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HomeMy WebLinkAbout5. NEW BUSINESS 10/07/2008 I INTEROFFICE MEMORANDUM ~ ~ HOU'IT ~ I,: 11, , PROSPECT ,:' ~ Mount Prospect Village of Mount Prospect Fire Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER -gb. ~ 10 ce FROM: FIRE CHIEF DATE: OCTOBER 3, 2008 SUBJECT: CITIZEN CORP COUNCIL ORDINANCE After the tragic events of September 11 , 2001 it was clear that local government reso rces were not able to handle large scale disasters without the help of citizens. The public needed to be informed and readied to be self-sufficient for the first 72 hours. It was out of this philosophy that the Citizen Corps program was born. Citizen Corps Program Mission ... is to harness the power of every individual through education, training, and volunteer service to make communities safer, stringer, and better prepared to respond to threats of terrorism, crime, public health issues, and disaster of all kinds. It is the local Citizen Corps unit that is tasked with helping to train its citizens to accomplish the mission. In 2003 Mount Prospect, under the fire department's direction, started providing the Citizen Corps training to our residents and have conducted that training on an annual basis. To date approximately 150 of our residents have completed that training. In 2007 a Medical Reserve Corps, which is one of the subsidiaries of the Citizen Corps program, was established under the direction of the Human Services Department. It is now required that these Citizen Corps programs fall under the direction of a Citizen Corps Council. This Council is required to be made up of a minimum of a seven board member board. The members shall come from the following: · One (1) board member shall be an elected official · One (1) board member shall serve from the fire department · One (1) board member shall serve from the police department · One (1) board member shall serve from emergency management · One (1) board member shall be from the volunteer, community service or faith and community based organizations · One (1) board member shall serve from the medical discipline · One (1) board member shall serve from the business and industry community A ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 5 (BOARDS AND COMMISSIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT 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 1: A new Article XVIII, entitled "CITIZEN CORPS COMMISSION," shall be inserted into Chapter 5 of the Mount Prospect Village Code, to be and read as follows: Article XVIII. CITIZEN CORPS COMMISSION Section 18.101. CREATION AND PURPOSE. There is hereby established a Citizen Corps Commission of the Village of Mount Prospect to promote and enhance homeland security by providing a means of communication and coordination among the various Citizen Corps programs throughout the Village of Mount Prospect. Section 18.102. MEMBERSHIP A. The Citizen Corps Commission shall consist of seven (7) board members; All members shall reside or work in the Village. B. The membership of this Commission, including the Chairman, shall be appointed by the Village President with the advice and consent of the Board of Trustees and shall be constituted as follows: 1. One (1) board member shall be an elected official; 2. One (1) board member shall serve from the fire department; 3. One (1) board member shall serve from the police department; 4. One (1) board member shall serve from emergency management; 5. One (1) board member shall be from the volunteer, community service or faith and community based organizations; 6. One (1) board member shall serve from the medical discipline; 7. One (1) board member shall serve from the business and industry community. C. The term of office for the members shall be for a period of four (4) years, or until their successors are appointed and qualified. Terms may be adjusted by the corporate authorities to assure that no more than two (2) terms end in any particular year. Members of this Commission appointed or employees, shall serve without additional compensation. Sec. 18.103. ORGANIZATION: A. Immediately upon its organization, the Citizen Corps Commission shall select from its membership a vice chair and a secretary. The persons so selected shall serve in those positions for terms of one year, and may be elected to the same positions for subsequent terms. iManage 1406972 B. The commission shall adopt rules for the conduct of its meetings and shall keep written minutes of all meetings. Robert's Rules of Order, newly revised, current edition, shall govern the conduct of its meetings to the extent that parliamentary procedures are not addressed by rules adopted by the commission. C. All meetings of the Commission shall be public meetings and minutes of meetings shall be available for examination in the office of the Village Clerk during regular business hours. Sec. 18.104 DUTIES AND RESPONSIBILITIES: The Commission will perform and exercise the following functions: A. Cooperate with the Village President and Board of Trustees in carrying out a program of emergency response in the Village. B. To recommend such actions to the Board of Trustees as it may deem appropriate to serve the cause of emergency response. Sec. 18.105. MEETINGS. The Citizen Corps Council shall meet twice each year at a minimum. The meeting schedule will be determined by the Commission. Meetings will be held and notice given in accordance with the Illinois Open Meetings Act. Any person shall be entitled to appear and be heard on any matter before the board. Minutes of all board meetings shall be filed with the Village Clerk. SECTION 2: 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. ATTEST: Irvana K. Wilks Mayor M. Lisa Angell Village Clerk C:\Documents and Settings\mfigolah\Local Settings\Temporary Intemet Files\OLK5\amendchapter5citizencorpscommissionoct2008final. DOC iManage 1406972 2 MEMORANDUM Village of Mount Prospect Community Development Department FROM: DIRECTOR OF COMMUNITY DEVELOPMENT ~, tA~ lol1/09 TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: SEPTEMBER 26, 2008 SUBJECT: PZ-23-08 - PLAT OF EASEMENT VACATION TIMBERLANE APARTMENTS (601-605 E. PROSPECT AVE. LAWRENCE MANAGEMENT - PETITIONER The petitioner, Lawrence Management, is seeking approval ofa Plat of Vacation, to vacate a twenty (20) foot wide utility easement located on the southwest comer of the Timberlane Apartment complex located at 601-605 E. Prospect Avenue. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 25, 2008, and by a vote of 5-0, with one member absent, recommended approval of a Plat of Vacation for the property located at 601-605 E. Prospect Avenue. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 7, 2008 meeting. Staff will be present to answer any questions related to this matter. 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Prospect Avenue PETITIONER: Lawrence Management, LLC PUBLICATION DATE: Not required; signs posted on-site September 10,2008 PIN NUMBER: 08-12-428-008-0000 REQUEST: Plat of Vacation MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Leo Floros Ronald Roberts Keith Youngquist MEMBER ABSENT: Marlys Haaland ST AFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Wally Lawrence, Tricia Lawrence Chairman Richard Rogers called the meeting to order at 7:34 p.m. Joseph Donnelly made a motion to approve the minutes of the July 24, 2008 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0. Chairman Rogers introduced Case PZ-23-08, a request to vacate a utility easement at 601-605 E. Prospect Avenue, at 7:35 p.m. Brian Simmons, Deputy Director of Community Development, said the subject property was on the Southeast corner of Prospect A venue and William Street. The proposal was to vacate a twenty (20) foot wide by two hundred (200) foot long utility easement that goes through the center of the property. Mr. Simmons stated the Petitioner was looking to construct a maintenance building in the future at the eastern most end of the easement. By code, the Petitioner could not have a foundation that was located in the easement area. This was the reason why the Petitioner was seeking to vacate the utility easement. Mr. Simmons said Staff has reviewed the easement and stated no utilities existed within the twenty (20) foot easement. Mr. Simmons showed a slide of the proposed plat and stated Staffs recommendation that the Planning and Zoning Commission approve the following motion: "To approve a Plat of Vacation, titled Plat of Vacation of Easement for Public Utilities, for the Timberlane Apartment complex located at 601-605 E. Prospect Avenue, Case No. PZ-23-08." Chairman Rogers asked if the subject area was originally designed as an alleyway or access point into the property. Mr. Simmons said the access point was from the parking lot to the South. The utility easement could be power/telephone lines to serve the property. Mr. Simmons stated there was no need for the easement with the configuration of the site. Richard Rogers, Chair Planning & Zoning Commission Meeting September 25, 2008 PZ-23-08 Page 2 Mr. Roberts asked about the setbacks. Mr. Simmons said in regards to the proposal that was reviewed, there was nothing proposed to change on the site. The proposed maintenance building would meet all of the required setbacks on the site. Mr. Donnelly asked about the shed location within the easement. He wanted to know if it had to be removed. Mr. Simmons stated as part of the conditions for the permit, the Village would require that the shed be removed. There was general discussion on what was being proposed to be built East (700 block of East Prospect A venue) of the subject property. Mr. Simmons said the existing utilities would serve the property to the East via the right-of- way. Keith Youngquist asked about the setback to the South of the proposed maintenance building. Mr. Simmons stated the Petitioner was not proposing the maintenance building to be built along the South property line. The location would be where the property line makes a 90 degree angle towards to middle of the site and the proposed maintenance building would be properly setback 10 feet off of the Western property line. Mr. Donnelly said there was another building in this proposed area. Mr. Simmons said the future proposal would be to remove the structure in question. Chairman Rogers swore in Walter Lawrence of Lawrence Management, LLC, 601 E. Prospect Ave., #2A. Mr. Lawrence stated that they would like to remodel and remove the existing pool house and turn it into a maintenance garage with a small adjacent office. He said the easement has been of record for many years with no utilities located within the easement. Mr. Lawrence said they were petitioning to vacate the easement to build the garage. He stated the easement did not affect neighbors while the swimming pool was removed years ago. Mr. Donnelly asked if the shed along the fence line would be removed. Mr. Lawrence stated the shed would be removed once the new project begins. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 7:43 p.m. Keith Youngquist made a motion to approve Case Number PZ-23-08, a request to vacate a utility easement at 601-605 E. Prospect Avenue.. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Roberts, Youngquist, Rogers, NAYS: NONE Motion was approved 5-0. After one additional case, Joseph Donnelly made a motion to adjourn at 8:27 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. /7./'7 /'1'/ ~-'// //"> ~/~ Ryan Kist, ommunity Development Administrative Assistant H:\PLAN\Planning & Zoning COMM\P&z 2008\Minutes\PZ-23.Q8 601-605 E. Prospecl Ave (Timberlanc Apts) Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-23-08 LOCATION: PETITIONER: OWNER: PARCEL #s: Timber Lane Apartments (601-605 E. Prospect Avenue) Lawrence Management, LLC Lawrence Management, LLC 08-12-428-008-0000 OVERALL SIZE: 2.64 acres ZONING: LAND USE: REQUEST: R-4 Multi-Family Residential Residential Apartment Complex Plat of Vacation LOCATION MAP (l) III o ~ CASE SUMMARY - PZ-23-08 Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: BRIAN SIMMONS, DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 16,2008 HEARING DATE: SEPTEMBER 25,2008 SUBJECT: PZ-23-08 / TIMBERLANE APARTMENTS / 601-605 E. PROSPECT AVENUE / PLAT OF EASEMENT VACATION BACKGROUND A public hearing has been scheduled for the September 25, 2008 Planning and Zoning Commission meeting to review the application by Lawrence Management, LLC (the "Petitioner") regarding the vacation of a utility easement on the southwest comer of the Timberlane Apartment complex property (the "Subject Property") located at 601-605 E. Prospect Avenue. The Petitioner is seeking approval of a Plat of Vacation. Staff has posted the required Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located just to the south of the Union Pacific Northwest Railroad property and is generally bounded by E. Prospect Avenue, Williams Street, Shabonee Avenue, and Edward Street. The property currently contains three (3) two-story apartment buildings with related site improvements. SUMMARY OF PROPOSAL The Petitioner is seeking to vacate a twenty (20) foot utility easement which runs along the southwest comer of the property. The easement begins on the west side of the property with its property line along William Street and extends 200 feet to the east into the center of the apartment complex. The easement currently does not have any utilities placed within its boundaries. The petitioner is seeking to vacate the easement in order to construct a future property maintenance building at the eastern end of the easement. No other improvements are proposed as part of the project. PLAT REVIEW The Petitioner prepared a Plat of Vacation which vacates the existing twenty (20) foot utility easement on the property. Staff has reviewed the plats and found that they were prepared in accordance with the Village's Development Code requirements. PZ-23-08 Planning & Zoning Commission Meeting September 25,2008 Page 2 RECOMMENDATION Based on the above analysis, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the following motion: "To approve a Plat of Vacation, titled Plat of Vacation of Easement for Public Utilities, for the Timberlane Apartment complex located at 601-605 E. Prospect Avenue, Case No. PZ-23-08." The Village Board's decision is final for this case. I concur: ~l~lo~ Director of Community Development H:\PlAN\Planning &: Zmling COMM\P8tZ 2008\StaffReport\PZ-23..oS Timbcrlanc Apartments.doc VILLAGE OF MOUNT PROSPECT Mount Prospect COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat Application ~ _...._r-I\1t:n Z Case Number ..... L. '"" ... I ~":::-... 0 PZ - - 08 - Eo-< - <- Subdivision Name/Address AUG 1 4 zuu~ ~-a- c::o o ~ Date of Submission Village of Mt. Prosped t r-~ z..... Community Developmen -0 x- ~- r.il Hearing Date Q Z - z o - Eo-< < ~ c:: o ~ z - Q Z ;;;J o c:: ~ ::c: u < == App,licant - Name ,.l frOJ~ en L -e- ofJr.r;J erne. n-t Corporation ) D I . /..p () ~.. ~o S ~. I!fZD$ . ;) . Street Address i J2-D~. e.. ~t State :n City Zip Code to 0 c5 ~ Interest in Property: circle one Property Owner - Name -::p.A-tR\L.\ c.- r:... . ~ <'- e-. Corporation -, Y'Y\~'_ et Address t?o r . -{)r~ '" Ity ~ ~. .\~ Q.~ surveyo(]ngineer t Name .~ c.,GzJJ r.i ~ ~ lo D \ -:P <2-of., R-K7--t- \ "- ("v5 L2. State Address ~l ~)'bJ~ :S;=~L' ~ ~~~\ 'S"SI(-r-, ~ I~D ~,D1~ ( .=1- 1.0 0 Db ~ AJt- Telephone (day) ?s4 51f1 ~\, '34> Telephone (evening) 8'L/c - '7f5Y -q \ I \l Fax ~L17-5'-"7-Jb ~~ Email 't Buyer Telephone (day) Telephone (evening) Fax: 0~ Email Telephone (day) S ~ 'I -;). 9 ~ -<s> <7 D 0 Fax 9> '--\ 1 - 0- ~ \.0 . \096 \0 Email Type of Plat .' , )~~ <P \ <{.:;-~> c( . U ~4 (..x:,~\ 0 ,0 Name of Plat NAME oK; u I(=) C-l(4 ~ \ D V~ LOCATION OR ADDRESS: W 0 \ 'y ~ "::> r ~ PIN(S) for ALL Parcels involved: (') CZ) \ .d-. Y .d- ct, DD ~ 000 0 TOTAL ACREAGE: ~'LD ~ ~ VA-CxT-n GROSS TOT AL # OF LOTS: TYPE OF PLAT: D v~ Explain purpose of plat and why it is necessary: U A-CA-T- \ ~ ~ L{ -1-\ \ \..I~ ~'-i-h, ~ e->Y\-\ roC-- ~t,l~~('_e- rnP-\~'0-~--..l c-~ 8u\ (~'y-.;>1 C-O~,-T!'....JJ 6* ,. u y...J Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant S <2- <Z- ,~-~~ Date ~ J)H;f b D Print Name If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. -+r-~\.-\ ~ Property Owner s~tz.- Date ~/,~ I D i Print Name Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 "T'T"'II..T""It. OA"'/"""I""II L'nEA AUG-12-2008 01:56A FROM: TO: 18475771683 Type or Pia. NOlDe vf Pial NAME LOCATION OR ADDRESS: PIN(S) lor .ALL Parcels i.,'Olved: T01'AL ACREACE: GROSS TOTAL Ii 0' LOTS: 'n!PE or PLAT: Explain purpoR of plat al1d why it is IlC<:cssary: PI~ Jlole that the IIpplicatioD will not be I'Cvitwad ulltll thill plltilion hu been fully eompletoclllld .11 recjuirod phllllllld other materials bave been !lIliJfbctorjly aubmitted to II1r PlaMing DivbiOlL Incomplete submitlak will not be accepted. It is $trolllly SUUCS~ that the pclUlolllll' sehecluJe iII1 appointmMI '/lith lbe appropriate ViIlaac slatrlo fOvlew Ihl: process IIlcllO tbm matWllllllD be reviewed fbr "ClII'llcy IlId complllCllIWS lit tho time of SlIbmiltal. In COIIIldal'lll1oA of the inrarmllrioa contailled In thIs pelilloa U 111'.11. alllupporlilla c!ocUUlGntatioo, it is requC5'ted that approval be Ji~c:a to this IlllIUI8t. The II(IpliCllnt il tho own~ or authorized RlptetlClIIlItive of the owner at \he propeny. The pedtioner IIId the owner of the ptOpert)' plIIIt. employees of tho Vill8ae of Mount Prospect aacI their I\GllllIS ptnllilSIOllIO !lAter 011 thl property durina rouonablc holUll Cor VQwil inspection oillle sUbJ"1 propurty. I hereby amrm that all inf'OlII1ItIoa provIded bt:nlilllllld in aU IIIlIterialS allbnliUed In a~Ul:iuliOll with this application lie lrUe and ill:l:UlIIIllto the bat of my Imowlcdgc, A"":~ ~~ lv1 PnntNilme 1 J.. _ Date &- I~~D~ If applicant 15 nUl prClplltty owner: to lOt a lilY IIW for the PUtpOse or =-kin151hc Varilltioll(.) dcsetibed III this IIppliealion lUateriaL ..., J PiIJ,.eIC.-t,f ~ ~/l4#"~c/~~,1f6<,fl/'r <f////P'J:.- Property Owaer Print Nlme 6'" Mow ProSPKt D~rtmenr ofCommUllhy Del'Clopmllll1 50 Soulh EmIllOD Street, Mount P10SPecc !IUno!. PhoGtI847.atI.ml Fu847.118.5329 TOO 8471392~064 2 . OfFICIAL S~L : , DOrn A. DANCA ;: .1"'lVY~~OF'lUNtQ ~ /~EXPI~"";r"4.2OOlJ -........ . ~./!...D6 (\ C\, ~~ P.2 :: Cook County Treasurer's Office - Chicago, Illinois :: Page 1 of2 ?'l ~ III. 111m .~~_ ~ TREI5DI~~'~g~~~~~~ <'~' .~ ~ "<<, ,. '-~ . , ''Ii, PAYMENTS Payment Status Online Payment By Mail At Chase Bank Community Bank In Person Get a Copy of Bill Returned Checks Prior Years If taxes were sold Home Research a Top\(;: Research our ever- expanding library of useful topics. Ciick H,~,IJt~ Cook County Property Tax and Payment Information Printed copies of this information may not be used'as a tax bill. Payments must be submitted with original tax bill. Property Index Number (PIN): 08.12-428.008.0000 View Prior Tax Year lnformaror 2007 Tax Year Information - Payable in 2008 Tax Year: 2007 Tax Type: Current Tax Volume: 049 pel: 9-14 Property Location 600 E PROSPECT AVE MOUNT PROSPECT, Il 60056-0000 (To update contact the Cook County Assessor's Office at 312-443-7550.) Mailing Information Exemption Information TAXPAYER OF Exemptions do not become effective 600 E PROSPECT AVE installment. MT. PROSPECT, Il 00000-0000 For last year's exemption data pleas (To update cljc~nl;re.) 2006 taxes due in 2007. To check if you received exemption! years,;H,G-~__ber~. Tax Payment Information Installment Tax Amount Billed Tax Due Date last Payment Received 1st $42.276.01 03/04/2008 $42,276.01 Balance Due: I $0.00 I 8 The balance due, including any penalty, is Payments processed are posted th V!e.,~Y.C.~r.r.?_nt __T~~.)'.~.?L.lt.f9rDla.tq,n 2006 Tax Year Information - Payable in 2007 Tax Year: 2006 Tax Type: CurrentTax Volume: 049 pel: 9-14 Property Location 600 E PROSPECT AVE http://www.cookcountytreasurer.com/paymentresults.aspx?ntopicid=3 & banktype= 1 8/12/2008 :: Cook County Treasurer's Office - Chicago, Illinois :: Page 2 of2 MOUNT PROSPECT, IL 60056-0000 (To update contact the Cook County Assessor's Office at 312-443-7550.) Mailing Information Exemption Information TAXPAYER OF 600 E PROSPECT AVE MT. PROSPECT, IL 00000-0000 Homeowner Exemption Received: Senior Citizen Exemption Received: Senior Freeze Exemption Received: (To update click herE.) If you are entitled to an exemption y' ~.i.q~ ..h.l:n~. To check if you received exemption! years, Gijq<:.h_~:-~. Tax Payment Information 1st $42,707.18 $41,844.84 $0.00 I 03/01/2007 12/03/2007 Last Payment Received $42,707.18 $41,844.84 Installment Tax Amount Billed Tax Due Date 2nd Balance Due: e The balance due, Including any penalty, i$ Payments processed are posted th The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's reach the Clerk at: Main Number: (312) 603-5656 You may find frequently asked questions and additional information at the Clerk's Office's WI bJtpji"'f-?<Yt.J;o::t~.ciYc.le.j<,. gJm Search Again: PIN Search: Use the search field below to search property tax information. Enter your 14-digit PIN: LJ -LJ -Lm ......i -l......mm'-c= Please type In the 4-letter security code below exactly as you see it displayed, and then click Search. I. ".; UfSY I t..._._. ~;~~r9'~m ~~~~l For information on locating a PIN. please visit the .oca~ngJl1e P!N section. C 2000 - 2008 Cook County Treasurer's Office - All Rights Reserved. Disclaimer <;3,U9 trec99KCouoty G~~v http://www.cookcountytreasurer.com/paymentresults.aspx?ntopicid=3& banktype= 1 8/12/2008 AUG-14-2008 12:13A FROM: TO: 18475771683 P.l -- .".-'.-_.._ .'_0__._- I AFFIDAVIT OF OWNERSHIP I COUNTY OF COOK ) ) ) C. ! j!J "..J,e ( de ~ . under oath. .rlltc: that 1 am STATEOP D...UNOIS I, ~ r/LIt./A the sole ) _1Ul ) owner of the property ~ 1UI v.uthorized officer of the ) cOJnmomy described lIS 'J: /YI ~ G l2.. L A ,.J L 11 jJ t'/ j( r;VI1 ;r./ 'I S t, IJ / - 6 ~ <' /..:- ". L. flS /' tt'" C / /) /I 6- - !YJ\J f' f. tJ ~ " t' c T ) L ~ iJ j S- b and that such property is owned by h 0 I /' It v 5 ~ t: ~ r L L c.. as of this dale. I f-s.- -- Subscribed and &WCl'll to befen: me tWi 1/ , I da)'of .20b 6. Oev-..J' :1- 'vlJ~ -lQt~~ Notary Publi~ OFFICIAL S!"AL 0017' A. DANCA NOTNiy PUBI.!C, ST,4TE OF IWNOIS MY COMMISSION exPIReS S,,4.2l109 Mount Prospect DepartlDelll OfCllIlIIIllIIBy DCYtIopn\lllll ~ South ErnmDn Street, MoUlU PrOfPud Ulino\s 4 I'honIl147.1/1.5321 FaJl: 847.118.5329 TOO 847.392.6064 7jJ~ "0'" ,..111'..,111 77zis instrument prepared by: Jay C. Kaufman, Esq. Kaufman Law Group, LLC 3100 Dundee Road, Suite 303 Northbrook, n. 60062 ,Doc': 0522012080 ,Eugene "Gen.. Moor. Fee' $30 .0 Coole County RacOrder of De~dS .0 ,'Oste: 08108/2005 11 :23 AM Pg: 1 ot 4 Aftzr recording, return to: Kaufman Law Group, LLC 3100 Dundee Road, Suite 303 Northbrook, n. 60062 Send Tax Bills to: Patricia G. Lawrence 601 E. Prospect:, Unit 2A Mt Prospec:l:, n. 60056 PIN 08-12-428-008-0000 QUIT CLAIM DEED Exempt under Provisions of Psxagraph E, Section 4, Real Estate Transfer Tax Act f1 C, V ~'f~~""- _)_15,2005 KNOW ALL PERSONS BY THESE PRESENTS: That Grantor, Walter J. Lawrence and Patricia J. Lawrence, not individually, but as co-Trustees of Patricia G. Lawrence Revocable Trust (f/kl a Patricia G. Lawrence Living Trust) ult/a dtd 11/9/1992, of the County of Cook, State of IlliI\ois for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid CONVEY AND QUIT CLAIM to 601 Prospect:, LtC, , an Illinois limited liability company: SEE ATTACHED LEGAL DESCRIPTION Commonly known as: 601.Qas E. Prospecl:, Mount Prospec:l:, n. Hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois; subject to general taxes for the yesx 2004 and subsequent years, building lines, covenants, conditions and resl:riction of record. Dated this 151h day of June, 2005 at Northbrook, Dlinois. This deed is executed by Walter J. Lawrence and Patricia G. Lawrence, not personally but as a c~ Trustees, pursuant to and in the exercise of the power and authority granted to and vested in said Trustee by the l:tlrms of the above-mentioned trust agreement . , w.;'*..iBxECT 29215 s ey:-- p4 MY ~ M f?. State ofIDinois County of Cook The foregoing instrument was acknowledged before me, a notary public on June 15, 2005, by the Grantors, Walter J. Lawrence and Patricia G. Lawrence, co-Trostee u/t/a dtd 11/9/1992 a/k/a Patricia G. Lawrence Revocable Trost (f/k/ a Patricia G. Lawrence Livillg Tl"USt).. ~~~- r?U v Notary Public "OFFICIAL SEAL" JAMES KEVIN CLARK NOTARY PUBLIC, STATE OF IlliNOIS MY COMMISSION EXPIRES 7/23/2008 LEGAL DESCRIPTION PIN 08-12-428-008-0000 PARCEL 1: LOT] IN TECH RESUBDMSION BEING A RESUBDMSION OF LOTS 5 AND 7 IN GLEICH'S INDUSTIUAL PARK BEING A SUBDMSION OF PART OF THE WEST 112 OF TIlE NORTHEAST 1/4 AND PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIP ALMERIDIAN, ACCORDING TO PLAT OF SAID TECH RESUBDMSION REGISTERED IN THE OFFICE OF THE REGISTAR OF TlTI.ES OF COOK COUNTY, ILLINOIS ON OCTOBER IS, 1962 AS DOCUMENT LR 2060657, IN COOK COUNTY, ILLINOIS PARCEL 2: THE EAST SO FEET OF THE NORTH 97 FEET OF LOT 6 IN GLEICH'S INDUSTRIAL PARK BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 M"D PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE 1liIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ll..LINOIS. STATEMENT BY GRANTOR AND GRANTEE The grantor or his agent affirms that, to the best of his knowledge, the name of the grantor shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in illinois, or other entity recognized as a person and authorized to do business or acquire title to real estate under tl1e laws of the State of illinois. Dated: June 15, 2005 Signature: 9a,.t C K~ Gr tor or Agent Subscribed and sworn to before me by the said Agent this 15th day of June, 2005. OFFICIAL SEAL SUZANNE ROTHMAN NOTARY PUBLIC. STATI Of ILLINOIS MY COMMISSION IlCJIIIlES:lMI011OO ~ 1'N/lNI,''^'" " ' ~"~4"J4r. iJ~- No Public The grantee or his agent affirms and verifies that the name of the grantee shown on the deed or assignment of benefic:ia1 interest in a land trust is either a natural person, an nIinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Dlinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. \ ) . Dated: June 15, 2005 Signature:?/} "~(. fj.cu, [Lv.~- G teeorAgent r n' - Subscribed and sworn to before me by the said Agent this 15th day of June, 2005. OFFICIAL SEAL SUZANNE R O'rHMAN NOTAII\' PUIIlJC. ITA'" OP WNOIS MY COMMISSION ElCPlRU:lUIOtllNl .f;::,~/- tfIm-, No blic Note: Any person who knowingly submits a false statement concerning the identity of a grantee shall be guilty of a Oass C misdemeanor for the first offense and of a Class A misdemeanor for subsequent offenses. ' (Attach to deed or ABI to be recorded in Cook C01lll.ty, Illinois, if exempt under the provisions of Section 4 of the Illinois Real Estate Transfer Tax Act.) . ~. ~.::.: - _n ______ __._. __. . _ _..__. __. _h_ _. . ------- - -_.- .. ..--.--"- . . ;" ''<-.Ji ... !..7~- i RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF VACATION OF PUBLIC UTILITY EASEMENT AT TIMBERLANE APARTMENTS. 601-605 EAST PROSPECT AVENUE WHEREAS, Lawrence Management ("Petitioner") has requested approval of a Plat of Vacation for the purpose of vacating a twenty (20') foot wide public utility easement located at the southwest corner of the Timberlane Apartments located at 601-605 East Prospect Avenue, Mount Prospect, Illinois ("Property"), and legally described as: That part of Lot 1 bounded and described as follows: beginning at the most northerly southwest corner of said lot 1; thence north along the most westerly west line of said Lot 1, a distance of 20.0 feet (the most westerly west line of said lot 1 also being the east line of William Street); thence east along a line 20.0 feet north of and parallel with the most northerly south line of said Lot 1, a distance of 200.0 feet; thence south along a line parallel with the most westerly west line of said Lot 1, a distance of 20.0 feet to the most northerly south line of said Lot 1; thence west along the most northerly south line of said Lot 1, a distance of 200.0 feet to the place of beginning, all in Tech Resubdivision, being a Resubdivision of Lots 5 an 7 in Gleich's Industrial Park, being a Subdivision of part of the west % of the northeast Y4 and part of the west % of the southeast Y4 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; and Property Index Number: 08-12-428-008-0000; and WHEREAS, the Petitioner is seeking to vacate the easement in order to construct a future property maintenance building at the eastern of the easement; and WHEREAS, the easement does not have any utilities placed within its boundaries which begin on the west side of the property with its property line along William Street and extends 200 feet to the east into the center of the apartment complex; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Plat of Vacation for property at 601-605 East Prospect Avenue, a copy of which is attached to this Resolution as "Exhibit A" I is hereby approved for appropriate execution and recording. B ~ SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this ih day of October, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\ WIN\RES\Plat of vacationtimberlaneapartmentsoct2008.doc U) w i= ::J i= :J o ::J OJ <Cu.:J > o a.. LL 0:: o f2 .... 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Ul ~ :! in fa ~ wo ffiU:~i~~ :~~~~~ wwo~a: I fo!~:: * o Z 0: o ~ > 0: => '" o ~ '" i5 z ~ ;;' z o ~ o 0: a. u. o ?t o I '" :E ... ~ '" o z < o z < J: >- '" ffi o ~~ w. >0 0< o :J CD => a. >- ~ o z ., o o '" ,,' Ii: '" "' Q UJ Ul ~ a: I .; z ~ " .5 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 29, 2008 SUBJECT: PZ-22-08 - CONDITIONAL USE FOR A DRIVE THRO SETBACK VARIATION 930 E. RAND ROAD MANHARD CONSULTING LTD., WAL-MART - APPLICANT The petitioner, Manhard Consulting Ltd., is seeking approval of a Conditional Use for a Drive Through and a Parking Setback Variation for the Wal-Mart retail store located at 930 E. Rand Road The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 25, 2008, and by a vote of 5-0, with one member absent, recommended approval of a Conditional Use for a Drive Through, subj ect to all the conditions of approval listed in the Staff Report, and approval of a Parking Setback Variation for Wal-Mart. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 7, 2008 meeting. Staff will be present to answer any questions related to this matter. C\Oocumeots and Settings\BCooney\Local Seuings\Temporary Intonel FiIes\OLKl\PZ-22-08 Wal-Mart (CU-Drive Through V AR-Parking Setback)092908.doc Richard Rogers, Chair Planning & Zoning Commission Meeting September 25, 2008 PZ-22-08 Page 2 and a loading zone would be added for the store's merchandise pickup. Mr. Simmons said there was no loading zone at the existing store. Mr. Simmons stated the second request was for a parking setback in the rear of the building. The North property line is a ten (10) foot buffer between the fence of the property and the existing curb line. The Petitioner was looking to install a trash compactor on the North side of the building. In order to maintain a twenty (20) foot fire lane around the structure, the Petitioner would need to incur two (2) feet into the required setback area. The Variation requested was to move the setback from ten (10) to eight (8) feet. Staff reviewed the Code Standards for the Conditional Use and Variation. Mr. Simmons said Staff believed that both requests would not have a detrimental impact on public health, safety, morals, comfort, or general welfare. Mr. Simmons discussed other elements that did not affect the zoning. The Petitioner proposed elevation and faryade upgrades. The upgrades would provide the store with a modern and contemporary look. Mr. Simmons stated that the Petitioner was willing to install additional landscaping to bring it up to code. He discussed the landscape plan in greater detail. Mr. Simmons said one of the conditions placed in the Staff report was for a future cross access agreement between the subject property and the neighboring property to the North. Staff had requested a 30 foot easement be provided in the Northwest corner of the site to provide future access to the property to the North; in the event of the property to the North being redeveloped or a future signal to be installed on Rand Road. Mr. Simmons stated the easement would provide the ability to construct a future cross access between the two properties to allow traffic to go from one site to the other. It was not proposed to be constructed, but it was something Staff recommended to be included as a condition in the approvals. Mr. Simmons said Staff recommended that the Planning and Zoning Commission approve the motion as listed in the Staff report. Chairman Rogers confirmed that the drive through traffic would be heading south so the passenger side of the vehicles would be the closest to the building. Leo Floros asked about the interior of the facility. Mr. Simmons stated the Petitioner was proposing to update the interior layout ofthe existing facility. They were proposing to split the store so the Eastern side would contain the grocery component and the Western side would be retail. Mr. Floros asked about the lawn and garden area. Mr. Simmons said from discussions with the Petitioner, this component would be removed. Chairman Rogers asked if the pharmacy would be relocated to the drive through window. Mr. Simmons stated no, the Petitioner would have interior systems deliver the items from one side of the store to the other. The pharmacy would not be on the Eastern side of the store. Chairman Rogers stated that the drive through would be for the pharmacy only. Mr. Simmons said the drive through would be for the pharmacy and the loading area for Internet sales and site to store pickups. Mr. Donnelly asked if the Petitioner was proposing signage. Mr. Simmons stated no Variation for signage was requested at the time of the meeting. General discussion continued regarding signage and if the Petitioner would need a Variation for the signage. It was determined that if the Petitioner would need a Sign Variation, they would have to come back to the Planning and Zoning Commission for approval. Richard Rogers, Chair Planning & Zoning Commission Meeting September 25, 2008 PZ-22-08 Page 3 Mr. Donnelly questioned the intersection by the bank at the Southeast portion of the parking lot. He stated that the plans showed this area would be closed off and the only accessible intersection would be through the front of the store. Mr. Simmons said he has discussed this with the Petitioner and they would be revising this plan at the building permit phase. This was a condition that was placed in the Staff Report. There was further discussion regarding the traffic layout in the parking lot. Mr. Simmons stated due to lease agreements, Walmart could not reduce the number of parking spaces without having every tenant at Mount Prospect Plaza sign off on this type of request. Mr. Simmons said this would take an extensive amount of time. He stated Walmart was trying to maintain the current number of existing spaces. There was further discussion regarding the number of parking spaces. Mr. Donnelly asked if there would be outdoor seasonal storage since the proposal showed the outdoor garden area being eliminated. Mr. Simmons stated the Petitioner still could have seasonal storage sales. Discussion continued regarding outdoor seasonal storage. The Petitioner would have to conform to Village Code for outdoor sales. Chairman Rogers swore in all parties that were speaking on behalf of the Petitioner. Bernessa Krone of Manhard Consulting Ltd., 900 Woodland Parkway, Vernon Hills, IL, stated her firm was the Civil Engineer for Walmart. Ms. Krone said she wanted to clarify the proposed area for the truck dock located at the Northwest corner of the proposed site. She said there would be a one (1) foot dyed color strip separating the truck turn around and the customer vehicular access areas. Ms. Krone confirmed that the garden center would be removed, but supplies would still be sold in the store. Keith Youngquist asked about the entrance doors through the existing garden center located at the Southwest corner of the building. Ms. Krone stated these doors would be made into standard fire doors. There was further discussion regarding seasonal sales. Chairman Rogers asked the Petitioner to clarify the drive through. Larry Craighead, 211 N. Record Street, Dallas, TX stated he was the architectural consultant for Walmart. Mr. Craighead said the current plan had the pharmacy in the center of the store. He said a pneumatic tube system would connect the pharmacy and the drive through; similar to a bank configuration. Chairman Rogers questioned the stacking of cars at the drive through. Ms. Krone said there would be enough stacking for at least five (5) cars. Chairman Rogers confirmed with Staff that Village Code requires three (3). Chairman Rogers asked about the "Market & Pharmacy" signage. He said based on the elevation, it did not look like it met code. Chairman Rogers stated the Petitioner may have to come back to the Planning and Zoning Commission for signage approval. Ms. Krone said a full sign package with the dimensions and area of the proposed signs would be delivered to Staff for review. Ms. Krone stated if the signs did not meet Code, then she would be willing to come back for a Variation or revise the signage to conform to Code. Mr. Youngquist asked where the Petitioner planned on placing the monument sign. Ms. Krone said it would be placed near the detention basin along Rand Road. Mr. Simmons stated there was no existing ground sign on the property, so the Petitioner would be granted one ground sign to serve the facility. Mr. Donnelly asked the Petitioner for the need of a second loading dock and trash compactor. Ms. Krone said the additional dock and trash compactor was needed due to the expansion and remodel of the store. One truck dock and compactor would be used for the grocery component and the other for the general merchandise component. Richard Rogers, Chair Planning & Zoning Commission Meeting September 25, 2008 PZ-22-08 Page 4 Mr. Donnelly asked about the recycling unit in the Northeast corner. Ms. Krone stated Walmart crushes bails and pallets. They were proposing an enclosed structure on the Northeast wall that would be screened along the existing truck dock. Ms. Krone said Walmart was not in favor of granting the cross access easement at this time. She stated that they are concerned mixing the truck and vehicular traffic; along with the uncertainty of where a potential traffic signal would be placed on Rand Road. Ms. Krone said she would work with Staff for an agreement and requested that it not be a condition that the Planning and Zoning Commission vote on. Chairman Rogers said he preferred to see the condition listed with the plan and specific details could be worked out with Staff. Mr. Simmons said Staff was willing to work on the issues. He stated this was a long term improvement requesting an easement to grant the option to have the connection in the future. Mr. Donnelly said he believed if the loading dock was turned around, the easement could be used and it would solve a lot of issues. Ted Timm from the firm of Timm & Garfinkle, 770 Lake Cook Road # 150, Deerfield, IL, said he is the attorney representing Walmart. He specifically discussed the cross easement issue with Walmart. He stated they were concerned with the traffic impact to their truck, and the visibility from their trucks with traffic coming from the area. Mr. Timm said Walmart believed this was a huge safety concern. Mr. Timm agreed to work with Staff. Chairman Rogers said he would prefer to keep the cross access easement as a condition. He said the Petitioners would have a chance to discuss the cross easement access with the Village Board as the case is Village Board final. Mr. Donnelly wanted to clarify another condition, the color indicated for the turnaround. There was further discussion regarding the proposed dyed concrete strip. Mr. Simmons said Staff would work with the Petitioner regarding the concrete strip. Chairman Rogers asked if the Petitioner had seen the conditions A-G placed in the Staff Report. Ms. Krone stated yes. She agreed to all conditions with the exception of the cross easement access. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 8:24 p.m. Keith Youngquist made a motion to approve Case Number PZ-22-08, a request for a Conditional Use for a drive through and a parking setback Variation at 930 E. Rand Road, subject to the following conditions. Leo Floros seconded the motion. "To approve: 1) A Conditional Use permit for a Drive Through subject to compliance with the following conditions: A. Sign permits, in accordance with the current sign regulations and requirements of the Village of Mount Prospect, shall be issued for each proposed sign. B. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements. C. Development of the site in general conformance with the site and landscape plans prepared by Manhard Consulting, LTD. dated September 11, 2008 and received by the Community Development Department on September IS, 2008. The site plan shall be modified to reflect the following changes: Richard Rogers, Chair Planning & Zoning Commission Meeting September 25, 2008 PZ-22-08 Page 5 a. A thirty (30) foot access easement shall be provided to the east of the existing detention basin to provide future cross-access between the subject property and the neighboring property to the north. The easement shall be recorded with the property prior to the issuance of a building permit and shall be aligned with the drive aisle immediately to the east of the basin. b. The existing four legged intersection located in the southeast comer of the subject property (adjacent to Charter One Bank) shall remain in its current configuration. Plans shall be revised to maintain the fourth leg of this intersection to maintain access to the south end of the parking lot from this drive aisle. D. Development of the elevations in general conformance with the building elevations prepared by Shade Lawrence O'Quinn, dated September 10, 2008, and received by the Community Development Department on September 15, 2008. E. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans that satisfy the Village's code requirements for illumination. F. The Petitioner shall construct all building additions according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. Where applicable, the buildings wi\l also require the installation of a stand pipe system. G. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (I) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (I) year requirement and improvements completed within a period of eighteen (18) months. 2) A Parking Setback Variation from the required ten (10) feet to eight (8) feet along the north property line. UPON ROLL CALL: AYES: Donnelly, Floros, Roberts, Youngquist, Rogers, NA YS: NONE Motion was approved 5-0. Joseph Donnelly made a motion to adjourn at 8:27 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. ...:;/:1 ~/J 7 ':z/ / /' /$~ //~y- Ryan Kast, Community Development Administrative Assistant H:\PLAN\Planning & Zoning COMM\P&Z 2008\Minutcs\PZ-22-08 930 E. Rand Road (Walmart) Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-22-08 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 930 E. Rand Road Manhard Consulting, Ltd. Attn: Ms. Bernessa Krone 900 Woodlands Parkway Vernon Hills, IL 60061 Wal-Mart Real Estate Business Trust Attn: Mr. Mike Gardner 2001 SE lOth Street Bentonville, AR 72716 03-35-302-013-0000 9.13 acres B-3 Community Shopping Commercial - Retail 1) Conditional Use for a Drive Through 2) Parking Setback Variation LOCATION MAP ~~ ~~ ~\ \\ \, MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: BRIAN SIMMONS, AICP, COMMUNITY DEVELOPMENT DEPUTY DIRECTOR DATE: SEPTEMBER 17, 2008 HEARING DATE: SEPTEMBER 25, 2008 SUBJECT: PZ-22-08 / W AL-MART / 930 E. RAND ROAD / CONDITIONAL USE FOR A DRIVE THROUGH AND PARKING V ARIAITON BACKGROUND A public hearing has been scheduled for the September 25, 2008 Planning & Zoning Commission meeting to review the application by Manhard Consulting, Ltd. (the "Petitioner"), regarding the Wal-Mart retail store located at 930 E. Rand Road (the "Subject Property"). The Petitioner is seeking approval of a Conditional Use for a Drive Through and Parking Setback Variation for the existing Wal-Mart building. The P&Z Commission hearing was properly noticed in the September 10, 2008 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 350-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located northwest of the intersection of Rand Road and Central Road, and contains the existing Wal-Mart retail building. The Subject Property is adjacent to the west end of the Mount Prospect Plaza Shopping Center and shares some parking spaces to the southwest with the shopping center. The Subject Property is zoned B-3 Community Shopping, and is bordered by the B-4 Corridor Commercial District to the north, R-5 Senior Citizen Residence District to the east, B-3 Community Shopping District to the east and south, and R-1 Single-Family Residence District to the west. SUMMARY The Petitioner is proposing to install a drive through on the east side of the existing building, a small expansion to the front of the store, new truck docks, and a trash compactor on the north side of the building. Under the proposed development plan, the building will be expanded by 3,077 sq.ft and related improvements will be made to the site including enlarging the interior islands fronting the front side of the building, installing new landscaping, and some minor modifications to the existing parking spaces. The amount of total building square footage for the entire building will increase from the existing 119,532 sq. ft. to 122,609 sq. ft by way of three building additions. The building additions will allow for a new truck dock on the northwest corner of the building, a new front entrance building fayade, and an addition to the existing truck dock on the northeast corner of the building. As part of the redevelopment of the site, interior landscaping, foundation landscaping, and landscaping along the north property line will be installed on the site. PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 3 Conditional Use for a Drive Through The Subject Property is currently zoned B-3 Community Shopping, and the current use as a retail store is a permitted use in the district. The Petitioner is proposing to construct a drive though on the Subject Property and is therefore requesting approval of a conditional use for a drive through. The proposed drive through will be utilized for a pharmacy and a merchandise pick-up lane for internet sales. The Village's Zoning Code requires approval of a conditional use for a drive through in the B-3 Community Shopping Zoning District. Parking Setback Variation The Petitioner proposes to add a trash compactor to the north side of the building. In order to provide a twenty (20) foot minimum drive aisle width for fire apparatus, the Petitioner is requesting a variation to the required parking setback from ten (10) feet to eight (8) feet for aportion of the drive aisle where the trash compactor will be located along the north property line. Site Plan The attached site plan illustrates the proposed building additions and site improvements for the Wal-Mart retail store. As proposed, a drive through will be installed along the east side of the building, thus eliminating the existing parking spaces along the east wall. The drive through lane will be a one-way twelve (12) foot aisle with a loading zone located to the south. The drive through will not include a pick up window but will allow customers to pick up prescriptions by way of an internal traveling tube located inside the store. The loading zone will be utilized by customers picking up merchandise through the store's "site to store" internet program. The proposed front entrance building improvements will include a small building addition and will incorporate elements to enhance the pedestrian experience in this area. The small front building addition will include a canopy overhang, a new planter with benches, and a tree grate next to the main entrance of the store. At the northwest corner of the building, a new truck dock will be constructed that will include a 130 foot truck turnaround. Thirteen parking spaces will also be constructed just south of the truck turnaround. The truck turnaround will be delineated from the regular vehicular drive aisles via a different color pavement and markings. F or the existing truck dock at the northeast corner of the building, a small building addition will be constructed. Finally, a bale and pallet recycling area with an eight (8) foot high screen wall will be constructed at the northeast corner of the lot. Building Design The proposed building additions will be consistent with the existing Wal-Mart building materials. The existing building material for Wal-Mart is CMU that is painted in earth tones. The building additions will also be constructed using CMU that will be painted to match the existing building. The new front entrance will incorporate architectural elements such as a metal canopy, varying windows and material types to provide interest to the front entrance of the building. As per the prospective drawings, the new front entrance fayade will be a combination of trespa panels, painted corrugated metal panels, and glass windows. Varying roof heights are utilized in the new front building fayade to break up the massing ofthe structure. Site furniture and bike racks will be provided next to the front entrance of the building. Site Access Access into the property from neighboring roadways will not change from the present condition. Existing access drives from Rand Road will still provide the primary access points for WaI-Mart. The existing aisle drives in and around the site will primarily remain the same. The existing sidewalk along Rand Road will remain and continue PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 4 to provide pedestrian access to the site. Minor improvements around the site will include the painting of pedestrian and traffic pavement markings to ensure pedestrian safety and orderly traffic circulation. The site plan also illustrates the closing off of one of the legs of the existing four-legged intersection in the southeast corner of the site (next to Charter One Bank). The Petitioner proposes to close off one of the legs in order to provide parking spaces in this area. Staff opposes the proposed closing off of one of the legs of the existing four-legged intersection, as this will divert traffic to the north and will create congestion in the main drive aisle in front of the store. Staff will continue to discuss this concern with the Petitioner and request that the four- legged intersection remains as is. Staff has also requested the Petitioner provide an access easement immediately east ofthe existing detention basin to provide future access between this site and the neighboring property to the north. The access drive would not be constructed as part of the proposed improvements, but would simply provide a thirty (30) foot easement between the sites to provide for future parking lot interconnectivity. The Petitioner has expressed concerns with providing this interconnect. Parking Currently, Wal-Mart provides 526 parking spaces on the site. As per the site plan attached, 526 parking spaces will still be provided on the site after the site improvements and building additions are constructed. Since Staff is requesting the four-legged intersection on the southeast of the property to remain as is, four parking spaces will be provided elsewhere on the property to compensate for the loss of proposed spaces in this location. The design of the intersection and parking layout will be finalized during the building permit process. Landscape Plan The Petitioner's landscape plan provides new plant materials throughout the property. A total of 714 new plant materials, including shade trees, ornamental trees, evergreen trees, and deciduous shrubs are proposed. The redevelopment of the site will consist of enlarging the interior islands that front the building and adding landscaping in the proposed enlarged islands and in the existing islands. Landscaping will also be provided along Rand Road and around the existing detention basin that is located on the northwest corner of the property. As stated before, landscaping will be installed next to the main store entrance and along the north property line. The enhanced landscaping on the site will soften the streetscape and provide an inviting pedestrian environment. Additional plant materials are also proposed along the west, south, and.east foundations of the existing building to bring the site closer to current standards. Overall, the proposed landscape improvements will significantly upgrade the plant materials located on the property and will provide for an attractive site design. Stormwater Detention The Petitioner proposes to utilize the existing detention basin that is located at the northwest corner of the subject property. The Public Works and Engineering Department has requested that additional information be provided to demonstrate the changes in impervious surfaces on the property to determine if additional storm water detention will be required. The Petitioner has indicated that proposed improvements will not be increasing total impervious area; therefore, additional detention would not be required. This information will be finalized during the permit process. Signage The Petitioner proposes to install one ground sign along Rand Road. Currently the Subject Property does not have any freestanding business signs that identify the retail store. The attached drawing illustrates the proposed PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 5 ground sign as a sixty-four (64) sq.ft. monument style ground sign. Three wall signs are also shown on the attached drawings. The perspective drawings do not specify the size of the proposed wall signs. Staff will need to review and approve sign permits for all the proposed signage on the property. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Community Commercial Use. This land use designation is appropriate for retail establishments and is consistent with the Subject Property's current B-3 Zoning District. The proposed expansion of Wal-Mart is consistent with this designation and is appropriate for the area. 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; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The petitioner is requesting approval of a Conditional Use for a Drive Through within the B-3 Community Shopping Zoning District for the existing Wal-Mart retail store. Staff is supportive of request for the Conditional Use as the proposed use would not have a detrimental impact on the public health, safety or general welfare. The use would not adversely affect the character of the surrounding neighborhood, or utility provision and it would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. The proposed drive through is consistent with the commercial character of the property and is located on the property where it will have minimal impact on existing traffic patterns. 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: . Would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; . Lack of desire to increase financial gain; and . Protection ofthe public welfare, other property, and neighborhood character. The Petitioner is seeking a variation to the parking setback from ten (10) feet to eight (8) feet. The proposed reduction in setback will be located along the north property line in the area just north of the proposed trash compactor. Staff is supportive of this variation as the proposed aisle width will comply with the Variation standards and will provide a minimum of twenty (20) foot fire lane for fire apparatus. Additionally, the Petitioner will install landscaping along the north property line to screen the drive aisle. PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 6 GENERAL ZONING COMPLIANCE The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the zoning district for the property. The proposed drive through will allow Wal-Mart to expand its services to its customers and will be compatible with surrounding commercial uses that are located within the vicinity. RECOMMENDA nON The proposed Conditional Use for a Drive Through and Parking Setback Variation meet the standards for these requests as listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission approve the following motion: "To approve: I) A Conditional Use permit for a Drive Through subject to compliance with the following conditions: A. Sign permits, in accordance with the current sign regulations and requirements of the Village of Mount Prospect, shall be issued for each proposed sign. B. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements. C. Development of the site in general conformance with the site and landscape plans prepared by Manhard Consulting, LTD. dated September 11, 2008 and received by the Community Development Department on September IS, 2008. The site plan shall be modified to reflect the following changes: a. A thirty (30) foot access easement shall be provided to the east of the existing detention basin to provide future cross-access between the subject property and the neighboring property to the north. The easement shall be recorded with the property prior to the issuance of a building permit. b. The existing four legged intersection located in the southeast corner of the subject property (adjacent to Charter One Bank) shall remain in its current configuration. Plans shall be revised to maintain the fourth leg of this intersection to maintain access to the south end of the parking lot from this drive aisle. D. Development of the elevations in general conformance with the building elevations prepared by Shade Lawrence O'Quinn, dated September 10, 2008, and received by the Community Development Department on September IS, 2008. E. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans that satisfy the Village's code requirements for illumination. F. The Petitioner shall construct all building additions according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. Where applicable, the buildings will also require the installation of a stand pipe system. G. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (I) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (I) year requirement and improvements completed within a period of eighteen (I 8) months. PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 7 2) A Parking Setback Variation from the required ten (10) feet to eight (8) feet along the north property line. The Village Board's decision is final for this case, for the property commonly known as the 930 E. Rand Road, Case No. PZ-22-08. I concur: , ~u- () .C. ooney, AICP, Director of Community Development Iii H:\PLAN\Planning & Zoning COMM\P&Z 2008\SlllffRepon\PZ-22.08 Wal Mart.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-22-08 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 930 E. Rand Road Manhard Consulting, Ltd. Attn: Ms. Bernessa Krone 900 Woodlands Parkway Vernon Hills, IL 60061 Wal-Mart Real Estate Business Trust Attn:Mr. Mike Gardner 2001 SE 10th Street Bentonville, AR 72716 03-35-302-013-0000 9.13 acres B-3 Community Shopping Commercial- Retail 1) Conditional Use for a Drive Through 2) Parking Setback Variation LOCATION MAP ~~ ~~ r= ~:"-. \\ \ PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 3 Conditional Use for a Drive Through The Subject Property is currently zoned B-3 Community Shopping, and the current use as a retail store is a permitted use in the district. The Petitioner is proposing to construct a drive though on the Subject Property and is therefore requesting approval of a conditional use for a drive through. The proposed drive through will be utilized for a pharmacy and a merchandise pick-up lane for internet sales. The Village's Zoning Code requires approval of a conditional use for a drive through in the B-3 Community Shopping Zoning District. Parking Setback Variation The Petitioner proposes to add a trash compactor to the north side of the building. In order to provide a twenty (20) foot minimum drive aisle width for fire apparatus, the Petitioner is requesting a variation to the required parking setback from ten (10) feet to eight (8) feet for a portion of the drive aisle where the trash compactor will be located along the north property line. Site Plan The attached site plan illustrates the proposed building additions and site improvements for the Wal-Mart retail store. As proposed, a drive through will be installed along the east side of the building, thus eliminating the existing parking spaces along the east wall. The drive through lane will be a one-way twelve (12) foot aisle with a loading zone located to the south. The drive through will not include a pick up window but will allow customers to pick up prescriptions by way of an internal traveling tube located inside the store. The loading zone will be utilized by customers picking up merchandise through the store's "site to store" internet program. The proposed front entrance building improvements will include a small building addition and will incorporate elements to enhance the pedestrian experience in this area. The small front building addition will include a canopy overhang, a new planter with benches, and a tree grate next to the main entrance of the store. At the northwest corner of the building, a new truck dock will be constructed that will include a 130 foot truck turnaround. Thirteen parking spaces will also be constructed just south of the truck turnaround. The truck turnaround will be delineated from the regular vehicular drive aisles via a different color pavement and markings. For the existing truck dock at the northeast corner of the building, a small building addition will be constructed. Finally, a bale and pallet recycling area with an eight (8) foot high screen wall will be constructed at the northeast corner of the lot. Building Design The proposed building additions will be consistent with the existing Wal-Mart building materials. The existing building material for Wal-Mart is CMU that is painted in earth tones. The building additions will also be constructed using CMU that will be painted to match the existing building. The new front entrance will incorporate architectural elements such as a metal canopy, varying windows and material types to provide interest to the front entrance of the building. As per the prospective drawings, the new front entrance fa~ade will be a combination of trespa panels, painted corrugated metal panels, and glass windows. Varying roof heights are utilized in the new front building fa~ade to break up the massing of the structure. Site furniture and bike racks will be provided next to the front entrance of the building. Site Access Access into the property from neighboring roadways will not change from the present condition. Existing access drives from Rand Road will still provide the primary access points for Wal-Mart. The existing aisle drives in and around the site will primarily remain the same. The existing sidewalk along Rand Road will remain and continue PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 5 ground sign as a sixty-four (64) sq.ft. monument style ground sign. Three wall signs are also shown on the attached drawings. The perspective drawings do not specify the size of the proposed wall signs. Staff wi II need to review and approve sign permits for all the proposed signage on the property. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Community Commercial Use. This land use designation is appropriate for retail establishments and is consistent with the Subject Property's current B-3 Zoning District. The proposed expansion of Wal-Mart is consistent with this designation and is appropriate for the area. 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; . Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other V ilIage Ordinances. The petitioner is requesting approval of a Conditional Use for a Drive Through within the B-3 Community Shopping Zoning District for the existing Wal-Mart retail store. Staff is supportive of request for the Conditional Use as the proposed use would not have a detrimental impact on the public health, safety or general welfare. The use would not adversely affect the character of the surrounding neighborhood, or utility provision and it would be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. The proposed drive through is consistent with the commercial character of the property and is located on the property where it will have minimal impact on existing traffic patterns. 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: . Would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. The Petitioner is seeking a variation to the parking setback from ten (IO) feet to eight (8) feet. The proposed reduction in setback will be located along the north property line in the area just north of the proposed trash compactor. Staff is supportive of this variation as the proposed aisle width will comply with the Variation standards and will provide a minimum of twenty (20) foot fire lane for fire apparatus. Additionally, the Petitioner will install landscaping along the north property line to screen the drive aisle. PZ-22-08 Planning & Zoning Commission meeting September 25, 2008 Page 7 2) A Parking Setback Variation from the required ten (10) feet to eight (8) feet along the north property line. The Village Board's decision is final for this case, for the property commonly known as the 930 E. Rand Road, Case No. PZ-22-08. I concur: ~ ~- u..:f. c. . Willia . ooney, AICP, Director of Community Development Iii H:\PLAN\Planning &. Zonine COMM\PU 2008\Staff Rcport\PZ.22-08 Wal Mart.doc VILLAGE OF MOlJNT PROSPECT COMMUNITY DEVELOPMENT DEPARTrv1ENT 50 S. Emerson Street Mount Prospect, l1linois 60056 Phone 847.818.5328 FAX 847.818.5329 Variation Request P&Z Final The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and variation requests that do not exceed twcnty"fivc (25%) of a n~quirement stipulated by the Village's Zoning Ordimmce. PETITION FOR PLANNING & ZONING COMMISSION REVIEW :.'Z/ :',0/'.:::;.' j',~!i~X' ~_... ':il~!'~,i: .~......,.. '_~" ....:._..',c.... ;r~ .;~;..e::.::<.-:. ,:'~\;~,i'\: ..,~.... ..,.- ". .............-..'., '.:......... .........,...'..........'.. ., .,-....,,'- ',"" -"",-.-.,,",,:-', "''-', .~.:", C"_",_ ,""" J.>:: -' .\: :~::;~ ~-: : =~ Common Address(es) (Street Number, Street) 930 Eas t Wount Prosoect Plaza Tax J.D. Number or County Assigned Pin Number(s) Pin#: 03-35-302-013-0000 Z 0 - ~ Legal Description (attach additional sheets if necessary) ~ 0 See 3ttBr.hp.rl Axhihit A l'oIo ~ E l'J'.l .- -= Telephone (day) Z Name 0 Bernessa Krone - 8471:'634-5550 ~ Corporation Telephone (evening) ~ 01 Manhard Consultinq, Ltd. ~= Street Address Fax Z rl .... .- ~l 900 Woodlands Parkway 847-634-0095 0' City State Zip Code Email P' Vernon Hi lis, ! IL 60061 bkrone@manhard.com (.:l ~ - U Interest in Pl'opeliy < Civi I Engineering Consultant for Wal-Nart Stores, Inc. eel = z o ~ i ~ 0(1) ~! ...€ ~t ~A.. \.:)1 ill: ~ Q:l Z 91 Eo- en <';; i.~ o~ ~ 0 ~~ ~~ og. ~] ~ Cl) UO <I = Name Mi ke G3rdner -~-=T Te~lOlle (;lay) 1479-273-4000 l T"'pho". (,,,,n;ng) -- Corporation Wal-Mart Real Estate Business Trust, a Delaware Statutory trust Street Address Fax: 2001 SE 10th Street City ---rst;;te lip Code -. EmaiJ Bentonvi lie I AR 72716 , - _~ ~~~.,,_= __==_,~=-___.=_=~o=o~..__._ A_' Developer Wal-Mart Real Estate Business Trust,' Name ____ ____ Telephone (day) 479-273-4000 a Delaware Statutory trust Address Fax .2.QOLSF- ,10th Stre,et.-.....- Bentonv i lie, AR 72716 Email Attorney Ted Tinm Name Telephone (day) 847-236-1666 Addr<:f,s Levick, Timn & CiarfinkeJ Fax 847-236-9100 tti~1 tqleqa I.com 770 Lake Cock Rd,. Suite 150 Deerfield, !L 60015 Email Surv(;yor Name Bi II Wright ~~nhard Con~llL~_LtrlA 2050-50 Finley R()~rl Lon-ba rd, I L 60148 630-691-8500 Telephone (day) I Fax I EmaiJ 630-691-8585 bwright@manhard.cam Address Engin~er Name Bernessa Kronp Telephone (day) 847-634-5550 847-634-0095 Address Manhard'iConsultinq, Ltd. 900 Wood lands Pa rkway Email Fax bkrone@manhard.com Vernon Hi II~, II f\OOfi1 Architect Usunobun Osag i e Name Raymond Harris & Associates T I h (d) 214-749-0626 e ep one ay: 214-749-0656 Address Fax 211 North Record, Sui te .21.2__ Dallas, 1)( 75202 Email Landscape.Arci~'t= GTennO~~i s t~sen Name - Manhard Consulting, Ltd. 900 Wcodlands ParkNay Vernon Hills, IL 60061 847-fi~4-l)l)r:;n Telephone (day): 847-634-0095 Fax Address gchristensen@manhard.com Email Mount Pnspect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois 2 Phone 847.818.5328 Fax 847.818.5329 IDD 847.392.6064 -- .~=--==:-..,...---== Code Section(s) for which Variation(s) is (are) Requested Chapter iLl. Article XX!l. Section14.2217 - - -=='''''~.- -~.""...--'._-=- - - Summary ~lld Justification felr R;;'.(iu;~ted Variation(s) .E.L~a.s.e......s.e.iLa:t.iaJ::.bed_Exhi.l:llj:,.._EL___.--_.__._-- ..._~. -'--"-'--"==-=:==-- ------------------------.----- e ~~ O~ >>::1 ~~ CI.l ~Z PO CI.l.... f-c U 0<( -------_.._--_.,-------_._--------~---_. -----...---..-.-- -~._---_..~_._. _..~..._..__._-~-_._--~-_._--_....._---- _....___._..___._______....._~__.________..._._...#....___._______.............___w...___________. .. --_._-_._----~-_. ---------------- ----------.-.-.------- -..............-._........._.._......:.~~.......,_.."'_....,..,un..-~..._~..........~"._ Please noLe that tb(~ applic.ation will not be aG(~,;pted Lntil this petition ha.s been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Vil!age Staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petitic.n and all sclpporting cocu',nentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter 011 the property during reasonable hours for visual inspection of the subject property. I hereby zffirm that all infOlmation provided herein and in allll1aterials submitted in association with this application are true and accurate to tl~ b~~;Of~l1Y ~nqrl~dge;,.. if alii "1' " I ~ ,) -~. . ", ./1 .',' . .~ 'Ii .' . ,. (:. \ -...., ~.' I -. -' . ApplIcant ,,,)". V"V \-1../11, r. l-' f./V"\""'" '1 i ,',f:{J Date L \ \.() ( t b If applicant is not prope~.ty owner: I hereby designate the applic~d to ect a. r 3.gent for the pJrpose of seeking the Variation(s) described in this application and the associate.! supporting Ir-u'rial Property Owner Date 7-l~ -Og Mount Prospect Department of Community Development 50 South Emerson Street Mount Prospect Illinois 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ~_...srr'."""""=<""_'1lB"'~"_"''''__'''''''''''_-'''''''''''''-- c~~=--==,~~~ COUNTY OF COOK ) ) STATE OF ILLINOIS ) I, ____.t-'\lv..~_~t-U=:r~..________..__,.,; ::)' ,);", ;;'" .:;t::~(~ t)'l~_t I arJ the sole " J ......, a'l } 0\11qr~~' t,fthf': l"'1.'~"'l~(~d~" X an authorized officer of the ) Wal-Mart Store No. 168'! at 930 East Jvbunt Prospect Plaza commonly described as_______________ a~gl-Mart ~(eafht:;tat.e BuSi~~~~i Trust, a &(~;%~~e statutor/trust as of tl1;.; date MJ)Q Rer- Subscribed and sw.:.,rn to betcre me this \ '(5Ib day of -.J \.;f.-\'{ , 20 O~. ~ ~ ~~. ,:f) Notary Public '0 KORTNEE BRADlEY "NOTARY PUBUC- State of Arkansas, Benton County My Commission Expires 913012014 ,-""'~A(A. Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 4- owned by Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Exhibit A LEGAL DESCRIPTION WAL-MART, MOUNT PROSPECT, IL PARCEL 1: LOT 1 IN WAL-MART SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 25, 1992 AS DOCUMENT NUMBER 92461456 AND THE CORRECTED PLAT RECORDED SEPTEMBER 2, 1992 AS DOCUMENT NUMBER 92651280, IN COOK COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR PARKING, INGRESS, EGRESS, ACCESS AND LIGHTING, FOR THE BENEFIT OF PARCEL 1, AS ESTABLISHED BY THE AGREEMENT RECORDED SEPTEMBER 28,1990, AS DOCUMENT NUMBER 90474272, IN COOK COUNTY, ILLINOIS. Exhibit B Summary and Justification for Requested Variation Wal-Mart Stores, Inc. proposes to expand the existing Wal-Mart Store from a general merchandise store to a Supercenter which provides general merchandise and grocery. As part of the expansion, Wal-Mart Stores, Inc. proposes to add a second truck dock and trash compactor. The Fire Marshall for the Village of Mount Prospect has indicated that a 20' minimum drive aisle is required around the rear of the store. The proposed trash compactor located behind the store would create an 18' drive aisle if the 10' side yard is maintained. Wal-Mart Stores, Inc. is requesting a variance to maintain an 8' wide side yard for an approximately 90' segment of the 832' side lot line in order to maintain the required 20' drive aisle as well as to maintain the screening wall around the proposed trash compactor. Standards for Variations 1. The location of the existing store constrains the possible locations for a proposed trash compactor that is needed to expand the existing Wal-Mart Store. In order to maintain the same layout of the Wal-Mart Store, the trash compactor must be located along the rear of the store so that the access can be obtained by employees of the store while in the stockroom. 2. The variation will require a modified setback of 8' for only approximately 60' to allow the 20' drive aisle around the trash compactor. This variation is unique to this property due to the location of the existing building, and is not generally applicable to other properties within the same zoning classification. 3. No increase in financial gain will be obtained by granting the variation. 4. The variance is needed because this Chapter requires a 10' unpaved setback. 5. The reduction of the setback to 8' in order for the required 20' drive to maneuver around the proposed trash compactor will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Appropriate traffic control devices and signage will direct customers around the trash compactors. 6. The granting of the variation to provide an 8' setback will not alter the essential character of the neighborhood. The property to the north is a commercial use, as well as most of the other surrounding properties. 7. The proposed variation to use an 8' setback will have no impact on the supply of light and air to adjacent properties, will not increase the congestion of public streets, will not increase the danger of fire, will not endanger the public safety, or substantially diminish or impair property values within the neighborhood. The existing grading will be improved to provide proper drainage to existing drainage facilities on the Wal-Mart property. The proposed variation is requested to provide adequate truck access for emergency vehicles. VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Mount Prosp(."Ct ~---- Case Number P&Z ~ ..... E-< ~,-. ~~ O~ ~E ~g, ~ t:l Z ..... ----.------.-------------- Developlr;e;lt Naml;;/Address Date of Submission i , ,,, \ " . r.\ul....; ;')f\('~, ~~ ~! Ii. IL; Hearing Date ---=-===-==-==----"= Address(es) (Street Number, Street) 930 East Ivbunt Prospect Plaza Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) 9.13 Acres -- B-3 11 ~n S-,- F .._- Setbacks: Front Rear Side Side Z 10' 10' lOt 101 0 ~ Building Height Lot Coverage (%) Number of Parking Spaces ~ 30' 31~ 527 Adjacent Land Uses: r-. North South East West Z .... 8-4 B-3 R-5, B-3 R-1 ~ ~ ThX I.D. Number or County Assigned Pin Namber(s) ... CI:l e,:, Pin #: 03-35-302-013-0000 Z ..... ~ CI:l .... ~ Legal Description (attach additional sheets if necessary) See attached Exhibit A - ~ = - .~= --=== - - Z Name Telephone (day) 0 A .... n. I(rf'\n~ OII"_C~"_t;!:!:n E-< < Corporation Telephone (evening) ~ ~.!. Nanhard Consulting, Ltd. ~ t:: -- . Fax Z ~ Street Address .... .- ~"E. 900 Woodlands Parkvvay 847-634-0095 ~~ City State Zip Code Email 01 ~ Vernon Hi 115 lL 60061 bkrone@manhard.cam ~ ~ Interest in Property = Civil yngi neer irlg Cons\.! I !!!2.L!or Wa Hv\zrt StC';res",- I nc. -......... ~ ~~ oQ) ~~ ~F: 08' ~ E31 :::.C t.) -< -= z e, E-<", <'\; ~.~ o~ ~e _t:l.. ~= ~E Og. CII::"i) C~ ~Q 1;.)1 < !Xl " -- ==~'~---~~-~=rTelePhone (day) 'Mike Gardner 479-273-4000 Coworation Telephone (evening) al-~~rt Real Estate Business Trust, ! a Delaware Statutory Trust i \ Street f\.ddress - -- Name Fa)e 2001 SE 10th Street City Ben<tonv i I j e lstate AR .-- ~- Zip Code Email 72716 Developcr Name .Wa i-Mart RP-..a.LE.s.fille_BUSlnes..S-Ir..usJ_,/' Telephone (day) a Delaware Statutory trust Address . Fm: ~-----.......-.-. .----.-........-.-----.----- _~9.C!.~.~.~ .'I.O~h Street ji. Bentonvi lIe, AR 72716 Emm! Attorney I Name Ted Timn _' Telephone (day) Addl'ess Levick, Timn & Garfinkel Fax 770 Lake Cook Rd, Suite 150 Deerfi,2)ld, IL 60015 847-236-1666 847-236-9100 - -- :::..::=-oe_-..~. _=-~-=-. Su n'c)'or Name ~JJ~_~ i g'2~_____ Address Manhard Consul ~ i!}g, Ltd. 2050-50 Finley Road l.1ombard~:i IL 60148 ! E!r~;! tt inm@1 tg I ega I. com I i- i Telqhone (day) 630-691-8500 i I ! Fax 630-691-8585 i ! i I Email bNrightC9nanhard.com -J~ I Telephone (day) 847-634-5550 I I F~D: 847-634-0095 Engineer Name Bernessa Krone Address ..:.~~!lha I'd -.0ns_~t i n9' L td. 900 Wood!ands Par~~~y , ! En.ail =~=-i I i Telephone (day): i : Pax ! . , 214-749-0626 214-749-0656 bkrone((m.,nh<l rei . ..om Ver-non Hi 115, ! L 60061 -- ~- Architect Name Usunobun Osag i E: Address .J~al.1mnd.J:@fris & Associates 211 NOrth Record,_Suite 222 Da lias, 1)( 75202 I Email ) =----= Landscape Architcct I Name I Address I i , i Glenn Christensen Telephone (day): 847-634-5550 lIL'aDha rei Cl}n.s.u.lt i no. I t d 900 Woodlands Parkway \lemon Hi ! Is, ! L 60061 '8:( -3.47 -r,..ill-0095 Email gc.b1:ls.1.er~en@n?nha rei Mount Prospect DCfJiu'tment of Community Development 50 South Emerson Stred, M.ount Prospect Illinois www.mountprospect..)rg 2 I {I ~ i l I cnnl Phone 847.818.5323 Fax 847.818.5329 TDD 847.392.6064 l:i tlol fJ.~ o roil S& ~~ ~~ ~O 00 ..... f-< U < Pr;;;~~d'cc~;dilr;~~'IU~;(a~ Ii ~;'~d' i~l t~;~~;h;gdi:t.i~i)--~=~==="'-- -,--".' ,....Qr.~.._--_.- -~ - Describe in Det~il the Bui!dingE 3tjrActMiT,;p;p~;~d-l-l;w'ii;;P',~;;~Use Meets the Attached Standards for Conditional Use Approval (attach addi'(ional sheets if necessll.ry) _E.W5..LS.iiL?l.t.ti.l.cbe~b.~bi.LB._.________ I' .___... ._.._.. _._............... _._ ..__....___"......_...._ ....._...__u --....-. .--------- I ! .-.-.-------.-.-.-...--..------.--...---......--..---..-..-----.---.-.--.--- ~ ~_.. ~it~,?e'';~~s: - 2~ ho~rs- II Dr ive- Thru'Hours:--ga . m-.:-=-9p.rri. tlolz =0 r/:/- QI-< roil < ~~ ~o 0fJ. g:;z ~- -- -----_. " Address(e:,) (Street Number, Street) i 930 East ~/()unt Pros ect P1azi!...-_ i Site Area (Ac;'es) Properl" Z.oning !i 9. i 3 Acr'es' B~3 .. !fSeiba~~-------'~- ---~-,---~._~------. t' Front I Rear [Side .1 , I !i 10. I 101 =E ~ Ii Buildir.g Felt;)! ------rt:; Coverage (%)--- :Number of Parking Spaces ,: 301 I 32% SD '~~.:;.:..-=-===-.<<.""~"" "" .,~ - '_.~' .0 - I Total Building Sq. Ft. (Site) I 1'r 5L'6 -- ,- .._j I r ::'1> i-. I Sq. Ft. Devoted to Proposed Use r 10' I ... . Please no:e that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the p"ftioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and comp eteness at the time of submittal. In considnation of the information contained in this petition as 'Nell as all supporting documentation, it is requested that approval be given to t;lis lequest. The appIicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of :he pr:Jperty grant employe':::$ of the Village of Mount Prospect and their agents permission to enter on the property during reasol1abl(~ hours tiJf visual inspection oHhe su~iect pro1)erty. I hereby affirm that all information provided Ilerein and in all materials submitted in association with this application are true and accurate t.) the best ofm\! knowledlee., , - ~. tl ...,,~) i1 .1 ( . ~i ~ ",., .-...... .I 1 ~'" " Applicant -l:'i.JL...VU,~!~{.:~ (jr.D.~{qr~::..~::::____.__ ~-l I (' Date , J Vi 0 ~ t If applicant is. not property OVJner: I hereby designate the applicant to act as my agent for tl,e pnrpose of seeking th~ Variation(s) described in this :::t;:n::,~~~eriaJ. ~ DaW 7r (~-V3 Mount Prospect Depattment of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.l1nunt')rnStf;.ct.01'g 3 TDD 847.392.6064 !l.:.......,&aDi.'lEZIil!U5~~9tIlElIiiIlmn.!illawu.(tIlE~';;,i~~~~...~~,..~ _....Ie .-.. I AFFIDA VIT OF O'NNERSHIP --________A~'_..tIa'QI...~~[~. COUNTY OF COOK ) ) STATE OF ILLn~OIS ) I, t4 \ \( e.. ~fItOt4 t==Fl-- ___' lm,i,;j Ode" t't::J.k that I am the sole ) ~.t.'" ..." ) C\'/t:,f.;::- ,,;f ~!1:~. r:L'~;'p:;:~'~~' -L an authorized officer of the ) commonly described as Wal~JBrt Store No. 1681 at 930 East NOun! Prospect Plaza and that such property is owned by Waf-MartReal Este!te Business Trust, a Delaware statutory trust -,...,..-:------....-,-............-.-....-- as of this date. 1XJ2f ~ Signature R$o\~ vf' DF ~~ ~ .NC7 ~rc...N Subscribed and sworn to before '\ l '"")..."1:b me this 'CJ ~ day of , 20 O~. 1~Jt~~~ KORTNEE BRADlEY a...... "NOTARY PUBlIC" QUIItJ of Arkansas, Benton ~ My Commission Expires 9130/2014 - 4 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect JIIinois Exhibit A LEGAL DESCRIPTION WAL-MART, MOUNT PROSPECT, IL PARCEL 1: LOT 1 IN WAL-MART SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 25, 1992 AS DOCUMENT NUMBER 92461456 AND THE CORRECTED PLAT RECORDED SEPTEMBER 2, 1992 AS DOCUMENT NUMBER 92651280, IN COOK COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR PARKING, INGRESS, EGRESS, ACCESS AND LIGHTING, FOR THE BENEFIT OF PARCEL 1, AS ESTABLISHED BY THE AGREEMENT RECORDED SEPTEMBER 28,1990, AS DOCUMENT NUMBER 90474272, IN COOK COUNTY, ILLINOIS. Exhibit B Summary of Actions Requested Wal-Mart Stores, Inc. proposes to expand the existing Wal-Mart Store from a general merchandise store to a Supercenter. which provides general merchandise and groceries. As part of the expansion, Wal-Mart Stores, Inc. proposes to add a drive thru to the east side of the building to serve customers for the pharmacy and the site-to-store program. Standards for Conditional Use 1. The addition of a drive-thru to the existing store will not be detrimental to, or endanger, the public health, safety, morals, comfort or general welfare. Appropriate traffic control devices and signage will direct customers to and from the drive thru without conflict to other customers. The drive thru will provide an additional service to customers visiting the store for the pharmacy or site-to-store program. 2. The addition of a drive thru to the existing store will not be injurious to the uses and enjoyment of other property in the immediate vicinity. The surrounding properties are mostly commercial uses. 3. The surrounding properties are developed. The addition of a drive thru to the existing store will not impede further development on the surrounding properties. 4. Existing access roads and drainage facilities will be improved to provide access to/from and proper drainage of the proposed drive thru addition. 5. The drive thru pharmacy is bordered by a curbed island to provide traffic control and direction for use of the drive thru pharmacy. Stop bars, directional arrows, and signage will direct customers and provide traffic control to minimize traffic congestion to the existing access roads. No additional traffic congestion will occur in the public streets. 6. The drive thru pharmacy is consistent with the existing retail and commercial uses surrounding the proposed expansion which follow the current Comprehensive Plan for the Village. 7. The addition of a drive thru 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 & Zoning Commission. ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT WAL-MART, 930 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Manhard Consulting Ltd., ("Petitioner"), has filed a petition for a Conditional Use permit to allow for a drive through and a parking setback Variation with respect to property located at Wal- Mart, 930 East Rand Road ("Property") and legally described as: Parcel 1: Lot 1 in Wal Mart Subdivision, being a subdivision in the southwest % of Section 35, Township 42 north, Range 11, east of the Third Principal Meridian, according to the plat thereof recorded June 25,1992 as document number 92461456 and the corrected plat recorded September 2, 1992 as document number 92651280, in Cook County, Illinois. Parcel 2: Non-exclusive easements for parking ingress, egress, access and lighting, for the benefit of parcel 1, as established by the agreement recorded September 28, 1990, as document number 90474272, in Cook County, Illinois; and Property Index Numbers: 03-35-302-013-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a drive through at the southeast corner of the existing structure to allow for two (2) drop off lanes for pharmacy and a loading zone for merchandise pickup; and WHEREAS, the Petitioner seeks a Variation to allow an eight (8') foot parking setback along the north property line to allow for installation of a trash compactor and maintain the required twenty (20') foot fire lane around the existing structure; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the subject of PZ-22-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 25th day of September, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10th day of September, 2008; 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-22-08; 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 to allow construction of a drive through and parking setback Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS 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. c, Page 2/3 PZ-22-08 SECTION TWO: Approval ofthe Conditional Use permit is subject to compliance with the following conditions: A. Sign permits, in accordance with the current sign regulations and requirements of the Village of Mount Prospect, shall be issued for each proposed sign. B. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements. C. Development of the site in general conformance with the site and landscape plans prepared by Manhard Consulting, LTD. dated September 11, 2008 and received by the Community Development Department on September 15, 2008. The site plan shall be modified to reflect the following changes: a. A thirty (30) foot access easement shall be provided to the east of the existing detention basin to provide future cross-access between the subject property and the neighboring property to the north. The easement shall be recorded with the property prior to the issuance of a building permit and shall be aligned with the drive aisle immediately to the east of the basin. b. The existing four legged intersection located in the southeast corner of the subject property (adjacent to Charter One Bank) shall remain in its current configuration. Plans shall be revised to maintain the fourth leg of this intersection to maintain access to the south end of the parking lot from this drive aisle. D. Development of the elevations in general conformance with the building elevations prepared by Shade Lawrence O'Quinn, dated September 10, 2008, and received by the Community Development Department on September 15, 2008. E. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans that satisfy the Village's code requirements for illumination. F. The Petitioner shall construct all building additions according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be located and constructed according to Development and Fire Code standards. Where applicable, the buildings will also require the installation of a stand pipe system. G. A building permit, in accordance with the current regulations and requirements ofthe Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit for a drive through and a parking setback Variation, all as shown on the Site Plan dated September 11, 2008 a copy of which is attached and made a part this ordinance. Page 3/3 PZ-22-08 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 October 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANC\C USEV AR-walmartoct2008.doc MEMORANDUM Village of Mount Prospect Community Development Department ~~I ~ 10 1 01 FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT TO: DATE: OCTOBER 2, 2008 520 BUSINESS CENTER DRIVE - CLASS 6B INDUCEMENT RESOLUTION SUBJECT: Attached to this memorandum is a resolution that would grant approval of a Class 6b property tax incentive for CRP Holdings A-2 LLC (CRP) who is the current owner of 520 Business Center Drive. This property is located in the Kensington Business Center and has been vacant for over 2 years. The 2-year vacancy qualifies the property for the 6b designation pending approval of the attached resolution by the Village. CRP is requesting the Class 6b abatement so that they can competitively recruit prospective tenants for the property. It is estimated that the abatement would reduce the amount of property tax per square foot from $3.16 to $1.40 for this property. They are competing against other industrial buildings in the market that have tax rates ranging from $1 to $1.77 per square foot, putting them at a competitive disadvantage. Please forward this memorandum to the Village Board for their review and consideration at their meeting on October ih. Staff will be present at that meeting to further discuss this matter. D RESOLUTION NO. A RESOLUTION IN SUPPORT OF CRP HOLDINGS A-2, LLC 520 BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR COOK COUNTY CLASS 6B TAX ABATEMENT WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for new businesses to become established in the Village of Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, CRP HOLDINGS A-2, LLC has requested the Village of Mount Prospect to support its application for a Class 6b Real Property Classification at 520 Business Center Drive, Mount Prospect, Cook County (Property); and WHEREAS, the subject property has been abandoned for approximately 24 months and the Village of Mount Prospect has found that special circumstances exist in that the Village is at a competitive disadvantage with nearby DuPage and Lake Counties and their lower tax structures; and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby support and consent to the application of CRP Holdings A-2, LLC, for a Class 6B Property Classification from Cook County, which allows a 16% assessment level for the first 10 years, 23 % in the 11 th year and 30% in the 12th year for the Subject Property located at 520 Business Center Drive and legally described as: LOT 2 IN KENSINGTON CENTER PHASE ONE, BEING A SUBDIVISION IN THE EAST ~ OF SECTION 34 AND THE WEST ~ OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SUBDIVISION RECORDED AS DOCUMENT 25173362 ON OCTOBER 2, 1979. PIN: 03-35-103-002-0000 Page 2/2 Class 6 Tax Abatement SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and this proposed development is in furtherance of this goal. The Board of Trustees of the Village of Mount Prospect further finds that this incentive is necessary for development to occur on the Property. SECTION THREE: That the President and Board of Trustees find that the subject vacant and abandoned property has been unused for greater than twenty-four (24) continuous months with no changes of ownership and that special circumstances justify that said property is "abandoned" for purposes of Class 6b, to wit: the vacancy and abandonment of the property is expected to continue and the building is in need of significant infrastructure repairs and significant renovations relating to the electrical and HVAC systems, roof, structural foundation and parking lot. SECTION FOUR: That the President and Board of Trustees support and consent to the filing of a Class 6b Application by the Applicant, with the understanding that pursuant to a separate agreement between the Village of Mount Prospect and the Applicant, attached as Exhibit "A", any occupant of the property must meet the Cook County Assessor's Class 6b Incentive qualifications for industrial warehousing, manufacturing and/or distribution uses and be approved by the Village with respect to a particular use within such use categories prior to the issuance of an Occupancy Permit of the property for a 6b Incentive. SECTION FIVE: That development of the property is subject to compliance with all requirements of the 1-1 (Light Industrial) District and development standards of the Village of Mount Prospect. SECTION SIX: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H :\CLKO\WIN\RESOLUTION\class6btaxcrpholdings520businesscenterdriveoct2008.doc Exhibit" A" AGREEMENT Agreement made this day of 2008, between the Village of Mount Prospect ("Village") and CRP Holdings A-2, LLC ("CRP"), witness: WITNESSETH: NOW, THERFORE, in consideration of the mutual covenants of the Village and CRP below, the receipt and sufficiency of which are hereby acknowledged, the Village and CRP agree as follows: That the Village will grant a Resolution supporting and consenting to the Cook County Class 6b Property Tax Incentive for Special Circumstances for greater than twenty-four (24) continuous months of vacancy and abandonment with no change in ownership and the planned substantial rehabilitation of the property located at 520 Business Center Drive, Mount Prospect, Illinois (PIN: 03-35-103-002-0000) ("Property"). Special Circumstances exist because the vacancy and abandonment of the property is expected to continue, the building is in need of significant repairs and renovations relating to the HV AC system, roof and parking lot and the subject property is approximately 36,380 square feet and is noticeably vacant and secluded from vehicular and pedestrian traffic making said property a target for clandestine, surreptitious or illicit activity, and fostering a ripe environment for crime. That CRP agrees that the Property will be leased to a tenant that meets the requirements for a Class 6b Incentive at the Property and that the tenant must meet said requirements in order to obtain an Occupancy Permit for the Property. Should the Village of Mount Prospect fail to approve an Occupancy Permit as described above and the potential tenants' use qualifies under the Cook County Assessor's Class 6b Incentive qualifications of industrial warehousing, manufacturing and/or distribution uses, then the Village will waive its right for approval and the potential tenant will be deemed approved for an Occupancy Permit. That both CRP and the Village agree that this Agreement is binding upon the parties hereto and that the uses on the Property shall remain consistent with the Cook County Assessor's Class 6b Incentive requirements of industrial warehouse, manufacturing and/or distribution uses. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date set forth below: ,2008 Village of Mount Prospect CRP Holdings A-2, LLC By: By: Its Agent or Assigns Property Tax Incentives Special Circumstances to Abandonment Cook County offers property tax incentives for reoccupation of abandoned industrial and commercial property Special Circumstances under the 24 Month Rule The Real Property Assessment Classification Ordinance defines abandoned property as buildings that have been vacant and unused for at least 24 continuous months and purchased for value. New provisions now allow a building to be deemed "abandoned" if there are spedal circumstances for abandonment of less than the 24 months and purchase for value, or there are special circumstances for abandonment of more than 24 months without a purchase for value (no change in ownership). Requirements for Filing The Assessor and the Chicago-Cook Business Center (CCBC) must receive a complete Eligibility Application prior to the reoccupation of the abandoned property. In all cases of abandonment with spedal circumstances, the resolution of the municipality detailing the special circumstances that led to the finding of abandonment and the resolution of the Cook County Board shall be submitted with the application. Letters from the municipality and the CCBC may be filed in lieu of a resolution prior to reoccupation, but the resolutions must be ftled before the incentive can be awarded by the Assessor. Filing Process Steps (1) The applicant must gain municipal approval in a resolution or ordinance to have the property qualify as abandoned. For spedal drcumstances. the local municipal resolution must state (a) the period of abandonment. (b) a finding of special circumstances that justifies the building is deemed "abandoned". (c) a description of the special circumstances. and Cd) that the incentive is necessary for development to occur. (2) The applicant ftles the Eligibility Application along with the letter in lieu or municipal resolution with the CCBC and the Assessor's Office prior to reoccupation of the property. The CCBC will send a letter in lieu of the resolution to the applicant and this letter must also be submitted to the Assessor. Cook County CCBC requires a municipal resolution before submitting the application to the Board of Commissioners. (3) The Eligibility Application, municipal resolution and the report of the CCBC will be forwarded to the Cook County Board for consideration. The applicant must also comply with the County's Living Wage Ordinance. After a resolution of the Cook County Board is approved, a copy of this resolution must be submitted to the Assessor. Special Circumstances to Abandonment may be used in these Incentive Programs CLASS 6bThe Class 6b incentive is designed to encourage industrial development throughout Cook County by offering a real estate tax incentive for the development of new industrial facilities, the rehabilitation of existing industrial structures, and the redevelopment and occupancy of abandoned property or buildings. CLASS 7a The Class 7a incentive is designed to encourage, in areas determined to be "in need of commercial development", commercial projects with total development costs, exclusive of land, that do not exceed $2 million and would not be economically feasible without the incentive. CLASS 7b The Class 7b incentive is designed to encourage, in areas determined to be "in need of commercial development", commercial projects with total development costs, exclusive of land, that exceed $2 million and would not be economically feasible without the incentive. CLASS 8 The Class 8 real estate tax incentive is designed to encourage industrial and commercial development in areas of Cook County that are experiencing severe economic stagnation. To contact a business assistance representative, email info(Q.1<.:hicago-cook.ocg or call 312.603.1070, fax 312.603.9971. Visit ",",ww.chi<.:ago-<.:ook.org for more details and information on other programs. @ 2007 Chicago-Cook Business Center. All rights reserved.