community Development Ann Choi, Development Planner Antonia Lalagos, Development Planner INTERESTED PARTIES: Wyllys Mann and Charlie Johnson (MVAH Partners) Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion seconded by Commissioner Mizwicki to approve the minutes from the Planning and Zoning Commission meeting on September 8, 2022. The minutes were approved 6-0. After hearing one previous case, Chairman Donnelly introduced case PZ -18-22, 2040 W. Algonquin Road, a request for a zoning map amendment from R -X to R-4 and a conditional use approval for a preliminary and final planned unit development (PUD) with senior housing at the subject property. Ms. Choi introduced the case and noted that the planning and zoning commission last saw concepts for the subject property and recommended approval for the rezoning and preliminary PUD requests on February 10, 2022. Both requests were approved by the Village Board on March 15, 2022 via Ord. 6617. Ms. Choi explained that since the preliminary PUD approval, the Petitioner has obtained funding from the Illinois Housing Development Authority (IHDA) and is coming back to the Village for Final PUD approval, and noted that the preliminary PUD request has been reinstated due to improper noticing for the last hearing on February 10th, and additionally a few more waivers are requested as part of the Final PUD request. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 124 Ms. Choi described the subject property's location adjacent to multiple multi -family projects, the Brownstone Court Apartments to the west, Mount Prospect Greens Apartments to the east, and Briarwood Terrace and Lake Briarwood to the south. Ms. Choi stated that the Brownstone Court property has a driveway (Brownstone Court) located along the western portion of the subject property that is an entrance only, that is next to a signalized intersection but not a fully signalized intersection. During the preliminary PUD, Ms. Choi explained that staff had requested that the Petitioner look into evaluating ways to take advantage of the signalized intersection that would benefit the properties in that area. The preliminary PUD proposed a full access driveway along Algonquin Road. Ms. Choi went on to explain that the proposed development is located on a very linear site, and would consist of a single, 4 -story, approximately 48 -foot tall, 53 -unit senior housing development with an outdoor parking area at the front of the building providing 62 parking spaces laid out for one-way travel in a counter clockwise direction, underground detention beneath the parking lot, stormwater detention at the rear, and outdoor residential amenities including a gazebo and a walking trail dotted with several outdoor exercise stations. Ms. Choi explained that a dedicated pedestrian walkway would be provided between the primary parking aisles within the site and would extend the length of the parking lot to the entrance of the building. Fire access would also be provided along the east side of the building, composed of engineered landscape such as grasscrete pavers. An informal walking path currently used by nearby residents to the existing elementary school would also be preserved via a permanent easement at the northeast corner of the subject property. No fences or walls are proposed around the subject property, except around this walking path. The proposed building would be setback approximately 400 feet from Algonquin Road. Ms. Choi further explained that the proposed development would provide a restricted right-in/right-out access off of Algonquin Road. Per the Village Board's request, the Petitioner was working with the neighboring properties on establishing cross access in lieu of the proposed curb cut on Algonquin Road; however, the Petitioner was unable to secure approval for cross access as both neighbors expressed reluctance to move forward with easements. Ms. Choi stated that the proposed development would be seeking relief to: 1) increase the max building height from 35' in the R-4 zoning district to 48 feet; 2) increase the max lot coverage from 50% to 60%; 3) reduce the minimum parking setback form 10' to 9.5' along the west lot line and 9.15' along the east lot line; 4) increase the max FAR from 0.5 to 0.6; 5) reduce the required parking from 117 parking spaces to 62 parking spaces; And three new waivers to: 6) eliminate the center parking island along the westernmost parking stalls; 7) reduce the min open space requirement from 40% open space to 38%; and 8) increase the max width of walkways from 3' to 5' in the side and rear yards. Ms. Choi presented the building elevations. Ms. Choi presented the proposed 4 -story building with a maximum height of 47'-9" that would be composed of a face brick veneer base and fiber cement siding Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 125 with neutral colors. Architecturally the building provides a masonry building base and is in line with the recent senior project appearances and material percentages that have been approved by the Village, the most recent being the Kenzie Senior Residences on Kensington across from the Home Depot. It is similar in scale and design. The surrounding properties adjacent to the proposal are improved with 2 to 3 story developments on either side. Ms. Choi then went on to describe the parking requirement. Parking ratios for traditional multi -family developments would require the development to provide 117 parking spaces (2 spaces/unit for 1 & 2 BR units plus guest parking requirements). Senior housing, considered to be 62 years and older, would require the development to provide 43 parking spaces (0.75 spaces for 1 BR units and 1 space for 2 BR units, no guest parking). Since the proposed development is intended for residents that are 55 years and older, and because it is also not a regular multi -family development, Staff requested that the proposed development utilize a parking ratio averaging multi -family developments and senior housing developments. Ms. Choi stated that the proposed development would provide 62 parking stalls, including 9 accessible stalls. Nearby senior housing developments have parking ratios ranging from 0.70 to 1.07 parking spaces per unit, while the proposed development would be providing the highest parking ratio of 1.17 parking spaces per unit. Ms. Choi went on to describe the proposed landscaping on the subject property and indicated that the landscape plan provides a significant amount of perimeter landscaping and complies with code. Ms. Choi explained that the proposed pathway along the east side of the building also functions as a fire lane. The surface underneath is composed of engineered landscape or Grasscrete pavers, a poured in place concrete grid where grass is planted in the voids, having separate impervious/pervious elements, and allows for emergency vehicle loading. There is also substantial foundation landscaping around the entire building. Ms. Choi stated that the proposed project aligns with several of the Village's long range plans including the 2020 Connect South Mount Prospect Subarea Plan which notes the subject property as an opportunity site and indicates the property is underutilized. The Comprehensive Plan designates the subject property within the multi -family district on the future land use map which recommends primary uses such as multi- family developments including senior housing with appropriate densities. And finally, the 2021-2022 Strategic Plan recommends providing a range of housing options of differing types and price points through the Village. Ms. Choi stated that the proposed building is residential in character and is similar in massing and scale to the adjacent R-4 zoned properties which are also both PUDs, and meets the map amendment, conditional use, and PUD standards under the Village Code. Ms. Choi further stated that the proposed development is also in line with the goals and policies set forth in the Village's Comprehensive Plan, South Subarea Plan and the 2021-2022 Strategic Plan. Therefore, Ms. Choi stated that staff recommends approval of the following motions: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of: 1) A zoning map amendment from R -X Single -Family Residential to R-4 MultiFamily Residence at 2040 West Algonquin Road; and Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 126 2) A conditional use for a preliminary and final residential planned unit development consisting of one (1) principal building used for senior housing, subject to the conditions listed in the staff report." Ms. Choi stated that the Village Board's decision is final in this case, concluded her presentation and opened the floor to questions for both herself and the petitioner. Chairman Donnelly asked staff is there have been any other issues with parking at the other senior housing facilities. Ms. Choi stated that staff has received some complaints for the Kenzie Senior Residences which appear to be tight on parking. Chairman Donnelly asked if the lot coverage and water retention were sufficient for the property. Commissioner Beattie also asked if the waiver for reduced open space would be taken care of with the proposed on-site detention. Director of Community Development, Bill Cooney, stated that the site will be designed for engineering purposes to meet the needs of the site. Commissioner Miller asked if there was a height variation proposed and if it was in line with the other buildings in the area. Director Cooney responded by stating that the majority of the housing complexes building in the vicinity of the area were built in the County before our current codes were in place. Commissioner Beattie inquired about the R-4 zoning district and noted that the Village has many R-4 zoned properties scattered around the Village that are much higher than the 35 -foot building height requirement. Chairman Donnelly indicated that the B-1 district permitted higher than 35'. Director Cooney stated that the B-5 downtown district allowed the highest, but there are developments such as the one on the corner of Busse and Algonquin Roads that are approximately 6 to 7 stories tall. Commissioner Beattie wanted confirmation that the other senior housing project mentioned was also zoned R-4. Director Cooney responded in the affirmative. Hearing no further questions from the commissioner for staff, Chairman Donnelly asked the Petitioner to come forward. Chairman Donnelly swore in the representatives for the Petitioner, Wyllys Mann of MVAH Partners, 4314 North Leavitt, Chicago, IL. Mr. Mann explained he was available for any questions but wanted to address the building height concerns and explained that he stopped by the site earlier that day and it reminded him that during the preliminary PUD stage, the building was designed to have a flat roof when they realized the need for a four-story building. Both of the neighbors on either side have 2 to three stories with pitched roofs, and the pitched roof adds height to the building, so the height discrepancy will likely be less than 13 feet. Commissioner Beattie stated that the neighbors' concerns will likely be less about how much taller the proposed building would be in respect to their building, but more about the additional height disrupting their views or the availability of natural light. Chairman Donnelly opened the floor for questions from the public. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 127 Chairman Donnelly swore in Ron Knourek, 2811 S. Briarwood Drive East. The property is across the street from the subject property within the Lake Briarwood Subdivision. For full disclosure, Mr. Knourek stated he is the president of the Lake Briarwood Homeowners Association; however, Mr. Knourek is not representing the Board or the Association, he is representing a group of concerned, individual residents. Mr. Knourek expressed his opposition and concerns about the project, including: 1. The existence of already high-density multi -family developments in the area. 2. The number of waivers requested, trying to fit in a project on a site that is too small to support it. 3. Inconsistent with the design of the buildings in the rest of the neighborhood that are 2-3 stories in height. 4. Inconsistencies with the resident ages in other senior housing projects; most are 62 and older. From his personal experience, older seniors do not want to live on a fourth floor. 5. Other senior housing projects approved in Mount Prospect are lower in height and are mostly located on single-family residential neighborhoods. 6. The restricted access driveway proposed on Algonquin Road is dangerous, especially with the traffic light that is very close to the proposed driveway, and since there are frequent left turns from those leaving the Brownstone Court Apartments. Doubts that the restricted right -out would deter people from making left turns out of the project. Mr. Knourek stated that there was someone killed recently because of an illegal left -turn in nearby Elk Grove Village. Mr. Knourek asked if the developer was part of Miller -Valentine. Ms. Choi deferred to Mr. Mann. Mr. Mann explained that MVAH was spun out of Miller -Valentine six years ago. Mr. Mann further stated that Miller -Valentine was an umbrella company that owned a general contractor, and multiple development identities, and further explained that MVAH no longer shares any interest with Miller -Valentine and is a wholly separate company at this point. Mr. Mann stated he is the senior vice president responsible for development in Illinois, Iowa and Wisconsin. Mr. Knourek explained the reason he brought this up is because of a 2019 lawsuit United States vs. Miller - Valentine. Chairman Donnelly stated that the lawsuit does not apply to this zoning case. Mr. Knourek stated that he has a petition opposing the project signed by 90 of the residents. Commissioner Mizwicki asked if they were opposed to the height of the proposed development or the development in general. Mr. Knourek stated they are opposed to adding to the existing density of the multi -family in the neighborhood, potentially dangerous exit configuration, building inconsistencies with other senior homes, etc., but the two main concerns are the addition of more multi -family and the dangerous exit configuration. Mr. Knourek pointed out that in the past five years, there have been two fatalities involving people crossing Algonquin Road at that intersection. Commissioner Mizwicki asked Commissioner Mizwicki, as a homeowner there, what would be an acceptable building at that site, other than none at all. Mr. Knourek stated that he did not have time to develop an alternative, since he was advised of the proposal just a few days ago, and it was brought to his attention on Saturday (9/3/22). Mr. Knourek simply wanted to express his opposition to the project as it stands. Chairman Donnelly pointed out that since this Village Board final, there would be time to develop an alternative if they chose to do so. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 128 Chairman Donnelly swore in Neil Ormos, 2700 S. Briarwood Drive West, Arlington Heights, IL. Mr. Ormos lives to the south of the proposed project. Mr. Ormos asked staff if there was any planning efforts that contemplated a park at this location. Director Cooney responded that in the 2020 Connect South Mount Prospect Sub -Area Plan, a park is stated as a preferred use at the proposed site. Staff had approached the park district, but they indicated that they did not have the capacity to develop, maintain or operate the site. Director Cooney explained that there was no entity to have develop and operate the park, and then the senior housing proposal came along. Mr. Ormos stated that a park is what is needed at the proposed site as there are no parks of much value in that area. Mr. Ormos referenced Kopp Park, Falcon Park and Tamarack Park as parks without much recreational space for families and children. Chairman Donnelly asked if Mr. Ormos has talked to the park district about taking that property. Mr. Ormos stated he did not approach the park district. Chairman Donnelly explained that if residents approached the park district, this is something that could be brought up to the Village Board, but if there is no entity who could take this over, it is not in the best interest to leave the subject property vacant. Mr. Ormos stated he found it sad that the Village could not coordinate with a peer unit of government to effectuate what was originally part of its plan. Chairman Donnelly stated this is something that can be raised with the Village Board when they review this case. Mr. Ormos expressed his concerns with the restricted driveway and stated that other elements of the impact analysis that the developer has prepared seemed inadequate. The proposed driveway with restrictions will dare people to make a left turn and it will be a problem. Mr. Ormos stated that traffic signal was not built to accommodate a left -turn movement out of the subject property. Mr. Ormos further stated that the traffic impact study did not consider pedestrian traffic. There is a strip mall just south of the proposed site and people from the proposed project will cross Algonquin Road using the pedestrian crossing. Seniors may need additional time to cross Algonquin Road. Mr. Ormos thought the impact analysis to be very superficial. Chairman Donnelly stated that the planning and zoning commission is a zoning board and does not have any input on the traffic, lighting systems, cross walks, speed limits, and that is for the Village Board to have that discussion. Mr. Ormos concluded by stating he does not have an issue with the use, but that it should not be as tall as proposed, and that the transportation issue should have been fully addressed. Chairman Donnelly swore in Malpomita Kazmierczak, 1486 Brownstone Ct, Mount Prospect, IL. Ms. Kazmierczak stated she is one of the property owners of one of the buildings in Brownstone Court. Ms. Kazmierczak wanted confirmation that there is no proposed cross access between the Brownstone Court property and the proposed site. Chairman Donnelly confirmed there is no cross access between the two properties. Chairman Donnelly swore in Cynthia McCowin, 2711 Elaine Ct, Arlington Heights, IL. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 129 Ms. McCowin pointed out that the intersection is already very dangerous. Chairman Donnelly asked what type of access Ms. McCowin would like to see at the site, since they need to get in and out of the property. Director Cooney stated they will not allow a left-in/right-out. Chairman Donnelly and Director Cooney both reaffirmed that the Illinois Department of Transportation (IDOT) controls the intersection. Ms. McCowin stated that the intersection is a densely populated area with families and would prefer to see the intersection designed at 90 degrees. Chairman Donnelly pointed out that the most restrictive driveway is the right-in/right-out only, which the Petitioner is proposing. Commissioner Beattie stated that the safest way to design the site would be a right-in/right-out, and the alternative to that to make it safer would be to eliminate the driveway on Algonquin altogether. Chairman Donnelly pointed out it would be unreasonable to not allow any access to the property. Ms. McCowin also stated she does not believe reduced parking for seniors is a viable argument since she does not consider 55 years and older as seniors. Ms. McCowin also noted that she moved to the area because of the beauty of Lake Briarwood and adding another high-density multifamily building will establish South Mount Prospect as a place for apartment buildings for low-income housing. Mr. Knourek asked if there was any assurance that the project will stay affordable through a surety bond or performance bond and asked what would happen if the project does not attract any seniors. Mr. Knourek would like assurance that the senior community will remain a senior community. Chairman Donnelly asked staff if the rules on the type of housing can change after the PUD is granted. Director Cooney responded funding for the project are associated with bonds with a 15 -year term, so that part of it can be extended and re -negotiated going forward. From a zoning standpoint, if the PUD is approved, it will be tailored to a senior housing development especially since the parking ratios are tied to a senior housing development, not a multi -family housing development. A PUD amendment would be required if the senior housing development turned into a multi -family development. Mr. Mann also stated there would be a restrictive covenant on the property for a minimum of 15 years, more likely 30 years, restricting the property to a senior housing development to residents 55 years and older, required by federal tax code. This will be a recorded document. Mr. Mann stated that the restrictive covenant runs with the land, no matter who the property owner is, and even if the Village approved it, the project could not change the senior housing into another type of development. Commissioner Weir asked if there was a restriction on keeping the project affordable because there is a big need for it in this community. Mr. Mann stated that the same covenant would restrict all the units to be affordable. Commissioner Mizwicki asked what the price range for the affordable units are. Commissioner Beattie stated the staff report indicates that the one -bedroom units will range from $382 for residents making 30% of the area median income (AMI) to $881 for residents making 60% AMI. Mr. Mann wanted everyone to understand that the rents are capped by the Department of Housing and Urban Development guidelines, and increases are approved at the state agency level to maintain approximately 30% of that income for that income bracket going towards rent and utilities. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 130 Chairman Donnelly asked staff if the three senior housing projects discussed tonight are affordable. Director Cooney stated that the two senior projects on Kensington Road are affordable. Chairman Donnelly asked about the demand for these types of projects. Mr. Mann stated that the market study indicates the capture rate is less than 1% of the seniors who are income- and age -eligible who live in the Mount Prospect area and all of the senior projects that are affordable in the Village and in the surrounding communities are 100% occupied and have waiting lists. Mr. Mann emphasized that there is a very strong and growing demand in this market for this type of product. Chairman Donnelly asked if most of the seniors in this type of housing are independent. Mr. Mann responded that this would be an apartment to the seniors, it is an independent living building, and that there would be no services such as healthcare or memory care provided. The residents would come and go as they choose, and many of them would be employed. Chairman Donnelly asked if the petitioner could make the building affordable if the proposed building was a three-story building. Mr. Mann explained that the project would not be viable with 25% less units because it is currently very expensive to build, and it is tricky because the rent caps limit the income the petitioner is able to derive, and the loans they are able to take out on the property in order to build it. The project would not have been able to go forward or been approved for funding with fewer units. Commissioner Beattie asked if it would be economically viable to construct a smaller building. Mr. Mann stated that Commissioner's Beattie's question is true, and also stated that the traffic impact study did not suggest the project would create any traffic hazards. Mr. Mann pointed out that none of the concerns in the traffic impact study pointed to any safety issues created by the right-in/right-out intersection and specifically requested the right-in/right-out based on IDOT's guidelines. The other recommendation was tc move the bus stop to make the intersection a littler clearer and they are working with PACE bus to achieve that goal as soon as possible. Chairman Donnelly stated there would be less cars coming in and out of the property than if this was a standard multi -family development. Commissioner asked Mr. Mann what it would do to the project if the proposed building was a three-story building rather than a four-story building. Mr. Mann responded that this would kill the project. Mr. Mann explained that they worked closely with staff to look at three-story options, but that there was not enough room for parking with the same number of units in a three-story building, and that it was a delicate balance between the number of units, parking, stormwater detention, open space, landscaping, and fire lanes to find the best fit. Chairman Donnelly swore in Marilyn Schram, 2721 S Briarwood Drive West, Arlington Heights, IL. Ms. Schram stated that the intersection of Algonquin Road and Dempster Street is very dangerous. Ms. Schram asked why there was a parking reduction of 117 parking spaces. Ms. Choi stated that if the Village required the parking ratio for multi -family housing, the requirement is 117 parking spaces, but if the project used a parking ratio for senior housing, the project would be required to provide only 43 parking spaces. (Inaudible) Chairman Donnelly stated that if there was a park proposed, there would be an in and out driveway proposed with its own required parking. Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 131 Commissioner Beattie stated there seems to be sentiment from the residents that a park would be more appropriate for this property and stated that the Planning and Zoning Commission cannot decide at this level what uses would be more appropriate and can only respond to the request presented before them. The Village Board would be the appropriate forum to discuss the park, if the residents can get enough support together with the park district to explore that possibility. Chairman Donnelly stated a park would also increase traffic, there would be required parking and a driveway proposed along Algonquin Road. Mr. Ormos pointed out that Kopp Park has no parking. Chairman Donnelly stated that if a park was built on that property today, parking would be required. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Weir to recommend approval of the following motions: Adopt staff's findings as the findings of the Planning and Zoning Commission, and recommend approval of: 1. A zoning map amendment from R -X Single -Family Residential to R-4 Multi -Family Residence at 2040 West Algonquin Road; and 2. A conditional use for a preliminary and final residential planned unit development consisting of one (1) principal building used for senior housing, subject to the conditions listed in the staff report. UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Donnelly NAYS: Mizwicki, Miller The motion was approved by a vote of 4-2, with a positive recommendation to the Village Board for the scheduled meeting on September 20, 2022. After hearing one more case, and seeing no citizens to be heard for non -agenda items, Commissioner Beattie made a motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 9:27 PM. Ann Choi Development Planner Planning & Zoning Commission Meeting— September 8, 2022 PZ -18-22 132 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT AND ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 2040 WEST ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Wyllys Mann of MVAH Partners, ("Petitioner'), is seeking a preliminary and final planned unit development and a zoning map amendment from R -X Single -Family Residence to R-4 Multi -Family Residence for the property 2040 West Algonquin Road legally described as: THE EAST 107.15 FEET OF THE WEST 692.40 FEET (MEASURED ALONG A LINE PARALLEL WITH THE NORTH LINE) OF THAT PART LYING SOUTH OF THE NORTH 388.70 FEET OF LOT 2 IN EDWARD BUSSEE'S DIVISION OF PART OF THE SOUTHEAST 1/4 SECTION 15 AND PART OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT FROM AFORESAID TRACT OF LAND THE NORTH 315.00 FEET THEREOF), IN COOK COUNTY, ILLINOIS PIN: 08-15-400-047-0000; and WHEREAS, the Petitioner seeks a conditional use for a preliminary and final planned unit development to construct a four-story senior housing development consisting of forty-one (41) one bedroom units, twelve (12) two bedroom units, sixty-two (62) parking spaces and related site improvements; and WHEREAS, a Public Hearing was held on the request for a preliminary and final planned unit development and zoning map amendment from R -X Single -Family Residence to R-4 Multi - Family Residential being the subject of PZ -18-22, before the Planning and Zoning Commission of the Village of Mount Prospect on the 8th day of September 2022, pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 24th day of August 2022; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Conditional Use to allow a preliminary and final Planned Unit Development and Zoning Map Amendment from R -X Single -Family Residence to R-4 Multi -Family Residence would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR 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 Mayor and Board of Trustees of the Village of Mount Prospect grant the following: 1. A zoning map amendment from R -X Single -Family Residential to R-4 Multi -Family Residence at 2040 West Algonquin Road; and 2. A conditional use for a preliminary and final residential planned unit development (PUD) consisting of one (1) principal building used for senior housing subject to the following conditions of approval: 133 a. Approval of the preliminary and final planned unit development is expressly conditioned on the successful IDOT permitting of an Algonquin road access point that has been approved by Village Staff; b. The Petitioner shall provide an easement granting pedestrian cross access between the subject property, John Jay Elementary School (District 59), and the property to the east of the subject property, in a form acceptable to the Village; c. The Petitioner shall make good faith efforts to coordinate with PACE to determine the ideal location of and make improvements to the PACE bus stop in front of the subject property; d. The Petitioner shall address all comments included in the Village review letter dated August 29, 2022; e. Development in general conformance with the plans prepared by Manhard Consulting, Ltd, bearing the latest revision date of 08-18-22; architectural drawings prepared by BDCL Architects, PC, bearing the latest revision date of 08.30.22; f. Submittal of landscape, tree inventory, irrigation, and photometric plans that comply with Village codes and regulations; g. Compliance with all applicable development, fire, building, and other Village Codes and regulations; h. Petitioner shall provide a complete building code analysis during the permitting process which shall comply with the requirements set forth in the adopted building codes and amendments as adopted by the Village; i. All ground and rooftop mounted mechanical equipment shall be screened according to Village Code; j. All proposed signage shall meet the applicable requirements of Chapter 7 of the Village Code, unless otherwise noted in the PUD request; k. Elevations and building materials should be noted; I. The property owner shall maintain all stormwater management facilities in accordance with the Operation and Maintenance Plan to be approved with the permit documents, and shall provide documentation to the Village annually confirming the required maintenance activities have been performed; m. All necessary permitting, including but not limited to, IEPA, MWRD, IDOT permits, shall be applied for an obtained. 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 20th, day of September 2022. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk 134