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HomeMy WebLinkAbout5. OLD BUSINESS 04/15/2008 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 8, 2008 SUBJECT: PZ-31-06 - MAP AMENDMENT AND CONDITIONAL USE 1700 E. EUCLID AVE., 1303 WOLF ROAD, AND PORTION OF OF-WAY - GENDELL PARTNERS The Village Board reviewed the Petitioner's proposal to construct a new commercial development at the no east corner of the intersection of Wolf Road and Euclid Avenue most recently at their December 18, 2007 meting. This matter has been deferred for several months to provide the petitioner time to satisfy the NWC's concerns related to construction over their 48" water main located on the property. The Petitioner has reached a verbal agreement with the Northwest Water Commission regarding their easement rights through the property and revised the building elevations in response to concerns from the Evanston Northwest Healthcare Medical Group (one of the center's primary proposed tenants). The attached packet includes: · The latest site plan; . Revised elevations; and . The proposed signage package, As you recall, during the September 27, 2007 Planning & Zoning Commission hearing the Commission voted to approve the project and attached several conditions to their approval, which the Petitioner has reviewed and accepted. Staff is supportive of the proposed changes to the building elevations. If approved by the Village Board, Staff recommends that a condition be added to the recommendation that a formal agreement be executed between the Petitioner and Northwest Water Commission prior to the issuance of any development permits for the project. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 15, 2008 meeting. Staff will be present to answer any questions related to this matter. William J. H IPLANIPlannlng & Zoning COMMIP&Z 20081ME! MemoIPZ-31-06 ME! MEMO III (NEC Wolf - Euclid).doc Village of Mount Prospect Community Development Department , Mount Prospect r MEMORANDUM ~ FROM: DIRECTOR OF COMMUNITY DEVELOPMENT TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: SUBJECT: OCTOBER 12, 2007 PZ-31-06 - MAP AMENDMENTN ARIA nONS/CONDITIONAL USE 1700 E. EUCLID AVE., 1303 WOLF ROAD, AND COMED ROW GENDELL PARTNERS - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-31-06, a request to rezone a portion of the CornEd right-of-way, setback and building height variations, and Conditional Use approval for a drive-thru, as described in the attached staff report. The Planning & Zoning Commission heard the request at the September 27, 2007 meeting. The Subject Property is located at the northeast comer of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties and a portion of the Commonwealth Edison right-of-way (ROW). The Petitioner proposes to resubdivide the properties and construct a 2-story, 23,200i square foot commercial/retail center. Relief is required from the Village's zoning regulations, and the Petitioner has requested Variations for the proposed setbacks and building height. The Planning & Zoning Commission discussed the project at length and found that the proposal is in keeping with the recently adopted Comprehensive Land Use Plan. However, minor changes to the landscape plan were necessary. The Commissioners questioned the Petitioner on the proposed building height and learned the requested 36'4" height was necessary to screen the mechanical equipment. Also, reliefwas being sought from the 10' perimeter setback requirements because the drive-thru includes an 'escape lane' as requested by the Village's Traffic Engineer and there is a significant water main which limits shifting the building east, to meet the setback requirement. The Commission discussed requiring the Petitioner install a bike path in the CornEd ROW to connect the train station to the proposed development. There was discussion concerning the path's location, intended users, and necessary approvals. The Petitioner stated he agreed to the conditions listed in the Staff Report, which includes installing sidewalk along Wolf Road and participating in a cost-sharing program with Prospect Heights to install sidewalk from the project site to the train station, which is located in Prospect Heights. However, the Petitioner stated he could not commit to installing a bike path in the CornEd ROW because CornEd's approval was necessary. The Petitioner also stated that he could not commit to installing a bike path along the Wolf Road ROW because he and his design team did not know the ROW dimensions, or whether lOOT would allow the proposed improvements as Wolf Road is under their jurisdiction. The Commission stated that a bike path would be beneficial to the area, but that the contiguous sidewalk as proposed and agreed to by the Petitioner would meet the immediate needs of the community until Staff could contact Prospect Heights and Com Ed and verify whether a bike path in this area was possible. PZ-31-06 October 12, 2007 Page 2 Per Village Code, the Petitioner is responsible for the entire cost of sidewalk along the perimeter of the project area. Staff had previous conversations with the Petitioner concerning the installation of a sidewalk beyond the project area limits that would link the development to the train station located in Prospect Heights. In these previous conversations, the Petitioner agreed to pay 50% of the cost, up to $50,000, to install sidewalk along Wolf Road, in Prospect Heights. Staff recommends the $50, 000 dollar amount be noted as a condition of project approval. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve the: I) map amendment, 2) building and setback Variations, and 3) Conditional Use approval for a drive-thru necessary to construct a commercial/retail center with a drive-thru, subject to the conditions listed in the Staff Report and the conditions listed below, for the properties located at the northeast corner of Wolf Road and Euclid Avenue, Case No. PZ-31-06. 1. Extend parkway trees and landscaping to the end of the project property lines; 2. The drive-thru lane cannot be used as a de-facto loading zone; 3. Modify all plans to correctly reflect the requested Variations (elevations, site plan, landscape plan, engineering); and 4. Modify Map Amendment Approval # I.b to read: The Petitioner shall participate in a cost sharing program, up to $50, 000, to install sidewalk from the Subject Property to the adjacent train station. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 16, 2007 meeting. Staff will be present twii:.l: ~uestions related to this matter. William J. coo~ MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-31-06 Hearing Date: September 27, 2007 PROPERTY ADDRESSES: 1303 Wolf Road & 1700 E. Euclid (Northeast Comer of Wolf and Euclid) PETITIONER: Gendell Partners Euclid & Wolf, LLC / Dan Wander PUBLICATION DATE: August 8, 2007 PIN NUMBER: 03-25-300-0]4-0000,03-25-300-0]6-0000, 03-35-300-0] 1-0000 REQUEST: ]) Map Amendment, 2) Conditional Use approval, and 3) Variations MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBERS ABSENT: Mary McCabe STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Dan Wander, Luay Aboona, Todd Shaffer, Peter Uliasz, Jeff Glenner Chainnan Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the July 26, 2007 meeting and Joe Donnelly seconded the motion. The minutes were approved 3-0, with Marlys Haaland, Ronald Roberts, and Keith Youngquist abstaining. After hearing one previous case, Chainnan Rogers introduced Case PZ-31-06, a Map Amendment, Conditional Use approval and a Variation at 1303 Wolf Road at 8:20 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located at the northeast corner of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties and a portion of the Commonwealth Edison right-of-way (ROW) with related improvements. Two of the Subject Properties are zoned B4 Commercial Corridor, and the ComEd ROW is zoned CR Conservation Recreation. The Subject Property is adjacent to the Wisconsin Central Rail Road line to the north and east, and is across the street from RX Single Family and CR to the west, and R] Single Family and B3 Community Shopping are located to the south, across Euclid Ave. Ms. Connolly said the Petitioner proposes to resubdivide the properties and construct a 2-story, 23,000+ square foot commercial/retail center. In order to do so, the ComEd Right of way has to be rezoned and.the project site has to be consolidated to a one-lot subdivision. The Petitioner submitted a plat of re-subdivision that indicates that the proposed Lot ] contains the commercial/retail center and the proposed Lot 2 is the remaining CornEd ROW. She said the Petitioner has entered into a long-tenn ground lease with ComEd, and the Petitioner owns the areas noted as Parcel] and 2 on the plat, whereas Com Ed will retain ownership of its ROW listed as Parcel 3. Also, relief is required from the Village's zoning regulations, and the Petitioner has requested variations for the proposed setbacks and building height. Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 2 Ms. Connolly stated that the Petitioner's site plan indicates the site will be modified, allowing for right-inlright- out only access from Euclid Avenue, and full access from Wolf Road. The site plan indicates the proposed building will be located closest to the Wolf/Euclid frontages, with a drive-thru lane along the perimeter ofthe west and south elevations of the building; parking for the entire development will be located north and east of the building. Ms. Connolly said the proposed building complies with the Village's required setbacks and the site is below the 75% lot coverage limitation. She showed a table noting the proposed perimeter setbacks are less than the required lO-feet in some areas which requires relief along the north lot line, and along sections of the west and south lot lines. Ms. Connolly stated that the Petitioner's submittal indicates multiple tenants will occupy the building, however not all leases have been finalized. Therefore, the Petitioner's parking analysis is based on anticipated leases, and the actual leased spaces may differ. Ms. Connolly said the site plan shows that 127 spaces will be provided, and the Petitioner is not seeking a parking Variation. Therefore, the site will be required to comply with the Village's parking requirements. She showed a table reflecting the Village's parking requirements, the Petitioner's anticipated tenants, and the required amount of on-site parking. The table shows the site will meet the Village's parking requirement subject to the second restaurant being a sit-down restaurant instead of the fast-food restaurant without a drive-thru as noted on the Petitioner's parking analysis table. Ms. Connolly stated that the Petitioner prepared elevations for the proposed buildings. The revised building height measures 36-feet, 4-inches from grade. The additional height is necesslll)' for screening purposes and the majority of the building measures closer to 29-feet from grade. However, a Variation is necesslll)' because the maximum building height in the B4 District is 3-stories or 30-feet, whichever is less, and the proposed height is 36-feet, 4-inches. Ms. Connolly said the Petitioner submitted a landscape plan that includes a variety of plant species. The perimeter ofthe property includes year-round plantings and lawn. Due to the high traffic volume and speed along Wolf and Euclid, Staff suggests replacing the lawn with a salt-hardy ground cover material that requires minimal maintenance. In addition, there is an opportunity to include additional low-growing plantings along the south lot line which will also enhance that view by minimizing the impact of the drive-thru window. Ms. Connolly stated that the Petitioner's plans call for the installation of two trash enclosures. Details on the trash enclosures were not submitted and the enclosures will be located along the north lot line, in the required IO-foot setback. Staff does not object to the proposed locations because the adjacent property is the CornEd ROWand it will not be obvious how close the enclosures will be to the lot line. However, Staff recommends the Petitioner construct the 3-sided enclosures out of a brick material that matches the building or at least a smaller size colored CMU material. The enclosures are required to have a 6-foot tall gate on the 4th side. The Petitioner submitted a traffic study, which the Village's Traffic Engineer reviewed. The Traffic Engineer had minor comments which relate to: I. The Traffic Impact Study showing an increase in delay with several of the individual movements at the intersection of Wolf Road and Euclid Avenue. Therefore, the developer must contact the Illinois Department of Transportation (lOOT) to determine if timing modifications need to be made to provide the optimal timing program taking into account the additional traffic. 2. Also, the site plan shows the proposed Wolf Road driveway to be located within the limits of the southbound left-turn taper along Wolf Road. Consequently, the developer must contact lOOT Richard Rogers, Chainnan Planning & Zoning Commission Meeting September 27,2007 PZ-31-06 Page 3 to detennine if any pavement marking modifications need to be made so as to prevent a conflict between left turning vehicles into the site and vehicles turning left at Euclid Avenue. Ms. Connolly said the Petitioner submitted a lighting plan for the parking lot. The plan indicates the proposed light levels for the commercial development. While the light levels listed on the plan are within the Village's limitations, the unifonnity ratios, which relates to the spacing of the light fixtures, do not comply with code, which could create dark spots. Also, parking lot light and wall mounted fixture infonnation was not provided. The Petitioner is not seeking relief from the Village's lighting regulations and is required to modify the plan to comply with the Village's regulations. Ms. Connolly stated that the Petitioner's site plan indicates two freestanding signs will be installed, which is allowed per the Village's Sign Code because the project has frontage on two streets. One freestanding sign would be located north of the Wolf Road driveway and the second would be located east of the Euclid Avenue driveway. The infonnation submitted indicates the size of the both freestanding signs appears to comply with the Village's Sign Code regulations, but the Wolf Road sign would be located within the required to-foot sight triangle. The sign needs to be relocated to ensure its location complies with the Village's Sign Code regulations. In addition to the freestanding signs, the Petitioner's elevations indicate wall signs for each tenant; compliance for those signs will be confirmed at time of sign permit application. The proposed development (Lot I) would be zoned B4 Commercial Corridor; the CornEd ROW (Lot 2) would retain its CR District designation and remain unimproved. She showed a table summarizing the proposed and required bulk regulations for the B4 District and that the proposed development requires Variations from the perimeter parking lot setback and building height. Ms. Connolly said the standards for a Variation are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Variation. These standards relate to: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. Ms. Connolly stated that the Subject Property has an irregular shape and the building was designed so it would not be located under the ComEd lines. While the building itself complies with the Village's bulk regulations, the site does not have the required 10-foot landscape setback along all four sides of the Subject Property. Also, the building height was increased for screening purposes and to provide architectural interest. The proposed development was designed to minimize the scope and number of Variations and still create a viable retail development in an underserved area of the Village. The location of the CornEd lines and the shape of the Subject Property creat~ challenges in complying with the Village's zoning regulations. However, increasing the quantity and quality of the perimeter landscaping as previously noted would mitigate the impact of setbacks less than to-feet. Also, the intention of the additional building height is to protect the public welfare and neighbor character. Ms. Connolly said in order to approve the proposed drive-thru, the request has to meet the standards for a Conditional Uses, as listed in the Zoning Ordinance. These standards relate to: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 4 . 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. Ms. Connolly stated that the Petitioner's plans include closing two of the four existing drives and locating the driveway in a manner that ensures safe access. Also, signage and striping will be added to ensure vehicles know how to access the drive-thru. The Village's Traffic Engineer reviewed the proposal and only had minor comments. In addition, the drive-thru is located over 300-feet from the cloSest house, with a gas station being located closer to the homes than the drive-thru. Ms. Connolly said the property is located along a commercial corridor. The Subject Property is adjacent to the Wisconsin Central Rail Road line, and is across the street from Single Family homes and a church to the west, and Single Family homes and a gas station to the south. The Comprehensive Land Use Map designates the subject properties as Neighborhood Commercial, which the proposal is in keeping with. Also, the proposed B4 zoning designation is noted for the Neighborhood Commercial designation. Ms. Connolly stated that the development is located in close proximity to a train station. Currently, the area lacks a pedestrian connection from the Subject Property to the train station. Based on the information submitted by the Petitioner, it is reasonable to expect that train commuters would patronize the coffee shop en route to the train station. Consequently, requiring the Petitioner to participate in a cost sharing program with Prospect Heights to install sidewalk from the Subject Property to the train station would ensure the development complies with the goals and objective of creating pedestrian access and linkages through out the Village (the Petitioner is required by code to provide sidewalk for the Subject Property). Subject to providing the ped-Iink, the request is in keeping with the VilJage's recently adopted Land Use Map and Comprehensive Plan. Ms. Connolly said the standards for Map Amendments are listed the Zoning Ordinance. When a Map Amendment, or commonly referred to as rezoning a property, is proposed, the Planning and Zoning Commission has to find that the rezoning request would be; . Compatible with existing uses and the zoning classifications of property within the general area of the property in question; . The pennitted uses listed in the proposed zoning classification would be compatible with the surrounding property; . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistent with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Connolly stated that two of the properties are currently zoned B4; however a portion of the ComEd ROW requires rezoning from the CR District to the B4 District. The request and proposed development would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property . Ms. Connolly said the proposed development meets the Map Amendment, Variation, and Conditional Use standards contained in the Zoning Ordinance, subject to the Petitioner addressing items noted in the Staff report. Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion for the Richard Rogers, Chairman . Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 5 properties located at the northeast comer of Wolf Road and Euclid Avenue (1700 E. Euclid A venue, 1303 Wolf Road, and a portion of the ComEd right-of-way): "To approve: I) A Map Amendment to rezone portions of the Com Ed ROW from CR Conservation Recreation to 84 Commercial Corridor subject to: a. Obtaining approval from ComEd for the project; b. The Petitioner participating in a cost sharing program to install sidewalk from the Subject Property to the adjacent train station. 2) Setback Variations to allow less than a 10-foot landscape setback along the perimeter of the property as shown on the Petitioner's site plan prepared by OKW Architects dated August 28,2007: Pro osed Perimeter Setback North South East West 4' - Re uires Variation A roval 7' at narrowestsetback - Re uires Variation A roval 10' (com lies 7' at narrowest setback - Re uires Variation A roval 3) Variation approval to allow a building height of36'4" as shown on the Petitioner's revised elevations prepared by OKW Architects dated August 28, 2007; 4) Conditional Use approval of a drive thru subject to the following: a. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated to store storm water detention. b. Wolf Road is under the jurisdiction of the Illinois Department of Transportation and Euclid Avenue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. c. Development of the site in general conformance with the site plan prepared by OKW Architects dated August 28,2007 but revised to include 3-sided enclosures constructed from a brick material that matches the building or a smaller size, colored CMU material. d. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated August 28, 2007, but revised to include more low-growing, year-round plants along the south lot line. e. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete .the required Plat of Resubdivision, which creates the proposed two lots of record and shall include an easement over the 36" water transmission main, upon receipt of that information from the Northwest Water Commission. f. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north ofthe proposed Lot 1. g. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. h. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must done as noted in Sec. 15.402 of the Village Code." Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 6 The Village Board's decision is final for this case. Chairman Rogers thanked Staff for their comprehensive report. Keith Youngquist asked if the only full access is on Wolf Road. Ms. Connolly confirmed and added that the entrances and exits were designed to least impede traffic patterns in that area. Chairman Rogers asked if the Subject Property would be consolidated into one lot of record. Ms. ConnolJy stated that the property would be two lots of record; the ComEd Right of Way and the proposed development. She showed exhibits displaying the proposed two lots of record. Joseph Donnelly asked if there is a menu board proposed for Starbucks. Ms. Connolly said the Petitioner would be allowed to have a menu board. Mr. Donnelly said he would like to see that menu board located away from the street side. He said the menu board should have been presented as part of the complete package. Chairman Rogers asked about the proposed signage for the tenants at the center. Ms. Connolly said the Sign Code does allow for display of up to six tenant names on the identification sign. Chairman Rogers swore in Dan Wander of Terra co, Inc.8707 Skokie Boulevard, Skokie, Illinois, Luay Aboona of KLOA Inc. 9575 W. Higgins Road, Rosemont Illinois, Todd Shaffer of Haeger Engineering 1300 North Plum Grove Road, Schaumburg, Illinois, and Peter Uliasz of OKW Architects, 600 West Jackson Street, Chicago, lIIinois. Mr. Wander thanked Staff for a comprehensive presentation. He gave a brief overview of the project and stated that this project has been years in the making. Terraco is looking forward to developing an under-served area of the Village. He gave a brief history on the lease agreement and land ownership. He showed a site plan demonstrating the location of the power lines, the proposed buildings, and parking. Mr. Wander stated he would like to address the conditions of approval as presented by Staff. He said they have met with Prospect Heights and have made monetary commitments for the future development of pedestrian sidewalks to the Prospect Heights train station. He stated they would work with IDOT to secure the necessary permits for curb cuts. Terraco is willing to abide by the Village requirements for landscaping and screening. Mr. Wander stated that they have secured a lease with Starbucks; however that project is not far enough along to discuss the details of the menu board. Mr. Uliasz gave a brief synopsis of the project. He said the high-tension wires going over the Subject Property, added height restrictions to the building, forcing them to locate the building closer to the west lot line. The building placement was dictated by the constraints of the lot. He stated the curb cuts, drive thru lanes, and parking orientation were all dictated by street traffic and the railroad crossing. Mr. Uliasz gave an overview of the proposed signage, trash enclosure locations, and lighting for the project. He also summari1.ed the proposed landscaping plan. He stated that the high-tension lines running over the site have limited the height of light poles and tress that can be placed on the property. Mr. Uliasz said aside from Starbucks, they are looking at securing national tenants for the lower level and a medical clinic for the second floor. He showed elevations of the project, with a distinct second floor to distinguish the medical office building from the first floor retail. He showed examples of the proposed fa~de materials to the Commission. Chairman Rogers asked if the stucco-material is drivel. Mr. Uliasz confirmed that the material is not drivet. He said it is on insulation board and has a nice texture. Chairman Rogers asked why the landscaping was not continued all the way to the railroad tracks or to the tip of the ''triangle.'' Ms. Connolly clarified that the Village Forester will determine how many parkway trees can be planted on site and the developer is financially Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-3l-06 Page 7 responsible for providing parkway trees every 40 feet. Mr. Uliasz said they are agreeable to planting whatever trees are required or suggested by the Village Forester. There was general discussion regarding planting trees in various areas on the proposed site. Chairman Rogers reiterated the need for parkway trees all the way to the railroad tracks. Chainnan Rogers stated that the Village Code has requirements and restrictions to signage and he wants Starbucks to be aware of these restrictions. Mr. Donnelly said Prospect Heights has a bike trail running along the tracks into the parking lot. He asked if they are going to make the sidewalk an additional 3-feet wide to accommodate the bike path. Mr. Wander said they had only discussed the sidewalks at this point. Mr. Shaffer said the sidewalk width will need to be coordinated with Mount Prospect and the adjacent municipality. Chairman Rogers said there is a need to connect the Subject Property to the bike path. Mr. Donnelly stated there is a push to have additional bike paths along the power lines. He said he would like the bike path issue addressed. Mr. Wander said it would be limiting to try and accommodate both a sidewalk and bike path. He said discussions with Prospect Heights did not include a bike path. Ms. Connolly said she is not sure if there is enough physical space to allow the 8-foot pathway in the Wolf Road ROW. Chairman Rogers stated that he would like the possibility of a bike path discussed with the developer. Mr. Donnelly asked about headlight screening from the drive thru lane. Mr. Uliasz said the proposed landscape screening should be sufficient to screen headlights from the street. Keith Youngquist stated that the plans show the second egress doors will be along the drive thru lane and asked if the deliveries are anticipated through the front entrances. Mr. Uliasz said the tenants will be receiving small deliveries such as FedEx through the front entrances. Mr. Youngquist asked for clarification on the trellis element. He said the elevations are unclear as to the size of the trellis. Mr. Uliasz stated that the trellis would start near the drive thru window, tie into the corner of the building, and project out on the east side of the building for the outdoor dining area. The trellis over the drive thru lane is cantilevered and there is no support column for that part of the trellis. There was general discussion regarding the building materials and the elevator/mechanicals screening. Mr. Donnelly asked if this is a LEEDS building. Mr. Uliasz said no. There was general discussion regarding the roof elevations and the elevator mechanicals. Mr. Uliasz said the roof height at the coping ranges from 33.4 feet on the south end to 30.4 feet on the north end. Mr. Youngquist asked if all the mechanicals can be accommodated at one end of the building. Mr. Uliasz said the sloping design of the building would allow additional mechanicals to bescreened if necessary, behind the parapet wall. Chairman Rogers asked if the second floor is office space or clinic space. Mr. Wander said it is slated to be medical office use; including appointments. Ms. Connolly said the parking has been calculated to accommodate a medical clinic use. Mr. Donnelly asked again if Terraco is purchasing the CornEd property. Mr. Wander stated that they have made a 99-year ground lease agreement with CornEd. Terraco will be paying the property taxes. There was additional discussion on the lots of record and the 99-year ground lease agreement. Mr. Donnelly asked if the lower power line going over the east end of the Subject Property will still feed the residential area south of the Subject Property. Mr. Wander said that power line is being relocated and as far as he knows, will continue to service the residential areas. Chairman Rogers had questions regarding water detention. Mr. Shaffer said the drainage on the site runs from north to south. Their proposal does not require detention from MWRD, but the municipality does. They are providing a combination of underground storage and parking lot storage. Chairman Rogers asked how large of an area this covers. Mr. Shaffer showed the area of the parking lot where the underground water detention would be located. Mr. Shaffer said Illinois American Water serves this area of the Village and they have contacted them to provide service to this property. Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-3 ] -06 Page 8 Mr. Donnelly asked if the Fire Department has reviewed the plans for truck access. Ms. Connolly confirmed that the Fire Department has reviewed and approved the plans. Chairman Rogers called for further questions; hearing none, the public hearing was closed at 9:44 p.m. Keith Youngquist made a motion to approve Map Amendments, a Conditional Use, and Variations at 1303 Wolf Road as presented by Staff, with the additional conditions as follows: ] . The landscaping will be extended to the edges ofthe property; 2. The drive thru lane cannot be used as a default loading zone; and 3. The Petitioner will provide revised elevations and site plans to the Village Board. Marlys Haaland seconded the motion UPON ROLL CALL: A YES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. After hearing four additional cases, Joseph Donnelly made a motion to adjourn I ] : 17 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant ., ll.l,-, Uly!\:n(-; and ~..:H :o;).s':k(li,.'\"l.;;\j . (I..:dl S(~uln~:~...'~ T(':n~pflr:1rY hH\.~rnct r ii~..;~t' H K{,H'~P?~31~1)(; I_~().~ 'y,/lllf \lot: TERRACO. INC. 8707 Skokie Boulevard Suite 230 Skokie. Illinois 60077 Real Estate Development & Management 847.679.6660 Fax 847.679.6695 info@TerracoReaIEstate.com www.TerracoReaIEstate.com October 6, 2007 VIA EMAIL AND. REGULAR MAIL ~ l....i ~ ~t'"'~1 ~) ,-\.e. William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: Request for Waiver of Second Reading NEe Wolf Road and Euclid Avenue Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our requests for rezoning a portion of the Subject Property, Variations, and a Conditional Use for a drive-thru for the above referenced property by a 6-0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading October 16,2007. We are requesting that the Village Board waive the second reading, tentatively scheduled for November 6, 2007, and take final action at the October 16, 2007 meeting. We are eager to start the project as soon as possible and we look forward to working with you in the near future. We appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847.679.6660. Sincerely, 111 t,- I Jeffrey B. Glenner Gendell Partners Euclid & Wolf, LLC ..". '/ /,T -? /~ ;/p~.'- /;-.;;~- Daniel J. Wander Gendell Partners Euclid & W olf,LLC Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-31-06 Mount LOCATION: PETITIONER: OWNERS: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUESTS: 1700 E. Euclid Ave., 1303 Wolf Road, and portion of CornEd right-of-way Gendell Partners Euclid & Wolf, LLC / Dan Wander Commonwealth Edison, S & B Industries, McLennan Co. 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000 5.54 acres (Lot 1: 2.16 acres / Lot 2: 3.38 acres) B4 Commercial Corridor and CR Conservation Recreation. Vacant commercial properties and CornEd right-of-way (with overhead lines) 1) Map Amendment, 2) Conditional Use approval, and 3) Variations LOCATION MAP E EVCUO AV MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIR FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: SEPTEMBER 20,2007 HEARING DATE: SEPTEMBER 27,2007 SUBJECT: PZ-31-06 - MAP AMENDMENT AND CONDITIONAL USE 1700 E. EUCLID AVE., 1303 WOLF ROAD, AND PORTION OF COMED RIGHT- OF-WAY-GENDELLPARTNERS BACKGROUND A public hearing has been scheduled for the September 27, 2007 Planning & Zoning Commission meeting to review the application by Gendell Partners (the "Petitioner") regarding the properties located at 1700 E. Euclid Ave., 1303 Wolf Road, and a portion of the CornEd right-of-way (the "Subject Property"). The Petitioner is seeking: I) Map Amendment, 2) Conditional Use approval, and 3) Variations to construct a retail center with a drive-thru. The P&Z hearing was properly noticed in the August 8, 2007 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the northeast comer of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties (the former commercial buildings were recently demolished) and a portion of the Commonwealth Edison right-of-way (ROW) with related improvements. Two of the Subject Properties are zoned B4 Commercial Corridor, and the CornEd ROW is zoned CR Conservation Recreation. The Subject Property is adjacent to the Wisconsin Central Rail Road line to the north and east, and is across the street from RX Single Family and CR to the west, and RI Single Family and B3 Community Shopping is located to the south, across Euclid Ave. SUMMARY OF PROPOSAL The Petitioner proposes to resubdivide the properties and construct a 2-story, 23,2002: square foot commercial/retail center. In order to do so, the CornEd ROW has to be rezoned and the project site has to be consolidated to a one-lot subdivision. The Petitioner submitted a plat of re-subdivision that indicates that the proposed Lot I contains the commercial/retail center and the proposed Lot 2 is the remaining CornEd ROW. The Petitioner has entered into a long-term ground lease with CornEd, and the Petitioner owns the areas noted as Parcell and 2 on the plat, whereas Com Ed will retain ownership of its ROW listed as Parcel 3. Also, relief is required from the Village's zoning regulations, and the Petitioner has requested variations for the proposed setbacks and building height. The various elements of the Petitioner's proposal are outlined below: PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 3 Site Plan The proposed site plan indicates two of the four existing driveways will be eliminated, allowing for right-in/right- out only access from Euclid Ave., and full access from Wolf Road. The site plan indicates the proposed building will be located closest to the Wolf/Euclid frontages, with a drive-thru lane along the perimeter of the west and south elevations of the building; parking for the entire development will be located north and east of the building. The proposed building complies with the Village's required setbacks and the site is below the 75% lot coverage limitation. The following table lists the proposed perimeter setbacks and the Village's required minimum setback. The table shows that the project requires relief from the to' perimeter landscape setback requirement along the north lot line, and along sections of the west and south lot lines. 10' Perimeter Landsca e Setback Re uired Pro osed Perimeter Setback North South East West 4' - Re uires Variation A roval 7' at narrowest setback - Re uires Variation A oval 10' (com lies 7' at narrowest setback - Re uires Variation A roval Lot Covera e 75% maximum allowed /73% ro osed Parking Sec. 14.2224 of the Village Code lists parking regulations, which are based on the proposed use. The Petitioner's submittal indicates multiple tenants will occupy the building, but Staff understands all leases have not been finalized. Therefore, the Petitioner's parking analysis is based on their anticipated leases, and the actual leased spaces may differ. There appears to be an oversight on the Petitioner's parking information table: when the Village's parking regulation is applied to Tenant 6, the number of parking spaces for Tenant 6 increases to 25 spaces instead of the Petitioner's anticipated need of 19 parking spaces. Consequently, the site needs 130 spaces per Village Code, but only 127 spaces will be provided. However, the calculations for Tenant 4 may be adjusted, depending on the actual tenant and whether the restaurant will include tables as opposed to being strictly a fast food restaurant. The following table reflects the Village's parking requirements, the Petitioner's anticipated tenants, and the required amount of on-site parking. The table shows the site will meet the Village's parking requirement subject to the second restaurant being a sit-down restaurant instead of the fast-food restaurant without a drive-thru as noted on the Petitioner's parking analysis table. The Petitioner is not seeking a parking Variation and the site will be required to comply with the Village's parking requirements. Pro osed Tenant/Use Pro osed Parkin Doctors' Office ENH 11,000 s . ft. Coffee Sho Starbucks 1,700 s . ft. Tenant 2 Retail 1,500 s . ft. Tenant 3 Retail 1,500 s . ft. Tenant 4 Restaurant 1,500 s . ft. TenantS Retail 2,200 s . ft. Tenant 6 Restaurant 2,200 s . ft. PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 4 Buildinl! Elevations The Petitioner prepared elevations for the proposed buildings. The 2-story building includes brick masonry accents, stucco and metal panels, and expansive windows on the first floor. A painted metal trellis was included for architectural interest. The building height measures 31 ' 11" from grade. The additional height is necessary for screening purposes and the majority of the building measures closer to 29' from grade. However, a Variation is necessary because the maximum building height in the B4 District is 3-stories or 30-feet, whichever is less, and the proposed height is 31' 11". Landscape Plan The Petitioner submitted a landscape plan that includes a variety of plant species. The perimeter of the property includes year-round plantings and lawn. Due to the traffic volume and speed along Wolf and Euclid, Staff suggests replacing the lawn with a salt-hardy ground cover material that requires minimal maintenance. In addition, there is an opportunity to include additional low-growing plantings along the south lot line which will also enhance that view by minimizing the impact of the drive-thru window. Trash Enclosures The Petitioner's plans call for the installation of two trash enclosures. Details on the trash enclosures were not submitted and the enclosures will be located along the north lot line, in the required lO-foot setback. Staff does not object to the proposed locations because the adjacent property is the CornEd ROWand it will not be obvious how close the enclosures will be to the lot line. However, Staff recommends the Petitioner construct the 3-sided enclosures out of a brick material that matches the building or at least a smaller size colored CMU material. The enclosures are required to have a 6-foot gate on the 4th side. Traffic The Petitioner submitted a traffic study, which the Village's Traffic Engineer reviewed. The Traffic Engineer found the following: 1. The Traffic Impact Study shows an increase in delay with several of the individual movements at the intersection of Wolf Road and Euclid Avenue. The developer must contact the Illinois Department of Transportation (IDOT) to determine if timing modifications need to be made to provide the optimal timing program taking into account the additional traffic. 2. The latest site plan shows the proposed Wolf Road driveway to be located within the limits of the southbound left-turn taper along Wolf Road. The developer must contact IDOT to determine if any pavement marking modifications need to be made so as to prevent a conflict between left turning vehicles into the site and vehicles turning left at Euclid Avenue. Parking Lot Lil!hting The Petitioner submitted a photometric plan that indicates the proposed light levels for the commercial development. The light levels listed on the plan are within the Village's limitations; however the uniformity ratios do not comply, which could create dark spots. Also, parking lot light and wall mounted fixture information was not provided. The Petitioner is not seeking relief from the Village's lighting regulations and is required to modify the plan to comply with Sections 14.314 and 14.2219 prior to submitting for permit. Simage The Petitioner's site plan indicates two freestanding signs will be installed, which is allowed per the Village's Sign Code because the project has frontage on two streets. One freestanding sign would be located north of the Wolf Road driveway and the second would be located east of the Euclid Ave. driveway. The information submitted indicates the size of the both freestanding signs appears to comply with the Village's Sign Code regulations, but the Wolf Road sign would be located within the required 10-foot sight triangle. Since the height PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 5 of the sign exceeds 3-feet, which is the maximum height allowed for a sign in a sight triangle, the proposed sign needs to be relocated to ensure its location complies with the Village's Sign Code regulations. In addition to the freestanding signs, the Petitioner's elevations indicate wall signs would be provided for each tenant. Wall sign compliance will be confinned at time of permit application. GENERAL ZONING COMPLIANCE The proposed development (Lot 1) would be zoned B4 Commercial Corridor; the CornEd ROW (Lot 2) would retain its CR District designation and remain unimproved. The following table summarizes the proposed and required bulk regulations for the B4 District. The table shows that the proposed development requires relief from the perimeter parking lot setback and building height. B4 Commercial Corridor Proposed Building Proposed Landscape Minimum Requirements Setbacks Lot 2 Setback Lot 2 SETBACKS: Front 30' 30' (south) 7' (south) Corner 30' 35' (west) 7' (west) Interior 10' 210' (east) 10' (east) Rear 20' 77' (north) 4' (north) Landscape Setback 10' BULIDING HEIGHT 30' mid-point 31 '11" LOT COVERAGE 75% Maximum 73% VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. The Subject Property has an irregular shape and the building was designed so it would not be located under the CornEd lines. While the building itself complies with the Village's bulk regulations, the site does not have the required 10' landscape setback along all four sides of the Subject Property. Also, the building height was increased for screening purposes and to provide architectural interest. The proposed development was designed to minimize the scope and number of Variations and still create a viable retail development in an underserved area of the Village. The location of the CornEd lines and the shape of the Subject Property create challenges in complying with the Village's zoning regulations. However, increasing the quantity and quality of the perimeter landscaping as previously noted would mitigate the impact of setbacks less than lO-feet. Also, the intention of the additional building height is to protect the public welfare and neighbor character. PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 6 CONDITIONAL USE STANDARDS The Petitioner's request to include a drive-thru requires Conditional Use approval. 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. The Petitioner's plans include closing two of the four existing drives and locating the driveway in a manner that ensures safe access. Also, signage and striping will be added to ensure vehicles mow how to access the drive- thru. The Village's Traffic Engineer reviewed the proposal and only had minor comments. In addition, the drive- thru is located over 300-feet from the closest house, with a gas station being located closer to the homes than the drive-thru. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along a commercial corridor. The Subject Property is adjacent to the Wisconsin Central Rail Road line, and is across the street from Single Family homes and a church to the west, and Single Family homes and a gas station to the south. The Comprehensive Land Use Map designates the subject properties as Neighborhood Commercial, which the proposal is in keeping with. Also, the proposed B4 zoning designation is noted for the Neighborhood Commercial designation. The development is located in close proximity to a train station. Currently, the area lacks a pedestrian connection from the Subject Property to the train station. Based on the information submitted by the Petitioner, it is reasonable to expect that train commuters would patronize the coffee shop en route to the train station. Consequently, requiring the Petitioner to participate in a cost sharing program with Prospect Heights to install sidewalk from the Subject Property to the train station would ensure the development complies with the goals and objective of creating pedestrian access and linkages through out the Village (the Petitioner is required by code to provide sidewalk for the Subject Property). Subject to providing the ped-link, the request is in keeping with the Village's recently adopted Land Use Map and Comprehensive Plan. MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; · The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 7 . 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. Two of the properties are currently zoned B4; however a portion of the CornEd ROW requires rezoning from the CR District to the B4 District. The request and proposed development would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. RECOMMENDATION The proposed development meets the Map Amendment, Variation, and Conditional Use standards contained in the Zoning Ordinance, subject to the Petitioner addressing items noted in the Staff report. Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion for the properties located at the northeast comer of Wolf Road and Euclid Avenue (1700 E. Euclid Ave., 1303 Wolf Road, and a portion of the CornEd right-of-way): "To approve: 1) A Map Amendment to rezone portions of the Com Ed ROW from CR Conservation Recreation to B4 Commercial Corridor subject to: a. Obtaining approval from CornEd for the project; b. The Petitioner participating in a cost sharing program to install sidewalk from the Subject Property to the adjacent train station. 2) Setback Variations to allow less than a 10-foot landscape setback along the perimeter of the property as shown on the Petitioner's site plan prepared by OKW Architects dated August 28,2007: Pro osed Perimeter Setback North South East West roval roval 3) Variation approval to allow a building height of 31' 11" as shown on the Petitioner's elevations prepared by OKW Architects dated August 28,2007; 4) Conditional Use approval ofa drive thru subject to the following: a. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated to store stormwater detention. b. Wolf Road is under the jurisdiction of the TIlinois Department of Transportation and Euclid A venue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. c. Development of the site in general conformance with the site plan prepared by OKW Architects dated August 28, 2007 but revised to include 3-sided enclosures constructed from a brick material that matches the building or a smaller size, colored CMU material. PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 8 d. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated August 28, 2007, but revised to include more low-growing, year-round plants along the south lot line. e. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record and shall include an easement over the.36" water transmission main, upon receipt of that information from the Northwest Water Commission. f. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. g. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. h. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must done as noted in Sec. 15.402 of the Village Code." The Village Board's decision is final for this case. I concur: ~~~h William J. Cooney, AI~P, Director of Community Development IiI H,IPLANlPlanning It Zoning COMMIPItZ 2007\S.atrManoIPZ-31-06 MEMO (NEe Wolf and Euelid - Rezone - OJ drive duu).doc October 15, 2007 COMMISSION MEMBERS Villages of: Arlington Heights Buffalo Grove Palatine Wheeling NORTHWEST WATER COMMISSION 1525 North Wolf Road Des Plaines, Illinois 60016-1181 TEL 847-635-0777 FAX 847-635-9244 Mr. Michael Janonis Village Manager Village of Mount Prospect 50 S. Emerson Street Mount ~r~sp~: IL 60056 Dear~ As you are aware, the Village of Mount Prospect has a petition before it (Planning and Zoning Case #PZ 31-06) concerning the development of 1303 Wolf Road (P.I.N. 03-25-300-016-0000, owned by Gendell Partners, LLC) and two adjacent parcels (p.I.N. 03-25-300-011-0000, owned by Commonwealth Edison and P.I.N. 03-25-300-014-0000, also owned by Gendell Partners, LLC). Parking for the main parcel (parcel #016) will actually be on the adjacent CornEd property (parcel #011). The development plan for this parcel calls for the construction of a parking lot, driveway, storm sewers, etc... Please be advised that the Northwest Water Commission has a longstanding utility easement agreement with CornEd in which the Commission purchased the rights to install and operate a 48 inch diameter water transmission main. This atypical CornEd easement agreement grants the Commission very specific rights with regards to development in the ComEd right of way area and specifically over the Commission's transmission main. The Northwest Water Commission has objected to this development to both the developer and Commonwealth Edison as we believe that the development as proposed is not in the best interests of the Commission because there is a risk of damage to the Commission's transmission main and impairment of our ability for unrestricted access to our pipeline. A copy of our objection letter to CornEd is attached. ..~ ~O~ ~ ~ ~~OO LBy I understand that the developer's petition is winding its way through Mount Prospect's approval process and I wanted to make you aware of the Commission's position. Should you have any questions, please contact me at the Commission (847) 635-0777. Sincerely, ~~ Executive Director Enclosure CC: General Counsel NORTHWEST WATER COMMISSION 1525 North Wolf Road Des Plaines, Illinois 60016-1181 TEL 847-635-07n FAX 847-635-9244 ~(Q)~W COMMISSION MEMBERS Villages of: Arlington Heights Buffalo Grove Palatine Wheeling October 12,2007 CER'.'llfJED MAIL. RETURN RECEIPT REOUESTED Commonwealth Edison Land Supervisor Real Estate Department P.O. Box 767 Chicago, IL 60690 Subject: Proposal for Construction in Proximity to Northwest Water Commission Water Main by Terraco, Inc. (Northeast Comer of Wolf Road and Euclid Avenue, Mount Prospect, IL) Ladies and Gentlemen: We have been advised by Messrs. Daniel Wander and Jeffi'ey B. Glenner ofTerraco, Inc. that Terraco, Inc. is proposing the construction of a new office and retail mixed use building at the northeast comer of Wolf Road and Euclid Avenue in Mount Prospect, including an extensive paved area that includes a parking lot and what appear to be various planting structures in the CornEd right-of-way east of the building site. As you know, the Northwest Water Commission ("Commission") holds easement rights in this right-of-way for its water transmission pipeline. On September 13,2007, we wrote to Mr. Wander to advise of the Commission's objections to this proposal. We have subsequently received copies of initial plans from Terraco but have not received sufficient detailed information from the company to enable us to fully evaluate the proposal in light of the serious public health and safety concerns presented by construction over the Commission's pipeline. We are concerned that it appears that this matter has been allowed to proceed through the Village of Mount Prospect's development process without addressing the Commission's concerns. In 1982, the Commission negotiated an easement agreement with CornEd for the installation and maintenance of the Commission's water pipeline within ComEd's right-of-way. Because this pipeline is the sole source of potable water for the Commission's four member communities, which together have a population of over 225,000, the Commission sought strong assurances from CornEd that the Commission's pipeline, once installed, would be fully protected from interference by subsequent construction within the CornEd right-of-way. After extended Commonwealth Edison October 12, 2007 Page 2 negotiations, CornEd finally acquiesced in protections that satisfied the Commission's needs. In return for granting those necessary rights, CornEd demanded and received from the Commission a payment of$5.S million. The rights of the Commission in controlling the right-of-way in which its water pipelines are located are found in the Easement Agreement and Supplemental Easement Agreement between the Commission and CornEd as well as in lllinois law. The Easement Agreement dated September 1, 1982, grants to the Commission the right "to install, construct, reconstruct, operate, maintain, alter, repair, replace and remove" a 60-inch underground water transmission main and related facilities (sometimes known as the "Pipeline") within a portion of the CornEd right-of-way known as the "Easement Property." The j'Easement Property" is defined to include the full width of various tracts of the CornEd right-of-way. The Easement Agreement incorporates by reference a "Supplemental Easement Agreement" by and between the Commission and CornEd, dated June 1, 1982. Pursuant to Section IX-A of the Supplemental Easement Agreement, the Commission is granted: . . . the right to enter upon, occupy and utilize, temporarily and from time to time, the entire Easement Property, except property within any substation fence, to the extent necessary for the construction, installation, reconstruction, replacement, repair, alteration, maintenance, operation or removal of the Pipeline provided that the timing of NWC's activity does not interfere with CECO's use of its property in the conduct of its utility operation or disrupt other public utility and pipeline company operations by those holding prior rights from CECO. In Section IX-B of the Supplemental Easement Agreement, CornEd covenants and agrees that: CECO . . . will not, in any manner disturb, damage, destroy, injure or obstruct the Pipeline; or obstruct or interfere with NWC, or its agents or employees or any of them in the exercise of any of the rights and privileges granted hereunder. . . . Finally, in Section IX-C of the Supplemental Easement Agreement, CornEd agrees that: Any future rights granted by CECa to others for installations on, over, under or within ten (10) feet of the centerline of said Pipeline shall be subject to the rights granted to NWC in the Easement Property and shall be consistent with sound engineering practices so as to provide adequate protection to the Pipeline. All of the above-quoted provisions were expressly bargained for (and paid for) when the Supplemental Easement Agreement was negotiated. They are not part of CornEd's standard Commonwealth Edison October 12, 2007 Page 3 easement agreement. Rather, these provisions give the Commission general rights in the entire CornEd right-of-way as well as specific rights within the area ten feet around the centerline of the Commission's pipeline. Any subsequently granted rights, such as those that may be granted to Terraco here, are subservient to the Commission's rights. Neither CornEd nor any subsequent grantee, such as Terraco, has the right to obstruct or interfere with the Commission in the exercise of its general rights to use the entire CornEd right- of-way from time to time as necessary to operate, maintain and replace its Pipeline. In addition, within ten feet from the centerline of the Commission's Pipeline, every subsequent grantee is subject to the following specific limitations: (l) The rights of the subsequent grantee are "subject to the rights granted to NWC . . ."; (2) The rights of the subsequent grantee must be exercised in a manner "consistent with sound engineering practices. . . "; and (3) The subsequent grantee must "provide adequate protection to the Pipeline. " It is clear that there are areas of the Easement Property on which Terraco proposes to add a sidewalk and other paved area, planter structures, parking lots, curb and gutter building and other structures, as well as up to three feet of fill over the Pipeline, that will interfere with the Commission's right to use the entire Easement Property where necessary when repair, maintenance, reconstruction or other authorized functions may arise. Construction of substantial improvements on the Easement Property is a potentially major interference in the Commission's rights, which it purchased pursuant to the Easement Agreement and Supplemental Easement Agreement. We urge CornEd to proceed carefully in its consideration of any proposal for this part of the Easement Property, where the Commission's Pipeline is buried just five feet below the surface, at a location approximately 20-25 feet east of the west line of the Easement Property. We will be happY to review and discuss with you any proposals that may be pending or proposed in the future, so that all such activity is in compliance with the Easement Agreement and Supplemental Easement Agreement and does not post any risk to the safety of the public water supply. Please contact me if you have any questions. ~ ~y yours, {/:.:rJ-och~ Executive Director ,.~t~ . Commonwealth Edison October 12, 2007 Page 4 cc: Craig Dixon, CornEd Barbara A. Adams, General Counsel ## 48S4498_vl .. TI PARAPET $ ELEV. + 31'-0" SECOND FLOOR $ ELEV. + 15'-2" WEST ELEVATION WOLF RD. & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. ~ OKW Architects DATE: 02.11.2008 PROJECT NUMBER: 04165 TI PARAPET $- ELEV. + 31' -0" SECOND flOOR $- ELEV. + 15'-2" SOUTH ELEVATION WOLF RD. & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. ~ OKW Architects DATE: 02.11.2008 PROJECT NUMBER: 04165 " , T/ PARAPET $- ELEV. + 31' -0" SECOND FLOOR $- ELEV. + 15'-2" NORTH ELEVATION WOLF RD. & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. ~ OKW Architects DATE: 02.11.2008 PROJECT NUMBER: 04165 T / PARAPET $- ELEV. + 31'-0" SECOND FLOOR ~ ELEV. + 15'-2" EAST ELEVATION WOLF RD. & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. cOO7 OKW Architects DATE: 02.11.2008 PROJECT NUMBER: 04165 _ 11'-0" " 1 '-8" 7'-9" 1 '-8" ~- -$ T I PYLON SIGN, (0+-,( 1 V "II. +12'-0"AI GRADE r _ ~ I ,..--------- J ..... STONE WALL CAP TO MATCH BUILDING. MTL. TRELLIS TO MATCH BUILDING ~INTERNALLY ~ ILLUMINATED SIGN BOX WI APPLIED GRAPHICS. SIZE: 7'-1" x 1'-4" 01 ..... , , N C:o ..... =-= as a EVANSTON - _ =- - NORTHWESTERN ~iS'Sa is HEALTHCARE PRECAST STOtilE ICONC. FINISH WALL MEDICAL GROUP LJ~OO&OOLJ LJ~OO&OOLJ -$ GRADE 0'-0" . o I N L 3'-0" _} 4'-9" ~ ~ 9'-0" ~ " II FRONT ELEVATION PYLON SIGN ON WOLF ROAD SCALE: 1/4"=1'-0" SINAGE PYLON ELEVATIONS WOLF ROAD & EUCLID AVE. MOUNT PROSPECT, ILLINOIS ALUM. TRIM BRICK MASONRY TO MATCH BUILDING SIDE ELEVATION ~I b ..I ...1 co C\I ..... b , N $ T I PYLON SIGN + 6'-10" AI GRADE PRECAST STONE ICONC. FINISH WALL $ GRADE 0'-0" TERRACO, INC. . I . o 0'1 , , C:o '=t tJ 2J-2" t 4'-9" h1, ~ 7'-10" ~ FRONT ELEVATION PYLON SIGN ON EUCLID AVENUE SCALE: 1/4"=1'-0" STONE WALL CAP TO MATCH BUILDING. MTL. TRELLIS TO MATCH BUILDING INTERNALLY ILLUMINATED SIGN BOX WI APPLIED GRAPHICS. SIZE: 7'-1" X 1'-4" ALUM. TRIM BRICK MASONRY TO MATCH BUILDING cfiw DATE: FEBRUARY 19, 2008 4'-0" 1i' - '1'-2" 1'-8" 1'_2,(1 1 ~-Jl~~ 0,1 0 , I '=t C:o -"< !I SIDE ELEVATION OKW Architects PROJECT NUMBER: 04165 PLANT LIST EUCLID AVENUE OUAN. BOTANICAL NAME SYMBOL COMMON NAME SIZE GREEN MOUNTAIN SUGAR MAPLE 25" BB RED SUNSET MAPLE 25" BB FRONTYARD LINDEN 25" BB SKYLINE HONEYLOCUST 4.0" BB REGAL PRINCE OAK 30" BB ACCOLADE ELM 25" BB SERVICEBERRY 8' CLUMP B.B PRARIEFIRE CRABAPPLE 8' HIBB SUGAR TYME CRAB 8' HTBB SEA GREEN JUNIPER 24" BB ANDORRA COMPACT JUNIPER 24" WIDTH BB ISANTI DOGWOOD 24" BB SPICEBUSH 36" BB DWARF BURNING BUSH 36" BB GRO LO SUMAC 24" BB NEARLY WILD ROSE 24" BB DART'S GOLD NINEBARK 24" BB PURPLE LEAF WINTERCREEPER 12" O.c. 3" POT MASSACHUSETTS BEARBERRY 12" O.c. 3" POT 6 7 4 5 3 7 13 10 4 117 101 12 8 42 46 30 44 730 224 21 23 33 42 55 235 80 108 13 133 332 98 68 297 223 SHADE TREES ACSA ACRU TIAM GLTR OULO ULMO ACER SACCHARUM 'GREEN MOUNTAIN' ACER RUBRUM 'FRANKSRED' TILlA AMERICANA 'BAIL YARD' GLEDITSIA TRIACANTHOS X INERMIS 'SKYLINE' OUERCUS R X B 'LONG' ULMUS MORTON ORNAMENTAL TREES AMCA MAPR MASU" AMELANCHIER CANADENSIS 'SHADBLOW' MALUS 'PRAIRIEFIRE' MALUS 'SUTYZAM' \ \ ALGM ANGE ASNO AOCA CMC COVE DILO ECPU EUFI HEST LISP NEFA PAVI SEAJ SOSP 18" O.c. 36" O.C 18" O.C 18" Oc. 24" O.C 18" O.C 24" O.C. 18" Oc. 36" O.C 12" O.C. 12" OC 24" O.c. 24" O.c. 12" O.C 18" O.c. cfiw Otis Koglin Architects Wilson MOUNT PROSPECT, DATE: 0407.2008 EVERGREEN SHRUBS JUCH JUSA JUNIPERUS CHINENSIS 'SEA GREEN' JUNIPERUS SABINA 'BROADMOOR' DECIDUOUS SHRUBS COSE LIBE EUAL RHAR RONW PHOP CORNUS SERICEA 'ISANTI' L1NDERA BENZOIN EUONYMUS ALATUS 'COMPACTUS' RHUS AROMATICA 'GRO~LO' ROSA 'NEARLY WILD' PHYSOCARPUS OPULlFOLlUS 'DART'S GOLD' GROUNDCOVER EUFO ACUV EUONYMUS FORTUNEI 'COLORATUS' ARCTOSTAPHYLOS UVA- URSI 'MASSACHUSETTS' GRASSES AND PERENNIALS ALLIUM 'GLOBEMASTER' ANDROPOGON GERARDII ASTER NOVAE -ANGLlAE AOUILEGIA CANADENSIS CALAMAGROSTIS X ACUTIFLORA 'OVERDAM' COREOPSIS VERTICILLATA 'ZAGREB' DIERVILLA LONICERA ECHINACEA PURPUREA 'KIM'S KNEE HIGH' EUPATORIUM FISTULOSUM HEMEROCALLlS 'STELLA DE 'ORO' L1ATRIS SPICATA 'KOBOLD' NEPETA X FMSSENII 'SIX HILLS GIANT' PANICUM VIRGATUM 'HEAVY METAL' SEDUM AUTUMN JOY SOLIDAGO SPHACELATA 'GOLDEN FLEECE' GLOBE MASTER GIANT ONION BIG BLUESTEM NEW ENGLAND ASTER WILD RED COLUMBINE VARIEGATED FEATHER REED GRASS ZAGREB THREAD LEAF COREOPSIS NORTHERN BUSH HONEYSUCKLE KIM'S KNEE HIGH PURPLE CONEFLOWER JOE PYE WEED STELLA DE 'ORO DAYLlLY KOBOLD SPIKE GAYFEATHER SIX HILLS GIANT NEPETA HEAVY METAL SWITCH GRASS AUTUMN JOY SEDUM GOLDEN FLEECE GOLDENROD GAL GAL GAL GAL GAL GAL. GAL GAL. GAL. GAL. GAL GAL. GAL. GAL. GAL COMEO ROW OEVELOPM ENT TERRACO INC, ILLINOIS PROJECT NUMBER04165 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PORTIONS OF THE COMMOWEAL TH EDISON RIGHT OF WAY LOCATED AT THE NORTHEAST CORNER OF WOLF ROAD AND EUCLID AVENUE WHEREAS, Gendell Partners Euclid & Wolf, LLC ("Petitioner"), has filed an application to rezone certain property, Commonwealth Edison Right-of-Way generally located at the northeast corner of Wolf Road and Euclid Avenue ("Subject Property') , and legally described as follows: That part of the West half of the Northwest quarter of section 25, Township 42 North, Range 11 East of the Third Principal Meridian lying easterly of a line which is 210 feet westerly of (measured at right angles to ) and parallel with the westerly line of the Canadian National Railway (formerly the Wisconsin Central Railroad) and westerly of said westerly right-of-way line of the Canadian National Railway (formerly the Wisconsin Central Railroad), (Excepting that part thereof falling in Wolf Road and that part thereof falling in Euclid Avenue) in Cook County, Illinois; and Property Index Number: 03-35-300-011-0000; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from CR (Conservation Recreation) to B-4 (Commercial Corridor) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-31-06, before the Planning and Zoning Commission of the Village of Mount Prospect on the 27th day of September 2007, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-31-06; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-31-06 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from CR (Conservation Recreation) to B-4 (Commercial Corridor) District. SECTION THREE: This amendment of the Official Zoning Map from C-R (Conservation Recreation) to B-4 (Commercial Corridor) District is based upon a conditional use permit for a planned unit development for the construction of a retail center with drive through access, pursuant to Ordinance No. ..., and, in the event that such conditional use shall become null and void or revoked pursuant to Section 14.203F(11) of the Mount Prospect Zoning Code, the zoning shall automatically revert back to C-R (Conservation Recreation) and the Official Zoning Map shall be so amended. ~ PZ-31-06 Mapamendment Page 2/2 SECTION FOUR: The Development Agreement, attached as Exhibit "B" is made a part of this ordinance. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2008. Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\mapamendmentwoIC euclidoctober2007 april2008 Buzz.doc gw 2/12/08 mla 2/12/08 we 412008 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 1700 EAST EUCLID AVENUE, 1303 WOLF ROAD AND A PORTION OF COMMONWEALTH EDISON RIGHT OF WAY, MOUNT PROSPECT, ILLINOIS WHEREAS, Gendell Partners Euclid & Wolf, LLC (Petitioner"), has filed a petition for a Conditional Use permit for a retail center with drive-through access and Variations with respect to property located at 1700 East Euclid Avenue, 1303 Wolf Road and a Portion of Commonwealth Edison Right-of-Way ("Property") and legally described on the attached Exhibit "A"; and Property Index Numbers: 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a retail center with drive through access; and WHEREAS, the Petitioner seeks Variations to allow less than a ten foot (10') landscape setback along the perimeter of the property; North - 4', South - 7' (at narrowest setback) -, West - 7' (at narrowest setback) and to allow a building height of thirty-six feet, four inches (36' 4") both as shown on the Petitioner's site plan and elevations prepared by OKW Architects dated February 11, 2008. WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ-31-06 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of September, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-31-06; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a drive-through and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Approval of the Conditional Use permit is subject to compliance with the following conditions: 1. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated to store stormwater detention. 2. Wolf Road is under the jurisdiction of the Illinois Department of Transportation and Euclid Avenue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. 'B Page 2/2 PZ-31-06 3. Development of the site in general conformance with the site plan prepared by OKW Architects dated February, 2008 but revised to include 3-sided enclosures constructed from a brick material that matches the building or smaller size, colored CMU material. 4. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated February 11, 2008, but revised to include more low-growing, year-round plants along the south lot line and extend parkway trees and landscaping to the end of the property lines. 5. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record 6. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. 7. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. 8. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must be done as noted in Section 15.402 of the Village Code. 9. The drive-through lane shall not be used as a de facto loading zone. 10. Prior to issuance of a Building Permit, the Petitioner must provide the Village with an executed copy of an agreement with the Northwest Water Commission authorizing construction of improvements over the 48" water transmission main on the subject property. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, for a retail center with drive-through access, all as shown on the Site Plan dated February 11, 2008 a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of 2008. Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk C:\Documents and Settings\LAngell\Local Settings\Temporary Internet Files\OLK9CF\C USEVAR-euclid_wolfoctober2007.doc