HomeMy WebLinkAbout6. New Business 03/15/2011ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR THE PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT
FOR PROPERTY LOCATED AT 1703 EAST KENSINGTON ROAD
WHEREAS, The Alden Foundation ( " Petitioner), has filed a petition for a Conditional Use for a
Planned Unit Development (PUD) and Variations for property located at 1703 East Kensington Road
( "Property') and legally described as;
Lot 1 in Charles Subdivision of part of the Northwest' /4 of Section 36, Township 42 North,
Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded March
10, 1999 as document 99230400 in Cook County, Illinois
Property Index Number: 03 -36- 100 - 028 -0000; and
WHEREAS, the Petitioner seeks a Conditional Use Permit for a Planned Unit Development for
seniors consisting of a three -story building with ninety two (92) independent living units; and
WHEREAS, the Petitioner seeks Variations to (1) increase the maximum permitted building height
from thirty five feet (35') to thirty six and one half feet (365); (2) reduce the required parking lot
setback form ten feet (10') to six feet (6) along the west property line and (3) reduce the required
parking lot setback from ten feet (10') to zero (0) along the south property line; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as
PZ- 02 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the
24 day of February, 2011, pursuant to due and proper notice thereof having been published in the
Mount Prospect Journal & Topics on the 9 th day of February, 2011; 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- 02 -11; 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: That 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 President and Board of Trustees of the Village of Mount Prospect grant a
Conditional Use permit for the Preliminary Approval of a Planned Unit Development for a 92 unit
independent living development for seniors at property located at 1703 Kensington Road as shown
on the Plat of Survey, a copy of which is attached and made a part of as Exhibit "A."
SECTION THREE The President and Board of Trustees of the Village of Mount Prospect grant
variations to (1) increase the maximum permitted building height from 35 feet to 36.5 feet; (2) reduce
the required parking lot setback from ten feet (10') to six feet (6) along the west property line and (3)
reduce the required parking lot setback from ten feet (10') to zero feet (0') along the south property
line, subject to compliance with the following conditions:
Page 2/2
PZ -02 -11
1703 Kensington Road
1. Development of the site in general conformance with the site plan prepared by Alden Design
Group, Inc., dated January 12, 2011;
2. Development of the three -story building in general conformance with the building elevations
prepared by Alden Design Group, Inc., dated January 12, 2011;
3. Development of the site in general conformance with the landscape plan prepared by IRG
Ives /Ryan Group, Inc., dated January 12. 2011, but revised to comply with Code;
4. Development of the site in general conformance with the photometric plan prepared by
Intech Consulting, Inc., dated January 11, 2011, but revised to comply with Code;
5. Submittal of fixture cut - sheets for exterior lights that comply with Village Code;
6. Submittal of a signed cross access agreement with the adjacent property owner;
7. Kensington Road is under the jurisdiction of the Illinois Department of Transportation; work
within the right -of -way will require approval from this agency;
8. Submittal of final civil engineering drawings for review and approval by the Village. The
engineering drawings shall include all site work including utilities, storm waterdetention, and
associated improvements;
9. Development of the site in accordance with all applicable Village Codes and requirements,
including, but not limited to, detention requirements, Fire Prevention Code regulations,
lighting regulations, Sign Code regulations; and building regulations; and
10. 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 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.
/_\'12691
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PASSED and APPROVED this 15 day of March, 2011.
Irvana K. Wilks
Mayor
FUN a1*39
M. Lisa Angell
Village Clerk
H: \CLKO \files \WIN \ORDINANC \Con Use PUD- alden1703kensington march 152011 .doc
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER
DATE: FEBRUARY 9, 2011
HEARING DATE: FEBRUARY 24, 2011
SUBJECT: PZ -02 -111 CONDI'T'IONAL USE AND VARIATIONS / 1703 E. KENSINGTON RD 1
THE ALDEN FOUNDATION
BACKGROUND
A public hearing has been scheduled for the February 24, 2011 Planning & Zoning Commission meeting to
review the application by The Alden Foundation (the "Petitioner ") regarding the property located at 1703 E.
Kensington Road (the "Subject Property"). The Petitioner is seeking a Conditional Use for a Preliminary Planned
Unit Development for senior housing and Variations to increase the building height and reduce the required
parking lot setback along the west and south property lines. The P &Z hearing was properly noticed in the
February 9, 2011 edition of the Journal and Topics Newspaper. In addition, Staff has completed the required
written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property,
PROPERTY DESCRIPTION
The Subject Property is located on the south side of Kensington Road, just east of the Wolf and Kensington Road
intersection. The Subject Property is currently vacant land and zoned R -4 Multi- Family Residence District. It is
bordered by the B -3 Community Shopping District and R -1 Single Family Residence District to the north, B -3
Community Shopping District to the west, Des Plaines to the south, and unincorporated Cook County to the east.
SUMMARY OF PROPOSAL
The Village of Mount Prospect granted Conditional Use approval in March 1999 to develop an assisted living
facility for seniors on the Subject Property. The Conditional Use approval was later extended until March 2002.
However, the Conditional Use approvals expired as building permits were not issued and construction never took
place. The Subject Property has remained vacant since then. The Petitioner seeks approval to develop the site
with independent living housing for seniors. The Village Code requires Conditional Use approval as part of a
Planned Unit Development (PUD) for senior housing. The petitioner also plans to amend the annexation
agreement currently governing the property to reflect current development plans.
Per the Village Code, the review procedure for a PUD requires preliminary and final plan review. A
recommendation by the Planning and Zoning Commission and final action by the Village Board is required in
both cases. Following completion of the preliminary plan process, the Petitioner will be required to obtain final
plan approval. In reviewing the current application, the P &Z Commission should consider the development
proposal as conceptual. All details for each element of the development must be resolved prior to review of the
final plan.
Fl -
PZ -02 -11
Planning & Zoning Commission Meeting February 24, 2011 Page 3
As proposed, the development will include one three -story building that will provide a total of ninety two (42)
independent living housing units to seniors. The building will comprise of seventy (70) one - bedroom and twenty
two (22) two- bedroom units. Additionally, the building will include ancillary uses on the Ist floor of the building,
such as a community room, library, and computer room to support the senior housing units. The various elements
of the Petitioner's proposal are outlined below:
Site Plan - The Petitioner submitted two site plans ( "B" and "C ") for the proposed development. The site plans
deviate from one another in regards to the placement of the fire lane, number of parking spaces, and lot coverage.
Site Plan "B" places the fire lane along the south property line and connecting to the Walgreens drive through
lane. This will require cross access approval from Walgreens. Site Plan "C" places the fire lane entirely on the
Subject Property, and therefore reduces the number of parking spaces by three (3) and increases the overall lot
coverage by 4,180 square feet. The Petitioner's preferred site plan is Site Plan "B ", but is moving forward with
Site Plan "C" until approval from Walgreens is obtained. Site Plan "C" is discussed in the subsequent paragraphs.
Site Access - Site Plan "C" indicates the development will be served by two full access drives from Kensington
Road. The first access drive currently exists and is located on the Walgreen's lot. The second access drive will be
constructed at the east end of the Subject Property and will be aligned with Heritage Drive to the north.
Kensington Road is under the jurisdiction of the Illinois Department of Transportation (IDOT). Work within the
Kensington right -of -way will require approval from IDOT.
Bulk Requirements - The Petitioner's Site Plan "C" indicates the proposed development will meet the minimum
bulk requirements in the R4 Multi- Family Residence District, with the exception of the building height and
parking lot setback along the west and south property lines. The proposed building complies with the Village's
required setbacks and the site is below the 50% lot coverage limitation. On the other hand, the development will
not comply with the maximum building height permitted and the minimum required parking lot setback. The R4
District allows a maximum building height of thirty five feet (35'). The proposed three -story building would
measure thirty six and one half feet (36.5') in height, which exceeds the R4 District's height limitations. The
Petitioner is seeking Variation approval to increase the maximum permitted building height from thirty five feet
(35') to thirty six and one half feet (36.5').
The petitioner is also seeking Variations to reduce the required parking lot setback from ten (10) feet to six (6')
feet along the west property line and from ten (10) feet to zero (0) along the south property line in order to
provide the required fire lane. The following table compares the proposed building and parking lot setbacks to.the
Village's minimum requirements. The table shows that the project requires relief from the ten foot (10') parking
lot setback requirement along the west and south property lines due to the placement of the fire Iane.
F_�..,g.rCoce.Re
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Building Setbacks:
Front
Min. 30'
63'
West = 36'
Side
Min. 10'
East = 520'
Rear
Min. 25'
30'
Building Height
Max. 35'
36.5'
Lot Coverage
Max. 50%
36.20%
North =10'
West= 6'
Parking Lot Setback
Min. 10'
East = 402'
South = 0'
PZ -02 -11
Planning & Zoning Commission Meeting February 24, 2011 Page 4
Building Elevations - The attached building elevation drawings illustrate the three story building will be primarily
constructed out of brick, cement board siding, and stone accents. The design consists of expansive windows on
each floor of the building and on each elevation. A pitched asphalt shingle roof system is proposed for the west
and east wings of the building.
Parking - Sec. 14.2224 of the Zoning Code lists the minimum number of parking spaces required based on land
use. The Petitioner's proposal will require a total of seventy five (75) parking spaces. The Petitioner proposes
to provide ninety eight (98) parking spaces, which would exceed the minimum number of parking spaces required
by twenty three (23). The following table compares the proposed parking spaces to the Village's parking
requirements:
Landscaping - The attached preliminary landscape plan provides a conceptual design with regards to the number,
general type, and location of plantings for the proposed development. As shown, the landscape plan does not
comply with all Village Code landscape requirements, and shall be revised to include, but not limited to:
• Providing one shade tree at the equivalent of not more than seventy five feet (75') apart along the
Kensington Road property line;
• Providing additional clusters of shrubs along the Kensington Road, west and east property lines to
provide a mixture of plantings;
• Providing a minimum of 50% of live coverage in each interior parking lot island in addition to the shade
tree;
• Providing year round screening around ground mounted mechanical/utility equipment; and
• Providing landscape plantings for the detention basin. Such plantings shall include shade and ornamental
trees, evergreens, shrubs, and other live plating materials. Plantings within the basin must tolerate wet
conditions.
As part of the final plan submittal the Petitioner must submit a more detailed landscape plan that includes a table
with specifics regarding the number, size, and species for each type of the proposed landscaping material.
Lighting - The Petitioner submitted a photometric plan that illustrates seven (7) parking lot light poles as part of
the development and provides illumination levels for the development. The illumination levels for the parking
lots exceed the maximum illumination permitted. The Code limits the maximum illumination for multi - family
parking lots to 1.5 foot candles. The photometric plan indicates a maximum of 1.8 foot candles for the north
parking lot and 1.7 foot candles for the east parking lot. The photometric plan shall be revised to comply with
the Code requirements.
Fixture cut - sheets were not provided for parking lot light poles or wall mounted fixture cut sheets. The Village
Code requires exterior light fixtures to be full cutoff, include flat lens, and angled 90 °. The maximum height for
lights shall not exceed thirty feet (30') including the pole, pole support, fixture, and related equipment. The
Petitioner's photometric plan notes a 10% tilt and thirty foot (30') height for the parking parking light poles. The
PZ -02 -11
Planning & Zoning Commission Meeting February 24, 2011 Page 5
Petitioner will be required to provide fixtures angled 90 ° and provide details on the overall height of the parking
lot lights. The Petitioner will be required to submit fixture cut - sheets for all exterior light fixtures to ensure
compliance with the light requirements. The Petitioner is not seeking relief from the Village's lighting
regulations and is required to comply with Sections 14.314 and 14.2219 of the Zoning Code.
Signage - The Petitioner's drawings indicate two freestanding signs along Kensington Road. As shown, the signs
would not conform to the Village Sign Code's regulations. The number of freestanding signs shall be reduced to
one and the sign area shall be reduced to a maximum of fifty square feet (50 sq.ft,) Future wall and ground signs
will need to comply with the Village Sign Code requirements and require sign permits.
ADDITIONAL STAFF COMMENTS
Building Department — A complete building code analysis, including but not limited to egress, height, area, use,
and fire rating analysis, will be required for the proposed development.
Fire Department — An egress plan, fire sprinkler system, fire alarm system, standpipe system, and additional fire
hydrants as needed be will be required for the proposed development. Additionally, the driveways accessing the
site must have curbs that allow for fire department access from all directions or that can be driven over. The fire
lane may not have plantings or grass areas, which requires the Petitioner's site plan to be revised to address this.
Lastly, the fire hydrants as shown will require water flow calculations to be submitted to verify the new proposed
water maim sizes can meet the required fire flow required.
These requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the
requirements and submits the necessary documentation.
GENERAL ZONING COMPLIANCE
As previously mentioned, the petitioner is requesting approval of a Preliminary Planned Unit Development for
senior housing within the R -4 Multi - Family Residence District. As such, the standards for Planned Unit
Developments would supersede the underlying zoning requirements. Per Section 14.504 of the Village Code,
maximum density of a PUD including senior housing may not exceed forty eight (48) units per acre. The
proposed ninety two (92) senior housing units on 6.36 acre site will result in a density of fourteen (14) units per
acres. The proposed development will meet the R -4 District's bulk requirements, with the exception of the
building height and parking lot setbacks.
COMPREHENSIVE PLAN DESIGNATION AND ZONING
The Village Comprehensive Plan designates the property as Multi - Family Residential Use. This land use
designation is appropriate for a multi -unit residential development that is typically three stories or higher and is
consistent with the Subject Property's current R -4 zoning. The proposed PUD consisting of senior housing is
consistent with this designation and is appropriate for the area.
VARIATION STANDARDS
The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven
specific findings that must be made in order to approve a Variation. The following list is a summary of these
findings:
• Would not be detrimental to the public welfare or injurious to other property or improvements in the
neighborhood in which the property is located;
PZ -02 -11
Planning & Zoning Commission Meeting February 24, 2011 Page 6
• Lack of desire to increase financial gain; and
• Protection of the public welfare, other property, and neighborhood character.
The Petitioner is seeking a Variation to the building height and parking setback requirements. The Variation
request to increase the building height from thirty five feet (35') to thirty six and one half (36.5') is requested for
the three -story building that includes a pitched roof. Staff is supportive of the Variation request to increase the
building height as the building would not be detrimental to the public welfare or injurious to other property or
improvements in the neighborhood. In addition, the proposed building has been designed to be compatible with
the surrounding properties.
The Petitioner also seeks a Variation to reduce the required parking lot setback from ten (10) feet to six (6') feet
along the west property line and from ten (10) feet to zero (0) feet along the south property line in order to
provide the required fire lane. The fire lane as shown on the site plan would come in along the west property line
and wrap around to the rear elevation of the building. Staff is supportive of this Variation as it will not be
detrimental to the public welfare or injurious to other property. The fire lane will have minimal use only during
times of emergency and will not be regularly utilized by vehicles thereby lessening the effects of this variation
request on adjacent properties.
PLANNED UNIT DEVELOPMENT STANDARDS
The standards for approving a Planned Unit Development are listed in Section 14.504 of the Village Zoning
Ordinance. The section contains specific findings that must be made in order to approve a Planned Unit
Development. These standards relate to:
• The proposed development complies with the regulations of the district or districts in which it is to be
located;
• The principal use in the proposed planned unit development is consistent with the recommendations of
the comprehensive plan of the village for the area containing the subject site;
• The proposed planned unit development is in the public interest and is consistent with the purposes of this
zoning ordinance.
• That the streets have been designed to avoid inconvenient or unsafe access to the planned unit
development and for the surrounding neighborhood; and that the development does not create an
excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are
proposed to serve the planned unit development.
The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the
underlying zoning for the property. The senior housing development will be compatible with the surrounding
area and will provide housing for seniors, which the community has expressed a need for.
RECOMMENDATION
The proposed Conditional Uses for a Preliminary Planned Unit Development for senior housing and Variation
requests to the building height and parking lot setbacks meet the standards for these requests as listed in the
Zoning Code. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend
annroval of the following motions:
"To approve:
A. A Conditional Use for the Preliminary Plan approval of a Planned Unit Development consisting of senior
housing;
Pz -02 -11
Planning & Zoning Commission Meeting February 24, 2011 Page 7
B. A Variation to increase the maximum permitted building height from 35 feet to 36.5 feet;
C. A Variation to reduce the required parking lot setback from ten (10) feet to six (6) feet along the west
property line; and
D. A Variation to reduce the required parking lot setback from ten (10) feet to zero (0) feet along the south
property line, subject to compliance with the following conditions:
1. Development of the site in general conformance with the site plan prepared by Alden Design Group, Inc.,
dated January 12, 2011;
2. Development of the three -story building in general conformance with the building elevations prepared by
Alden Design Group, Inc., dated January 12, 2011;
3. Development of the site in general conformance with the landscape plan prepared by IRG Ives/Ryan
Group, Inc., dated January 12. 2011, but revised to comply with Code;
4. Development of the site in general conformance with the photometric plan prepared by Intech Consulting,
Inc., dated. January 11, 2011, but revised to comply with Code;
5. Submittal of fixture cut- sheets for exterior lights that comply with Village Code;
6. Submittal of a signed cross access agreement with the adjacent property owner;
7. Kensington Road is under the jurisdiction of the Illinois Department of Transportation; work within the
right -of -way will require approval from this agency;
8. Submittal of final civil engineering drawings for review and approval by the Village. The engineering
drawings shall include all site work including utilities, storm water detention, and associated
improvements;
9. Development of the site in accordance with all applicable Village Codes and requirements, including, but
not limited to, detention requirements, Fire Prevention Code regulations, Iighting regulations, Sign Code
regulations; and building regulations; and
10. 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,
The Village Board's decision is final for this case.
I concur:
William J. C oney, AICP, Director of Community Development
/bC H:SPLANT1anning & Zaning CO14 AW&Z 2011\S1aff RepostsTZ -nd -ll 1703 E. Kming�.Rd (CU- PUOSENIOR HOUSING. VAR. Parking La Sdbacks)Ad
VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX ' 847.818.5329
Zoning Request Application
ZONING REQUEST (s):
Conditional Use for z5 N /D_K tfo05 /A1 fs? ❑ Zoning Map Amendment: From to
Variation from Sec. N, 00q, 0• -/ /y, 2Z4 ❑ Text Amendment: Section(s)
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Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 3 TDD 847.392.6064
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 Community Development Department's 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 agent's 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 knowled e.
Applicant Date
(signs )
Print Name _E_Li Za be-M /+'C D eS
-(vr *AZ Ald-e`t r Z&4 ,�,7
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and
the associated supporting material.
Property Owner
Print Name
- %"m25 Liani r
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
www.mountprospect.org
Date /- ZZ -2
Phone 847.818.5328
Fax 847.818.5329
4 TDD 847.392.6064
E x Hiarr ,d
C ROF2 NO_ . 14[11 CdWrm�vic m
S. THE LAND REFERRED TO IN 7T3WS COhWrMENT IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 1 IN CHARLES SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 38, TOWNSHIP
42 NORTH, RANGE 11, EAST OF THE THIRD PR INCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MARCH 10, T999 AS DOCUMENT 99230400 IN COOK COUNTY, ILLINOIS.
PARCEL 2:
NOM - EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR STORM SEWER PURPOSES,
CREATED BY GRANT OF STORM SEWER EASEMENT FROM WISCONSIN CENTRAL LTD., AN ILLINOIS
CORPORATION, TO CHANCELLOR OR MOUNT PROSPECT. INC., A DELAWARE CORPORATION,
RECORDED MARCH 10, 1999 AS DOCUMENT 99230398, OVER, UPON AND ACROSS THE FOLLOWING
DESCRIBED LAND:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 38, TOWNSHIP 42 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHWEST 1/4 OF SECTION 25,
TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE HEST RIGHT -OF -WAY LINE OF THE.WISCONSIN
CENTRAL LTD. AND THE SOUTH RIGHT -OF -WAY LINE OF KENSINGTON ROAD (ALSO KNOWN AS
FOUNDRY ROAD OR OLD FOUNDRY ROAD), AS DEDICATED BY TOWNSHIP DEDICATION (JULY 11,
1981) AS SHOWN IN EXHIBIT "B" OF DOCUMENT NUMBER 26409319 IN THE COOK COUNTY
HIGHWAY DEPARTMENT OF RECORDS AND RUNNING THENCE NORTHWESTERLY ALONG SAID WEST
LINE OF THE WISCONSIN CENTRAL LTD., 34.87 FEET TO THE NORTH LINE OF THE NORTHWEST
1/4 OF SAID SECTION 38; THENCE CONTINUING NORTHWESTERLY ALONG SAID WEST LINE,
1,150 FEET MORE OR LESS TO THE CENTER OF MCDONALD CREEK; THENCE EASTERLY AT RIGHT
ANGLES TO THE PREVIOUSLY DESCRIBED COURSE, 10 FEET; THENCE SOUTHEASTERLY,
PARALLEL WITH SAID WEST LINE, 1153.4 FEET MORE OR LESS TO THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 25 THENCE CONTINUING SOUTHEASTERLY ALONG THE
EXTENSION OF.THE LAST DESCRIBED COURSE, 52.83 FEET TO A POINT THAT IS 50 FEET
PERPENDICULARLY SOUTH OF THE NORTH LINE OF THE NORTHWEST .1 /4 OF SAID SECTION 36;
THENCE WESTERLY. PARALLEL WITH SAID NORTH LINE, 10.57 FEET To THE WEST LINE OF
SAID WISCONSING CENTRAL LTD., THENCE NORTHWESTERLY ALONG SAID WEST LINE 17.98
FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
NON- EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR THE PURPOSES OF INGRESS
AND EGRESS, AS CREATED BY THE EASEMENT AND MAINTENANCE AGREEMENT BETWEEN
CHANCELLOR OF MOUNT PROSPECT, INC., A DELAWARE CORPORATION AND WOLF- FOUNDRY
L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, RECORDED MARCH 23, 1895 AS
DOCUMENT 99278729, OVER, UPON AND ACROSS THAT CERTAIN ACCESS EASEMENT DESCRIBED
AS FOLLOWS:
THAT PART OF LOT 2 OF CHARLES SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
NORTHWEST 1/4 OF SECTION 38, TOWNSHIP 42 NORTH. RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 10, 198 AS
DOCUMENT 99230400, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
CONTINUED ON NEXT PAGE
ORDER NO.: 1401 008502128 D1
S. THE LAND REFERRED TO IN 7M CObOvW MENT IS DESCRIBED AS FOLLOWS (CONTINUED):
SAID LOT 2 AND RUNNING THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 2. A
DISTANCE OF 28.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY
ALONG SAID EAST LINE 24.00 FEET. THENCE SOUTH 86 DEGREES 02 MINUTES 00 SECONDS
WEST, ON AN ASSUMED BEARING, 60.06 FEET; THENCE NORTHERLY PARALLEL WITH THE EAST
LINE OF SAID LOT 2, A DISTANCE OF 58.51 FEET TO THE NORTH LINE OF SAID LOT 2;
THENCE EASTERLY ALONG SAID NORTH LINE, 39.25 FEET; THENCE SOUTHERLY PARALLEL WITH
SAID EAST LINE, 14.64 FEET; THENCE SOUTH 41 DEGREES 10 MINUTES 43 SECONDS EAST,
20.01 FEET; THENCE EASTERLY PERPENDICULAR TO SAID EAST LINE OF LOT 2, A DISTANCE
OF 7.22 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
REAL ESTATE SALES CONTRACT
1. Alden Realty Services, Inc., or nominee (the "Purchaser'), agrees to purchase
Pursuant to the terms set forth herein for a purchase price of $1,750,000, the real property
located at 1703 W. Kensington Road in the Village of Mount Prospect, Cook County,
Illinois (the "Property) which property is legally described in paragraph B of the Rider,
attached hereto.
2. 1751 Kensington LLC, an Illinois limited liability company ( "Seller') agrees to
sell the real estate described above at the price and terms set forth herein and to convey or
cause to be conveyed to Purchaser or nominee title thereto by a recordable Special
Warranty Deed, with release of homestead rights, if any, and a proper bill of sale, subject
only to: (a) covenants, conditions and restrictions of record; (b) private, public and utility
easements and roads and highways, if any, (c) general taxes not yet due or payable.
3. The Purchaser will deposit $25,000.00 (" Earnest Money") into an escrow account
with Title Services, Inc. (the "Title Company'), which will be applied toward the
purchase of the Property at closing. If contract is terminated during due diligence period
or any extensions thereof, the Earnest Money will be returned to Purchaser.
4. The time of closing shall be as stated in Paragraph E in the attached Rider unless
subsequently mutually agreed otherwise, at the office of the title insurer or such other
place as the parties agree or the mortgage lender, if any, provided title is shown to be
good 'or is accepted by Purchaser.
5. A duplicate original of this contract, duly executed by Seller shall be delivered to
Purchaser within five (5) days from the date hereof, otherwise, at the Purchaser's option„
this contract shall become null and void.
This contract is subject to the Conditions, Stipulations and Rider set forth in the
following pages hereof, which Conditions, Stipulations and Rider are-made part of this
contract.
CONDITIONS AND STIPULATIONS
1. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not
less than thirty (30) days after the date of Seller's acceptance, a title commitment for an
extended coverage owner's title insurance policy issued by the Title Company in the
amount of $10,000.00 (to be increased to the amount of the Purchase Price at closing,)
covering title to the real estate on or after the date hereof, showing title in the intended
grantor subject only to (a) the general exceptions contained in the policy, (b) the title
exceptions set forth above, and (c) title exceptions pertaining to liens or encumbrances of
a definite or ascertainable amount which may be removed by the payment of money at
the time of closing and which the Seller shall or may so remove at that time by using the
funds to be paid upon the delivery of the deed (all of which are herein referred to as the
permitted exceptions). The title commitment shall be conclusive evidence of good title as
therein shown as to all matters insured by the policy, subject only to the exceptions as
therein stated Seller also shall furnish Purchaser an affidavit of title in customary form
covering the date of closing and showing title in Seller subject only to the permitted
exceptions in foregoing items (a), (b) and (c) and unpermitted exceptions or defects in the
title disclosed by the survey, if any, as to which the title insurer commits to extend
insurance in the manner specified in paragraph 2 below. The Title Commitment furnished
by Seller shall include a 3.0 zoning endorsement at Seller's expense at closing.
Notwithstanding anything to the contrary herein, Purchaser shall (x) cause the Title
Company to charge the premium for the title policy at a rate of not more than .601$1000
(and Seller shall not be obligated to pay more than .60/$1000 for the title policy) and (y)
cause the Title Company to pay all cancellation charges incurred by Seller in the
cancellation of its title order with Chicago Title Insurance Company (or Purchaser shall
reimburse Seller in the event the Title Company does not pay such cancellation charges).
2. If the title commitment or plat of survey hereinafter obtained by Purchaser
pursuant to the Rider hereto discloses either unpermitted exceptions or the plat of survey
reveals survey matters that render the title unmarketable (herein referred to as "title or
survey defects "), Seller shall have 30 days ("Cure PerioX)from the date Purchaser
notifies Seller of same (which notification by Purchaser to Seller must be made within
twenty days of receipt of the title commitment) to have the exceptions removed from the
commitment or to correct such survey defects or to have the title insurer commit to insure
against loss or damage that may be occasioned by such exceptions or survey defects, and,
in such event, the time of closing shall be 35 days after the delivery of the commitment or
the time expressly specified in of the Rider hereto, whichever is later. If Seller fails to
have the exceptions removed or correct any survey defects, or in the alternative, to obtain
the commitment for title insurance specified above as to such exceptions or survey
defects within the specified time, Purchaser may terminate this contract. Purchaser shall
give any notice to terminate within 5 days from the end of the Cure Period, failure to give
notice shall be deemed a waiver of Purchaser's right to terminate. If Purchaser does so
elect, this contract shall become null and void without further action of the parties, and all
Earnest Money paid to Seller shall be returned to Purchaser on demand
3. Rents, premiums under assignable insurance policies, water and other utility
charges, fuels, prepaid service contracts, general taxes, accrued interest on mortgage
indebtedness, if any, and other similar items shall be adjusted ratably as of the time of
closing The amount of the current general taxes not then ascertainable shall be adjusted
on the basis of 105% of the most recent ascertainable taxes. All proration are final
unless otherwise provided herein. Existing leases and assignable insurance policies, if
any, shall then be assigned to Purchaser. Seller shall pay the amount of any stamp tax
imposed by State and County law on the transfer of the title, and shall furnish a
completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in
the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and
shall furnish any declaration signed by the Seller or the Sellers's agent or meet other
requirements as established by any local ordinance with regard to a transfer or transaction
tax; such tax required by local ordinance shall be paid by the Purchaser.
4. Real Estate Tax Contests. Purchaser and Seller acknowledge and agree that Seller
is currently engaged in the Real Estate Tax Contest with Cook County, Illinois. The
failure o€ Seller to resolve the Real Estate Tax Contest and any appeal thereof prior to
Closing shall in no way delay the Closing. Purchaser and Seller acknowledge and agree
that Seller may, at Seller's sole cost and expense, continue to pursue the Real Estate Tax
Contest for any tax years prior to the year of Closing and any appeal thereof following
the Closing and Seller shall be entitled to one hundred percent (100 %) of the tax benefits
thereof.
5. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of
Illinois shall be applicable to this contract.
6. If this contract is terminated due to Seller's default, all monies paid to Seller shall
be returned to the Purchaser, without limiting Purchaser's right t4 seek specific
performance. Purchaser's sole and exclusive remedy will be that of specific
performance. If the termination is caused by the Purchaser's fault, all monies paid to
Seller shall be forfeited to the Seller, and are to be retained by the Seller as liquidated
damages which shall be the Seller's sole remedy against Purchaser.
7. Time is of the essence of this contract.
8. All notices herein required shall be in writing and shall be served on the parties in
the manner and at the address as set forth in Rider Paragraph U.
9. Seller represents that he is not a "foreign person" as defined in Section 1445 of
the Internal Revenue Code and is therefore exempt from the withholding requirements of
said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth
in said Section.
Dated this 1 - 1 N of September, 2010
(BALANCE OF PAGE IS BLANK)
RIDER ATTACHED TO AND MADE A PART OF THAT CERTAIN
REAL ESTATE SALES CONTRACT
BY AND BETWEEN ALDEN REALTY SERVICES, INC.,
OR NOMINEE, AS PURCHASER., AND
1751 KENSINGTON, LLC, AS SELLER,
A. Conflict. The above captioned and attached Real Estate Sales Contract is hereby
modified, amended, and supplemented as herein below set forth. Insofar as the terms
and provisions of this Rider purport to modify, amend, or are in conflict with the
terms and provisions of said Real Estate Sales Contract ("Contract'), the terms and
provisions of this Rider shall govern and control. In all other respects, the terms and
provisions of said Real Estate Sales Contract shall remain in full force and effect and
umnodified
B. Pro ert . The legal description of the property which is the subject of this
Agreement ("Property) is:
(See Exhibit A attached)
C. Purchaser's Intended Use. The parties hereto acknowledge that Purchaser intends to
develop the Property as a 105 -unit licensed supportive living facility for seniors with
required parking or a senior independent living community with a minimum
buildable area of not less than 3.25 acres. Wherever in this Agreement reference is
made to "Purchaser's intended use" or "the intended use of the Property", it shall be
deemed to describe the use referred to herein.
D. Seller's Work. Within thirty (30) days after the execution of this Real Estate Sales
Contract, Seller shall drain the portion of the Property in the area of the existing
building foundation of all standing water and clear and remove all weeds and other
overgrowth from such location ( "Seller's Work')
E. Conditions Precedent to Purchaser's ObIi ations. In addition to, but without
limitation of the other requirements and conditions of this Contract, Purchaser's
obligations under this Contract are expressly contingent and conditioned upon the
following:
1. Purchaser and its employees, officers, agents, engineers, surveyors, appraisers
and other representatives shall have a period of 90 days after the completion date
of Seller's Work ("Inspection Period'I to conduct such site inspections and
testing or other investigations (collectively referred to as "Inspections') on the
Property in order to determine if the Property can be used for Purchaser's
proposed use as supportive living facility. Such Inspections may include, but
shall not be limited to, the conducting of appraisals, environmental studies,
wetland and flood plain surveys, soil tests and any investigations required to
develop architectural and engineering plans. Inspections during this period will
also assess any easements on the property to make sure that they will not
interfere with Purchaser's proposed uses. The Seller shall reasonably assist
Purchaser in conducting the Inspections by providing any available
documentation and materials with respect to the title, construction and condition
of the Property that are within the Seller's possession. Such Inspection will
include review of title and survey.
2. Purchaser shall have three hundred (300) days from the expiration of the
Inspection Period (the "Due Diligence Period's described above to secure the
following: a) Zoning and Governmental Approvals: Purchaser shall secure
zoning, any special use permits, approval for subdivision of the Property and all
other necessary approvals, from the Village of Mt. Prospect and other applicable
Governmental Bodies for its proposed use. Seller's complete cooperation and
assistance in obtaining the zoning and governmental approvals is essential.
b) g. Purchaser will receive unconditional commitments (except for
customary due diligence items) for financing from various lenders and financing
sources, sufficient to acquire and develop the property as described herein.
Buyer intends to seek financing primarily from the Illinois Housing
Development Authority. The proposed financing includes low income housing
tax credits and other subsidized sources. c) Licenses: Purchaser is able to
reinstate a license for a supportive living facility for the subject site from the
State of Illinois Department of Health Care and Family Services. Purchaser
shall promptly and diligently apply for all approvals, permits, commitments or
permissions set forth above. Purchaser shall provide Seller with copies of all
formal applications filed by Purchaser with the Village of Mt. Prospect with
respect to zoning matters. Furthermore, Purchaser will provide periodic updates
to Seller with respect to the status of Purchaser's requests for public assistance to
finance Purchaser's proposed use of the Property.
3. If contingencies set forth in paragraph E2 above have not been satisfied by the
end of the three hundred (300) days Due Diligence Period, Purchaser shall have
two (2) options to extend the Due Diligence Period, for successive two hundred
ten (2 10) day periods. To exercise each of the extension options, Purchaser must
pay the Seller $25,000 ("Option Payment'), which will be applied to the
purchase price at closing. The Option payments shall be deemed earned at the
time of payment and will be non - refundable. Purchaser must notify Seller that
Purchaser will exercise each option during the existing Due Diligence Period.
4. From and after the date of this Agreement, and at all times prior to CIosin&
Purchaser, its employees, representatives, or agents, shall have the right to enter
upon any portion of the Property to examine, inspect, and make tests as to the
feasibility and adaptability of the Property for Purchaser's intended use, such
tests to include, without limitation, test borings, soil tests, toxicity tests,
environmental tests (Seller to provide Purchaser with copies of all existing
2
Phase I or Phase II reports in its possession, if any), percolation and/or
compaction tests, engineering, feasibility and other studies, tests, and reports
(all such tests being hereinafter collectively referred to as the "Studies'). All
Studies are to be made at Purchaser's sole cost and expense and Seller shall
provide Purchaser with all existing tests and surveys in his possession, which
would assist Purchaser in determining the property's suitability. In the event the
Studies disclose any contamination or environmental violation, Purchaser shall
notify Seller. If Seller fails to clean up such contamination, Purchaser shall
have the right to terminate this contract in which event the Earnest Money will
be returned to Purchaser. Purchaser shall indemnify and hold harmless Seller
from any and all liability occurring as a result of any injuries to any persons
entering the property on their behalf for any reason pursuant to this paragraph;
and Purchaser shall further indemnify and be solely responsible for any
damages to the property as a result of the access to Purchaser and its agents,
representatives, invitees, and contractors. Purchaser (i) shall not conduct any
physically invasive tests without Seller's prior written consent, which shall not
be unreasonably withheld or delayed and (ii) prior to, and as a condition to any
entry on the Property by Purchaser or its agents for the purpose of conducting
any tests pursuant to this Section, Purchaser shall deliver to Seller a certificate
of insurance evidencing comprehensive general liability coverage (including
coverage for contractual indemnities) with a combined single limit of at least
$1,000,000.00 covering any activity, accident or damage arising in connection
with Purchaser or its agents entry on the Property, and naming Seller as an
additional insured.
In the event Purchaser elects to terminate this Contract, Purchaser must return
all copies of any reports delivered by Seller to Purchaser and, provided Seller
pays 50% of the cost paid by Purchaser for updates or new reports, Purchaser
will also deliver to Seller copies.of all such updates or any new reports.
5. If Purchaser, in its sole and absolute discretion, determines during the Inspection
Period that it does not wish to proceed with the purchase of the Property,
Purchaser shall notify Seller within five (5) days after the end of the Inspection
Period that Purchaser wishes to terminate the Contract. In which case, the
Earnest Money shall be returned to Purchaser (less any escrow fees) and neither
party shall have any liability hereunder, except those that expressly survive.
Failure by Purchaser to notify Seller that Purchaser wishes to terminate this
Contract shall be deemed a waiver of Purchaser's rights to terminate this
Contract, except in the event of a failure of one or more of the contingencies set
forth in paragraph E2 above. If Purchaser, in its sole and absolute discretion,
determines that one or more of the foregoing contingencies has failed, then
Purchaser shall immediately notify Seller of said failure and Purchaser may, by
written notice to Seller not later than five (5) days after the expiration of the
Due Diligence Period as the same may be extended, terminate this Agreement,
in which event Purchaser shall have no further obligations hereunder, except for
any provisions hereof that expressly survive. Purchaser shall have the right to
3
waive the aforesaid condition or to close the transaction contemplated by this
Agreement if said conditions are not satisfied as aforesaid The failure of
Purchaser to give any notice of termination of this Agreement as herein above
set forth shall be conclusively deemed to be a waiver of Purchaser's right to so
terminate this Agreement); provided, however, that Purchaser (i) shall not
conduct any physically invasive tests without Seller's prior. written consent,
which shall not be unreasonably withheld or delayed and (ii) prior to, and as a
condition to any entry on the Property by Purchaser or its agents for the purpose
of conducting any tests pursuant to this Section, Purchaser shall deliver to Seller
a certificate of insurance evidencing comprehensive general liability coverage
(including coverage for contractual indemnities) with a combined single limit of
at least $1, 000, 000.00 covering any activity, accident or damage arising in
connection with Purchaser or its agents entry on the Property, and naming Seller
as an additional insured
F. Closins. The Closing of the Property shall take place on a date no later than thirty
(30) days from the expiration of the contingencies and any extensions set forth in this
Contract, if not terminated sooner pursuant to the provisions of either Paragraph E, G
or I of this Rider, or otherwise hereunder. In the event Purchaser's construction loan
is not ready to close on the date of Closing, Purchaser may extend the Closing for up
to thirty (30) days so that the Closing can occur simultaneously with the opening of
Purchaser's construction loan.
G. Survev Promptly after the date of Seller's Acceptance, Purchaser shall obtain, at
Purchaser's cost, a current plat of survey of the Property certified to Purchaser and
Purchaser's designated lending institution, that has been prepared in accordance with.
the Minimum Standard Detail Requirements as adopted by to ALTA /ACSM 2005
Survey Standards. Provided the Closing occurs, Seller shall reimburse or credit
Purchaser at Closing for the cost of survey, not to exceed $1,500. The certification on
the survey shall run to the benefit of Purchaser, the title insurer, and such other parties
as Purchaser shall designate. The survey shall identify the Property by legal
description and set forth the acreage and number of square feet contained therein,
including any part thereof lying within any right-of-way, and the survey shall further
show (i) the location, course and recording numbers, if applicable, of all water, gas,
electric and sewer lines and other easements, either visible or recorded, and building
lines; (ii) private streets, roads, alleys and highways; (iii) no encroachments thereon
or by any improvements located thereon encroaching on adjacent property which
interfere with Purchaser's intended use of the Property; (iv) flood plains, wetlands, or
other special environmentally controlled or protected areas acceptable to Purchaser
for its intended purpose; and (v) all natural monuments, existing fences, drainage
ditches, tiles, water courses, building or site improvements, and other restriction lines
which affect any portion of the Property, and said survey shall otherwise be
reasonably satisfactory in form and substance to Purchaser. Purchaser shall deliver to
Seller a copy of the survey within 5 days of receipt thereof.
4
H. Representations. Warranties. and Covenants. Without limitation of any other
provision of this Agreement and as a material inducement to Purchasers entering into
this Agreement, Seller represents, warrants, and covenants to Purchaser that:
I. From and after the date hereof Seller agrees not to sell, transfer, convey, or
encumber or cause to be sold, transferred, conveyed, or encumbered, the
Property or any part thereof, or alter or amend the zoning classification of the
Property except as requested by Purchaser to permit its intended use of the
Property, or otherwise perform or permit any act of deed which shall diminish,
encumber, or affect Purchaser's rights in and to the Property or prevent Seller
from performing fully its obligations hereunder. Provided however, Purchaser
may lease or encumber the Property, provided that (a) said lease or
encumbrance is terminated or removed before or at Closing (b) any
encumbrance is in an amount that is less than 80% of the purchase price and
(c) Seller shall be responsible, at its sole cost and expense, to remove any
property, improvements or materials brought on the Property by a tenant,
including the obligation to clean up any environmental contamination caused
by a tenant.
2. There are no violations of any Federal, state, county, or municipal statutes,
laws codes, ordinances, rules, regulations, orders, decrees, and directives
relating to the use and condition of the Property of which Seller has actual
notice. Seller covenants and warrants that it shall notify Purchaser in writing
with respect to matters of which it has notice on or before the Closing. Seller
warrants that the Seller has received no notices from any city, village or other
governmental authority of zoning, building, fire or health code violations in
respect to the Property that have not been heretofore corrected.
3. Except as otherwise expressly provided herein, Seller, or any agent thereof,
has not received any notice from any governmental or quasi - governmental
body or agency or from any person or entity with respect to, and does not
know of, any actual or threatened taking of, the Property or any portion
thereof for any public or quasi - public purpose by the exercise of the right of
condemnation or eminent domain.
4. There is no claim, litigation, proceeding, or governmental investigation
pending or, to the best knowledge of Seller, threatened against or relating to
the Property or any portion thereof, or against the transaction contemplated by
this Agreement or against Seller which affects Seller's ownership of the
Property, this transaction, or the ability of Seller to perform hereunder.
S. Neither the execution nor delivery of this Agreement, consummation of the
transaction contemplated hereby, nor fulfillment of or compliance with the
terms and conditions hereof, to the best of Sellers knowledge, conflicts with or
will result in a breach of any of the terms, conditions, or provisions of any
5
r
agreement or instrument to which Seller is a party or by which it is bound, or
constitutes a default under any of the foregoing, or results in the creation of a
lien, claim, charge, or encumbrance on the Property other than those matters
approved by Purchaser pursuant to the terns hereof, and this Agreement and
all documents to be executed pursuant hereto by Seller as set forth in this
Paragraph are true and correct as of the Closing Date, with the same effect as
though made on the Closing Date.
In the event any of the representations, covenants, and warranties set forth in this
Section H are not true and accurate when made and as of Closing and Seller cannot or
does not correct said representations, covenants, and warranties and accept liability
for any damages incurred by Purchaser as a result of the inaccuracy thereof,
Purchaser shall have the right to rescind this Agreement prior to or at the Closing,
which shall be Purchaser's sole remedy, in which event any Earnest Money paid by
Purchaser pursuant hereto shall be refunded to Purchaser upon demand and in the
event any representation, covenants and warranties are not true and accurate as of
CIosing as a result of Seller's intentional act, then the Option Payments, if previously
paid, shall also be refunded to Purchaser.
I. Prohibited Transactions. From and after the date hereof, Seller shall not, without the
express written consent of Purchaser. (i) enter into any lease (except as hereafter
provided), contract, or agreement or grant any rights (including licenses and
easements) respecting the Property, or any portion thereof; (ii) create or suffer any
right, claim, lien, or encumbrance of any kind or nature whatsoever on the Property,
or any portion thereof; or nature whatsoever on the Property, or any portion thereof,
or (iii) add or remove soil from the Property or otherwise dump or abandon any
property, materials, or chemicals thereon. Provided however, Seller may lease or
encumber the Property in accordance with Section H(1) of this Rider.
J. Assurances of Cooperation. The parties hereby covenant and agree that they will at
any time prior to or after the Closin& and from time to time do, execute,
acknowledge, and deliver or will cause to be done, executed, acknowledged, and
delivered all such further acts, documents, and instruments as may reasonably be
required by the other party in order to carry out fully and effectuate the transaction
herein contemplated in accordance with the provisions of this Agreement.
K. Possession. Seller agrees to deliver sole and exclusive possession of the Property to
Purchaser on the Closing Date.
L. Closin Procedure. The date Purchaser acquires title to the Property is herein referred
to as the "Closing". The Closing shall occur as provided in Paragraph E of this Rider.
If the Closing or any other date on which any payments are required hereunder shall
fall on a Saturday, Sunday, or legal holiday, then the date contemplated hereby shall
be extended to the next business day.
6
M. Au Seller and Purchaser represent to one another that each has the power and
authority to enter into this Agreement in the names, titles, and capacities herein stated
and on behalf of entities, persons, estates, or firms represented or purported to be
represented by such person and further represents that all formal requirements
necessary or required by any statutes, laws, ordinances, codes, rules, regulations,
orders, decrees, directives, articles of incorporation, charters or by laws for it to enter
into this Agreement have been complied with.
N. Condemnation. If. prior to the closing, any proceeding, judicial, administrative, or
otherwise, is commenced which relates to the proposed taldng of all or any portion of
the Property by condemnation, eminent domain, or the taking or closing of any right
of access to the Property, Purchaser shall have the right and option to terminate this
Agreement by giving Seller written notice to such effect within twenty (20) days after
the actual receipt of written notification of any such occurrence or occurrences.
Failure to give such notice within such time period shall be conclusive evidence that
Purchaser has waived the right and option to terminate by reason of the occurrence or
occurrences of which it has received notice. If Purchaser elects or is required to close
the subject transaction, Seller shall retain all of such condemnation proceeds and
Purchaser shall be given credit therefor off the purchase price for the Property. Seller
hereby agrees to give Purchaser written notice with respect to any such proceedings
within seventy -two (72) hours of Seller's receipt of any such notice of the institution
of such proceedings. If Purchaser elects to so terminate this Agreement, this
Agreement shall become null and void and of no further force and effect, and all
earnest money deposits and interest earned thereon, if any, shall be returned promptly
to Purchaser.
O. Successors an Permitted Assigo. This Agreement shall be binding in all respects
on, and shall inure to the benefit of; Seller and Purchaser and their respective
successors and permitted assigns. Purchaser may assign all of its rights and
obligations under this Agreement, in whole or in part, or transfer its interest in the
Property to any person or entity who or which is owned or controlled by or affiliated
with Purchaser, which persons or entity shall thereupon have all rights and
obligations of Purchaser under this Agreement; provided however that no such
assignment shall relieve Purchaser from its duties and obligations under or pursuant
to this Agreement.
P. Entire Agreement. This Agreement represents the entire agreement between the
parties hereto and shall not be modified or affected by any offer, proposal, statement,
or representation, oral or written, made by or for either party in connection with the
negotiation of the terms hereof. No future modification, termination, or amendment
of this Agreement may be made, except by written agreement executed by the parties
hereto. No failure by the parties hereto to insist upon the strict performance of any
covenant, duty, agreement, or condition of this Agreement or to exercise any right or
remedy upon a breach thereof shall constitute a waiver of any such right or remedy or
any other covenant, agreement, term, or condition. Any part hereto, by written
7
notice, may, but shall be under no obligation to, waive any of its rights or any
conditions to the obligations hereunder, or any duty, obligation, or covenant of any
other party hereto. No waiver shall affect or alter this Agreement, but each and every
covenant, agreement, term, and condition of this Agreement shall continue in full
force and effect with respect to any other then existing or subsequent breach thereof
Q. Survival. All provisions of this Agreement which involve environmental concerns,
Obligations, duties, or rights which have not been determined or ascertained as of the
closing made pursuant to this Agreement shall be deemed to survive the closing.
R. Sevm ility If any provision of this Agreement or the application thereof to any
person or circumstance shall be invalid or unenforceable to any extent, the remainder
Of this Agreement and the application of such provision to other persons or
circumstances shall not be affected thereby and shall be enforced to the fullest extent
permitted by law.
S. Time. Time shall be of the essence of this Agreement and the performance of all
covenants, agreements, and obligations hereunder.
T. Non - Merger. The terms and provisions of this Agreement shall not merge with, be
extinguished, or otherwise affected by any subsequent conveyance or instrument by
or between Seller and Purchaser hereto unless such instrument shall specifically so
state and be signed by Seller and Purchaser.
U. Notices. All elections, notices, and other communications to be given hereunder by
either party to the other shall be in writing and sent by personal delivery, overnight
courier with evidence of receipt, or certified or registered mail, return receipts
requested, postage prepaid, addressed and by facsimile transmission:
V.
If to Purchaser: Randi SchulIo
Alden Realty Services, Inc.
4200 West Peterson Avenue
Chicago, Illinois 60646
Phone: 773 -286 -3883
Fax: 773 -286 -1562
randischullo@aldenrealty.org
With a copy to: Steve Friedland
Applegate & Thorne- Thomsen
322 S. Green Street, Suite 400
Chicago, Illinois 60607
Phone: 312- 491 -2207
Fax: 312 - 421 -6162
sfriedland@att- law.com
8
If to Seller: Tom Lichter
Lichter Realty Inc.
4320 N. Elston Ave.
Chicago, Illinois 60641
Phone: 773 -463 -0519
Fax: 773 - 463 -0501
With a copy to: Ken Bosworth, Esq.
Bosworth Law Offices, Ltd
2500 W. Higgins Rd.
Suite 1200
Hoffman Estates, 11 60169
(847)519 -7762 Phone
(847)519 -7971 Fax
kenAkboslaw.com
or at such other addresses as the parties may designate to the other by written notice
in the manner herein provided. Any such notices or election shall be effective upon
delivery, if personally delivered, one (1) day after delivery to the overnight courier or
two (2) days after depositing same in the United States mails.
W. Captions. Captions of paragraphs herein are inserted only for convenience and are
in no way to be construed as a part of this Agreement or as a limitation of the scope
of the particular paragraphs to which they refer.
X. Default. Notwithstanding anything in this Agreement to the contrary, neither party
shall exercise any rights to terminate this Agreement in the event of a default
committed by the other party unless such default remains uncured at 5:00 p.m. on the
fifth (5` day next following the date on which the party not in default delivers to the
party in default a written notice stating in reasonable detail the nature of the default.
This provision shall not apply to the Closing.
Y. S12ecial Assessments. Seller warrants to Purchaser that there are no installments not
due at the date of this Agreement of any special tax or assessment for improvements
relating to the Property heretofore completed.
Z. Broker. Each party represents and warrants to the other that no real estate broker or
agent other than Lichter Realty, Inc. and Alden Realty Service, Inc. (the "Brokers ")
have been instrumental in the procurement of the Real Estate Sales Contract. Seller
shall pay Lichter Realty, Inc. commissions or brokerage fees arising out of this
transaction. Purchaser shall pay any commission or brokerage fees due to Alden
Realty Services. Purchaser and Seller represent and warrant that no other real estate
commission or compensation shall be payable by such party with respect to the
9
procurement and execution of this Contract or the We of the Property contemplated
hereby. The Seller agrees to indemnify the Purchaser against any and all liability of
the Purchaser resulting from claims for brokerage commissions relating to the
transaction contemplated by this Contract and which are made by any party who has
not dealt with the Purchaser and alleges to have been employed by the Seller. The
Purchaser agrees to indemnify the Seller against any and all liability of the Seller
resulting from claims for brokerage commissions relating to the transaction
contemplated by this Contract and which are made by any party who has not dealt
with the Seller and alleges to have been employed by the Purchaser. The
indemnification set forth herein shall extend to all losses, costs, damages, attorneys'
fees, court costs, and expenses which the indemnified party may incur, and which
relate to the matters indemnified hereby and shall survive the Closing.
10
4 .
IN WITNESS WHEREOF, Seller and Purchaser have executed this Contract and Rider
on the date indicated, intending to be legally bound hereby and warranting authority to execute the
same.
ACCEPTED BY PURCHASER:
ALDEN REALTY SERVICES, INC.
NDI SCH LO
? (DATE)
ACCEPTED BY SELLER:
1751 KENSINGTON LLC,
an Illinois limited liability company
B
Thomas Lichter
Its: Manager
(DATE)
11
Iy 11
on the WITNESS WHEREOF, Sella and Pmhaw have mccuted this Contract tmd Rider
sama WkM4 bunft to he fit' bound hmby aad wmwgng auffim l► to execute the
ACCE nEV BY PURCHASER;
ALDEN REAL'T'Y sERVICES, INC.
RANDI SCHULLO
(DATE)
ACCEPTED By SMjyL R;
175 ='GTON LLC,
an 1 "0 Ilmitod liability c
Its: Manawr
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Village of Mount Prospect
Community Development Department
MEMORANDUM
aW.
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MARCH 3, 2011
SUBJECT: 1000 BUSINESS CENTER DRIVE — CLASS 6B INDUCEMENT RESOLUTION
Attached to this memorandum is a resolution that would grant approval of a Class 6b property tax
incentive for First Industrial Realty Trust, Inc. who is the current owner of 1000 Business Center Drive.
This property is located in the Kensington Business Center and has been vacant for over 2 years. The
2 -year vacancy qualifies the property for the 6b designation pending approval of the attached resolution
by the Village.
First Industrial is requesting the Class 6b abatement so that they can competitively recruit prospective
tenants for the property. ' It is estimated that the abatement would reduce the .amount of property tax
per square foot from $2.54 to $1 for this property. They are competing against other industrial buildings
in the market that have tax rates below $2 per square foot, putting them at a competitive disadvantage.
Please forward this memorandum to the Village Board for their review and consideration at their
meeting on March 15th. Staff will be present at that meeting to further discuss this matter.
William J. Cooney Jr.
THE LAW OFFICES OF
LISTON & TSANTILTS
A PROPESSIONAL CORPORATION
33 NORTH LASA LLE STREET. 25TH FLOOR CHICAGO, ILLINOIS 60602
BRIAN P. LISTON (312) 580 -1594 PETER TSANTILIS (312) 604 -3808 F'ACSIMII.E+ (312) 580 -1592
February 22, 2011
VIA US MAIL AND EMAIL
William J. Cooney, Jr.
Director of Community Development, Village of Mount Prospect
50 S. Emerson Street, Mount Prospect, Illinois 60056
bcooney@mountprospect.org
Re: Class 6b Application
1000 Business Center Drive, Mount Prospect, Illinois 60056
PIN: 03 -35 -104- 057 -0000
Dear Bill:
As we discussed, CRP Holdings A -2, LLC ( "Applicant ") is the owner of the above - referenced
property and is requesting a Resolution from the Village of Mount Prospect supporting' and consenting to a
Class 6b Incentive on the subject property based on occupation of abandoned property with greater than
twenty -four continuous months vacancy without a purchase for value and with special circumstances and
substantial rehabilitation. The Applicant plans to rehabilitate and then lease the subject property to an
industrial user for manufacturing, warehousing and/or distribution use.
The subject property consists of an approximately 110,000 square foot facility located on a roughly
250,257 square foot site that has been 100% vacant and unused since March 1, 2009 and continues to be
100% vacant and unused as of this date. This property is in need of significant improvements, and therefore,
the Applicant has allotted approximately $100,000 to immediately refurbish the existing facility. These
initial improvements will be made with regard to, but not limited to, the bathrooms, office, floors, walls,
landscaping and parking lot. Once a tenant is secured, the Applicant has plans to spend an additional
approximately $300,000 to $350,000 for tenant improvements, HVAC replacement, exterior work and roof
repair.
Should the Applicant obtain a Class 6b Incentive on the subject property, it believes it can
successfully lease the site to an industrial user for warehousing, manufacturing and/or distribution use, which
would result in approximately 50 to 100 permanent full -time jobs at the site. However, the viability of the
same is contingent on the Applicant receiving a Class 6b Tax Incentive. With a Class 6b Incentive in place
on this site, the Applicant believes it will be able to secure an industrial tenant to occupy the site and bring
jobs to the Village of Mount Prospect. For over two years the Applicant has attempted to lease the subject
property, however, each prospective tenant has not entered into a lease because of the site's excessive taxes.
Therefore, please review this letter and the attached legal description and aerial and place the
Applicant on the agenda for the next Village of Mount Prospect Board meeting. Should you have any other
questions or concerns, or require any additional documentation or information, do not hesitate to contact me
at (312) 580 -1593.
Re ,
Zachary A. Kafitz
Encls.
David A Orr Clerk of Cook County
COUNTY OF COOK MAP DEPARTMENT
Date: 02 -18 -2011
THIS CERTIFIES THAT THE PERMANENT REAL ESTATE INDEX NUMBER KNOWN AS:
03 - 35 - 104 - 057 - 0000 BEARS THE FOLLOWING LEGAL DESCRIPTION:
THAT PART OF LOT 301 -A LYING WEST OF A STRAIGHT LINE DRAWN FROM A POINT ON THE
SOUTH LINE OF SAID LOT 301 -A 203.89 FEET AS MEASURED ALONG SAID SOUTH LINE WEST OF THE
SOUTHEAST CORNER OF SAID LOT 301 -A TO A POINT ON THE NORTH LINE OF SAID LOT 207.24 FEET AS
MEASURED ALONF SAID NORTH LINE WEST OF THE NORTHEAST CORNER OF SAID LOT 301 -A IN
KENSINGTON CENTER RESUBDIVISION 13 IN THE NORTH 112 OF SECTION 35 TOWNSHIP 42 NORTH
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY ILLINOIS.
soo
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q VA va V"'
1 Fee: $5.00 1 Supervisor of Maps and Plats
ORDINANCE NO.
AN ORDINANCE DESIGNATING REPRESENTATIVES
TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY
FOR THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Village of Mount Prospect is a member of the Northwest Suburban Municipal
Joint Action Water Agency, as authorized by Ordinance No. 3081; and
WHEREAS, Section 9 of the Joint Action Water Agency Agreement and Articles II and III of the
by -laws to said Agency require the members to designate and appoint both a representative
and alternate representative of the Village to the Board of Directors of the Joint Action Water
Agency and the Executive Committee.
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 That Irvana K. Wilks, Village President, is hereby appointed as Director, and
Arlene A. Juracek, Village Trustee, as Alternate Director of the Board of Directors of the
Northwest Suburban Municipal Joint Action Water Agency, in each case for a term beginning
May 1, 2011, and expiring April 30, 2013, or until a successor is appointed.
SECTION TWO That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15 day of March, 2011.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN \ORDINANCE2 \JAWADI RECTORS201- 2013.doc
RESOLUTION NO.
A RESOLUTION APPOINTING A DIRECTOR AND ALTERNATE DIRECTORS
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
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 The Village of Mount Prospect is a member of the Solid Waste Agency
of Northern Cook County (the "Agency ") and, pursuant to the Agency Agreement
establishing the Agency, is entitled to appoint a Director and one or more Alternate
Directors to the Board of Directors of the Agency.
SECTION TWO The President and Board of Trustees of the Village of Mount Prospect
appoint Trustee Paul Wm. Hoefert as the Village's Director on the Board of Directors of
the Agency, and Trustee Michael A. Zadel and Mayor Irvana K. Wilks as Alternate
Directors, in each case for a term expiring April 30, 2013, or until a successor is
appointed.
SECTION THREE This Resolution shall be in full force and effect upon its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15 day of March, 2011.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \RESOLUTION \SWANCC reps may2011- 2013.doc
RESOLUTION NO.
A RESOLUTION APPOINTING REPRESENTATIVES OF THE
VILLAGE OF MOUNT PROSPECT TO THE O'HARE NOISE
COMPATIBLITY COMMISION
WHEREAS, the O'Hare Noise Compatibility Commission was created in 1996 to build and
maintain coalitions of communities and citizens dedicated to the reduction of aircraft noise at and
near O'Hare International Airport, Chicago, Illinois, and thereby enhance the quality of life for area
residents; and
WHEREAS, the Village President and members of the Village Board have determined that the
quality of life of the residents of Mount Prospect is directly affected by the aircraft noise at and near
O'Hare International Airport, Chicago, Illinois, such that the Village of Mount Prospect has become
a member of the O'Hare Noise Compatibility Commission to assist in developing meaningful
methods of reducing the impact of aircraft noise on our surrounding neighborhoods through home
and school sound insulation and to reduce wherever possible, aircraft noise at its source; and
WHEREAS, it is essential that the Village of Mount President and members of the Village Board
appoint qualified individuals to serve on the O'Hare Noise Compatibility Commission on behalf of
the Village of Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE That the President and Board of Trustees of the Village of Mount Prospect do
hereby appoint the following individuals to represent the Village of Mount Prospect on the O'Hare
Noise Compatibility Commission: Irvana K. Wilks, primary representative; Arlene Juracek, first
alternate representative, David Strahl, second alternate representative.
SECTION TWO That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15th day of March, 2011
Irvana K. Wilks
Mayor
M. Lisa Angell
Village Clerk
Village of Mount Prospect
Community Development Department
MEMORANDUM
Mourn
1 l�
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MARCH 2, 2011
SUBJECT: RESOLUTION APPROVING THE 2011 OFFICIAL ZONIN
State Statutes require that the Village Board approve the Official Zoning Map by March 31S of each
year to reflect the changes that have occurred in the previous calendar year. Staff has completed all the
necessary modifications to the 2011 Official Zoning Map and requests that the Village Board approve
the attached resolution.
Please forward this memorandum to the Village Board for the review and consideration at their March
15th meeting. Staff will be present at the meeting to discuss this matter further.
'
William J. Cooney Jr., AICP
Director of Community evelopment
\ \Vfl \vhlhcd$\PLAN\Official Zoning Map\2011\2011 Official Zoning Map Memo.docx
►
VILLAGE OF MOUNT PROSPECT
OFFICIAL ZONING MAP
Effective: March 31, 2011
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Zoning Districts
Bt, OFFICE R1, SINGLE - FAMILY RESIDENTIAL
B2, NEIGHBORHOOD SHOPPING DISTRICT R2, ATTACHED SINGLE - FAMILY RESIDENTIAL
B3, COMMUNITY SHOPPING R3, LOW - DENSITY RESIDENTIAL
B4, COMMERCIAL CORRIDOR R4, MULTI - FAMILY DEVELOPMENT
B5, CENTRAL COMMERCIAL R5, SENIOR CITIZEN RESIDENCE
B5C, CENTRAL COMMERCIAL CORE RA, SINGLE - FAMILY RESIDENTIAL
RX, SINGLE- FAMILY RESIDENTIAL
CR, CONSERVATION RECREATION XX, UNINCORPORATED COOK COUNTY
11, LIMITED INDUSTRIAL
12, RAILROAD
P.U.D.
OR, OFFICE RESEARCH
Pi, OFF STREET PARKING
0 0.5 1 1.5 2
Miles
0 0.5 1 1.5 2
Miles
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2011 OFFICIAL ZONING MAP
FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
WHEREAS, as mandated by the Illinois Compiled Statutes 5/11- 13 -19, the Corporate
Authorities shall cause to be published no later than March 31 of each year, a map
showing the existing zoning uses, divisions, restrictions, regulations and classifications
for such municipality for the preceding year.
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: The President and Board of Trustees of the Village of Mount Prospect
do hereby adopt and approve the 2011 Mount Prospect Official Zoning Map, attached
hereto and presented as "Exhibit A ".
SECTION TWO: This resolution shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15 day of March, 2011.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
HACLKOU NIRESOLUTION\Zoning Map,2011.doc