HomeMy WebLinkAbout5. NEW BUSINESS 03/17/2009
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
~I>. ~
.)111 JO"
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
FEBRUARY 27,2009
SUBJECT:
PZ-26-08 / 2410 E. RAND ROAD / PLAT OF CONSOLIDATION /
THE TWINS GROUP PROPERTIES, LLC (TACO BELL) - PETITIONER
The petitioner, The Twins Group Properties, LLC, is seeking approval of a Plat of Consolidation for the
property at 2410 E. Rand Road.
The Planning and Zoning Commission conducted a public hearing to review the request on Thursday,
February 26, 2009 and by a vote of 6-0, recommended approval of a Plat of Consolidation for the
property at 2410 E. Rand Road. Details ofthe 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 March 17, 2009 meeting. Staff will be present to answer any questions related to
this matter.
w-
H:IPLANlPlanning & Zoning COMMlP&Z 2009\MEJ MEMOSIPZ-26-08 2410 E. Rand Road- Taco Bell(Plat ofConsolidation).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-26-08
Hearing Date: February 26, 2009
PROPERTY ADDRESS:
24 I 0 E. Rand Road
PETITIONER:
The Twins Group Properties, LLC
PUBLICATION DATE:
Not required; sign posted on-site January 7, 2009
PIN NUMBERS:
03-28-201-014-0000 & 03-28-201-020-0000
REQUEST:
Plat of Consolidation
MEMBERS PRESENT:
Richard Rogers, Chair
William Beattie
Leo Floros
Marlys Haaland
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Joseph Donnelly
STAFF MEMBERS PRESENT:
Brian Simmons, AICP, Deputy Director of Community Development
Consuelo Andrade, Development Review Planner
INTERESTED PARTY:
None
Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the
minutes of the January 22, 2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4-
0; with Marlys Haaland and Ronald Roberts abstaining. After hearing one previous case, Chairman Rogers
introduced Case PZ-26-08, a request for a Plat of Consolidation at 2410 E. Rand Road, at 8:05 p.m.
Consuelo Andrade, Development Review Planner, stated the Petitioner was requesting approval for a Plat of
Consolidation. The subject property is composed of two parcels equaling 0.528 acres and contains a Taco Bell
restaurant with related improvements. Ms. Andrade said the restaurant was built in 2006 and is presently non-
conforming as the structure crosses property lines. A condition of the building permit was to combine the two
parcels. The Petitioner was seeking approval for the Plat of Consolidation for a one lot subdivision to comply
with the condition of approval.
Ms. Andrade showed the Plat of Consolidation. The Plat of Consolidation under review would change the site
from two parcels into one lot of record. The Plat would also vacate an existing easement and grant new utility
and drainage easements.
Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report.
There was general discussion regarding easements.
Chairman Rogers asked ifthe Petitioner or anyone in the audience was in attendance to address the case. Hearing
none, he closed the public portion at 8:08 pm and brought the discussion back to the board.
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-26-08
Page I of2
William Beattie made a motion to approve a Plat of Consolidation, titled Taco Bell Consolidation, benefiting the
property located at 2410 E. Rand Road, Case No. PZ-26-08. Mr. Youngquist seconded the motion.
The Village Board's decision is final for this case.
UPON ROLL CALL:
A YES: Beattie, Floros, Haaland, Roberts, Youngquist, Rogers
NAYS: NONE
Motion was approved 6-0.
After hearing three additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts.
The motion was approved by a voice vote and the meeting was adjourned.
;I{~
Ryan Kast
Community Development Administmtive Assistant
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-26-08
Page 2 of2
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RESOLUTION NO.
A RESOLUTION APPROVING A PLAT OF CONSOLIDATION FOR
2410 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS
WHEREAS, Twins Group Properties (Petitioner) has requested approval of a Plat of Consolidation
for the purpose of consolidating two (2) parcels into one single lot of record, as legally described in
Exhibit "A"; and
WHEREAS, the plat vacates a five foot (5') Com Ed easement along the west property line of lot
two (2) and dedicates a ten foot (10') utility and drainage easement along side and rear lot lines and
a fifteen foot (15') utility and drainage easement along the front property line of the consolidated lot
of record; and
WHEREAS, the Planning and Zoning Commission has considered and recommended approval of
the Plat of Consolidation at its February 26, 2009 meeting.
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 approve and adopt the findings and
recommendations of the Planning and Zoning Commission and incorporate such findings and
recommendations herein by reference as if they were fully set forth herein.
SECTION TWO: That the consolidation of the Property is hereby granted and the Plat of
Consolidation attached to this Resolution as Exhibit "A" is hereby approved for appropriate
execution and recording. Such Plat and its legal description are incorporated into, and made a part
of, this Resolution.
SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified
copy of this Resolution with the Recorder of Deeds of Cook County.
SECTION FOUR: This Resolution shall be in full force and effect from and after its adoption,
approval and publication in pamphlet form as provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of March, 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H :\CLKO\WI N\RESOLUTION\PlatConsolidationtacobeIl241 Oera ndma rch 172009 .doc
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
~
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
,&. ~J~
~111 c,
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
FEBRUARY 27, 2009
SUBJECT:
PZ-29-08 / 501 MIDWAY DRIVE / CONDITIONAL USE (COM
CENTER AND SCHOOL)
NIAGARA EDUCATIONAL SERVICES, INe. - APPLICANT
The Petitioner previously obtained a Conditional Use permit to operate a community center in 2004 and
a second Conditional Use Permit to operate a community center and school in 2007; however,
improvements for both projects were not completed and the Conditional Use permits expired. The
Petitioner is again seeking approval of a Conditional Use Permit for a community center and school.
The current proposal has changed slightly from their request in 2007. Changes include the expansion of
the area of the school and the addition of one office to the community center. Due to the expiration of
the previous approvals and proposed changes, the Petitioner is required to obtain approval from the
Village Board for a new Conditional Use permit for a community center and school.
The community center and school would offer the same services and events as the Conditional Use
permit approved in 2007; however, modifications to the site plan and the interior layout have been made
based on building permit review comments. The community center would occupy approximately 60 %
of the building while the proposed school would occupy 40%. The community center would include
guest rooms, conference rooms, a gymnasium, a stage, offices, and three classrooms. The school would
include classrooms, labs, library, and a gym. The school's area increased by 11,115 square feet from the
Conditional Use permit approved in 2007 with the addition of a second level of classrooms.
The Planning and Zoning Commission conducted a public hearing to review the request on Thursday,
February 26, 2009, and by a vote of 6-0, with one member absent, recommended approval of a
Conditional Use to operate a community center and school as noted in the Petitioner's application for the
property at 501 Midway Drive, Case No. PZ-29-08. 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 March 17, 2009 meeting. Staff will be present to answer any questions related to
this matter.
~~lo~
H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-29-09 501 Midway Dr- Niagara(CU Community Center and School).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-29-08
Hearing Date: February 26,2009
PROPERTY ADDRESS:
50 I Midway Drive
PETITIONER:
Serkan Aykan
PUBLICA TION DATE:
January 7, 2009
PIN NUMBER:
08-23-402-0 I 0
REQUEST:
Conditional Use (Community Center and school)
MEMBERS PRESENT:
Richard Rogers, Chair
William Beattie
Leo Floros
Marlys Haaland
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Joseph Donnelly
STAFF MEMBERS PRESENT:
Brian Simmons, AICP, Deputy Director of Community Development
Consuelo Andrade, Development Review Planner
INTERESTED PARTIES:
Serkan Aykan, Brian Schramm, Stephen Miller
Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the
minutes of the January 22,2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4-
0; with Marlys Haaland and Ronald Roberts abstaining. Chairman Rogers introduced Case PZ-29-08, a request
for a Conditional Use (Community Center and school) at SOl Midway Drive, at 7:32 p.m.
Consuelo Andrade, Development Review Planner, stated the Petitioner was seeking a Conditional Use to operate
a community center and school. The subject property is located on Midway Drive, a cul-de-sac street west of
Elmhurst Road, between Algonquin Road and Oakton Street. The subject property is zoned B-3, Community
Shopping. It contains an office/warehouse building with related improvements. The property is bordered to the
north and east by the B-3 district and to the south and west by the R-4 Multi-Family District. Ms. Andrade said
the existing structure presently does not conform to the existing setback requirements or the lot coverage
requirements. The Petitioner does not plan to modify the exterior of the building or the existing site, therefore,
the legal non-conforming status would remain.
Ms. Andrade stated the subject property has a zoning history of Conditional Use permits. Conditional Use
permits were approved in 2004 and 2007. Each Conditional Use permit expired eighteen (18) months from the
approval date. A building permit will not be issued until a new Conditional Use permit is issued. Ms. Andrade
said the community center and school would offer the same services and events as the previous 2007 Conditional
Use request. There would be minor modifications to the site plan and interior layout based on building review
comments.
Ms. Andrade stated the community center would occupy 60 percent of the building that would include: a gym,
auditorium, offices, and guest rooms. The school would occupy 40 percent of the building and would include:
Richard Rogers, Chair PZ-29-08
Planning & Zoning Commission Meeting February 26, 2009 Page 1 of 4
classrooms, labs, and administrative offices. Ms. Andrade said the school's area has been increased by
approximately 11,115 square feet from the 2007 Conditional Use request. The Petitioner proposes to add
landscaping to the site to comply with the Village landscape requirements.
Ms. Andrade showed illustrations of the interior layout of each floor. She said the zoning ordinance requires
parking based on the use of each space. The required parking for the community center is based on the square
footage of each space; 167 spaces would be required. The school's parking is based on the number of students
and staff; 46 spaces required for the school portion. Ms. Andrade said a total of 213 parking spaces are required
by code. The Petitioner's site plan shows 218 parking spaces would be provided; therefore, this parking would
comply with Village code requirements for a building permit.
Ms. Andrade stated compliance with all fire and building codes for assembly and educational occupancy would be
required. The Fire Department required that the cul-de-sac of Midway Drive be striped per Village code as a no
parking fire lane. Public Works has requested site improvements such as sanitary service and paving. Ms.
Andrade said a Metropolitan Water Reclamation District (MWRD) permit would also be required.
Ms. Andrade said Staff did receive an e-mail from an adjacent property owner, the Society of Critical Care
Medicine; with some concerns for the proposal. Ms. Adrade stated that a representative from this organization
was in attendance to address their concerns.
Ms. Andrade summarized the Conditional Use standards; Staff believed the request to operate a community center
and school satisfied the Conditional Use standards. Ms. Andrade said that Staff recommended approval of the
motion listed in the Staff Report.
Chairman Rogers stated that they have been talking about this building for over two years; or even longer. He
wanted to know if the building was occupied. Ms. Andrade said a temporary occupancy was issued for office
space.
William Beattie confirmed that the additional 11,000 square feet for the school would be added with no external
modifications to the building. Ms. Andrade stated that this was correct.
Chairman Rogers swore in Serkan Aykan, 1560 W. Dempster Street, Mount Prospect, Illinois. Mr. Aykan said at
the time his organization was obtaining the Conditional Use permit in 2007, they were looking at other properties
that would not require any change to zoning. He stated they could not pursue the other project, so they decided to
continue with the Conditional Use permit that was approved at their current building.
Chairman Rogers asked if it was the Petitioner's intention to proceed with the project if the Conditional Use
permit was approved. Mr. Aykan confirmed they would move forward with the project jf approved.
Mr. Roberts asked what previous property the Petitioner was looking at. Mr. Aykan said St. John's Lutheran
Church and School.
Mr. Youngquist asked if there was still separation between the two buildings. Mr. Aykan stated that everything is
the same from his previous submittal; they just wanted to add the upstairs to the school portion because it was
available for them to do so.
Chairman Rogers asked about the sleeping rooms. Mr. Aykan said the sleeping rooms would be located in the
cultural center part for visiting guests. He stated this space was needed to show hospitality to guests. The rooms
are not for students ofthe school. It can be compared to a hotel accommodation.
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-29-08
Page 2 of 4
Mr. Youngquist stated he knew the Village Board went to great length discussing this case in 2007. He said the
only change would be the classroom space on the second floor.
Chairman Rogers swore in Brian Schramm, 500 Midway Drive, Mount Prospect, Illinois. Mr. Schramm works
for the Society of Critical Care Medicine (SCCM) that is adjacent to the subject property. He wanted to know of
the Planning and Zoning Commission received the written letter sent regarding the SCCM's safety concerns. Mr.
Schramm summarized the five points that they thought were problematic with the proposal. He said if these were
corrected, SCCM would have no issues.
Mr. Schramm stated the parking lot is in disrepair and there are areas where it floods. He said perimeter fencing
might be necessary with young children around. Mr. Schramm stated sleeping rooms in conjunction with a school
could have a negative impact on the children. He was concerned with the increase in traffic flow and the flooding
of Midway Drive.
Chairman Rogers asked if a fence was required between the subject property and the surrounding properties. Ms.
Andrade stated that the Village does not require a fence.
Mr. Beattie asked if any portion of the parking lot would used for a school yard. Ms. Andrade said the Petitioner
did not propose to use any of the paved area as a playground. Mr. Aykan stated children would not play outside.
If there was a need for a fence, he would build one. Mr. Aykan said the sleeping rooms are located at the
southeast portion of the property. The school is located on the north side of the building. Mr. Aykan stated the
school and community center are under one roof, but there are two different buildings and entrances. The school
and community center would not be connected inside.
Chairman Rogers said MWRD would require the Petitioner address any potential flooding issues.
Mr. Floros asked where the students would be coming from and if there would be buses. Mr. Aykan said the
students would be coming from the surrounding communities: Mount Prospect, Arlington Heights, and Des
Plaines. He stated parents would be dropping off the students. The Petitioner has a small bus for apartment areas.
Mr. Youngquist stated there is not a maneuvering area unless the school has small buses. He said this is not a
typical school parking lot.
Chairman Rogers swore in the architect for the project, Stephen Miller of Oak Park, Illinois. Mr. Miller stated the
population in the facility has been limited by the parking lot. The school population by law is not allowed to
grow. He said there would primarily be car traffic, but does not foresee a traffic problem beyond what is allowed
by the parking lot.
Mr. Floros asked if the students required recess. Mr. Miller said all the activities are primarily in the gymnasium.
He stated the school is more of a math/science oriented with recreation contained inside the building.
Chairman Rogers asked about photometrics, landscaping, and the parking lot. Mr. Miller stated the flooding was
an issue because of a filled catch basin. The whole parking lot would be redone. He did not notice a flooding
problem until he observed the north side of the property after the recent September rain event. Mr. Miller said the
catch basin may have collapsed or it was possibly filled with debris. He stated there was a lot of disrepair out
there for a long time and it would be corrected. Mr. Miller said that he talked to his landscaper regarding the
landscape plan. He stated the plan would be fairly simple to develop.
Mr. Youngquist confirmed that the multi-purpose room was also to be used as a gymnasium for the school. Mr.
Aykan stated the gymnasium indicated on the site plan is for the community center and is separate from the
school.
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-29-08
Page 3 of 4
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:04 p.m. and brought the discussion back to the board.
Mr. Beattie made a motion; seconded by Mr. Rogers to approve a Conditional Use permit that would allow a
Community Center and a School to operate as noted in the Petitioner's application for the property at 501 Midway
Drive, Case No. PZ-29-08, subject to compliance with the following conditions:
1. Development of the site and the school portion in general conformance with the plans prepared by
Gensler date stamped January 31, 2008;
2. Development of the community center portion in general conformance with the plans prepared by Sigma
Engineering, Inc., stamped November 7, 2008.
3. Striping and designation of one side of Midway Drive and the bulb of the cul-de-sac as "No Parking Fire
Lane" as noted on the attached Exhibit "B" prepared by the Fire Department;
4. Submittal of a landscape plan in compliance with Village's Zoning Ordinance, including the installation
of 5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southwest
portions of the parking lot;
5. Submittal ofa photometric plan in compliance with the Village's Zoning Ordinance.
6. Based on the number of parking spaces provided on the property, occupancy of the school shall be
restricted to 195 persons. Enrollment records shall be submitted to the Director of Community
Development on an annual basis at the beginning of each school year, or upon the request of the Director
of Community Development.
7. As stated in the Village's Building Code, where a building contains two or more occupancies and where
they share portions of the same means of egress system, those egress components shall meet the more
stringent requirements of all occupancies that are shared. Proposed construction drawings for the project
shall comply with the Village's egress, Building, and Fire Code requirements.
8. 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.
9. Develop the site in conformance with all Village Codes."
The Village Board's decision is final for this case.
UPON ROLL CALL:
AYES: Beattie, Floros, Haaland, Roberts, Youngquist, Rogers
NAYS: NONE
Motion was approved 6-0.
After hearing four additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts.
The motion was approved by a voice vote and the meeting was adjourned.
~#
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-29-08
Page 4 of 4
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EDWARl)<J.MotlOY.i~ ,ASSOCIATES, LTI
.LAND..&:..CoNs"'RUCTI()N~,;StJRVEYoRs
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1230 MAR~,?TREETj BENSENVtlLE. IlliNOIS 60106
(6.30)595-2600 rOle (630)595-4700
~^""I..A":';J '",,' 'O"F' "'S"U" "'''''R' "'V" ""6Y""
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OF
LOT l'IN VAVRUS SUBDIVISION. BEING A RESUBDIVISION OF PART OF LOT 2 IN, NORTHWAY ,lNVESnAENT
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23. :TOWNSHIP 41
,NORTH, RANGE II, EAST OF THE THIRD PRINCIPAl MERIDIAN, ACCORDING TO THE PLAT THEREOF
. REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER
18. 1980 AND 'ILED I>S DOCUMENT LR-3194655.
.. COMMONLY KNOWN '*S 501 DB DRIVE. MOUNT PROSPECT, IWNOIS
THIS SURVEY REFLECTS MATTERS OF TITLE AS SHOWN IN FIRST MCERICAN TITLE INSURANCE
COMPANY COMMITMENT FOR TITLE INSURANCE FILE NO, C-271242, EFFECTIVE DATE:
SEPTEMBER 19, 2003 AND REVISED OCTOBER 22, 2003,
I
cb
NOTES PERTAINING TO NUMBERED EXCEPTIONS IN SCHEDULE B OF TITLE COMMITMENT
9. EASEMENT AS SHOWN ON GRANT OF EASEMENT REGISTERED OCTOBER 7. 1980 AS DOCUMENT
LR-3182087, [SURVEYOR'S NOTE: PLOTTED ON THE DRAWING]
10, EASEMENT FOR PUBLIC UTILITIES AS SHOWN ON THE PLAT OF VAVRUS SUBDIVISION REGISTERED
DECEMBER 18, 1980 AS DOCUMENT LR-3194655. (SURVEYOR'S NOTE: PLomD ON THE DRAWING]
11. BUILDING SETBACK LINE AS SHOWN IN PLAT OF SUBDrvrSION REGISTERED OCTOBER 18, 1976 AS
DOCUMENT LR-2902421. (SURVEYOR'S NOTE: PLOTTED ON THE DRAWING]
FLOOD MAP NOTATION:
AN EXAMINATION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.MA) FLOOD INSURANCE RATE
MAP COMMUNITY-PANEL NO. 170129-0010-'-B, EFFECTIVE DATE: AUGUST 2, 1982 SHOWS THAT THE
PROPERTY SURVEYED HEREON IS NOT SUBJECT TO FLOOD RISK AND THAT SAID PROPERTY FALLS
WITHIN ZONE "C" (AREAS OF MINIMAL FLOODING)
...IOTAL AREA OF TRACT .iURVEYED:
~60,006 SQ. FT. OR 3" ACRES
--c-~ -,""-'-:~ _,_.___. __'~,___,_-,,_ '~__. '___"___~_______
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CORDIAL
DRIVE
PROPERTY INDEX NUMBER: 08-23-402-010
rn::C::IVED "
D:~ I ~ 20~8
VIi..Jge 01 Ml. Pro,pect
Con j[Tlunity Development
SURVEYOR'S NOTE:
THE PROPERTY SURVEYED HEREON IS IN A VILLAGE Of MOpUO~~SP~~';:;~~ ~OCL~~I~~U~~TRi~~~P
ZONING DISTRICT, THE VILLAGE PLANNING DEPARTMENT RE ,
APPLY;
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W
ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT 501 MIDWAY DRIVE
WHEREAS, Niagara Educational Services, Inc. (Petitioner) has filed a petition for a Conditional Use permit to
operate a community center and school with respect to property located at 501 Midway Drive, (Property) and
legally described as:
Lot 1 in Vavrus Subdivision, being a Resubdivision of part of Lot 2 in Northway Investment
Subdivision of part of the Southeast % of the Southeast % of Sec. 23, Township 41 North,
Range 11, east of the 3rd Principal Meridian, according to the Plat thereof registered in
the Office of the Registrar of Titles of Cook County, IL on December 18, 1980 as Document
Number LR-3194655.
Property Index Number: 08-23-402-010;
and
WHEREAS, the "Petitioner" was granted a Conditional Use permit on the "Property" to operate a school and
Community Center on June 19, 2007, Ordinance No. 5633; and
WHEREAS, the community center was never completed and the Conditional Use permit issued June 19, 2007
has expired; and
WHEREAS, the "Petitioner" has since expanded the scope of the project by increasing the school's area by
11,115 square feet with the addition of a second level of classrooms, and seeks a Conditional Use permit to
operate a 42,614 square foot community center and a 29,569 square foot school at 501 Midway Drive as shown
on the "Petitioner's" site plan by Gensler dated January 31,2008, Exhibit "A"; and
WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-29-08
before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of Februa~, 2009,
pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the i day of
January, 2009; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
President and Board of Trustees in support of the request being the subject of PZ-29-08; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to
the request herein and have determined that the same meets the standards of the Village and that the granting of
the proposed Conditional Use permit would be in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and
Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a
Conditional Use permit, to allow the operation of a community center and school at 501 Midway Drive, as shown
on the site plan, a copy of which is attached and made a part hereof as Exhibit "A."
SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions:
1. Development of the site and the school portion in general conformance with the plans prepared by
Gensler date stamped January 31,2008;
2. Development of the community center portion in general conformance with the plans prepared by Sigma
Engineering, Inc., stamped November 7,2008.
3. Striping and designation of one side of Midway Drive and the bulb of the cul-de-sac as "No Parking Fire
Lane" as noted on the attached Exhibit "B" prepared by the Fire Department;
r.
PZ-29-08, 501 Midway Drive
Page 2/2
4. Submittal of a landscape plan in compliance with Village's Zoning Ordinance, including the installation of
5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southwest
portions of the parking lot;
5. Submittal of a photometric plan in compliance with the Village's Zoning Ordinance.
6. Based on the number of parking spaces provided on the property, occupancy of the school shall be
restricted to 195 persons. Enrollment records shall be submitted to the Director of Community
Development on an annual basis at the beginning of each school year, or upon the request of the
Director of Community Development.
7. As stated in the Village's Building Code, where a building contains two or more occupancies and where
they share portions of the same means of egress system, those egress components shall meet the more
stringent requirements of all occupancies that are shared. Proposed construction drawings for the
project shall comply with the Village's egress, Building, and Fire Code requirements.
8. A building permit, in accordance with the current regulations and requirements of the 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.
9. Develop the site in conformance with all Village Codes.
SECTION FOUR: That 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 March, 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\ORDINANCE2\C.USE.PZ29-08march2009, 501 MidwayDrive,Niagra Foundation.doc
PZ-29-08
Planning & Zoning Commission meeting February 26, 2009
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
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TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
~~. ~1"t.,
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FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
FEBRUARY 27, 2009
SUBJECT:
PZ-07-09/ 916 S. OWEN STREET / SIDE YARD SETBACK
YOGI PATEL - PETITIONER
The Petitioner proposes to construct a building addition on the north side of the home to enlarge the
existing one-car garage to a two-car garage and to add a laundry room. In order to accommodate the
expansion, the addition would encroach into the required side yard. The proposed addition encroaches
into the interior side yard by 3.6 feet. The Petitioner is seeking a Variation to allow a three (3) foot side
yard setback along the north lot line when the Zoning Ordinance requires a 6.6 foot side yard.
The Planning and Zoning Commission conducted a public hearing to review the request on Thursday,
February 26, 2009, and by a vote of 5-1 recommended denial of a Variation to allow a three foot (3)
side yard setback along the north lot line for the residence at 916 S. Owen Street. 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 March 17, 2009 meeting. Staff will be present to answer any questions related to
this matter.
w-
H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-07-09 916 S. Owen Street (Variation-Side Yard}.doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-07-09
Hearing Date: February 26, 2009
PROPERTY ADDRESS:
916 S. Owen Street
PETITIONER:
Yogi Patel
PUBLICATION DATE:
February 11, 2009
PIN NUMBER:
08-13-208-020-0000
REQUEST:
Variation (Side Yard Setback)
MEMBERS PRESENT:
Richard Rogers, Chair
William Beattie
Leo Floros
Marlys Haaland
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Joseph Donnelly
ST AFF MEMBERS PRESENT:
Brian Simmons, AICP, Deputy Director of Community Development
Consuelo Andrade, Development Review Planner
INTERESTED PARTY:
Yogi Patel
Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the
minutes of the January 22, 2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4-
0; with Marlys Haaland and Ronald Roberts abstaining. After hearing two previous cases, Chairman Rogers
introduced Case PZ-07-09, a request for a Variation (Side Yard Setback) at 916 S. Owen Street, at 8:09 p.m.
Consuelo Andrade, Development Review Planner, said the Petitioner was applying for a side yard setback
Variation. The subject property is located on the west side of Owen Street and contains a single-family residence
with related improvements. The subject property is zoned R-l single-family residential and is bordered by the R-
1 District on all four sides. The property is conforming to existing setbacks and lot coverage. Ms. Andrade
showed the site plan; the proposal called for a building addition along the north property line. She said the
Petitioner proposed to enlarge the existing one car garage into a two car garage and add a laundry room. The
Petitioner was requesting a three foot side yard setback along the north property line.
MAd d h
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s. n ra e s owe t e u reqUIrements or t e - zonmg Istnct:
Rl Single Family District Existing Proposed
Minimum Requirements
SETBACKS:
Front 30' 30.55' 30.54'
Side (North) 6.6' 11 ' 3'
Side (South) 6.6' 12.70' No change
Rear 20' 49' No change'
LOT COVERAGE 45% Maximum 30% 39.52%
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-07 -09
Page 1 of3
Ms. Andrade summarized the Variation standards. The Petitioner stated in his application that the side yard
encroachment was necessary to enlarge the existing one car garage into a two car garage for additional space. The
additional space would allow the Petitioner to put a child's car seat and leave ample space for his elderly parents
to enter/exit the vehicle without having to go outside. Ms. Andrade stated that Staff understood the added
benefits and flexibility that the enlarged garage would provide to the Petitioner; however, these benefits do not
justify the approval of the requested Variation. She said the existing conditions on the site are not unique. There
are multiple properties in the neighborhood with one car garages. Ms. Andrade stated there are no hardships as
defined by the zoning ordinance.
Ms. Andrade said that Staff recommended denial of the motion listed in the Staff Report.
Chairman Rogers swore in the Petitioner, Yogi Patel, 916 S. Owen St., Mount Prospect, Illinois. Mr. Patel said
there is currently a one car garage; he wanted to extend it to a two car garage because his family is growing. He
stated his parents are moving in and they need the extra space. The current space only gives seventeen (17) feet
of space internally in the garage. He said if he stayed within the requirements, it would not be considered a two
car garage because two cars would barely fit. He stated he needed a couple more feet so he could get in and out
of the car, especially for his parents.
Chairman Rogers stated that the Planning and Zoning Commission normally does not grant a Variation for side
yards because it restricts the frontage.
William Beattie asked if the Petitioner would be able to make this a wider one car garage. Mr. Patel said he has
considered this option. He said he would have trouble moving the cars around.
Mr. Youngquist stated that Petitioner could park two cars side by side on the existing driveway. Mr. Patel stated
that Mr. Youngquist was correct, but he has issues parking two cars if it snows.
Mr. Youngquist said part of the problem in this case is where the builder built the house. The builder built it
exactly in the center of the property. Mr. Patel said if the Planning and Zoning Commission could not grant the
three feet, he said he could use at least a foot and a half or two feet to help open the door.
Mr. Youngquist said the design of the 22.6 foot garage is about as narrow as the Petitioner would like to go for a
two car garage. He stated what the Petitioner was asking for was appropriate, but he has an issue with it going
into the side yard.
Mr. Beattie said with what the Petitioner currently has, he could go from the existing 11 foot setback to 6.5 feet
for a larger single car garage. The 6.5 foot setback would meet code.
Mr. Floros asked if Staff or the Commission has heard from the neighbor directly to the north. Mr. Patel stated
that he has talked with some of his neighbors. He said there are houses in the neighborhood that have two car
garages.
There was general discussion regarding other garages in the neighborhood.
Mr. Floros stated he has a hard time approving a Variance practically up to the lot line. He does not want to
create a precedent. Mr. Patel said he understood the possibility of not obtaining a three foot Variance, he
requested a Variance to encroach one and a half or two foot into the required side yard.
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-07 -09
Page 2 of3
Chairman Rogers stated that the Planning and Zoning Commission would like to keep the side yard setback the
way it is. He said the Petitioner still could build a 1.5 car garage.
Chairman Rogers asked if there was anyone in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:26 p.m. and brought it back to the board.
Mr. Roberts asked Staff if the other neighbors in the area with two car garages were compliant.
There was general discussion regarding neighbors' garages.
Chairman Rogers asked a question regarding driveways. Ms. Andrade stated that driveways could go to the
property line. Mr. Simmons confirmed that the neighbors could have a combined driveway.
Chairman Rogers advised the Petitioner that a two car detached garage could be built. Mr. Patel said he wanted
the garage attached to the home.
Mr. Floros made a motion; seconded by Mr. Youngquist to approve a Variation to allow a three (3) foot side yard
setback along the north lot line, as shown in the exhibit prepared by Thomas Buckley Architect & Associates,
dated January 28, 2009 for the residence at 916 S. Owen Street, Case No. PZ-07-09.
This case is Village Board final since the Variation exceeds 25% of the Zoning Ordinance requirement.
UPON ROLL CALL:
AYES: Roberts
NAYS: Beattie, Floros, Haaland, Youngquist, Rogers
Motion was defeated 5-1.
After hearing two additional cases, Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts.
The motion was approved by a voice vote and the meeting was adjourned.
~#
Ryan Kast
Community Development Administmtive Assistant
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-07 -09
Page 3 of3
S70 E. NORTHwrSl H\NY,
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ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION (SIDE YARD SETBACK)
FOR PROPERTY LOCATED AT 916 SOUTH OWEN STREET,
MOUNT PROSPECT, ILLINOIS
WHEREAS, Yogi Patel (Petitioner), has filed a petition for a Variation to allow for a three foot (3')
side yard setback along the north lot line for property located at 916 South Owen Street (Property)
and legally described as:
Lot 22 in Clearbrook Estates, being a Subdivision of that part of the West half (1/2) of the
West half (1/2) of the Northeast quarter (1/4) of Section 13, Township 41 North, Range 11,
East of the Third Principal Meridian, lying North of the center line of Golf Road, as per Plat
of Dedication, recorded October 11, 1929, as Document Number 10494973, according to the
Plat of said Clearbrook Estates registered in the office of the Registrar of Titles of Cook
County, Illinois, on August 21,1956, as Document Number 1690611.
Property Index Number 08-13-208-020-0000; and
WHEREAS, the "Petitioner" seeks a Variation to allow for the enlargement of the existing one (1) car
garage into a two (2) car garage and create a three foot (3') side yard setback along the north lot
line, as shown on the "Petitioner's" site plan prepared by Thomas Buckley Architect & Associates,
dated January 28, 2009, Exhibit "A"; and
WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-07 -09
before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of
February, 2009, pursuant to proper legal notice having been published in the Mount Prospect
Journal & Topics on the 11th day of February, 2009; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and negative
recommendation to the President and Board of Trustees of the Village of Mount Prospect for the
request being the subject of PZ-07 -09; 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 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.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby
grant approval of a Variation to allow for the enlargement of the existing one (1) car garage into a
two (2) car garage and create a three foot (3') side yard setback along the north lot line, all as shown
on the site plan dated January 28, 2009 a copy of which is attached and made a part hereof as
Exhibit "A."
D
Page 2/2
PZ-07-09
SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of
this Ordinance with the Recorder of Deeds of Cook County.
SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this day of March 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H :\CLKO\WI N\ORDINANCE2\V AR-PZ07 -09916owenmarch2009 .doc
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Village of Mount Prospect
Community Development Department
, Mount Prospect r
MEMORANDUM
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TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
FEBRUARY 27, 2009
SUBJECT:
PZ-05-09/ 800 N. RIVER ROAD / CONDITIONAL USE (DRIVE THRO
AND VARIATION (PARKING SPACES)
KENNETH BRANDEIS (ARCHITECT) - PETITIONER
The Petitioner proposes to redevelop the site from a car wash to a commercial multi-tenant building.
The existing car wash structure would be reduced in size and enclosed to include three retail spaces and
one drive through restaurant on the east end. The Petitioner seeks approval of a Conditional Use permit
for a drive through and a Variation to reduce the number of required parking spaces from nineteen (19)
to eighteen (18), for the property commonly known as the 800 N. River Road.
The Planning and Zoning Commission conducted a public hearing to review the request on Thursday,
February 26, 2009 and by a vote of 4-2 recommended denial of a Conditional Use for a drive through
and a Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18) for
the property at 800 N. River Road. 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 March 17, 2009 meeting. Staff will be present to answer any questions related to
this matter.
w
H:\PLAN\Planuing & Zoning COMM\P&Z 2009\MEl MEMOS\PZ-05-09 800 N. River Road (CU & Variation).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-05-09
Hearing Date: February 26, 2009
PROPERTY ADDRESS:
800 River Road
PETITIONER:
Kenneth Brandeis - Jakl Brandeis Architects
PUBLICATION DATE:
February II, 2009
PIN NUMBER:
03-25-400-018-0000
REQUEST:
I) Conditional Use for a Drive Through
2) Variation for a Parking Space
MEMBERS PRESENT:
Richard Rogers, Chair
William Beattie
Leo Floros
Marlys Haaland
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Joseph Donnelly
ST AFF MEMBERS PRESENT:
Brian Simmons, AICP, Deputy Director of Community Development
Consuelo Andrade, Development Review Planner
INTERESTED PARTIES:
Ken Brandeiss, Jesse Fojo, Jennifer Delisle, John Truncale, Bridget
Mukite
Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the
minutes of the January 22,2009 meeting; Keith Youngquist seconded the motion. The minutes were approved 4-
0; with Marlys Haaland and Ronald Roberts abstaining. After hearing four previous cases, Chairman Rogers
introduced Case PZ-05-09, a request for a Conditional Use for a Drive Through and Variation for a parking space
at 800 River Road, at 9: 15 p.m.
Consuelo Andrade, Development Review Planner, stated the property owner would like to redevelop the site from
a car wash to a commercial multi-tenant building with a drive through restaurant. The Petitioner was requesting a
Conditional Use with a drive through and a Variation to the required number of parking spaces. The subject
property is located at the Northwest corner of the intersection of River Road and Kensington Road; it is zoned B-4
Corridor Commercial. The property is adjacent to the R-4 Multi-Family District to the west and north, and
unincorporated Wheeling Township to the south and east.
Ms. Andrade said under the proposed redevelopment plan, the vacuuming structure currently located on the west
side of the property would be demolished. The car wash structure would be enclosed and reduced in size. The
building would be reduced from 3,741 square feet to 2,386 square feet; and include four commercial tenants with
a drive through at the east corner. The Petitioner proposes to add parking and landscaping to the site and enhance
the building's fayade. The Petitioner seeks approval of Conditional Use permit and a Variation to the required
parking to allow redevelopment of the site.
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-05-09
Page 1 of 5
Ms. Andrade showed the site plan. The Petitioner's site plan indicated 1,242 square feet of retail and 1,144
square feet for a drive through restaurant. The Petitioner is required to provide five (5) parking spaces for the
retail portion and fourteen (14) parking spaces for the restaurant; for a total of nineteen (19) parking spaces
required. The Petitioner is requesting a Variation to reduce the amount of parking spaces from nineteen (19) to
eighteen (18) parking spaces. The Petitioner worked on a number of concept plans before finalizing the site plan
and tried to comply with landscaping requirements by adding interior landscaping and foundation landscaping at
the Southeast corner of the site. The proposed site would comply with the required eight (8) spots for stacking in a
drive through. Access into the property from adjacent roadways would not change from present conditions. The
existing access drive from Kensington Road would be maintained and the Petitioner did not propose an access
drive from River Road. Ms. Andrade showed and discussed the landscape plan. The redevelopment of the site
would not affect the perimeter landscaping; the Petitioner would add interior and foundation landscaping.
Ms. Andrade showed the building elevations. The north and south building facades would be enhanced with the
addition of new building materials. The front elevation would include brick, glass, cut stone, decorate dryvit, and
metal canopies. The rear elevation of the building would include a mixture of brick, decorative dryvit, and
concrete. Since the rear elevation fronts residential property, the proposed rear elevation shall be revised to be
compatible with the adjacent residential by replacing the proposed concrete masonry units with brick materials.
Ms. Andrade said the adjacent neighbors subm itted a petition in opposition of the proposed redevelopment of the
site. They were concerned with the close proximity of the drive-through to the residential use, the potential smell
of food, the lack of parking, property maintenance, and hours of operation. Ms. Andrade stated that drive-through
restaurants next to residential areas is not uncommon in the Village. The Petitioner was proposing to change a
drive-through car wash to a drive-through restaurant. The building permit review would ensure that the hood is
installed properly and the easterly winds in the area would alleviate the smell of the drive-through restaurant. The
Petitioner intended to keep the dumpsters in the same area on the northwest corner of the property; the dumpsters
are presently enclosed by a wood privacy fence. Routine property maintenance, food, and sanitary inspections
would insure that the property is being maintained. A tenant for the drive-through restaurant has not been
disclosed to the Village.
Ms. Andrade said as stated earlier, the subject property is surrounded by perimeter landscaping. The landscape
areas along the north and west property lines act as buffers between the subject property and the residential uses.
This area measures more than thirteen (13) feet wide and consists of a six (6) foot high wood privacy fence and
eight (8) foot high hedge bushes. Ms. Andrade showed pictures of the screening.
Ms. Andrade summarized the code standards for a Conditional Use and Variation. Retail and restaurants are
permitted uses in the commercial district that the property is currently zoned. Additionally, the proposal would be
in compliance with the Village's Comprehensive Plan designating the property for commercial land uses. The
proposed drive-through is a less intense use than the existing multi-bay car wash. Ms. Andrade said that Staff
recommended approval of the motion listed in the Staff Report.
Chairman Rogers swore in Ken Brandeiss, 842 Kingston Lane, Bartlett, Illinois and Jesse Fojo, 670 Plum Tree
Road, Barrington, Illinois. Mr. Brandeis stated that Mr. Fojo was losing money with the current use as a car
wash. He said Mr. Fojo came to him to discuss different types of uses. They decided a fast food restaurant and
retail space was the way to go.
Chairman Rogers asked the Petitioners if they were aware of the petItIon submitted by approximately 50
neighbors. Mr. Fojo stated that they have not identified what type of fast food store would go into the proposed
development. He said the ideal food place would be similar to a Jimmy John's; a place that does not cook
anything, but only bakes bread. Mr. Fojo stated there would be no fryers. He also suggested that a coffee shop
like a Starbucks would be a good use. He said odors from the restaurant are positive compared to gas fumes that
are coming from its current use as a car wash. Mr. Fojo said they do not know what tenants would lease out the
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-05-09
Page 2 of 5
space as they had just begun the process. He said the reason for redeveloping the site was based on economics;
sales are down and costs are up.
There was general discussion regarding the usage of dryvit in the Village and on the building.
Chairman Rogers said the type of restaurant is a major concern to the residents. He said the Petitioners may have
an issue leasing space due to the economy. Mr. Fojo stated that he was trying to come up with the best solution
for the property.
There was general discussion on whether tenants have been signed or looked at the proposed development.
Mr. Youngquist said the retail spaces were small and he knows the Petitioners were working with the existing
building. He does understand the Petitioners are requesting the approval from the Planning and Zoning
Commission and the Village Board, but he said that the Petitioners have locked themselves into parameters
because of the parking requirements. If they want to expand the restaurant space, the parking ratios would
change. He said the Petitioners do not have a lot of flexibility. He complimented the Petitioners for attempting to
change the use.
Mr. Fojo said the project does depend on tenants. He said they are restricted by the landscaping.
There was further discussion regarding potential uses.
Chairman Rogers swore in Jennifer Delisle, 814 River Road, Mount Prospect, Illinois. Ms. Delisle stated that 55
residents signed a petition against the proposal. She showed the board a picture of where the condos are located
compared to where the proposed drive-through would go. She said the units that face the proposed drive-through
location; that is their only outside area. All of their windows and exterior patio doors only face that side; no other
choice to open windows on any other side. The air conditioning units only face this side of the building. Ms.
Delisle said any smell from a proposed restaurant would go into the condos.
Chairman Rogers asked Ms. Delisle how they are affected with the car wash. Ms. Delisle stated there have been
no issues with the current use; noise and exhaust is not a problem. She said the proposed parking would be an
issue with what the Petitioner is proposing. She was concerned with overflow cars utilizing the condo's parking
lot.
Ms. Andrade clarified that a restaurant is a permitted use within the zoning district and the petitioners request for
a drive-through and parking variation require additional zoning approval.
Chairman Rogers said the Petitioner was basically meeting the parking requirements, short by one car. He said
the retail spaces are so small that parking should not be an issue. Chairman Rogers did understand the issue
regarding the smell of a potential fast food restaurant.
Chairman Rogers swore in John Truncale, 270 Woodland Drive, Mount Prospect, Illinois. Mr. Truncale is
concerned with the drainage if the proposed development was approved. He said there currently there are
drainage issues with its current use. Mr. Truncale stated he does not have an issue with a restaurant going into the
site. Chairman Rogers said from what he sees in the plans, the Petitioner was not planning on changing the
grading. The building would be slightly smaller as two east drive bays are being removed. The roof area would
be smaller. Chairman Rogers does not believe the drainage will change.
Chairman Rogers swore in Bridget Mukite, 804 River Road, Mount Prospect, Illinois. Ms. Mukite said there was
already a lot of traffic in their lot because of the two bars south of the proposed development in unincorporated
Cook County. Ms. Mukite stated she is concerned that there might be additional problems for the condos to the
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-05-09
Page 3 of 5
north if the proposed development sits vacant with no tenants. Chairman Rogers stated there is a fence between
the properties.
Chairman Rogers asked if there was anyone in the audience to address this case. Hearing none, he closed the
public portion of the case at 9:55 p.m. and brought the discussion back to the board.
Mr. Floros made a motion; seconded by Ms. Haaland to approve the following motions:
"To approve:
1) A Conditional Use permit for a Drive Through; and
2) A Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18), for the
property commonly known as the 800 N. River Road, Case No. PZ-05-09, subject to compliance with the
following conditions:
A. Prior to the issuance of a development permit, the petitioner shall provide civil engineering
drawings for review and approval by the Village. The engineering drawings shall illustrate the
existing conditions, demolition of the site/building to be removed, and proposed improvements.
The proposed plans must include details of the pavement marking, signage, grading, and utility
improvements.
B. Development of the site in general conformance with the site plan prepared by Jakl Brandeis
dated November 11, 2008 and received by the Community Development Department on January
30,2009. The site plans shall be modified to reflect the following changes:
a. The plan needs to show the existing topography in the right of way adjacent to the site.
b. The one-way, westbound exit from the drive-through should taper down to twelve feet
(12') to discourage traffic from entering the wrong way.
C. A detailed landscape plan in accordance to the landscape requirements of Article 23 of the
Zoning Code shall be submitted for staff review and approval. The landscape plan shall detail
both new proposed plantings and existing landscaping on the property.
D. Any work in either Kensington Road or River Road rights of way will require a permit from the
Illinois Department of Transportation (lOOT).
E. Development of the elevations in general conformance with the building elevations prepared Jakl
Brandeis dated November 11, 2008 and received by the Community Development Department on
January 30, 2009. The rear elevation shall be modified to reflect the following change:
a. The concrete block shall be replaced with brick along the building's north facade.
F. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner
shall submit photometric plans and drawings (cut sheets) that satisfy the Village's code
requirements for illumination.
G. The Petitioner shall construct the building in accordance to all Village Codes and regulations,
including, but not limited to: the installation of automatic fire sprinklers and fire alarm systems.
Additional fire hydrants may be necessary.
H. A building permit, in accordance with the current regulations and requirements of the 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 perm it is issued within the one (1) year
requirement and improvements completed within a period of eighteen (18) months."
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-05-09
Page 4 of 5
The Village Board's decision is final for this case.
UPON ROLL CALL:
A YES: Floras, Youngquist
NAYS: Beattie, Haaland, Roberts, Rogers
Motion was defeated 4-2.
Mr. Beattie made a motion to adjourn at 9:57 p.m., seconded by Mr. Roberts. The motion was approved by a
voice vote and the meeting was adjourned.
~%
Ryan Kast
Community Development Administrative Assistant
Richard Rogers, Chair
Planning & Zoning Commission Meeting February 26, 2009
PZ-05-09
Page 5 of 5
LINCOLNWOOD, IL 60712
(847) 675-30{
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PH. (630) 562-3900 FAX (630) 562-2570
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ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION
FOR PROPERTY LOCATED AT 800 NORTH RIVER ROAD, MOUNT PROSPECT, ILLINOIS
WHEREAS, Ryal, LLC (Petitioner), has filed a petition for a Conditional Use permit for a commercial multi-
tenant building with drive through access and Variation for parking with respect to property located at 800
North River Road (Property) and legally described as:
Lot 2 in Kensington Creek, A Resubdivision of Part of Lot 4 in the owner's subdivision in
the Southeast X of Section 25, Township 42 North, Range 11, East of the Third Principal
Meridian, in Cook County, Illinois.
Property Index Number: 03-25-400-018-0000; and
WHEREAS, the "Petitioner" seeks a Conditional Use permit to redevelop the site from a car wash to a
commercial multi-tenant building with drive through access; and
WHEREAS, the "Petitioner" seeks Variation to reduce the number of required parking spaces from nineteen
(19) to eighteen (18) as shown on the "Petitioner's" site plan prepared by Jakl Brandeis dated November 11,
2008, Exhibit "A"; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the
subject of PZ-05-09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th
day of February, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal &
Topics on the 11th day of February, 2009; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to
the President and Board of Trustees of the Village of Mount Prospect for the request being the subject of PZ-
05-09; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration
to the requests herein and have determined that the requests meet the standards of the Village and that the
granting of the proposed Conditional Use permit for a drive-through and 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.
SECTION TWO: Approval of the Conditional Use and Variation is subject to compliance with the following
conditions:
A. Prior to the issuance of a development permit, the petitioner shall provide civil engineering
drawings for review and approval by the Village. The engineering drawings shall illustrate the
existing conditions, demolition of the site/building to be removed, and proposed improvements.
The proposed plans must include details of the pavement marking, signage, grading, and
utility improvements.
B. Development of the site in general conformance with the site plan prepared by Jakl Brandeis
dated November 11, 2008 and received by the Community Development Department on
January 30, 2009. The site plans shall be modified to reflect the following changes:
a. The plan needs to show the existing topography in the right of way adjacent to the
site.
b. The one-way, westbound exit from the drive-through should taper down to twelve feet
(12') to discourage traffic from entering the wrong way.
E
Page 2/2
PZ-05-09
C. A detailed landscape plan in accordance to the landscape requirements of Article 23 of the Zoning
Code shall be submitted for staff review and approval. The landscape plan shall detail both new
proposed plantings and existing landscaping on the property.
D. Any work in either Kensington Road or River Road rights of way will require a permit from the Illinois
Department of Transportation (lOOT).
E. Development of the elevations in general conformance with the building elevations prepared Jakl
Brandeis dated November 11, 2008 and received by the Community Development Department on
January 30, 2009. The rear elevation shall be modified to reflect the following change:
a. The concrete block shall be replaced with brick along the building's north facade.
F. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall
submit photometric plans and drawings (cut sheets) that satisfy the Village's code requirements for
illumination.
G. The Petitioner shall construct the building in accordance to all Village Codes and regulations,
including, but not limited to: the installation of automatic fire sprinklers and fire alarm systems.
Additional fire hydrants may be necessary.
H. A building permit, in accordance with the current regulations and requirements of the 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 and Variation for redevelopment of the subject property from a car wash
to a commercial multi-tenant building with drive-through access, all as shown on the site plan dated November
11, 2008 a copy of which is attached and made a part hereof as Exhibit "A."
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 March 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
DATE:
VILLAGE MANAGER MICHAEL E. JANONIS
DEPUTY DIRECTOR OF PUBLIC WORKS
MARCH 12, 2009
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TO:
FROM:
SUBJECT: PROPOSED MODIFICATION TO RIGHT-OF-WAY ACCESS C
ORDINANCES I CCTV REQUIREMENT
Attached for your review and consideration please find a copy of a proposed ordinance
that modifies the Village's right..:of-way access control code. Specifically, this ordinance
will require utility companies that seek to install underground conduits or facilities in
Village rights-of-way utilizing trench less technologies, such as directional boring, to
perform post-construction closed-circuit television inspections of encroached or bisected
sewer mains. The purpose of this requirement is to detect construction related damage
to sewer mains in a timely manner.
For many years, this televising requirement has been made a condition of utility right-of-
way construction permits whenever plans indicate that facilities will be installed
perpendicular to sewer mains.
This requirement is a result of the Village's experiences with directional boring and other
trenchless technology techniques. Trenchless technologies, directional boring in
particular, have become extremely popular with utility companies because they are
cheaper, faster, and minimize the costly surface restoration that often accompanies
traditional construction techniques such as open-cut excavation. However, a major
disadvantage of trenchless technology is that is not possible to inspect the placement of
the conduits or visually monitor the path of the boring equipment. As a consequence,
albeit an unintended consequence, the Village has experienced significant damage to
sewer mains on several occasions.
One relevant incident involved the discovery of a Ilmystery pipe" bisecting a Village-
owned sewer in the Wa Pella Avenue right-of-way near Golf Road. During routine TV
inspection work, Village crews found a small diameter conduit had been bored through
the sewer main at mid-pipe level. Despite repeated efforts, no utility company would
acknowledge ownership of this pipe. Ultimately, the Village forces attempted to cut the
pipe and discovered that it was a live natural gas conduit. Nicor finally agreed the pipe
belonged to them and affected necessary repairs. However, efforts to ascertain
Page 2 of2
PROPOSED MODIFICATION OF ROW ACCESS CONTROL ORDINANCES I CCTV REQUIREMENT
MARCH ]2,2009
ownership were complicated greatly by the passage of time (Nicor thought their facilities
in this area had been abandoned). Staff finds it extremely fortuitous that natural gas
never leaked into the sewer and there was never a need to clean the pipe with a
mechanical root-cutter. Village-owned facilities, sewer mains in particular, have been
subject to this type of damage on numerous occasions.
For the most part, this post-construction televising requirement has been well-received
by utilities and contractors. We have achieved a high rate of compliance. However, on
the advice of the Village Attorney, staff believes that enforcement can be improved if it
is formally incorporated into the Village Code in the same manner as our other utility
permitting and right-of-way access control regulations.
With your concurrence, I ask that this matter be forwarded for the Village Board's
consideration at the March 17, 2009 regular meeting. If you have any questions, or
would like to discuss this matter in further detail, please contact me.
2;::~
Cc: Assistant Village Manager Dave Strahl
Director of Public Works Glen Andler
Village Attorney George Wagner
Project Engineer Donna Brown
File
ORDINANCE NO.
DRAFT
AN ORDINANCE AMENDING CHAPTER 9
OF THE MUNICIPAL CODE OF MOUNT PROSPECT REGARDING DAMAGE TO
VILLAGE-OWNED UNDERGROUND FACILITIES ON PUBLIC RIGHTS-OF- WAY
WHEREAS, the Village of Mount Prospect's sanitary and storm sewers and water mains (the
"Village's Underground Facilities") are susceptible to damage during construction by utilities of
underground facilities in the rights-of-way; and
WHEREAS, the Illinois Underground Utility Facilities Damage Prevention Act, 230 ILCS 50/1 et
seq. (the "Act"), requires a utility to take certain steps to prevent damage to other underground utility
facilities during its construction in the rights-of-way, but does not provide a method for the detection of
damage to existing underground utility facilities as a result of such construction; and
WHEREAS, the Village's Underground Facilities have been damaged in the past despite the
requirements of the Act; and
WHEREAS, it is often impossible to immediately detect damage to the Village's Underground
Facilities and the failure to repair such damage endangers the public health and safety, including
residences and businesses, due to uncontrolled flow of water and sewage, and the back up of sanitary and
storm sewers, among other things; and
WHEREAS, the delay in detection of damage to the Village's Underground Facilities makes it
difficult to determine the utility responsible for the damage; and
WHEREAS, it is in the best interests of the Village to establish a method for detecting damage to
the Village's Underground Facilities after a utility has constructed underground facilities that crossed
over or below the Village's s Underground Facilities; and
WHEREAS, the Village has determined that the appropriate method for detecting such damage is
to require the constructing utility to visually inspect the Village's Underground Facilities, which have
been so crossed, through a process known as televising.
F
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NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO
ITS HOME RULE POWERS:
SECTION 1:
That Section 9.815, entitled "Location of Facilities", of Article VIII, entitled
"Construction of Utility Facilities In The Public Rights-of-way", of Chapter 9 of the Village Code of the
Village of Mount Prospect shall be amended by inserting a new sub-subsection d(3), to be and read as
follows:
d) Underground Facilities Crossing Village-Owned Facilities.
3) In order to determine if Village-Owned Facilities have been damaged by a Permittee's
construction of underground facilities crossing above or below Village-Owned Facilities,
the Permittee shall, at its expense and within ninety (90) days after the completion of such
construction, perform a video-taped internal pipe inspection, known as televising, of such
Village-Owned Facilities at the location where said Facilities were crossed, and provide
within that time period a report of the inspection along with a copy of the video-taped
record of the inspection to the Director of Public Works. In the event that damage to
Village-Owned Facilities is discovered at the location where those Facilities were crossed,
such damage shall be deemed prima facie evidence that Permittee's construction caused the
damage, and Permittee shall be responsible for such damage, as provided in the Illinois
Underground Utility Facilities Damage Prevention Act, 230 ILCS 50/1 et seq. This
provision does not limit any civil liability that Permittee may have as a result of the
damage.
SECTION 2: That the Corporate Authorities of the Village of Mount Prospect have determined
that it is a matter of urgency that this Ordinance take effect immediately upon its passage by two-thirds
vote of the Corporate Authorities of the Village of Mount Prospect.
AYES:
NA YES:
ABSENT:
PASSED and APPROVED this _ day of
,2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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