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HomeMy WebLinkAbout5. NEW BUSINESS 08/04/2009 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~b. t---tT'i 9/ ~ Idl FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 27, 2009 SUBJECT: PZ-16-09 /401 E. KENSINGTON ROAD / MAP AMENDMENT BILL F ANGMANN FOR ROBERT HSU - PETITIONER The Petitioner proposes to construct an office building on the property located at 401 E. Kensington Road. In order to establish the office use, a map amendment to rezone the Subject Property from R2 Attached Single- Family to B 1 Business Office is required. The petitioner submitted preliminary site development plans which indicate how the property could be developed under the proposed zoning classification. The Planning & Zoning Commission discussed the request at length. There was discussion about the lack of details in the submitted plans and on how the proposed development did not provide the adequate storm water detention or address the issue that there is no public sanitary sewer in front of the property. The sanitary sewer along the north side of Kensington is privately owned and maintained. They also noted that the property owner previously cut down mature trees that could have been saved and that any proposed development on the Subject Property should be required to 1) provide 50% more landscaping than what is required by Village Code and 2) provide trees that are 50% larger than required by Code. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, July 23, 2009, and by a vote of 6-1 recommended denial of a Map Amendment to rezone from R2 Attached Single Family to B 1 Business Office for the property located at 401 E. Kensington 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 August 4, 2009 meeting. Staff will be present to answer any questions related to this matter. William 1. H:\PLAN\PlilIUllUg & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ. I 6.09 401 E. Kensington Rd(ZMA).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-09 Hearing Date: July 23, 2009 PROPERTY ADDRESS: 401 E. Kensington Road PETITIONER: Bill Fangmann - Sara E.F. Gensburg, Ltd. Architecture/Design PUBLICATION DATE: July 8, 2009 PIN NUMBER: 03-34-201-008-0000 REQUEST: Map Amendment to rezone from R2 to B 1 MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Robert Hsu Chairman Richard Rogers called the meeting to order at 7:30 p.m. Mr. Youngquist made a motion to approve the minutes of the June 25,2009 meeting; Mr. Donnelly seconded the motion. The minutes were approved 6-0; with Mr. Roberts abstaining. Chairman Rogers introduced Case PZ-16-09, 401 E. Kensington Road, a request for a Map Amendment to rezone from R2 to B I, at 7 :31 p.m. Ms. Andrade, Development Review Planner, said the Petitioner for PZ-16-09 was requesting to rezone the Subject Property from R2 Attached Single Family to B 1 Business Office. Ms. Andrade stated the Subject Property is zoned R2 Attached Single Family and is approximately two acres in size. The property is currently unimproved and is bordered by the B3 Community Shopping District to the west and north and by the Rl Single Family District to the south and east. Ms. Andrade said the Petitioner proposed to rezone the subject property from R2 Attached Single Family to B 1 Business Office to construct an office building with related improvements. Ms. Andrade showed the site plan for the proposed development. The proposed development would consist of a one-story office building with parking spaces located to the front and sides of the building. There would be two driveways/access points from Kensington Road. Staff would require the Petitioner to relocate the western drive/access point to the parcel west of the Subject Property, and that the driveway is extended to the Petitioner's proposed development. Therefore, a cross access agreement and easement would be required to ensure perpetual access for the proposed development and future development on the parcel west of the Subject Property. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-16-09 Page I of 5 Ms. Andrade stated the proposed building would be one-story tall with a pitched roof that would measure twenty feet (20') in height to midpoint of the roof. Staff would require the Petitioner to submit detailed elevation drawings and revisions would be required per Staff's review comments at the time of building permit submittal. Ms. Andrade showed a table that included bulk requirements for the B 1 Zoning District: Bl Re uirements 30 feet 1 0 feet 25 feet 25 feet 75% max. Ms. Andrade said the proposed improvements would comply with the required setbacks and lot coverage permitted. Ms. Andrade stated Staff's review of the zoning request to rezone the property does not constitute a full review of the proposed development. The proposed development would be required to comply with all Village Codes and required drawings; such as a detailed landscape, photometric and engineering drawings would be required to be submitted for the building permit. As stated earlier, the site plan and elevation drawings as shown would require some revisions. Additionally, a Plat of Dedication would be required to dedicate the full Kensington Right of Way. Ms. Andrade said the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · Compatibility with existing uses and zoning classification of property within the general area; · Compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; · The suitability of the property for permitted uses listed in the proposed zoning classification. Ms. Andrade stated the Subject Property is adjacent to existing single family residential and commercial properties, and is across the street from the Randhurst Shopping Center. The proposed office building would be an appropriate transitional use for the Subject Property. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. Staff recommended approval of the Map Amendment with the conditions listed in the Staff report. Ms. Andrade stated the Village Board's decision is final for this case. Mr. Youngquist said the parking lot on the proposed plan showed spaces that were eighteen feet (18') in depth and sixteen feet (16') in depth; even though the plan stated 90 spaces at a size of eighteen feet (18') by nine feet (9'). Ms. Andrade stated the proposal included spaces at both sizes. Village Code does allow parking spaces to be reduced to sixteen feet (16') by nine feet (9') where landscape overhangs. Mr. Youngquist asked if the proportion ofthe sixteen foot (16') spaces were okay. Ms. Andrade confirmed that they were okay. Chairman Rogers said Staff brought up questions about the sanitary sewer and the storm drainage; he wanted to know how these issues were being resolved. Ms. Andrade stated the Petitioner would be required to submit drainage engineering drawings for the Village Engineer to review for compliance to Code. The plans for the Planning and Zoning case were preliminary; when the Building Permit is reviewed, the drawings would be Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-16-09 Page 2 of5 reviewed for water detention. Chairman Rogers asked if Staff knew where the closest sanitary sewer was to the Subject Property. Staff did not know the exact location, but the Petitioner would have to obtain permits. Chairman Rogers said there was a possibility that the subject property could tap into the sanitary sewer across Kensington. Ms. Andrade said this was correct. Mr. Youngquist discussed how the parking lot dead ends on the East and West sides of the proposed building. Ms. Andrade stated the proposed site plan could be revised. Ms. Andrade suggested that the proposed building could be moved to the Western part of the property so the parking lot would just be to the North and East of the proposed building. Chairman Rogers swore in Robert Hsu of Skokie, Illinois. Mr. Hsu stated that he heard the Federal Government was looking for a new site for their social security building. He stated that the Federal Government liked his lot because of the location near the Randhurst Mall. Mr. Hsu said that there were additional lots in consideration to host the new social security building. Mr. Hsu stated that he has talked with neighbors surrounding his property and have not heard any complaints about his proposal. Mr. Hsu discussed previous proposals over the years that went before the Planning and Zoning Commission; these proposals included a cultural center and townhomes. Mr. Hsu stated that the Social Security building had to be located in a B 1 District and that was why he was requesting a Map Amendment to rezone from R2 to B I. Chairman Rogers asked Mr. Hsu if there was a contract with the Social Security Administration. Mr. Hsu said that he did not have a contract. He stated that the Social Security Administration was interested in about eight sites including the Subject Property. Mr. Hsu said he had to write a proposal and did not know if his site would be chosen. Chairman Rogers asked if the Social Security office plan did not go through, did he have any other tenants for an office building. Mr. Hsu said no. He did state that there was interest from a group to build senior housing, but was unsure if he would get the height requirement approved by the Village. Chairman Rogers asked Mr. Hsu if he was aware ofthe issue with the sanitary sewer. Mr. Hsu did not know there was not a sanitary sewer connected to the subject property. Chairman Rogers asked Mr. Hsu ifhe was aware that Staff required the detention pond be at least 5 feet deep. Mr. Hsu said he understood. Mr. Beattie asked if Mr. Hsu had another tenant in mind ifhe was unsuccessful. Mr. Hsu stated he did not have an idea what he would do with the property if the Social Security Administration said no. Mr. Beattie asked if the Social Security's approval be contingent on the proposed zoning change. Mr. Hsu said no, he was advised that the next step would be to change the zoning. He said that there was no market to build townhomes for the current R2 zoning district. Mr. Roberts asked for Mr. Hsu to elaborate on the ownership ofthe property. Mr. Hsu gave a brief history of the foundation that owns the property. Chairman Rogers said if the Planning and Zoning Commission rezoned the property to Bl, then only an office building could be built on the property. Mr. Youngquist stated he had some architectural questions regarding the project, but there was no architect present to address the Commission's questions and concerns. The plans indicated that the Social Security offices would not occupy the entire building, so there would be other tenants. Mr. Youngquist stated there are many issues with the plan that included mechanical systems in the building and the roof. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-16-09 Page 3 of 5 Mr. Roberts asked if this project moved forward, would Mr. Hsu invest the money to build a quality building. Mr. Hsu stated that he would do whatever is necessary. He said there was room in the building for office space for a potential medical ~se if the Social Security Administration would allow it. Chairman Rogers said when Mr. Hsu purchased the property; he chopped down all the trees. Chairman Rogers asked that the landscaping be increased on this proposed development to make up for some of the trees that were removed. Chairman Rogers asked if anyone from the public was present to discuss the case; hearing none, he closed the public portion and brought the discussion back to the Commission. Mr. Youngquist was surprised none of the residents were present the way the building was configured. There was additional discussion regarding the aesthetics ofthe building. Mr. Donnelly asked Staff if there was a way to approve the Bl zoning, but have the Petitioner and architect back with all the details so the Planning and Zoning Commission could make sure all of their issues were resolved. Ms. Andrade said that Staff could ask for more detailed and revised drawings before the Village Board reviews as this case is Village Board Final. There was additional discussion on technical issues that an architect would have needed to address. Ms. Andrade said an architect was supposed to be present at the hearing, but Staff is unsure why he did not attend the meeting. Mr. Roberts stated that the architect for the hearing was listed as the Petitioner for this case. Mr. Floros stated there is nothing positive about this proposal. Chairman Rogers asked for a motion. Mr. Floros made a motion to approve a Map Amendment to rezone the property from R2 Attached Single Family to B I Business Office for the property located at 401 E. Kensington Road, Case No. PZ-16-09. Chairman Rogers added two conditions to the motion that any proposed development on the Subject Property should be required to I) provide 50% more landscaping than what is required by Village Code and 2) provide trees that are 50% larger than required by Code. The condition was added in response to the property owners removal of trees on the property without a permit. Mr. Roberts seconded the motion. Mr. Beattie clarified that there could be an approval of the Map Amendment request to rezone, but the Petitioner may not be successful with the plan that was presented to the Planning and Zoning Commission. Mr. Roberts stated that the market is very difficult and it dictates what the use and value is ofthe land. He said he knows it is not an attractive project. Mr. Roberts stated the lot in its current state is a big eyesore. He said the owner is trying to develop the land the best he can. Mr. Donnelly stated that the B I Zoning is a good use for the subject property. He believed that the current project presented to the Commission did not meet the requirements of the Village and needed a lot of work. Mr. Youngquist said in most cases where the Planning and Commission hears a request to rezone, the Commission receives plans that are complete. He said the owner did not have an exact ideal on what he wanted to do with the land. Chairman Rogers stated there was a motion and a second made. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-16-09 Page 4 of 5 The Village Board's decision is final for this case. UPON ROLL CALL: AYES: Roberts NAYS: Beattie, Donnelly, Floros, Haaland, Youngquist, Rogers Motion was defeated 6-1. After hearing two additional cases, Me. Donnelly made a motion to adjourn at 10:01 p.m. The motion was approved by a voice vote and the meeting was adjourned. -:11 F~J / ./;.,~l ;' I ,/ ';/J' ./,,,' / /~tr/' ~/ r Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-16-09 Page 5 of5 VILLAGE OF MOUNT PROSPECT Mount Prospect COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5328 Map An1endlnent Request Z Case Number 0 P&Z - - 08 - E- <- Development Name/Address ~~ Cl::O o <<:l Date of Submission '- y 2;1:: -'- ><2- ~ Hearing Date Q Z - Common Address(es) (Street Number, Street) {Ol t /'\&1'1 '5IN C:;:TOW Site Area (Ae.) Current Zoning Proposed Zoning Total Building Sq. Ft (proposed) 67. t'2..0 5,f=: 12..-"'2... ~~I I~ . '2.80 S:f. Proposed Development and Land Use o f-f.Lc...f;/hllS/NE:?S ~Sf:... Setbacks (Prop.) Front Rear Side Side 3o~ z..c:;-~ 0 t:I 2.5- 2.5- Building Height Lot Coverage (%) # of Parking Spaces Z 2.5~ 5~. l~ ~ 90 0 - E- Tax J.D. Number or County Assigned Pin Number(s) ~ o~-34 - 2.0) -008 c:: 0 r.. z - ~ Legal Description (attach additional sheets if necessary) E- - VJ '1\-\\::.. \t.I f:. s r 4bC, f-E.. 'E:-"\ of TIT~ N o(2.:f1-\- '2..17. 80 ( J:. '(' c..i:,P"" TI+L W 1::.5 .,- "~I) D f 'T"'f=- ND P-TIH::..~ST G.1l~fl-\rc:.(l., ~'f lite.. f.I~ ~J1-J::.~.,- G. 1\.'1 j!.:l"~ oJ: S b-c....,- fEW ~tIr) 1VWI-lSl-\IP ~2.. NDP-~A . ~Nb~ \\ ) e:..tv;,- of- n4L . <\ 11\ ~O ~ntL \ p tl. L. !-II \::.(L.\ 0 (lit N ) IN c..ool( c...OtlNfY ) tLL..1 N Ol S. = Name Telephone (day) ~b!'::-~l r\~l,\ :, 17..- (0 I B... 1 Bl S- I Corporation Telephone (evening) ..... "(~ rw NI is t. Artlefl..'LA N c..Ul..lIl'u'L. QJ wI.) tJ 11JA.1' inN Z C o ~ Street Address Fax ~O E-e fS700 ~L-I>\I {L~ Av~. <( QJ ~c. City State Zip Code Email e o Po. ?tc.oKIL \L Co 00 17 ?--o~'t.t.,.- c..I-fSU 4 ~ YA-HDO, c..oM ~I Z Interest in Property '"'" ~ OWN~{I.... Name Telephone (day) 0 ~LL f~N (- tAAw N ~4.'1- ~15 - 4 S9l #- J 03 1:1::1 o ..... Corporation Telephone (evening) ~ ~ U .9 ~~ttf\ 't-, f. "'~ '{bu.jL~ <( .";:: !:Q'U Street Address Fax Po. 1 105 ~vt.1L€ 9ft. - ?L\. '"IS- {;.. Bk1- 115"~ ~ 5 51 City State Zip Code Email N O(1-1'~ b~l!>o K ll- ~ 00(" <- \:>1 LL e.. C:cf.N~ t; U,e.<;;- L- \"0 . c.oM Developer Name Telephone (day) Address Fax Email Attorney Name Telephone (day) Address Fax Email Z Surveyor 0, Name Telephone (day) E= '" <tii ~ .~ Address Fax OJ! r.:. 0 Email ~~ Qc Engineer !i E ogo Name Telephone (day) I:I::'U ~ii Address Fax UO <I Email !:Q Architect ~\LL fr::.. N ~ r-t\A.fI}./ S4:i- 7 IS" 92iL Name S l\.f-I:\ td, r. 6:-tS-N S bU fL(;r L ,0 Telephone (day): Address I D5" R 'iE:..vf:~'F OIt.IV~ ~u I,-E &:- Fax B4t, 7/S- 95'" Noll- TA !>1t-.oo K'. lL G?C>O ~ '- Email ~ll Le.btNS, &~f47 L'fP.l.U ~ Landscape Architect Name Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois 2 Phone 847.818.5328 Fax 847.818.5329 TOO 847/392-6064 = l.I, Proposed Zoning Change 'ff2...oM ~- L. h w ~-I I D .b J J .fi fi h P d MAd I escn e t le lIstl lcatJOn or t e repose ap men men I i ,,\}\t ffLof' E: (t. T'( 4 1D \)~ A t:>> L~ f.::,~\LO AIJ i \~ L..A (l..G: ~ TO I I . i II c.A 1\1'1 l::rL J-.iet.o O~r\<.k. M \ \,t) nJ l;' ~ '2...0'" I '" ~ WOLJLO \,"0 I . I I, i\~.K-{. PL.~U::. I I: j 0 r_' f: '-trJ O~ >:J ~g <~ :;;t/'.) ~Z 00 Describe in Detail the Buildings and Activities Proposed (attach additional sheets if necessary) trJ- f- U -< A. M~ __)0 {1..1-r< 01=- 1'>> ~ ~U \LO I N\.-r Wo U L'{) Bf.. Oc..c. u PI '-: 0 ~\{ '1'~~ 'So l..1 ~L s E..w.iZ- frY "':0 MI N \ S ~~T )tON ArJO US~o A.S ~,..t of flc.~ f~lL\TY, \I-\-~ (l-.f2.M~1 N I ,.II.:: fof... flON y..Jo u L.O ~~ OLU,l ~1~9 t?-l'r" AN 0 ""'H~(l.... r'f...o~S510NAL. . -Sf:: f'\/\c.f:.... SJ.lc.~ ~s M f:::O lc... A:L o~ Lf.. (;;("~L- or:y::. 1C,.f!; 5 . . 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 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 ~ ~'- Print Name &lLL f I\;,,,j &1'1\. "'" ^' Date (0 - 1\- 0'1 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 tbis application and the associated supporting material. ,/7 I) . / / Property Owner l1._.2.. ,j....:. .-I (,.! (tv!.. L . Ct'J/11.:--)/ e;'-.i~.7 '~'" L"- '~L, , L.--C,'.' i'~C.; ;.,' L..- --'!."L.' , . l L. '~'-l{'... -i., ,. " ~ - .. . " (, . .. '/.;- I ..'. J.... 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AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 401 EAST KENSINGTON ROAD WHEREAS, Bill Fangmann for Robert Hsu ("Petitioner"), has filed an application to rezone certain property generally located at 401 East Kensington Road ("Property"), and legally described as follows: The West 466 feet of the North 217.80 (Except the West 66 feet) of the Northeast Quarter of the Northeast Quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Commonly known as 401 East Kensington Road, Mount Prospect, Illinois. Property Index Number: 03-34-201-008-0000; and WHEREAS, the "Petitioner" has requested the "Property" be rezoned from R2 (Attached Single Family) to B1 (Business Office) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-16-09, before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of July 2009, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 8th day of July, 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; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the su bject of PZ -16-09 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from R2 (Attached Single Family) to B1 (Business Office) District. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August 2009. Irvana K. Wilks Mayor ATTEST: 1b M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDI NANCE2\mapamendment401 eastkensingtonaug2009 .doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~~. ~I e '-l\O' FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: mL Y 27,2009 SUBJECT: PZ-I7 -09 / 927 S. BUSSE ROAD / VARIATION (FRONT YARD) RONALD J. AMBROSE FOR SHELL - PETITIONER The Petitioner proposes to install a new canopy at the Shell gas station located at the Subject Property. The proposed canopy would be replacing a canopy which previously stood on the property, but was removed due to disrepair conditions. The previous canopy was nonconforming as it did not comply with the required front yard setback. The proposed canopy would shelter the existing gas pumps that front Golf Road and would be setback thirteen feet (13') to the front property line, which encroaches seventeen feet (17') into the required front yard. Therefore, the Petitioner is seeking a Variation to construct the canopy as shown in the attachments. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, July 23, 2009, and by a vote of 7 -0 recommended approval of Variation to encroach seventeen feet (17') into the required front yard, as shown in the Petitioner's exhibit, for the property located at 927 S. Busse Road, Case No. PZ-I7-09, subject to compliance with the following conditions: 1. The maximum height permitted for any structure constructed within the seventeen foot encroachment area is limited to nineteen (19) feet. Structures which are constructed behind the underlying zoning district's setback requirements may be constructed to the maximum height permitted within the zoning district; 2. Removal off our (4) parking spaces to be replaced with landscaping; 3. Planting shrubs along the street frontages to screen the parking lot; and 4. Repainting the existing canopy and station structures. 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 August 4, 2009 meeting. Staff will be present to answer any questions related to this matter. ~J-l ~ William J. I H:\PLAN\PlaIUling & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-17-09 927 S_ Busse Rd (VAR-frollt yard).doc: WARREN JOHNSON ARCHITECTS, INC. 19 North Greeley Street, Palatine, Illinois 60067.5025 Telephone: 1.847.359.9616 Fax: 1.847.359.9641 July 27,2009 Village of Mount Prospect Mr. Bill Cooney Director of Community Development 50 S. Emerson Street Mount Prospect, Illinois 60056 (847) 818-5328 phone (847) 818-5329 fax Ae: PZ-17-09 / Variation - Front Yard Setback Shell Oil Products US 927 S. Busse at Golf Mount Prospect, Illinois Dear Mr. Cooney, We are requesting the second reading of the ordinance for the above project be waived. We are aware the first reading will take place on August 4, 2009 at 7 pm. We will be in attendance for the meeting on August 4, 2009. Please feel free to contact me at (847) 359-9616 extension 14. Respectfully submitted, /{t1UU / tk,~~/ Ronald J. Ambrose Associate Warren Johnson Architects, Inc. RECEIVED JUL 2 8 2009 Village of Mt. Prospect Community Deve!:)prrc;,n.t MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-17-09 Hearing Date: July 23, 2009 PROPERTY ADDRESS: 927 S. Busse Rd. PETITIONER: Ronald J. Ambrose for Shell PUBLICATION DATE: July 8, 2009 PIN NUMBER: 08-14-106-014-0000 REQUEST: Variation - Front Yard Setback (canopy) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Ron Ambrose and Michelle Knapp Chairman Richard Rogers called the meeting to order at 7:30 p.m. Mr. Youngquist made a motion to approve the minutes of the June 25,2009 meeting; Mr. Donnelly seconded the motion. The minutes were approved 6-0; with Mr. Roberts abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-17-09, 927 S. Busse Road, a request for a Front Yard Setback Variation (canopy), at 7:31 p.m. Ms. Andrade, Development Review Planner, stated the Petitioner for PZ-17 -09 was requesting a Variation to encroach seventeen feet (17') into the required front yard for the property located at 927 S. Busse Road. The Subject Property is located at the northeast corner of the Busse Road and Golf Road street intersection. Ms. Andrade said the Subject Property is zoned B4 Corridor Commercial and contains an automobile service station with related improvements. The property is nonconforming as the existing structure and parking lot do not comply with the required setback and the site exceeds the maximum lot coverage permitted. Ms. Andrade stated the Petitioner proposed to install a new canopy at the Shell gas station located at the Subject Property. The proposed canopy would be replacing a canopy which previously stood on the property, but was removed due to disrepair conditions. The proposed canopy would shelter the existing gas pumps that front Golf Road and would be setback thirteen feet (13 ') to the front property line, which encroaches seventeen feet (17') into the required front yard. Ms. Andrade said the proposed canopy would be 19 feet high and would include new signage. Ms. Andrade showed a table that included bulk requirements for the B4 Zoning District: Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-17-09 Page I of 5 B4 District Minimum Requirements Proposed SETBACKS: Front 30' ]3' Interior 10' 57' Exterior 30' 59' Rear 20' 106' LOT COVERAGE 75% Maximum 91% Ms. Andrade stated the canopy would comply with the required exterior and interior setbacks but not comply with required 30 feet front yard setback. The existing lot coverage would not change and would remain at 91 %. Ms. Andrade said since the canopy would include new lighting, the Petitioner submitted a photometric plan for staff to review. The photometric plan does not meet Code because it exceeds the Code's maximum permitted illumination levels within the property and at the south property line. A revised photometric plan would be required at the building permit stage. Ms. Andrade stated the intent of the Village Code is to bring nonconforming structures into compliance with the bulk regulations. Per Section 14.402 of the Village Code, any nonconforming structure is required to be brought into compliance when the structure is damaged or destroyed to the extent of more than fifty percent (50%) of its replacement value. The removal of the previous canopy required the new canopy to comply with the Code requirements. Ms. Andrade said the potential existed to modify the proposal to comply with the front yard setback requirements and make other improvements to the property that would bring the site closer to compliance with the Code. The number of curb cuts could be reduced from four down to two by eliminating the two cuts closest to the intersection of Golf Road and Busse Road. Also, the lawn areas and sidewalks could be extended along both frontages in the areas eliminated above to reduce the nonconforming lot coverage to approximately 89% of the lot area. Ms. Andrade stated the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. Ms. Andrade said the Zoning Code defined a hardship as "a practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances". Although the site is located on a corner, the site is not restricted by a small lot width. Similar conditions exist throughout the surrounding neighborhood and are therefore not unique to this property. The Petitioner has the option of modifying the proposal so that the canopy meets the 30-foot setback, as permitted by the Zoning Code, and make other improvements to the site. While this design may not be the most convenient option, the canopy would meet the required setback, and will bring the site closer to compliance with the Code. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-17-09 Page 2 of 5 Staff recommended denial of the Variation request. Ms. Andrade stated this case was Village Board final since the Variation request exceeded 25% of the Zoning Ordinance requirement. Mr. Donnelly asked Staff if they were aware of any other Variations granted for canopies. Ms. Andrade said she was not aware of any recent Variation approvals for the setback of canopies. She stated it would not be unusual for existing gas stations not to comply with the required setbacks if the gas stations have been around for a while or were constructed before the zoning code requirements. Mr. Beattie asked if the Petitioner would have to rotate the canopy, would they have to move the gas pumps as well. Ms. Andrade stated that this was correct. Chairman Rogers asked if Staff looked into having the Petitioner reduce the size of the canopy by not covering the last space closest to Golf Road. Ms. Andrade said that this would be another option for the Petitioner. Chairman Rogers said it would still not meet the thirty foot (30') setback, but it would be a lot closer. Mr. Beattie asked if the proposed canopy was the same size as the canopy that was removed. Ms. Andrade stated yes. Chairman Rogers swore in Ron Ambrose of Warren Johnson Architects, 19 N. Greeley St, Palatine, Illinois and Michelle Knapp of Shell Oil Company, 649 Aberdeen, Cary, Illinois. Mr. Ambrose stated there was a previous canopy at the subject property that was removed in October/November 2008. It was removed because the existing canopy columns were rusting and the gas station was told by the manufacturer that the previous canopy would not make it through the winter. Mr. Ambrose said the canopy was removed for safety reasons and they just want to put a canopy back as it previously existed. Mr. Ambrose stated he has discussed and looked at Staffs recommendations. Chairman Rogers asked ifMr. Ambrose would consider eliminating two ofthe driveways into the station. Mr. Ambrose said they have looked at this. He stated the problem is that the southern driveway along Busse Road is where the tanker truck accesses the site. The tanker will deliver the product and then exit the eastern driveway along Golf Road. Mr. Ambrose said most of the traffic flow for the station comes from West bound Golf Road. Cars will pull in the eastern driveway, fuel, and then exit the western driveway along Golf Road. If the western driveway was closed, the drivers would have problems exiting the station. If the southern driveway along Busse Road was closed, the tanker would not be able to access the site. Mr. Ambrose stated that he did look at the possibility of rotating the canopy per Staffs suggestion. Mr. Ambrose provided a site plan of what the subject property would look like if indeed the canopy was rotated. The canopy columns would need to be a certain distance from the underground fuel tanks. The Petitioner did not want to move the fuel tanks due to the large cost of doing so. Mr. Ambrose said if the canopy was moved, then two of the service bays would be blocked by customers fueling up. Mr. Ambrose stated that if the canopy was moved; the pumps would have to be moved and the whole yard would have to be re-piped. Chairman Rogers asked if most of the traffic came in off of Golf Road. Mr. Ambrose and Ms. Knapp stated yes. Mr. Ambrose said since the canopy has been brought down, there has been a 20% decrease in sales for the subject property. Chairman Rogers asked about whether or not the Petitioner would be willing to cut back the canopy from Golf Road to allow the last pump to be uncovered. Ms. Knapp said that this is not a preferred solution. She stated that most customers believe that when they pull into a gas station that a canopy would cover them from the outside elements. She stated that if they were denied, she could discuss this option with others at Shell. Richard Rogers, Chair Planning & Zoning Commission Meeting July 23, 2009 PZ-17-09 Page 3 of 5 Chairman Rogers asked if the Petitioner could put four pumps along Busse Road. Ms. Knapp said the primary traffic flow for the station was Golf Road. The reason they are hurt for business is because ofthe traffic that comes from Golf Road. Mr. Youngquist stated all gas stations operate pretty much the same, they need an in and an out. The curb cuts are needed for this site. Mr. Youngquist said he did not have a problem because the canopy is up in the air and the encroachment does not bother him. He stated there are a limited number of pumps at this location that need to be covered. Mr. Youngquist said all the light at gas stations comes from the canopy; people want a lot oflight to feel like they are in a safe environment. If that last pump was eliminated without a canopy, he stated there would be illumination issues. There was general discussion regarding the canopy along Busse Road. Mr. Donnelly said he would like to see some landscaping improvements. He would like to see if the Petitioner could lose a couple of parking spaces to allow for more green space on the Subject Property. Mr. Roberts agreed with Mr. Donnelly; he would be in favor of the canopy if the Petitioner cleaned up the site with additional landscaping and removal of damaged cars/trailers that sit in the spaces. Mr. Ambrose stated that it would not be a problem to remove additional parking spaces for green space. Chairman Rogers asked if something could be done with the canopy along Busse Road. Ms. Knapp stated that it would be painted as part ofthe project. She was in agreement with making the site more presentable and approved the suggestion of removing additional parking spaces for green space. Mr. Simmons stated the parking for the Subject Property does exceed code requirements (by approximately 10 parking spaces), so there is the option to eliminate spaces. If the building setback Variation is approved, the Variation would run along with the land. If the property was redeveloped in the future, there would be that potential for any future development to be built up to the thirteen foot (13') setback line. Chairman Rogers asked if the height could be limited for the setback requirement. The proposed canopy's clearance is fifteen feet (15'). Chairman Rogers asked if a condition could be added that the height limit for a building within the area approved for a variation could be restricted to a height of fifteen feet (15'). Mr. Simmons stated that the Commission could place this as a condition to be approved for the Variation. There was general discussion on how many parking spaces the Commission could ask the Petitioner to remove. The consensus was to eliminate parking four parking spaces (numbers 1,6, 7, and 13 on the site plan) and add additional landscaping. Space number 12 would then be converted into a handicapped space. Mr. Ambrose and Ms. Knapp agreed that this could be done. Chairman Rogers discussed a new paint job on the canopy and station and fixing up the islands. Ms. Knapp stated new islands would be installed as part of the new canopy. Mr. Donnelly discussed the need for low rise shrubs along the property line to minimize the impact of concrete. Mr. Donnelly made a motion to approve a Variation to encroach seventeen feet (17') into the required front yard, as shown in the Petitioner's exhibit, for the property located at 927 S. Busse Road, Case No. PZ-17-09, subject to compliance with the following conditions: 1. The maximum height permitted for any structure constructed within the seventeen foot encroachment area is limited to nineteen (19) feet. Structures which are constructed behind the underlying zoning district's setback requirements may be constructed to the maximum height permitted within the zoning district; Richard Rogers, Chair Planning & Zoning Commission Meeting July 23,2009 PZ-17-09 Page 4 of 5 2. Removal of four (4) parking spaces to be replaced with landscaping; 3. Planting shrubs along the street frontages to screen the parking lot; and 4. Repainting the existing canopy and station structures. Mr. Youngquist seconded the motion. Mr. Simmons asked if Chairman Rogers would like to have the Petitioner submit revisions before this case goes to the Village Board that would address the Planning and Zoning Commission's comments. Chairman Rogers said updated plans should be submitted to Village Board. Chairman Rogers asked if anyone in the audience wanted to discuss this case. Hearing none, the discussion was brought back to the board. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: NONE Motion was approved 7-0. After hearing one additional case, Mr. Donnelly made a motion to adjourn at 10:01 p.m. The motion was approved by a voice vote and the meeting was adjourned. t ;/4'> Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting July 23,2009 PZ-17-09 Page 5 of 5 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 Variation Request The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed twenty-five (25%) of a requirement stipulated by the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final Z Case Number 0 PZ - - 05 .... ~ ii Development Name/Address O~ Date of Submission ~e ~O ><:- r"'l Hearing Date ~ Z .... z o .... ~ -< ~ o ~ ~ r"'l ~ .... rn Common Address(es) (Street Number, Street) '. ~USSE Tax LD. Number or County Assigned Pin Number(s) 08-14-lotO-OI4-00"0 Legal Description (attach additional sheets if necessary) 'S~~ ITItC-j.JEt) Z Name o .... ~ -< ~I 0...... ~ l:: ~ .~ ~o.. ~< 01 ~ ~ U -< =:I x J flYYl~' tE: tltH ITf' C15 ~'T. S tate Zip Code J L. {r;O~ h rL ~I+U{, GIL ,2vSE (i! W Ai2.CHi CoM Z Name Telephone (day) 0 .... E-o (AJ ftPP ~ ~ Corporation o ~ ~ ~ ~4/'- zo Q€ Fax ~g. - 0 gq g; o .... ~p., Cl ~ u &o~('3 ~ N f((\/IC,WE IL, Developer Name Telephone (day) Address Fax Email Attorney Name Telephone (day) Address Fax Email Z 81 E-o '" ~l o~ ~ 0 Z .... ....p., Qi:l Z Q) ~ E 08- ="'0 c ;> ~ Q) uO <I =:l Telephone (day) 1d30'~ ~'lf, 5~!>() &30-- 894, BeiP 1 Pt-lM G mllru;.J~.sE- $oN5. COM Telephone (day): .257 - 3S'I-1 ~ I ~ ~11- 359 - ~td1L-- R~ V'Y/81Zd S€ f!!. wJ rlrU!-J-I tJ tom ~~;:yor _'(v1nf(CHr;~l! (:UJ() ~eN.s Address Fax '0 J110NA eo DrZ/uE: rusu~ ILLINOIS &Or7'L Email Engineer Name Telephone (day) Address Fax Email Architect Name Ny.ft(rt~tJ J(})j~~OJ\J Address Fax Jq tJ.(~L;;Y ST. p It<-a 11 N~ I I L, (/ebto1 Email Landscape Architect Name Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Code Section(s) for which Variation(s) is (are) Requested Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations _ltvrz !fttfL UQ U.~ ..~T) N6- A F(lB1J7 YAM VA14rtMtc To IfWW AiJ Ov It MfE' A1J r'jJJv Ol1 (}/J!hL G-/JS iJ/~fE)vS}I.JO- ISLIfIvI/~t LJ-l/S CIIJvdlY WILL". IZEfJL,,/Q-u 7~ CANtf'Y tvHJGi'I Q PIliE-\fJOU SL- r $ ttlO~ 1fT r#/5 LOe471C111/; o u It- tt~B.uFt ~:T IS r.l ~~ S; n1 fJL'1 "To fJJ:t {JL--13 U! WHH-r l-fA-tJ f3. ~/5. -r fPf.} AJUO CdJIJTI/VUIZ. Or.l "T() ~;;J ~o Ofr~ --rt+t: eoNveNleN(,~ J1-N() l::>A-flE-(Y ()url CU~TdI11U.J <~ ~~ H-1i-tl12 &11./; W I\J e;.y.I/t(!,7, ~z To ;;JO ~.... DU/t T;+~ ~iJ J (.,0 j 1.16- Ultlf IIPAl A/ViJ Ttf~ Of/mil-tIC/IV tiP' ~ To u < 11-It' OIL, f..,.u/;~ ~Jt1S WEt CIJ NIJd7 LotA-r~ ,jfe' CI}/lJP/Y 1# /hvr OTHtM Lo ~IfTJON q TJifJJ J!'W C IfNdfJ't WJu.., Nvr tflJt/e' !l1J1' f3Y~d?7 (JIJ tile Y+P J Acevr fJIlofJU1Y fJ5 Jjte1tJ! wJf:S fJ CllA/Opt ON (;[t Lotn1(~ )v JtPJte weft1Ut f~hj$JN6- -Co I IV S1J1U., Olv' (-e flt;#JAI, Please note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and .""umte to th"je" of mJ }"oWffl~_ ApplIcant /~ I ~ Date &7--4-01 If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and th~ted supporting materia1~ \ ~^ Property Owner .., Date G /4; ()~ Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 I Affidavit of Ownership I COUNTY OF COOK ) ) STATE OF ILLINOIS ) I, H/G~€_t~~ 1(~~-p , under oath, state that I am the sole ) an ) owner of the property ./ an authorized officer of the ) commonly described as -9 21 S. Bu ~ So 1;. fZ.p frO and that such property ~aU\Ll/I~ ~~rr~rZf1tti~~$ LlC- IS owned by as of this date. Signature Subscribed and sworn to before me this /0 day of r;turI ,20 tJ"I #m~ ,<. ",,#\," .....,...A..^^^ Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 4 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 o o Z ~ Z Z G> I\J CJ1 ~ ~ (X) 00 o C )> ;;0 m -n m m ~ o ;;0 o CJ1 00 ~ I\J )> o ;;0 m 00 :s: o ;;0 m o ;;0 r m 00 00 . ;;oz~oooooozooz~r OOIOOOoozCOzIO )>;;omCcc-lm mm~ O~~Z~-l)>~ ~~ zO Im;d~~~)>~~Oz 'T1 00 -< ::0)> 0 m< I ;;0 m .....~ room-OO)>~IZ )> m-<~oOO ~ ZIoo ,,~)>~ G>)>~rO "U)>G> m"r)>z WZO)>ozom ~ "0000 momm~er.m;;o~ ;;0 fn,,_OOOI(OOZ ~~ <~OJ"m~,,~~ mImroo I\J ICr Zm-00~CJ10m-:-lo Z~ O'o,,;;oIOJ mZG) C m )>0 Z~)>TlooorC oo;;o)>zI"U:-I)>"Z~ ~~oom~o----,o oomm o~ffi):.rnzorgj~cn "moo~~)>OCI;;o ~OO<-oo"U~zmm I~_OOOZOzo:;oOO :o~~;;o~-zmmffi IC~ZZmI_~.fI:1o~O _)> om )>- < ;;o;;OOm;;ooo~~zo= OITl"o~oIIo"OO "U'T1~TlICmmZ 0 .....I ~z rz 2:!om~mIoo~O Z"<O ~mmmoo~o o <Oo;;OooZOz" =U~m""r-<OO;;o ~ )> 00 ~ -0 c;;o Z I r~~~~r~~OJmm :S:5~OIZII~-~ mz~----,mmm)> ~m 'T1.m--'Z )> )> ~"zIoOoor 000 Qo~mm,,~OOOm~ )>c-;<"Uzoom~Tl~-' z;;o"O_o)>;;o 0 ~ rITl<z;;o6~:i~ijo -<mm~~r)>mO z_Z)>oIOr<~;E;l G)----'o,,~~O<ooo- --';;0 mzzm.. )> ZOmOJoo G)OO :S:oo O~OO~ITl~)>~moo,.. ;;oZO-;;o- rG>~m ~OO"~ro~zzo)> II~--<oo;;omz"Uoo O"UIZ)>)>~~Oz)>C ",,)>G>rzG>"G):;O;;o ooO~""""O~::Soo ~~ m::O"Uzz --')>)> m-l)> t"'\1\J 0 G) -;< :;0 OJ UI CJ1 r 0 ~ " ~ mo~Cooozr~rO ;;ozO~~"mOIOZ cnm"mo~)>~m~G) ....' l-d ~ o l-d ~ ~ ~ ~ e;; ~ 'CIJ. n ~ l-d ~ l-04 o ~ :: Cook County Treasurer's Office. Chicago, Illinois :: Page 1 of2 ti;;;,;"G,ci) . ---- ----- PAYMENTS P"yment Status On line Payment By Mail At Chase Bank Community Bank In Person Get a Copy of Bill Returned Checks Prior Years Prepayment If taxes were sold Home Research a Thpic: Research our ever- expanding library of useful topics. gUckHere, 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): 08.14.108~14..o000 yjf}.W F>ripT T 13)(Y.~!'!Llllform!!liQD 2008 Tax Year Information - Payable in 2009 TaxYear: 2008 Tax Type: Current Tax Volume: 049 PCl: 5.23 Property Location 927 S BUSSE RD MOUNT PROSPECT, IL 60056-4006 (To update contact the Cook County Assessor's Office at 312-443-7550.) Mailing Information Exemption Information EQUILONENTERPRISES LLC Exemptions do not become effectiv POBOX 4369 Installment. HOUSTON, TX 77210-4369 For last year's exemption data plea' (To update clickJJi:lre.) 2007 taxes due in 2008. To check if you received exemption years, click h~re. Tax Payment Information Installment Tax Amount Billed Tax Due Date Last Payment Received 1st $26,111.34 03/03f2009 $26,111.34 Balance Due: I $0.00 I dj Tile balBr/ce due, Including allY penalty, Paymellts processed are posted View ClJrrE!1}! Ta~Yf:l_ar Il1formatiql} 2007 Tax Year Information - Payable in 2008 Tax Year: 2007 Tal( Type: Current Tax Volume: 049 pel: 5-23 Property Location 927 S BUSSE RD MOUNT PROSPECT. IL 6005604006 http://www.cookcountytreasurer.com/paymentresults.aspx?ntopicid=3&banktype= 1 6/4/2009 :: Cook County Treasurer's Office - Chicago, Dlinois :: Page 2 of2 (To update contact the Cook County Assessor's Office at 312-443-7550.) Mailing Information EQUILONENTERPRISES LLC POBOX 4369 HOUSTON, TX 77210-4369 Exemption Information Homeowner Exemption Received: Senior Citizen Exemption Received Senior Freeze Exemption Received (To update glick_hen'!.) If you are entitled to an exemption) 9Jicld)ef~. To check if you received exemption years, glick hf,\N. Tax Payment Information Installment Tax Amount Billed Tax Due Date Last Payment - Received 1st 2nd Balance Due: I $21,363.21 $30,859.46 $0.00 I 03/04/2008 11/0312008 $21 ,363.21 $30,859.46 dj Tile balance due, Including any penalty, Payments processed are posted The Cook County Clerk's office can help you with redemption and delinquent Inquiries on prior year's t reach the Clerk al: Main Number: (312) 603-5656 You may find frequently asked questions and additional Information at the Clerk's Office's Wel htlp;Hwwvu;;J)Qk9tY91erk.~QDl Search Again: PIN Search: Use the search field below to search property tax Information. Enleryour 14-digll PIN: n.D-D.D.CJ Please type In the 4.Jetter secUrity code below exactly as you see It displayed, and then click Search. I&~ i.i!j\!1 r.. . ... . .I i~!l~~~,~9mwl ;!rBD"~t[J For Information on locating a PIN, pleas& visit thel,,09ating theJ'!!'! section. @2000 - 2009 Cook County Treasurer's Office - All Rights Reserved. Disclaim~[ ~QJQJhe.Cook_.counJ~_~Qv. http://www.cookcountytreasurer.com/paymentresults.aspx?ntopicid=3&banktype=: 1 6/4/2009 " · Ell/E17/213B0 14: 57 84725~,59n HAAS AND HAAS PAGE 02 WARRANTY' DEED Statutory (Illinois) (Corporation to Corporation) ci~,~Q "") - .$3&...'1 - (11169 MAIL TO: Equ1lon ~nterpriee8, L.L.C. P.O. Box 4913 Hou8~on, TX 77210-4913 NAME & ADDRESS OE" TAXPAYER: Equiva Service., L.L.C. P.O. Box 436~ Houston, TX 77210-4369 ~HE GRANTOR, GEORGE L. BUSSE & CO., a corporation r'-p.~t~d ~nd Oxi8ting under and hy virtue of the laws of the State of Illinois and duly authori zed to transact business in the St.ate of I llinoi s, [or and in consideration of the sum of Ten and no/100 ($10.00) Dollars, and other good and valuable considerations, "in hand paid, and p~rsuant to authority givc~ by th~ Board of Directors of said co~poration CONVEYS AND WARHANTS TO: EQUILON ENTgRPRISES, X..L.C., a Delawalu limited liability compauy, having its principal office at P.O. Box ~913, Houston, Texas, the following described Real r~state situated in the County of Cook, in the State of I]]jnois, to wit: SEE LEGAL nESCRIPTION ON REVERSE SIDE HEREOF hereby releasing and waf ving all rights \.lnder and by virt.ue of the homestead exomption lows of the State of Illinois. Permanent Real Estale Index Number: 08-14-106-014 Address of Real Estate: 927 S. Busse Road, Mount Prospect, lL 60056 This conveyance is subject to the following: Real estate taxes for 1999 and subsequent years, easements, cover~a:1.ts, restr ictior.s and bui 1 ding Ii nes of record. In Wjtno~s Whereof, said Grantor has caused its Corporate seal to be hereto affixed, ar.d has cause.d j ts naw.e to be signed to U~ese presents by its Presider.t, and attested by its Secretary, this 6th day of JanJsry, 2000. GF.ORGE L. BUSSE' CO. fly: r:::-.. "_____ ,~~~ President _u <~ ecret.ary ~4:") II tit I Ot> ~ · 61/67/2060 14: 57 E:4725E.5975 HAAS AND HAAS F'AGE e3 STATE OF ILLINOiS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State atoresaid, DO HEREBY CERTIFY, that GEORal: L. BUSSE, personally known t.o m~ to be the Presi dent of GEORGE L. BUSSE & CO., and ESTHER S. BUBSE, personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before l!':e this day in person a:-ld severally acknowledged that as such President and Sec=etary, they siglled and delivered the said inst~"Jment as President and Secretary of said corporation, and c:aoJsed ~he corpOl-at.e seal of sai d corporat i Of. to be affjxed thereto, pursuant to authority, given by the Boa~d of Directors of said corporation a$ thE'ir free and voluntary act, and a!i the free and vol untary act and deed of said corporat.i on, f()r thp. llSOS ;and. purpose/; therein ~et forth. Given under my hand and officia: seal this 6th day of January, 2eOO. OFFICIAL SEAL NANCY l seILS _,MY f'UaJC. "All Of ll.LINOtt IIWCOUIlIII .,.VlPWI:MlltM LEGAL DESCRIP'1'ION The West 150 feet as measured along the North and South l~~es of Lot 9 in Busse Country Estates being a Subdivision of the West 25 acres, t~at par: o~ the West 1/2 of the Northwest ]/4 of Section 14, Township 41 ~orth, Rangc II, East of the Third Principal Meridian, lying North of Seegers Road in Cook County, Illinois, (excepting therefrom that part taken by t.he State of Illinois for the use of the Department of Public Works and Bu1ldj~gs in a Deed dated July 31, 1969, and registered as Document LR2467767 convcyir;9 t~la~ part of the land described as follows: Beginning at the Southwest co:nCr of said Lot 9, th~ncc North along the West line of said LOL 9 a distance af 2) feet to a point; thence Southeasterly along a straight line a distance of 38.59 feet Lo a point on the Southerly line of said Lot 9, a distance of 25 feet Southeast of the Southwest corner thereof, thence Northwesterly along said Southerly line of Lot 9, a distance of 25 feet to the point o~ beginning) SAID PROPERTY ALSO KNOWN AS Lot 1 in George L. Mussels Resubdivision of Lots 9 and 10 in Busse Coun~ry Estates, a Subdivision of the West 25 acres of that part of the West 1/2 o! the No~thwest 1/4 o! Sp.ction 14, Township 42 North, Range 11, F.af.t of the ~hird Principal Meridian, in Cook Coun~y, IllinOis. Permanent Real Estate Index Number: 08-14-106-014 Address of Real Estate: 927 S. Busse Road, Mount Prospect, lL 60056 Thi s i.nstrument prepared by: John C. Haas, 115 S. Erner son St., Mount Prospect, lL 60056 (847) 255-5400 181 Q ~ ~ Ir I ~" 18I1~ ~ 0 r III . n___] rr ", . ,I c{ ~~ I iI; z~ ; r B .!II ~ ~3 z ~ ('Iii t::e. ~ <" e:! H 0, v E'~ ~ 'III 0 ~". s ":" ~I ~~ III :2~ < " i 1:11 ~ . ~~ ~ ill; a. I I.u eE '< ;j ~l ~ j ~ L ~i ~ S > w 121 ~!~l OW ~[ f- II) ~I "" ~~ ~ J: W g 11,1 uJ <!" ~ Ii [jj 18IiJ: v.~ ~ 3 ~ ~: 1l~ L:J~ UfI! :: , - 1111 1ij ~~ l~~ ~ v. ~i ~ ~ ~~ ~ ~ z. ""~ _ 0 ""u ;J o ~~~ ~g ~u; ~ ~~ ~~ ~ g~~ g~ ~~" ~ ~~ ~~ UIiU !IIi II (8~ 'X N dXyxS) crYON :1100 ~~ ~ 1: 0 '00.> 0.> E W 0.0. 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I z o i= <( > LlJ --l LlJ -- I l- => o ~ I- Z ~ LL \!) z i= \fl X LlJ I I L- i I Iii ~o.:c'; ~---~o:~ jl @ z o i= <( > LlJ --l UJ P \I)' <( !:!:! UJ D inl I Di ~!. o ;~ D.. :" Ol! 8:: !~ z o i= <( > UJ --l UJ gl Ii LL D UJ \fl. O~ D.. ,: 01; 8:: Ii u ! I ~ g ~ m______. I!!l <C LL!!2 0 ! ~,II ~ ~~ ~ ! i ~!!I ~. 8 ~ ~ ~ ~ ~ I1II < < H :::! UJ" d w i 11I.1 ~ ~ .. 0 ~~ il$ >- ! Ii ~; ~ irl ~~ ~~~ g; -2 MI h~~ 1J5(,i~ f~~ 5 ------- - ---------U UJ ~ .~ ~~ avoll .noo @ ~r je .~ r----..c',---------, wi, !lI !lI 181 i01D ic !lI ,_:oi ~.. ,I~ ~o~ - c - ~) g E o. 0.. '" " o .~ .... (1) Cl.. > .,..:(}) 20 coG (1) C 0'1 :::l o E =:: E >: 0 u ~i Ef) --l :( I- UJ D D z <( [) l- I \!) :J D z <( <( ~ <( LL ~ " z <( ~~ 010.. z, <( ~ (d ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION (FRONT YARD SETBACK) FOR PROPERTY LOCATED AT 927 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Ronald J. Ambrose for Shell Oil Products US (Petitioner), has filed a petition for a Variation to allow for a thirteen foot (13') front yard setback along the Golf Road property line for located at 927 South Busse Road (Property) and legally described as: The West 150 feet as measured along the North and South lines of Lot 9 in Busse Country Estates being a Subdivision of the West 25 acres, that part of the West 'Y2 of the Northwest % of Section 14, Township, Township 41 North, Range 11, East of the Third Principal Meridian, lying North of Seegers Road in Cook County, Illinois, (excepting therefrom that part taken by the State of Illinois for the use of the Department of Public Works and Buildings in a Deed dated July 31, 1969, and Registered as Document LR2467767 conveying that part of the land described as follows: Beginning at the Southwest corner of said Lot 9, thence North along the West line of said Lot 9 a distance of 25 feet to a point; thence Southeasterly along a straight line a distance of 38.59 feet to a point on the Southerly line of said Lot 9, a distance of 25 feet Southeast of the Southwest corner thereof, thence Northwesterly along said Southerly line of Lot 9, a distance of 25 feet to the point of beginning) Said Property also known as, Lot 1 in George L. Busse's Resubdivision of Lots 9 and 10 in Busse Country Estates, a Subdivision of the West 25 acres of that part of the West 'Y2 of the Northwest % of Section 14, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number 08-14-106-014-0000; and WHEREAS, the "Petitioner" seeks a Variation to allow for the replacement of a canopy used to Shelter the existing gas pumps that front the Golf Road property line and create a thirteen foot (13') front yard along the Golf Road property line, as shown on the "Petitioner's" site plan prepared by Warren Johnson Architects, Inc. dated July 24, 2009, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-17-09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of July, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of July, 2009; 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-17-09; 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. c Page 2/2 PZ-17-09 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 Variation is subject to compliance with the following conditions: 1. The maximum height permitted for any structure constructed within the seventeen foot (17') encroachment area is limited to nineteen (19) feet. Structures which are constructed Behind the underlying zoning district's setback requirements may be constructed to the maximum height permitted within the zoning district; 2. Removal of four (4) parking spaces to be replaced with landscaping; 3. Planting shrubs along the street frontages to screen the parking lot; and 4. Repainting the existing canopy and station structures. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to allow for replacement of a canopy and create a thirteen foot (13') front yard setback along the Golf Road lot line, all as shown on the site plan dated July 24, 2009 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 August 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\ORDI NANCE2\V AR-PZ 17 -09927sbusserdjuly2009. doc 20 N. Wacker Drive, Ste ~660 Chicago, Illinois 60606-2903 T 3~2 984 6400 F 3~2 984 6444 ~50~0 S. Ravinia Avenue, Ste ~o Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 349 ~506 KLEIN, THORPE & JENKINS. LTD. Attorneys at Law DD 3H 984 6420 emhill@ktjlaw.com www.ktjlaw.com MEMORANDUM TO: Michael E. Janonis, Village Manager Village of Mount Prospect FROM: Everette M. Hill, Jr. DATE: July 28, 2009 RE: Changes to Chapters 4 and 9 of the Village Code You have requested my review of the Village code Article relating to the functions and duties of the Village Manager. You had noted that certain sections were out of date and not necessarily consistent with best practices. Attached please find two ordinances that were drafted pursuant to that request. These ordinances make the following changes: 1. Rather than repeating the statutory language relating to purchasing, the proposed ordinance incorporates the statutory references on the subject. As you are aware, the manager's statutory purchasing power has been raised by state law twice over the past 10 years. Our Code has not kept up with these changes. This ordinance brings us in line with state law by raising that limit to $20,000. 2. Consistent with current practice, this ordinance brings the Village Clerk's office under the auspices of the Village Manager. It also permits the Village Manager to function as a deputy Village Clerk. 3. This Article was originally drafted in 1967 to foster the transition to the statutory manager form of municipal government. It, therefore, contained language addressing approval by the Village Board of the possible reallocation of duties among the department heads. This ordinance deletes that language. 4. The existing Code also contains budget language from 1967. This now more properly belongs in our Article governing the Finance Department. This ordinance effects that change. iManage:238538_1 Mr. Michael E. Janonis July 28, 2009 Page 2 5. The existing Code contained provisions for the Manager to grant licenses for the placement of private lawn sprinkling systems in the public right of way. That subject is more properly addressed in Chapter 9, our public property chapter. Additionally we have clarified that it is the Village that will assure recordation of such licenses so long as the benefiting party pays the appropriate administrative fee. 6. Certain non-substantive grammatical changes consistent with our current drafting style. If you have any questions, please contact me. iManage:238538_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 ARTICLE I ENTITLED "VILLAGE MANAGER" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Sections 4.101 through 4.106 of Article I entitled "Village Manager" to Chapter 4 entitled "Appointed Village Officials" of the Mount Prospect Village Code, shall be amended by deleting Article I, Sections 4.101 through 4.106 in their entirety and inserting in lieu thereof a new Article I, Sections 4.101 through 4.106 which shall be and read as follows: ARTICLE I VILLAGE MANAGER SECTION: 4.101 Office Created 4.102 Appointment and Removal 4.103 Powers and Duties 4.104 Bonds and Compensation 4.105 Hearing Officer For the Purpose Of the Public Safety Employee Benefit Act 4.106 Village Clerk 4.107 Saving Clause 4.101: OFFICE CREATED: The position of village manager, as defined by the Illinois Compiled Statutes, is hereby established. (Ord. 2011, 7-18-1967). 4.102: APPOINTMENT AND REMOVAL: A. The village manager shall be appointed by the president and board of trustees for an indefinite term. The manager shall be appointed without regard to political beliefs, and need not be a resident of the village when appointed, but during his or her tenure of office, shall reside within the village. The manager shall be chosen on the basis of executive and administrative qualifications with special reference to actual iManage:237969 _I b experience in or knowledge of accepted practice in respect to the duties of this office. Neither the village president, nor any village trustee shall receive such appointment during the term for which that person will have been elected or within one year after the expiration of such term. B. The village manager may be removed by the president and board of trustees by a majority vote of the entire board at any time. C. Any vacancy in the office of the village manager shall be filled within ninety (90) days after the effective date of such vacancy. In the case of the absence or disability of the manager, the village board may designate a qualified person to perform the duties of the manager during such absence or disability. (Ord. 2011, 7-18-1967) 4.103: POWERS AND DUTIES: The village manager shall be the administrative head of the village government and shall be responsible for the efficient administration of all departments. The powers and duties of the manager shall be to: A. Have oversight of the enforcement of the Village's laws and regulations. B. Exercise control of all departments and divisions of the village. C. Appoint and remove department heads, and to appoint and remove all directors of departments, and all other appointed officials and employees except when the appointment power is vested, by law, in the elected officials of the village. No appointment shall be made upon any basis other than that of merit and fitness. The village manager may reallocate duties and responsibilities of the various departments created in this chapter. He or she shall report such reallocation in the duties and responsibilities of any department to the Village Board. D. Attend all meetings of the village board unless excused by the board. The manager shall have the privilege of taking part in the discussion of all matters coming before the board but shall have no vote. The manager shall be entitled to notice of all meetings, regular and special, of the board. E. Recommend to the board of trustees the adoption of such measures as he or she may deem necessary or expedient. F. Prepare and submit to the board of trustees a monthly report of activities of all departments of the village. G. Function as the procurement agent for the village subject to the following: 1. Negotiate and award contracts for or otherwise effect the procurement of (a) services, materials, supplies and equipment; or (b) any public work or improvement; if the expenditure pursuant to such contract iManage:237969_1 does not exceed the amount set forth in appendix A, division I of this code. 2. In circumstances where the amount exceeds or may exceed those set forth in appendix A, division I as stated in (1) above, to procure the goods, services or improvements according to the Illinois Municipal Code or in such other manner as may be approved by the corporate authorities. Specifically, but not by way of limitation, competitive bidding, as set forth in the Illinois Municipal Code, shall not be required when the village exercises the option of purchasing with the state or other governmental unit (30 ILCS 525/1 et seq.) or when the village pursuant to its home rule powers enters into a joint purchasing contract for materials, supplies or equipment with another entity which has conducted competitive bidding for such materials, supplies and equipment. 3. In case of accidents or other circumstances creating an emergency, award contracts, acquire services and make purchases for the purpose of repairing damages caused by the accident or meeting the public emergency. The manager shall file, within fourteen (14) days with the village board, a report describing the emergency and the necessity of such action, together with an itemized account of all expenditures. H. Perform such other duties as may be prescribed by Article 5 of the Illinois Municipal Code or as may be required of him or her by ordinance or resolution of the board of trustees. I. The village manager, in his or her sole discretion, may delegate any duty or obligation assigned to the office of the village manager to any other employee or agent of the village. 4.104: BONDS AND COMPENSATION: The village manager shall furnish a public employee's fidelity and performance surety bond in the amount as set forth in appendix A, division I of this code. The premium of the bond shall be paid by the village. The village manager shall receive such compensation as the village board shall fix from time to time. (Ord. 2011, 7-18-1967; amd. Ord. 5189, 5-15-2001) 4.105: HEARING OFFICER FOR THE PURPOSE OF THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT: The village manager shall act as a hearing officer under the public safety employee benefits act (820 ILCS 320/1 et seq.). The manager shall, as hearing officer, conduct hearings and make determinations as to whether or not any employee of the village, who is subject to the act, is entitled to the benefits provided by that act. The decision of the manager shall be a final administrative determination of the village and iManage:237969_1 may be appealed to the circuit court under the administrative review act. (Ord. 5420, 3- 16-2004) 4.106: VILLAGE CLERK: The village clerk shall be under the direction and supervision of the village manager. The village clerk shall have the duties set forth in 65 ILCS 5/3.1-35-90 and such powers and other duties as may be assigned by the village manager. The village manager shall be and function as a deputy village clerk and as such may exercise the powers and duties of the village clerk. 4.107: SAVING CLAUSE: If any section, subsection, or sentence, clause or phrase of this article is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this article. All ordinances of the village prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this article in which case the provisions of this article shall govern. (Ord. 2011, 7-18-1967; amd. Ord. 5420, 3-16-2004) SECTION 2: Section 4.511 entitled "Creation, Appointment, Term and Removal of Village Clerk" , Section 4.512 entitled "Duties of the Village Clerk" and Section 5.13 entitled "Deputy Clerk" of Article V entitled "Finance Department" of Chapter 4 of the Mount Prospect Village Code shall be amended by deleting Sections 4.511,4.512 and 4.513 in their entirety and "Reserving" each section. SECTION 3: Section 4.504 entitled "Duties of Director" of Article V entitled "Finance Department" of Chapter 4 of the Mount Prospect Village Code shall be amended by adding a new subparagraph (d) to paragraph (K)(2) which shall be and read as follows: (d) The mayor and board of trustees shall make the annual budget conveniently available for public inspection for at least ten (10) days prior to the passage of the annual budget, by publication in the journal of the proceedings of the mayor and board of trustees or in such other form as they may prescribe. Not less than one week after the publication of the annual budget, and prior to final action on the budget, the mayor and board of trustees shall hold at least one public hearing on the annual budget. Notice of this hearing shall be given by publication in a newspaper having a general circulation in the municipality at least one week prior to the time of hearing. iManage:237969_1 SECTION 4: Appendix A, Division I entitled "Bonds, Salaries, Insurance and Miscellaneous" of the Mount Prospect Village Code shall be amended by deleting Section 4.103 under Chapter 4 "Appointive Village Officers" in its entirety and inserting a new Section 4.103 entitled "Powers and Duties" under Chapter 4 which shall be and read as follows: Section 4.103: POWERS AND DUTIES: H. Contracts where expense exceeds $20,000.00, purchase orders, contracts for labor, materials, equipment or supplies involving amounts in excess of $20,000.00 awarded to the lowest bidder. 4. Less than $20,000.00. SECTION 5: 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 ,2009 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\ORD I NANCE2\amendchapter4aug2009. DOC iManage:237969_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 ENTITLED "PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS" AND APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 9 entitled "Public Utilities, Pavement and Tree Regulations" of the Mount Prospect Village Code shall be amended by adding a new Article X entitled "Lawn Sprinkler License" and Section 9.1001 entitled "License Required" to Chapter 9 to be and read as follows: ARTICLE X LICENSE FOR PRIVATE USE OF VILLAGE PROPERTY Sec. 9.1001 License Required. The village manager may grant a license, that is a non-possessory interest in land for the construction, installation and/or maintenance upon or over public land owned or controlled by the village by such person, firm or corporation of automatic lawn sprinkling systems and of roadway entrance markers or other public, charitable or aesthetic insignia. No person shall make use of such land unless this license has been obtained. 1. The license may be granted subject to the following: a. The grantee shall present to the village such drawings, plans and specifications for the improvement as the Village may require. b. The grantee shall execute a license agreement which contains the following information and meets the following conditions: (i) (ii) the legal description of the land; an acknowledgement that the grantee will have no possessory interest or estate in the land; holds the village, its agents, employees and representatives harmless against any causes of (iii) iManage:237581_1 E action arising out of the construction, installation and/or maintenance of such improvement; (iv) the manner of termination by the Village; (v) to be approved by the Village Attorney; and (vi) suitable for recording with the Cook County Recorder of Deeds. 2. The Licensee shall pay an administrative fee as set forth in Appendix A, Division II. SECTION 2: Appendix A, Division II of the Village of Mount Prospect Village Code shall be amended by adding a new Article X, Section 9.1001 to Chapter 9 and shall read as follows: Sec. 9.1001 Administrative Fee: $75.00 SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of August, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO\WI N\ORDI NANCE2\amendchapter9finalaug2009. DOC iManage:237581_1