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HomeMy WebLinkAbout5. OLD BUSINESS 4/20/04 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~.~~ ~ 12P.1 at FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 16,2004 SUBJECT: PZ-05-04 - MAP AMENDMENT, CONDITIONAL USE, VARIATION 501-507 CAMP Mc DONALD ROAD DISCOVERY POINT, LLC - APPLICANT As you recall, the Petitioner presented their project aUhe April 6, 2004 Village Board meeting. At that time, the Petitioner was seeking approval of: 1) A Map Amendment to rezone from RX Single-Family Residence to R3 Low-Density Residence; 2) A Conditional Use for a Planned Unit Development, and 3) A variation to allow a 15-foot parking setback along a portion of the south lot line, all to allow the development of 501-507 Camp McDonald Road (the "Subject Property") as a 22-unit townhome development. The Petitioner has since revised the project to address Trustees concerns stated at the April 6th meeting. The project now includes: . 20 Townhome units (instead of 22-units as previously proposed); 20 Guest Parking Spaces (instead of 11 spaces as previously proposed); 9'x12' Patios (instead of varying sizes less than 9'x12' previously proposed); Use of brick paver material; A wood fence around the perimeter of the development. . . . . Also, the Guest Parking spaces have been relocated so the site meets all applicable setback requirements. Therefore, the Petitioner does not need a Variation to allow a 15-foot parking setback along a portion of the south lot line for Guest Parking. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 20, 2004 meeting. Staff will be present to answer any questions related to this matter. Ijc H,IPLAN\Plannmg & Zonmg COMM\P&z 20041MEJ Mcmos1PZ-O5-04 ME! MEMO II (501-507 Camp McDonald Road Townhomes).doc Village of Mount Prospect Community Development Department CASE SUMMARY - pz- 05-04 LOCATION: 501-507 Camp McDonald Road PETITIONER: Walter Wyszynski, Discovery Homes, Inc. (Contract Purchaser) OWNERS: Thomas Koch and George & Geraldine Podlin PARCEL #s: 03-28-201-015,03-28-201-021 & 03-28-201-025 LOT SIZE: 2.5 acres (after Camp McDonald Road right-of-way dedication) ZONING: RX Single-Family Residence LAND USE: Landscape Business and Day Care Center REQUEST: 1) Rezone to R3 Low,.Density Residence; 2) Conditional Use for a Planned Unit Development; and 3) Variation for Rear Yard (Parking) Setback LOCATION MAP "c:I ('# Q ~ .:0: ... ~ .Q = ~ Q .Q ... 00 ~ -. ..,- Village Bound; 0 Out of V~1age . ,- Village of Mount Prospect Community Development Department MEMORANDUM FROM: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON JUDY CONNOLLY, AICP, SENIOR PLANNER TO: HEARING DATE: MARCH 18, 2004 MARCH 25, 2004 DATE: SUBJECT: PZ-05-04: REZONE (RX TO R3), CONDITIONAL USE (PUD) & SETBACK VARIATION (PARKING) TO ALLOW A 22-UNIT TOWNHOME DEVELOPMENT 501-507 CAMP MCDONALD ROAD BACKGROUND A public hearing has been scheduled for the March 25, 2004 Planning & Zoning Commission meeting to review the application by Discovery Homes (the "Petitioner"), regarding the properties located at 501-507 Camp McDonald Road (collectively the "Subject Property"). The Petitioner is seeking: 1) To rezone the Subject Property from RX Single-Family Residence to R3 Low-Density Residence; 2) Approval of a Conditional Use permit for a Planned Unit Development; and 3) Variation for rear yard (parking) setback. The P&Z Commission hearing was properly noticed in the March 10, 2004 edition of the Journal 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 Camp McDonald Road, between Rand and Schoenbeck Roads, and is directly west of the existing Old Orchard Country Club townhome development. The site currently contains a landscaping business and a day care center with related improvements. The Subject Property is zoned RX Single-Family Residence and is bordered by the RX District to the west, the B3 Community Shopping District (Metro Credit Union) to the south, the Rl Single-Family ResidencelPUD District (Old Orchard Country Club townhomes) to the east, and a multi-family residential development (Brandenberry Park East Condominiums) located within Arlington Heights to the north. The Subject Property was originally located within unincorporated Cook County and developed under the County's regulations. The Subject Property was annexed into Mount Prospect in 1999 as part of a larger annexation (which included other parcels in the triangular shaped area near the intersection of Camp McDonald and Rand Roads). As part of the larger annexation, all of the properties involved were zoned RX Single-Family Residence (as required by State statutes) although existing commercial businesses were in operation at the time of annexation. SUMMARY OF PROPOSAL The Petitioner's proposal includes the demolition. of all of the existing structures on the Subject Property and the redevelopment of the site as a 22-unit townhome development. The various elements of the proposal, including requested relief from the Village's regulations, are outlined below: I .. PZ-05-04 Planning & Zoning Commission meeting March 25, 2004 Page 3 Rezoning Request - As noted previously, the Subject Property is currently zoned RX Single-Family Residence. The Petitioner is requesting approval to rezone the Subject Property to R3 Low-Density Residence, which allows a maximum density of 13.5 dwelling units per acre for multi-farn.ily developments. The Petitioner's proposal includes a density of 8.8 units per acre (22 units/2.5acres), which falls below the maximum density permitted within the R3 District. Conditional Use for a Planned Unit Development - In addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use for a Planned Unit Developrn.ent. This request is due to the Village Code's requirement that two or more multi-family residential buildings may be located on the same zoning lot only as part of an approved planned unit development (PUD). The PUD process also allows for unified zoning control over the entire development, thus requiring formal Village approval if any modifications to the development are proposed in the future. Site Plan - The attached site plan illustrates the proposed layout for the 22-unit townhome development. The development would consist of three 4-unit buildings and five 2-unit buildings located along a two-way private street that loops through the entire site. Each unit would have a separate entrance, two-car garage and two-car driveway, and a patio. The pavement width of the private street is 24-feet (consistent with the Village standards) and allows for 2-way traffic throughout the development. The proposed development also includes a 5-foot wide sidewalk on one side of the street and 11 guest parking spaces. Building Design - The enclosed elevations indicate that the townhomes will have peaked roofs and each unit will have a front-loading 2-car garage, accessed from the private street. The building materials for the exterior elevations will consist of wood siding, brick, and limestone. Also, balconies will be included on the front elevation of some of the units. Site Access - The proposed site plan indicates that the development will be accessed from Camp McDonald Road and have two entry points. The western driveway allows full vehicle access to/from the development and the eastern driveway limits access to a right in/out only (thus minimizing potential conflicts with nearby Dale Avenue). The Cook County Highway Department (CCHD) has jurisdiction over Camp McDonald Road and will have to approve the proposed entrance/exit configuration. Right-of-Wav Improvements - The site plan indicates that a portion of the Subject Property will be dedicated as part of the Camp McDonald Road right-of-way, as is required by the Village's Development Code. In addition, the required right-of-way improvements (widening the existing street, installing sidewalk, etc.) will be completed. Although Camp McDonald Road is under CCHD jurisdiction, the south half of the street must also be dedicated and improved to Village standards. As noted previously, CCHD approval is required for all right-of-way improvements (including the proposed connections to Camp McDonald Road). Parking - The Petitioner's proposal indicates that all 22 units will contain three bedrooms. The Village Code requires 2 ~ parking spaces per dwelling unit (for multiple-family dwellings containing 3 bedrooms or more). The Petitioner's proposal contains a total of 99 parking spaces (consisting of two garage and two driveway parking spaces per unit, plus an additional II" guest parking spaces dispersed throughout the development). The proposed plan includes some guest parking spaces along the western edge of the development that do not meet the required 25-foot setback requirement. The Petitioner has requested a variation to allow for the proposed IS-foot setback. Landscape Plan - The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the developrn.ent. The plan, however, does not include the required parkway trees (planted every 40-feet in locations determined by the Village Forester) along the Camp McDonald frontage. Typically, this requirement is met at the time of applying for permits. ,,'" f PZ-05-04 Planning & Zoning Commission meeting March 25, 2004 Page 4 The landscape plan indicates that the proposed townhome development will be partially screened from Camp McDonald Road with evergreen trees. Also, the existing landscaping along the eastern edge of the Subject Property will be maintained to help buffer the new development from the neighboring Old Orchard Country Club townhome development. However, a privacy fence may be needed along the west lot line to screen the townhomes ITom the existing day care facility and nearby commercial uses. GENERAL ZONING COMPLIANCE The table on the following page provides zoning district information for the property's proposed zoning classification and summarizes the proposed setbacks. R3 Low Density Residence District Minimum Requirements Proposed SETBACKS: . Front 30' 30' (with improved right-of-way) Interior 10' or 10% of lot width - which ever is less 10' to 15' Rear 25' 15' to 45' DENSITY . l3.5/acre 8.8/acre LOT COVERAGE 50% Maximum 50% The vast majority of the proposed development meets the R3 District's bulk regulations. Due to the Subject Property's unique shape, two of the proposed guest parking spaces encroach into the required rear yard setback. However, the townhomes, patios, and other guest parking spaces meet the required setbacks. It should also be noted that the proposed development complies with the Village Code's requirement that a minimum spacing of thirty feet (30') between multi-family buildings be provided. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 ofthe Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation, The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and . . Protection of the public welfare, other property, and neighborhood character. The SubjectProperty is located out of a floodplain and the topography is relatively level. The proposed IS-foot rear yard does not meet the minimum setback regulations. The Petitioner has the option of eliminating two guest parking spaces to then comply with the Village's Regulations. However, the location of the two parking spaces and the amount of the encroachment would not adversely impact the adjacent properties. Also, the proposed landscaping minimizes the view for the commercial properties located to the south and west of the Subject Property. MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Corn.mission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: (' PZ-05-04 Planning & Zoning Commission meeting March 25, 2004 Page 5 . The compatibility with existing uses and zoning classifications of property within the general area of the property in question; The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; . . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. . The Subject Property is adjacent to an existing multi-family residential development, abuts a commercial business located in an RX Single Family zoning district, and another commercial business located in the B3 district and has frontage onto a major arterial road. The proposed 22-unit townhome development, with minor design modifications, would be an appropriate use for the Subject Property and would be consistent with recently approved developments approved in the Village. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property and provides an adequate transition from Camp McDonald Road. The Subject Property would not be conducive to commercial development due to its limited size and surrounding uses. RECOMMENDATION The proposed rezoning meets the standards for a Map Amendment listed in the Zoning Ordinance. The Variation to permit a IS-foot rear yard to accommodate a Guest Parking Space as indicated on the site meets the standards for a Variation listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend that the Village Board approve the Variation request to permit a l5-foot rear yard as shown on the site plan and approve the request to rezone the Subject Property from RX to R3 subject to the following: 1) Prior to obtaining the first Certificate of Occupancy, the Petitioner must prepare a plat of vacation that dedicates the Camp McDonald Road right-of-way as required by the Development Code; 2) The site is developed in accordance with the elevations and plans prepared by OCGG Architects, LTD dated March 25,2004 but revised to reflect: a. Right-of-way improvements as required by the Development Code; b. A privacy fence along the west lot line or significantly increased year-round landscaping, 3) The units are constructed according to all Village Codes and regulations, including, but not limited to, the installation of sprinklers; and . 4) The Petitioner obtains permits from all appropriate agencies, including, but not limited to, IDOT, MWRD, CCHD. The Village Board's decision is final for this case, 501-507 Camp McDonald Road Road, Case No. PZ-O5-04. I concur: W¡JJi~~} AI~b Community Developmeut Ijc RIPLANlPlanning & Zoning COMMIP&Z 2""'lSlalrMemoIPZ-O5-O-1 MEMO (C.~ McDonald To"nhomes, Discovery Point).doc f '. ! APPLICA TION FOR CONDITIONAL USE APPROVAL LOCATION OF PROPERTY DISCOVERY POINTE TOWNHO:MES 501-507 W. CAMP MCDONALD, MT. PROSPECT (A PROPOSED 26 TOWNHO:ME DEVELOP:MENT) DISCOVERY HOMES., INC. 15 N. NORTHWEST HWY. PARK RlDGE, 1L 60068 PH. (847) 530-5300 FX. (847) 823-1517 VILLAGE OF 1. ~JlJNT PROSPEC~- COT:vIMUl\1lTY DEVELOPNŒNT DEP A.RTME~l- Planning-Division 100 S. Eme:son Street MountProspect, Illinois 60056 Phone 8d7.8l8.5328 FAX gJ.7.81S.5329 _Application for Conditional Use.i-\.pproval z ~. -- - ;;... ::..,..-- ,.;; .... ;;;.": ~õ C '-1 í;:;, IJ z~ -~ ~~ ¡;;,¡ Co z i Case Number iP&Z i , Development Name/Address Date of Submission Hearing Date . 'i I~ '-' z I Açidress(es) (Street Number, Street) 501-507 W.Camp McDonald, I 1:) -. ~ roperry L..O~g .Mount Prospect I Total Building Sq. Ft. (SIte) 3"9103 z C &- ~ Site Me:;. (Acres) 2.56 I I Sc:tbacks: ; From 40 I Rear 30' I Side 10 ' il Building Height I Lm Coverage C~/o) \ Number of Parking Spaces 35' 35. I . -. . I ~~:ent Laná ¡lees I South I East II Residential..ë" Co:imnercial . Res' d I - I la-X 1.D. Nwnber or CountY .<i.ssigned Pin Number(s) II 1 I I West Commercial I Side I ! 10' .,.. .:: :::: C í;:;, z ¡;;: - 03-28-201-025 03-28-201-015 O'i-?R-?Ol-02J ¡.. :r.. ;.< ¡;;: Legal Description (attach adåitional sheers if necessary) attached - - . "I !XI1.ðlí A I' :,'1 z I - :1 :: :. 5 II ~ I i - - i ~.~ !j :: ~ ;, z =- 'I - < ) - , ..... iì :::; :1 :-: :1 ~ 'I ~ :1 = Ii Nam~ I, !j I. " \. Tei~pi1one (åay) 847-530-5300 w ~ L '\\:,"\l. \J'i X 1 N'>~\ \ AE t'\~f" ~ CorDoration !.' Discovery Homes, Ii S cre~: Acidress . ~ 15 N. Northwest Hwy ~ City ~ Park Ridge !I Inrer::s"'Cln ?rop:::T'j Ii !leiephone (eve:iing) i ! f~v I -. 847-823-1517 Inc. 847-530-5300 ! s¡at~L I Zip ~~ci; 68 1\ ¡:¡~O'~~ . ~::-. I Contract Purchase of Property' z 0 I:"" ... I ~. ::::: ;:¡ 0 ::: ,- ~ ,ž6 I ... >. , ,- - I ž ~ :: Õ 0 ;.- - - ,:3 I ;0:: U .... ¿ Z 21 too..::! ~ ::: - ,... .<::: :5 ¡:: '¡;; 0 ;¡j ¡.,= z F i -..... . i I' .1 1\ II Ii ¡I I Name Te', e (day) Telephone (evening) . F 0..'<: Pag~, Te!ephone (day) Fax Telephone (day) Fax Te!ephone (day) Fax . Telephone (day) Fa.\:. I I. Tele¡Jhone (day): Fax I I \ I T"';"""n' on'" (a'av\' I ,-.-... - '. ), I . .- , \ Fax 847-530-5300 847"-823-1517 847-823-1505 R.d7";'ß23-1517 847-991-5088 847-934-3427 847-991-5088 847-934-3427 847-480-2212 847-513-6666 847-480-2212 847-513-6ô66 ~ ~ Engineer a ~ I Name :::::;:¡ r- :::- ' , 00" "';.1.) Aao.r~;J;' VI ,-, uï ~ Q SEE ATT.. _L:lED (e:)Qkiði1fð .. c.) (TWO SEPARATE OWNERS) i Cl>qJ~~~^5 ~. ~CI-1 (€'I't-<~~¡'r" "(>") , @ ú~ORJi.6 t "t5LA(,OI~t1 D"~).\ (el'Hlðir"¿ Stree~ ..1.dciress City S~ate I Zîp Çocie I Developer Name Discoverv Homes \ A " - .a.aress 15 N .N(')r+Ì1Wo~+- HW'} Park Ridge, IL .60068 I Attorney i Name Wyszvnski & Associ ates , P.C. Address 15 N. Northwest Hwy Park Ridae, IL 60068 Surveyor i Name Address W.C.DOLAND ENGINEERS INC. 509 E. Durideë- Rd . . Pala+i1îp' , 1160074 W.C. DOLAND ENGINEERS INC. 509 E. Dundee Rd I I Architect I Name I Address I OCGG ARCHITECTS, LTD. #296, 853 SANDERS RD NORTHBROOK, IL ôO062 i ; 1 Ii Landscape A.rchitec! II Name TO BE i Adè.r:::~s I. ii II il I, RETAINED Moun! ?ros¡:¡:::cr Deparcm:::m:Jf Communiry D:::v:::lopm:::m ["00 South Emerson Str:::::!. Moum Prospect: Iliinols Phone 3.::.-.S,S.~ F<1xS.:.i.7.S:S..:: ..,-.,...,'""' 0.: -; ~o- " 0 í;;J '- Ç;:.ì;¡¡ o~ :;¡ ~ÇI - M ..-:.:: - -- i::.(JJ :i::z ::;0 (JJ:- -- U < r-' ~Z :-,- - ~ (JJ:- ,-:- - --" ~,;;;: (JJ<:: 0::: ¡:",O O~ Q:Z ¡:",- t Proposed Conditionai Use (as listed in !he ;;:oning district) . . . . 'KeS,J) rvTIA;l p.U.{j Describe i.n De!ail !he Buildings and Activities Proposed and How the Proposed Use Meets the AuaÒed Standarcis ror Conditional Use Approval (attach additional sheets iÎnecessary) . Developer desires to improve the subject property with 26 l~xury townhomes.o..S~.:- ¡;'-\\ù..~e&. ~\u..'i\s. 5e~ A Til\CIi66 F"I!- . . . e ~l"\ \ ~I T" :P ~<J¥\N~~ ç .. Hours oÌ OperaTIon Residences II Address(es) (Street Number, Street) ! 501-507 Camp McDonald Road II Sire A.rea (Acres) I' Property Zoning I Toeal Building Sq. Ft. (Sire) I 2~56 R3 55,861.5 ,...- . I j-=tback.s: From \ Sq. Ft. DevOted to ?ropose:i Us 55,700 30' Building Height I Rear 25 ' II Lor Coverage (%) 49.85 I Side 20'& 10' I Number of Parking Spaces 75 25' & 10' I Side I 35' Please note that the application wi1l not be reviewed until !his petition has been fully completed and all required pians and other maœri2 have been satisfuc:oriiy submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested :had petitioner schedule an appointment with [he appropriate Village staffso that materials can be reviewed for accuracy and com~lerenes5 at: time of submittal. In consideration of the information contained in this petition as wen as a11 supporting documentation, it is requested that aFProval be giv to this request. The applicant is ,he owner or authorized representative of the owner of the property, The petitioner and:he owner of: property gram empioyees of the VUlage ofMoum Prospect and their agents permlssion ro enter on t!-¡e property duri.ng !"easonabie ho:.u::i visuai inspection of the subjec: property. . 'ed.herein~ ail materials submitted in association with this aDpiication are ,n.le and .~ . Date /-/f-o~ " If applicant is no: proper:;.' owner: I ¡le~eby designate :he 1ppli::m: to ac: :l.S my agem for ,he ;1Urpose of seeking the VariaÙoo.(s) described in chis 3.ppii:3.tion 3.r.c. associated supporting material. . -v ...- II ¿. II 81...11 t:: ...~\...l-r ~ o.....r ,.. . See attached Dare P~ope:ë¡' Owner Moun! Prospe:: De::Jarrment of Carnmuniry Development 100 South Emerson Street. Moum?rospe:: Illinois ~ Phone 8",,-;-,3: 8.':: F:.lxS.::ï,S:S..:: T1în RJ.-;-30:.:5t: """'.11 ""'""nr,.,~"onø"" moo- (' RESPONSES TO STANDARDS FOR MAP AMENDMENT APPROVAL 1. The subject property would be very compatible with the surrounding area. The subject properties are now improved with a single family residence, a landscaping business and landscaping equipment storage, and with a ranch home that had long time ago been converted to a child care facility. The adjacent properties are improved with townhomes/duplexes (PUD) to the East, with a bank facility and a fitness/office building to the South and . Southwest, a childcare facility to the West, and an apartment/condominium complex to the North. The proposed development would be bounded at least on two sides by multifamily residential developments. The entire area is comprised of many residential developments and office/retail establishments which cater to the residents. 2. The zoning in the area is RX to the Southwest, West, North. Zoning is R-1 to the East, and its B-3 to the South. The proposed development which asks for R-3 zoning district would simply build on the continued improvement of the area with residential properties. 3. The subjectand adjacent properties currently zoned RX are improved with an assortment of different properties: single family building, lawn care facility, a bank, childcare facility, fitness facility, restaurant, U-Hall rental facility, to townhome/duplex development. The development of the property under current zoning is very limiting and would not utilize the property to its fullest potential which would benefit the subject property and the adjacent properties. 4. The entire area is already improved with many residential developments and servicing office/retail establishments on the major streets. The proposed development is made off ofW. Camp McDonald which is not on a major street and which does not provide a viable commercial setting/development. The proposed development would only extend the residential construction that already exists to the Northwest, North, and East of the subject property. Although under current zoning, the development is very assorted, the proposed development would attempt to unify portion of the area as a planned unit development. 5. As noted in paragraph 1 hereof, the proposed development would be a smooth transition from residential to retail and office properties. The property is already adjacent to other residential developments and would fit nicely within the neighborhood. Furthermore, the proposed development would only enhance the viability of the area and the commercial establishmehts that would service it. 6. Although the current Comprehensive Plan for that portion of Mount Prospect is unknown, it would appear that the proposed development would srn.oothly fit into the area which is bounded on at least two sides with a planned unit development oftownhomes/duplexes and an apartment/condominium complex. 7. The proposed development would fit into the proposed zoning classification. The proposed area of development is 2.56 acres and would accommodate the development of 26 to\-vnhomes as proposed on the plans. ,:~~:,~ :~:,,:,,' . .--..-.. (1) r/ .. T ( V ~> , \ ~ NO~:~HLINEOFTHENORTHEASTiJ4SECTION2e~42-11','( I'~ . ~::,~:..: ~ :' t / 'I . ,,;:;,. -.;.:.:- -:.::...::. . ~ I (I"!i -.., "'\--- ; , ,:1 ' . """' ,","""i.-J : ,i;' ~ ' ~ /.¡:-OUNO tROll ¡SIPE A$PHAI. r ;~;:'&~M~~ ~~~....-, h( 0,35 ~ORTH ANI> I 1.47 ô:AS¡ r: ¡. -.,...- " , 'TO" ~ :1 j "- a,~2 ".. " "'-. 0 Ga"OACTE ¡;¡ '\,., C! ::! " '~; '" ~I 1 .... -' "" ! 2.0:: \ .~....",~...n;1Iaõ , .. I 1 /' I f- ¡ !>TONE i I i ~ r í~1 '^'"'::~,~ .~. \ f, ..~~' ," WOO, "",,'" ~'" . . rl", . - T(1..1'woa.( ral£--',¡ -r l~PH'~T : f1~ : .~.,T FI_AV~ROU,~O ;' ~ I C'-'UNnl~nNP'°E: II-=' ~ 1'1' , 0,:2 liaR;;; 1. ~'.ZS --..... I ~ I ! £~S'Æ~nE '~OA' It ; ,RAM!: jl ¡i c¡¡~ <:;"t,:~ A::-:"'~ -.O~. J: ~"'Q'i:( SHEa =-.. --'.,_.. .' ---,..-..-=---'.". '.:~ '7" '. I " ¡...". ~ .~,..,T ...~[.~f.,I:>oGAT; 360': , I,"" ~ :mlól,""ÐtC£ I¡, /1 I' ---(-V - '-'-I,'C:ÔNd:'~."'C>CI;Q,"--~w_a....u.&' 111.69' "81>.45.0<\... /["" '5J:7 "',I<. "A". --,)," '.OUt<o I~"'I< ,.".e: 0,07 ~uR1'.. I ,1 '_M' .;:;,:!I[.A~" 'I , I I 0" '~~.""T ~..""", &O1'IU'TI.4"(~ i "\~ Q! I --'I .-,:. 10/28/2003 18:25 184ï82~1C:¡lï ."' l ... , .. v-, ..~... '.....,... ~ þ . 11. ",6/ r 114- " ) ! "",/ 'MI. FEJ<CE IRCEL: 8 ", I: I. .., 1'-, ~.. , ] ] I PARCEL C 1 ì 1 " ,. ".... '... ~ .... ;! I..J ~ 'x i :" ; ] I ~ po. ",' 0: ", '24.38, 2.08 !eo ~ a ~ .. .. -.."... ';¡'~rwÈ.-- STO ~ ¡.~ r- It\! ¡ ( ] La \ ~ I~ ¡~ I~ I:J U I~ ¡~ ] .. ~ .. .. M,CJI PI..&IIT~. LA't'GROUND "', " .ø ~I '\, 'Ie, ~ME PLAY '" ", ',43,7'4 ~ 1" 2GA<\ r- f-t'-',- ... '.." -~ p.~ "- ~ .., 0 Õ I 0 tII ./' 03/11/2004 15:54 18475' ) OCGG H1C PAGE -----/ 02 4".# ) ~~-- ----~- - -~-- ~---- ~: '- "~ ~ "~ ~ <93-11-&4 15:51 RECEIVED FROM:18475135666 P.(; 2 I MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-O5-04 Hearing Date: March 25, 2004 PROPERTY ADDRESS: 501-507 Camp McDonald Road PETITIONER: Walter Wyszynski, Discovery Homes, Inc. (Contract Purchaser) PUBLICATION DATE: March 10, 2004 PIN#: 03-28-201-025 /015 /021 REQUEST: Rezone to R3 Low-Density Residence; Conditional Use for a Planned Unit Development; and Variation for Rear Yard (Parking) Setback MEMBERS PRESENT: Arlene J uracek, Chair Leo Floros Richard Roger Matthew Sledz Keith Youngquist MEMBERS ABSENT: Merrill Cotten Joseph Donnelly STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Lorraine & Rich Hagen Norma Jarmer Ed Madden Larry & Pat Rubens Bruce Smith Dolores Tomaszewski Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers made a motion to approve the minutes of the February 26, 2004 meeting and Keith Youngquist seconded the motion. The minutes were approved 4-0, with one abstention by Matt Sledz. At 7:32, Ms. Juracek introduced Case No. PZ-05-04, a request to rezone to R3 Low-Density Residence; a Conditional Use for a Planned Unit Development; and a Variation for a rear yard (parking) setback. She noted that the requests would be Village Board final. Judy Connolly, Senior Planner, presented the case. The Petitioner is seeking: to rezone the Subject Property from RX Single-Family Residence to R3 Low-Density Residence; approval of a Conditional Use permit for a Planned Unit Development; and Variation for rear yard, parking, setback. The Subject Property is located on the south side of Camp McDonald Road, between Rand and Schoenbeck Roads, and is directly west of the existing Old Orchard Country Club townhome development. The site currently contain.s a landscaping business and a day care center with related improvements. The Subject Property is zoned RX Single-Family Residence and is bordered by the RX District to the west, the B3 Community Shopping District to the south, the R1 Single-Family ResidencelPUD District to the east, and a multi-family residential development located within Prospect Heights to the north. The Subject Property was originally located within unincorporated Cook County and developed under County regulations. The Subject Property was annexed into Mount Prospect in 1999 as part of a larger annexation. As part of the larger annexation, all of the properties involved were zoned RX Single-Family Residence, as required j Planning & Zoning Commission Arlene Juracek, Chairperson PZ-05-04 Page 2 by State statute, although existing commercial businesses were in operation at the time of annexation. The Petitioner's proposal includes the demolition of all of the existing structures on the Subject Property and the redevelopment of the site as a 22-unit townhome development. The Subject Property is currently zoned RX Single-Family Residence and the Petitioner is requesting approval to rezone the Subject Property to R3 Low-Density Residence. The R3 district allows a maximum density of 13.5 dwelling units per acre for multi-family developments. The Petitioner's proposal includes a density of 8.8 units per acre, which falls below the maximum density permitted within the R3 District. In addition to the requested rezoning, the Petitioner is also requesting approval of a Conditional Use for a Planned Unit Development. This request is due to the Village's Code requirement that two or more multi- family residential buildings may be located on the same zoning lot only as part of an approved planned unit development. The PUD process also allows for unified zoning control over the entire development and requires formal Village approval if any modifications to the development are proposed in the future. The site plan illustrates the proposed layout for the 22-unit townhome development. The development would consist of three 4-unit buildings and five 2-unit buildings located along a two-way private street that loops through the entire site. Each unit would have a separate entrance, two-car garage and two-car driveway, and a patio. The pavement width of the private street is 24-feet, which is consistent with the Village standards, and allows for 2-way traffic throughout the development. The proposed development also includes a 5-foot wide sidewalk on one side of the street and 11 guest parking spaces. The elevations indicate that the townhomes will have peaked roofs and each unit will have a front-loading 2-car garage, accessed from the private street. The building materials for the exterior elevations will consist of wood siding, brick, and limestone. Also, balconies will be included on the front elevation of some of the units. The proposed site plan indicates that the development will be accessed from Camp McDonald Road and have two entry points. The western driveway allows full vehicle access to/from the development and the eastern driveway limits access to a right in/out only to minimizing potential conflicts with nearby Dale Avenue. The Cook County Highway Department has jurisdiction over Camp McDonald Road and will have to approve the proposed entrance/exit configuration. The site plan indicates that a portion of the Subject Property will be dedicated as part of the Camp McDonald Road right-of-way, as is required by the Village's Development Code. In addition, the required right-of-way improvements such as widening the existing street, installing sidewalk, etc. will be completed. The Petitioner's proposal indicates that all 22 units will contain three bedrooms. The Village Code requires 2 Y:2 parking spaces per dwelling unit for multiple-family dwellings containing 3 bedroorn.s or more. The Petitioner's proposal contains a total of 99 parking spaces (consisting of two garage and two driveway parking spaces per unit, plus an additional 11 guest parking spaces dispersed throughout the development). The proposed plan includes some guest parking spaces along the western edge of the development that do not meet the required 25- foot setback requirement. The Petitioner has requested a variation to allow for the proposed IS-foot setback. The Petitioner's landscape plan indicates that a variety of new landscaping materials will be planted throughout the development. The plan, however, does not include the required parkway trees planted every 40-feet in locations determined by the Village Forester along the Camp McDonald frontage. Typically, this requirement is met at the time of applying for permits. The landscape plan indicates that the proposed townhome development will be partially screened from Camp McDonald Road with evergreen trees. Also, the existing landsc:aping along the eastern edge of the Subject Property will be maintained to help buffer the new development from the neighboring Old Orchard Country Club townhome development. However, a privacy fence may be needed along the west lot line to screen the town homes from the existing day care facility and nearby commercial uses. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-05-04 Page 3 The vast majority of the proposed development meets the R3 District's bulk regulations. Due to the Subject Property's unique shape, two of the proposed guest parking spaces encroach into the required rear yard setback. However, the townhomes, patios, and other guest parking spaces meet the required setbacks. It should also be noted thatthe proposed development complies with the Village Code's requirement that a minimum spacing of thirty feet between multi-farn.ily buildings be provided. The standards for. a Variation are listed in the Zoning Ordinance and relate to: a hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; lack of desire to increase financial gain; and protection of the public welfare, other property, and neighborhood character. The Subject Property is located out of a floodplain and the topography is relatively level. The proposed IS-foot rear yard does not meet the minimum setback regulations. The Petitioner has the option of eliminating two guest parking spaces to tben comply with the Village's Regulations. However, the location of the two parking spaces and the amount of the encroachment would not adversely impact the adjacent properties. Also, the proposed landscaping minimizes the view for the commercial properties located to the south and west of the Subject Property. The standards for Map Amendments are listed in.the Zoning Ordinance. When.a Map Amendment is proposed, the request is evaluated based on: Compatibility with existing uses and zoning classifications of property within the general area of the property in question; the compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; the suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and consistency with the trend of development in the general area of the property in question, and the objectives ofthe current Comprehensive Plan for the Village. The Subject Property is adjacent to an existing multi-family residential development, abuts a commercial business located in an RX Single Family zoning district, and another commercial business located in the B3 district and has frontage onto a major arterial road. The proposed 22-unit townhome development, with minor design modifications, would be an appropriate use for the Subject Property and would be consistent with other developments recently approved in Mount Prospect. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property and provides an adequate transition from Camp McDonald Road. The Subject Property would not be conducive to commercial development due to its limited size and surrounding uses. The proposed rezoning meets the standards for a Map Amendment listed in the Zoning Ordinance. The Variation to permit a IS-foot rear yard to accommodate a Guest Parking Space as indicated on the site plan meets the standards for a Variation listed in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend that the Village Board approve the Variation request to permit a IS-foot rear yard as shown on the site plan and approve the request for a rezoning from RX to R3 and planned unit development for the Subject Property subject to the following: 1) Prior to obtaining the first Certificate of Occupancy, the Petitioner must prepare a plat of vacation that dedicates the Camp McDonald Road right-of-way as required by the Development Code; 2) The site is developed in accordance with the elevations and plans prepared by OCGG Architects, L TD dated March 25,2004 but revised to reflect: a. Right-of-way improvements as required by the Development Code; b. A privacy fence along the west lot line or significantly increased year-round landscaping. 3) The units are constructed according to all Village Codes and regulations, including, but not limited to, the installation of sprinklers; and Planning & Zoning Commission Arlene Juracek, Chairperson PZ-05-04 Page 4 4) The Petitioner obtains permits from all appropriate agencIes, including, but not limited to, IDOT, MWRD, CCHD. This concludes the Staff report; please note that the Village Board's decision is final for this case, 501-507 Camp McDonald Road, Case No. PZ-05-04. Mr. Rogers asked Ms. Connolly if a fence should be required along the west and east lot lines as well as the south lot line. Ms. Connolly said the south lot line has an existing fence that was installed by Metro Federal Credit Union and that representatives from the adjacent Old Orchard townhomes were present at the meeting and indicated a desire for a fence to be located along the east lot line. Leo Floros asked if the multi-family development to the north is in Prospect Heights and Ms. Connolly said it is. Ms. Juracek asked if the Board had previously approved parking setback variations where there were no visible encroachments to those setbacks. Ms. Connolly said yes. Ms. Juracek asked the petitioner to come forward to present his proposal and address any concerns that may have been expressed by the Commission and public. She said she would swear in all speakers at one time. Walter Wyszynski and his architect were sworn in. Mr. Wyszynski said he spoke to members of the board of the adjoining condominium development and would be putting up fences where desired by those neighbors. The architect spoke at the easel and said they had started the proposed project with 28 townhomes and reduced that number to 22 after consulting with Village Staff. He spoke about privacy fences and a proposed easement. They discussed landscaping with the Board and apologized for the absence of the Landscape Architect. They also explained the existence of a cross connection easement that is anticipated to be eliminated after a certain stage of construction of the townhomes; however, if it is not able to be eliminated it will have an adverse effect on a portion of the landscaping. The architect stated that 22 townhomes on a 2.5-acre site was a luxurious development compared to other projects they have done. He showed the elevations of the various townhome configurations and pictures of the materials used. He said the use of wood trim was just an aesthetic choice. Jason Dolan, Dolan Engineering, addressed drainage at the project site. He said it would be necessary for water to drain off the completed site at a slower rate than it does at the present time. He explained the detention and sanitary sewer system for the project. Mr. Floros asked what the price of the townhomes would be andMr. Wyszynski said they would start at $350,000. Dolores Tomaszewski, President of the Old Orchard Homeowners Association, was sworn in. She complimented the petitioners on their planned development. She said a chain link fence would not be acceptable, that a cedar fence of the same size and type put in by Metro Credit Union would need to be continued. Also, with regard to drainage, she asked if there would be a berm or swale. She asked if there would be a connection to the Old Orch~rd storm sewer system. Mr. Wyszynski said they would put in a cedar fence. Mr. Dolan said the drainage water would be carried aw"ay by a swale on the developer's property. Mr. Dolan described two methods of storm sewers they have planned for the project that do not include connecting to the Old Orchard sewer system. Michael Jacobs suggested that a specific condition be included in the Commission's recommendation regarding the extension of the existing fence on the Metro Federal CreditUnion property. Ms. Juracek closed the Public Hearing at 8: 10 Planning & Zoning Commission Arlene Juracek, Chairperson. PZ-05-04 Page 5 Richard Rogers made a motion to recommend that the Village Board approve the request for a Map Amendment to rezone the property at 501 to 507 Camp McDonald Road from RX to R3 Low-Density Residence. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Floros, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 5-0. Richard Rogers made a motion to recommend that the Village Board approve the request for a Conditional Use for a Planned Unit Development with all conditions imposed by Staff as well as: 1) A fence matching the size and style of the fence provided by Metro Credit Union be installed along the eastern property line (the fence could be eliminated if worked out with Old Orchard Homeowners Association); 2) Additional landscaping be provided along the development's east and south sides (to be worked out with Staff); and 3) a Variation for a Rear Yard (Parking) Setback. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Floros, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 5-0. At 8:50 p.m., Richard Rogers made motion to adjourn, seconded by Matt Sledz. The motion was approved bya voice vote and the meeting was adjourned. ~ obs, AICP ector of Community Development H:IPLk'I\Planning & Zoning COMMIP&Z 2004\MinutesIPZ-05-04 501-507 Camp McDonald Rd.doc vwl 4/1/04 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 501-507 CAMP MCDONALD ROAD WHEREAS, the Discovery Homes, Inc. (hereinafter referred to as "Petitioner'), has filed an application to rezone certain property generally located at 505-507 Camp McDonald Road (hereinafter referred to as "Subject Property'), and legaflydescribed as follows: Parcel 1: The North 415 feet of the east 223.37 feet of that part lying east and north, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Parcel 2: The North 213 feet (as measured on the East & West lines thereof) of the following tract of land: the West 111.69 feet of the east 335.06 feet of that part lying east and north of Rand Road of the west half of the northeast quarter of Section 28, Township 42 North, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Parcel 3: The East 36 feet of the North 208 feet, of the West 96.14 feet of the East 431.20 feet, as measured on the west and north lines thereof, of that part of the west half of the northeast quarter, lying northeasterly of the line of Rand Road, of Section 28, Township 42 North, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Property Index Numbers: 03-28-201-025 03-28-201-015 03-28-201-021 ; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from R-X (Single Family Residence) to R-3 (Low Density Residence) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-05-04, before the Planning and Zoning Commission of the Village of Mount Prospect on the 25th day of March, 2004, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 10th day of March, 2004; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to approve the request, 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 subject of PZ-O5-04 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. e, 501-507 Camp f\lcDonald Road Page 2/2 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VllU\GE OF MOUNT PROSPECT, COOK COUNTY, ILLINOiS: SECTION ONE: The recitals set forth herein.above é1~e 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 R-X (Single Family Residential) to R-3 (Low Density Residence) 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 April, 2004. Gerald L. Farley Village President A TTE5T: Velma W. Lowe Village Clerk H \CLKO\files\WIN'ORDINANC\REZONE 501.507 CampMcDacald Rd,lwoho-,s,Apr04.doc ~J, VWL 3/31/04 04/1/04 04/16/04 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 501-507 CAMP MCDONALD ROAD .WHEREAS, the Discovery Homes, Inc. (hereinafter referred to as "Petitioner"), has filed a petition for a Conditional Use permit in the nature of a Planned Unit Development with respect to property generally known as 501-507 Camp McDonald Road, (hereinafter referred to as "Subject Property"); and WHEREAS, the Subject Property is legally described as follows: Parcel 1: The North 415 fe~t of the east 223.37 feet of that part lying east and north, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Parcel 2: The North 213 feet (as measured on the East & West lines thereof) of the following tract of land: the West 111 ~69 feet of the east 335.06 feet of that part lying east and north of Rand Road of the west half of the northeast quarter of Section 28, Township 42 North, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Parcel 3: The East 36 feet of the North 208 feet, of the West 96.14 feet of the East 431.20 feet, as measured on the west and north lines thereof, of that part of the west half of the northeast quarter, lying northeasterly of the line of Rand Road, of Section 28, Township 42 North, Range 11 East of the Third Principal Meridian, except the north 33 feet thereof taken for roadway purposes, in Cook County, IL. Property Index Numbers: 03-28-201-025 03-28-201-015 03-28-201-021 ; and WHEREAS, the Petitioner desires to develop the Subject Property as a residential Planned Unit Development consisting of twenty (20) townhomes; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ-05-04, before the Mount Prospect Planning and Zoning Commission on the 25th day of March, 2004, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 10th day of March, 2004; and D Page 2/3 501-507 Camp McDonald Road WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendation to the President and Board of Trustees of the Village of Mount Prospect; and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trusteesof the Village of Mount Prospect. SECTION TWO: That the Conditional Use Permit in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: Prior to obtaining the first Certificate of Occupancy, the Petitioner must prepare a plat of dedication that dedicates the Camp McDonald Road right-of-way as required by the Development Code; The site is developed in accordance with the elevations and plans prepared by OCGG Architects, L TO dated April 20, 2004 but revised to reflect: a. Right-of-way improvements as required by the Development Code; b. A privacy fence along the west lot line or significantly increased year- round landscaping; A privacy fence along the east lot line that matches the existing fence at the Metro Federal Credit Union (this fence may be eliminated if agreed to, in writing, by the Old Orchard Country Club Homeowners Associati()n); A privacy fence along the west and south lot lines in locations that do not conflict with access easements; Revise the landscape plan to include significantly more landscaping, especially trees, along the east and south lot lines. The units are constructed according to all Village Codes and regulations, including, but not limited to, the installation of sprinklers; and The Petitioner obtains permits from all appropriate agencies, including, but not limited to, IDOT, MWRD, CCHD. SECTION THREE: That the President al1d Board()f Trustees of the Village of Mount Prospect do hereby g rant approval 0 f a Conditional Use. permit, as provided inS ection 14.203.F.7 of the Village Code, for a Planned Unit Development for a twenty (20) unit townhome development, as depicted in the Site Plan prepared by OCGG Architects, L TO, dated April 20, 2004, as revised. 1) 2) c. d. 3) 4) 5) . " Page 3/3 501-507 Camp McDonald Road 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 April, 2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk H:\CLKO\files\WINIORDINANC\ConUse,PUD,501.507 CampMcDonald Rd,townhomesapril20.doc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM FROM: MICHAEL JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE "'.ß þ. ~"r9 +lb{O4 TO: DATE: MARCH 18, 2004 WATER AND SEWER RATE INCREASE SUBJECT: PURPOSE: To present for the Board's consideration an ordinance increasing the Village's water and sewer rates. BACKGROUND: Since 1990 the Village has followed the practice of approving moderate annual increases in water and sewer rates, as opposed to implementing large increases periodically. The 2004 Budget includes an anticipated 4% increase in water and sewer rates. The Village enacted water and sewer rate increases of 4.0% in each of the past seven years. DISCUSSION: The following table illustrates the recommended rates as reflected in the proposed ordinance. Current Rate Proposed Rate Percent Inside Village Per 1,000 Gallons Per 1,000 Gallons Change Water $3.77 $3.93 4.2% Sewer $0.38 $0.39 2.6% Combined $4.15 $4.32 4.0% Current 'Rate Proposed Rate Percent Outside Village Per 1,000 Gallons Per 1,000 Gallons Change Water $7.54 $7.85 4.1% Sewer $0.38 $0.39 2.6% Combined $7.92 $8.24 4.0% E Water and Sewer Rate Increase March 18, 2004 Page 2 For Village sewer users not connected to the Village's water system, the monthly charge per dwelling unit would be $3.39, an increase of 4.0% over the current rate of $3.26. If a Mount Prospect household uses 16,000 gallons of water over a two-month period, their bimonthly water and sewer usage fee would be $69.12, an increase of $2.72. No increase is being proposed for the monthly availability charge assessed customers outside of Special Service Area No.5. For most customers, those with a 5/8" water line, the charge will remain at $10. Upon adoption of the ordinance we will place a notice of the pending increase on all water bills issued in April and May. The new rates would take effect for those bills rendered on or after June 1, 2004. RECOMMENDATION: It is recommended the Village Board approve the attached ordinance increasing water and sewer rates effective for bills rendered on or after June 1, 2004. ..~ II.I¿""//'//',, ¡( ~.....-- VtZ"-"'4->,'- [/ I..Ær.. DAVID O. ERB DIRECTOR OF FINANCE DOE/ 1:\Water & Sewer\Board Memo - March 2004.doc ORDINANCE NO. AN ORDINANCE TO AMEND WATER AND SEWER RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE Passed and approved by the President and Board of Trustees the - day of April, 2004. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the day of April, 2004. ORDINANCE NO. AN ORDINANCE TO AMEND WATER AND SEWER RATES SE'I'FORTH IN. APPENDIX A, DIVISION II OF THE VILLAGE CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINbIS: SECTION ONE: That Section 22.504.2 entitled "Water Rates" of Appendix A, Division II of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Section 22.504.2 of Appendix A, Division II shall be and read as follows: " Sec. 22.504.2 WATER RATES: A. All Village users within the village, having a direct or indirect connection with village water mains or pipes: $3.93 per 1,000 gallons of water consumed or portion thereof. All village users outside the corporate limits of the village having a direct or indirect connection with village water mains or pipes: $7.85 per 1,000 gallons of water consumed or portion thereof. All village users located outside the boundaries of Special Service Area Number 5 shall pay an additional monthly availability charge based upon the size of the water meter as follows: 5/8 inch meter % inch meter 1 inch meter I Y2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter B. $ 10.00 $ 15.00 $ 27.50 $ 42.50 $ 87.00 $150.00 $250.00 $475.00 $990.00 Hook-up charge for water furnished by the truckload: $ 10.00." SECTION TWO: That Section 22.504.3 entitled "Sewer Rates" of Appendix A, Division II of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Section 22.504.3 of Appendix A, Division II shall be and read as follows: " Sec. 22.504.3 SEWER RATES: c. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village sewer and water mains or pipes: $0.39 per 1,000 gallons of water consumed or portion thereof. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes and not with the village water mains or pipes: $3.39 per month per dwelling unit. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's water and sewer mains or pipes: $0.39 per 1,000 gallons of water consumed or portion thereof. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes, but not with village water mains or pipes: $3.39 per month per dwelling unit." SECTION THREE: That the fees set forth in this Ordinance shall be applied to all water and sewer bills rendered on or after June l, 2004. SECTION FOUR: That 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 ,2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk 2 ',. Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: MICHAEL W. JACOBS, DEPUTY DIRECTOR DATE: APRIL 16, 2004 SUBJECT: PZ-41-03: VARIOUS TEXT AMENDMENTS TO THE VILLAGE CODE BACKGROUND As you may recall, on April 6th & April 13th the Village Board reviewed the Planning & Zoning Commission's recommendations regarding a variety of Text Amendments to the Vi11age Code. Following direction from the Village Board staff has prepared the attached ordinance amending a number of sections within the Village Code. To assist in your review of this matter Staff has prepared the following brief summaries of each of the amendments to be considered (please refer to the attached ordinance for the specific language): ../ Outdoor Storage on Residential Properties - Proposed amendments identify specific items that can be stored outdoors on residential properties. The outdoor storage of any item not included within the permitted list would be prohibited. ../ Home Oc:c:upations - Amend existing regulations to prohibit employees related to a home occupation from reporting to a home either for work to be completed within the residence or to be dispatched to work at another location. ../ Daycare Facilities - Based on the issues identified by the Village Board during the April 6th meeting, Staff has obtained additional information regarding the State's day care regulations. To remain consistent with the Village's Home Occupation regulations and the State's licensing standards regardirig Day Care Centers and Day Care Homes, Staff recommends the following definitions be added to the Village Code (the existing definitions for Daycare Center and Limited Daycare Residential would be eliminated): Dav Care Home - A family home which receives more than 3 and up to a maximum of 8 children for less than 24 hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois Department of Children and Family Services' Licensing Standards for Day Care Homes. The maximum of 8 children includes the family's natural, foster, or adopted children and all other persons under the age of 12. Day Care Homes shall meet all applicable Village, County and State regulations. Day Care Center - A non-family home that regularly provides day care for less than 24 hours per day for more than 3 children. Day Care Centers shall meet all applicable Village, County and State regulations. Family Home - The location, or portion of the location, where the person to be licensed as the primary caregiver in the day care home resides and is domiciled. " PZ-41-03: Various Text Amendments Village Board - April 6, 2004 Page 2 of 5 In addition to these proposed modifications to the Village Code's definition section, the R-X, R-I, R-A, R-2 and R-3 Districts would be amended to allow Day Care Homes as Permitted Uses and Day Care Centers as Conditional Uses. ../ Maintenance of Landscaping - Amend the Village's landscaping regulations to require the replacement, in similar kind and quantity, of any landscaping materials that are removed (this will not apply to single- family residential properties). ../ Unenclosed Front Porches - Proposed amendment will authorize the Village's Planning & Zoning Commission to act as the final administrative authority for al1 Conditional Use petitions to allow the construction of unenclosed front porches encroaching up to 5 feet into the required front setback. ../ Service Walk & Sidewalk Width - Proposed amendment will allow service walks, sidewalks, steps and handicap ramps up to 5 feet in width to encroach into the required front and exterior side yards. ../ Administrative Subdivisions - This amendment will allow administrative approval for subdivisions involving either: 1) an adjustment of a lot line between two adjoining lots; or 2) the consolidation of two or more lots into a single lot of record, when all of the properties are under the same ownership. Administrative subdivisions will only be permitted if no non-conformities are created. ../ Flags & Flagpoles - Proposed amendments would establish the fol1owing regulations regarding flags and flagpoles. 0 Residential Districts - A maximum of I flagpole per zoning lot, and such flagpole shall not exceed 25 feet in height. No more than 2 flags shall be displayed on a zoning lot at one time, and each flag shall not exceed a maximum size of 3 feet by 5 feet. 0 Non-Residential District., - A maximum of 3 flagpoles, with no more than 2 flags per pole, shall be permitted per zoning lot. The maximum flagpole height shall not exceed the zoning district's height limitations for principal structures. For flags flown from a flagpole, such flagpole shall be a minimum of four times the length of the flag. Additional Regulations - Flagpoles shall not be located within a required interior side yard and shall maintain a minimum setback of 5 feet from any property line. Flags and flagpoles shall be located in such a manner that no portion ofthe flag will project over any property line or contact any other structure when ful1y extended. Roof mounted flagpoles or flag supports are prohibited. Display of the United States flag shall conform to all applicable Federal statutes. 0 ../ Storage of Commercial Trailers in Residential Zoning Districts - Proposed amendment will prohibit the outdoor storage of commercial trailers within residential zoning districts, thus requiring all commercial trailers to be stored either in a garage or off-site. ../ Arbors and Trellises - Proposed amendment will permit a maximum of 2 arbors/trellises, not exceeding a height of 8 feet or a width of 10 feet, within a required interior side yard or rear yard. ../ Permitted Fence Locations - The proposed regulations regarding permitted fence locations would aJlow the following: '1 PZ-4l -03: Various Text Amendments Village Board - April 6, 2004 Page 3 of 5 (1) Rear & Interior Side Yards - Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal buiJdiÌ1g structure. If a fence is not located along a property line then sufficient access must be provided to the area bet\veen fence and property line to allow for proper maintenance. (2) Exterior Side Yards - Fences may be installed in an exterior side yard, provided that the fence is placed behind the front Jine of the principal building and setback one-foot from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, the fence shall not be located any closer to the exterior side yard lot line than either the building line established by the principal structure or the front yard established for the adjacent lot, whichever is less. In addition to the regulations outlined above, the following definition of "Fenceable Area" would be adopted to prohibit the creation of dog runs. Section 1 4.304.D.l.d.: Fenceable Area: Under no circumstances shall a fence enclose an area that is less than 50% of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. ./ Double Fences - The proposed amendments would allow double fences, and require that fences located along a common property line be located as cJose together as possible, thus minimizing any potential property maintenance issues. ../ FAR and Related Definitions - The proposed amendments regarding floor area ratio (FAR) and related issues would modify what areas are included when calculating the FAR of a building. This proposed definition will result in garages (either attached or detached) and unencJosed porches being included in the floor area ratio. The proposed definition of gross floor area would be as follows: Floor Area (Gross): The sum of the gross horizontal living space of all floors of a building, including principal and accessory uses and storage areas as measured from the exterior walls. Gross floor area shall exclude: a. Areas used for storage of building, mechanical and BV AC equipment; b. Interior loading docks; and c. Basements in single-family dwellings. In addition to the proposed definition of Floor Area (Gross), the term "Basern.ent" would be defined as follows: Basement - That portion of a building have more than half (l /2) of itsf1oor~to-ceiling height below the average level of the adjoining finished grade. Lastly, the proposed amendments would also modify the regulations regarding height limits within the Village's residential zoning districts. The proposed amendments would eliminate the limits regarding number of stories, thus the height limit would be based solely on the actual height of the structure. The proposed amendments are outlined below. PZ-4] -03: Various Text Amendments Village Board - April 6,2004 Page 4 of 5 Propose.d Heit!:ht Re!!ulations: RX RI, RA & R-2 R-3: Single-Family Multi-Family R-4 Height Limitations Maximum Height *: Number of Stories: 35 feet or 3 stories \"hichcyer is less 28 feet or 2 stories v;hichcver is less Zoning District: 28 feet 35 feet 34 feet or or or 2 stories 3 stories 3 stories whichever is less whichever is less whichever is less * Note: Maximum height is measured to the mid-point of a hip or gable roof or to the highest point for a flat, mansard or gambrel roof. ,¡ Conversion of Attached Garages into Living Space - The proposed amendments would require the following when converting an existing attached garage into living space: 1) the provision of garage space equal to the amount that is to be converted (for example - the conversion of a 2-car garage would require the provision of a new 2-car garage); 2) the garage door that provided access to the area that is to be converted into living space must be removed and replaced with materials similar in style and color to the home's existing exterior; and 3) the existing driveway serving the garage to be converted into living space must be removed and a driveway serving the new garage must be provided. ,¡ No Trespassing Signs - Proposed amendment wiJ1limit no trespassing signs to a maximum of 4 (allowing no more than 1 sign per lot frontage) and a total maximum sign area of 6 square feet. ,¡ Compost Pile Regulatiolls - The proposed amendments will define the term "Compost Pile" (see below) and establish specific criteria regarding permitted size (4' x 4' x 4'), location (behind the principal structure, not within a required side yard, and a minimum of 5 feet from any property line) and maintenance requirements. Compost Pile - A collection of easily decomposable, smaller particulate matter maintained for the purpose of providing an ecologically sound method of disposing of such materials. ,¡ Gravel Driveways - Proposed amendment will require paving of all existing gravel driveways and parking lots by January 1, 2015. ,¡ Location of Port-A-Pots - The proposed regulations would prohibit port-a-pots from being located within a required side yard or any right-of-way. ,¡ Residential COllstruction Site Fencing - Proposed amendment would require perimeter fencing with a minimum height of 5 feet for al1 substantial single-family construction projects. The required fencing shal1 be maintained until the structure is properly secured. PZ-41-03: Variolls Text Amendments ViIJage Board - April 6,2004 Page 5 of 5 ,¡' Attached Garages, Ðrh'eway Widths, ((nd Pavement Separation - In foUow up to the issues raised by the Vi1lage Board during the April 13th meeting Staff is currently reviewing these three items and will prepare some additional materiaIs for review and consideration at an upcoming VilJage Board meeting. No amendments regarding these three issues are inc]uded within the attached ordinance. Staff will be present at the April 20th Board and prepared to answer any questions regarding this matter. I concur: ~~ elopment William J. Cooney, H:/PlaníPlanning & Zoning COlvIMíP&Z 2004/StaffMemos/PZ-41-03 MEJ MEMO (final issues) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, CHAPTER 14, CHAPTER 16 AND CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARDOFTRUSTE'ËS OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article II, Section 7.205 entitled "Exempt Signs" of Chapter 7 of the Mount Prospect Village Code shall be amended by deleting paragraph E entitled "Flags" in its entirety and inserting in lieu thereof the following new paragraph E entitled "Flags" which shall be and read as follows: E. Flags: Residential Districts: A maximum of one flagpole, not exceeding twenty-five (25) feet in height, shall be permitted per zoning lot. No more than two (2) flags shall be displayed on a single-family zoning lot at one time, and each flag shall not exceed a maximum size of three (3) feet by five (5) feet. Non-Residential Districts: A maximum of three (3) flagpoles, with no more than two (2) flags on a pole, shall be permitted per zoning lot. The maximum height permitted for the flagpole shall not exceed the District's height limitations for principal structures. For flags flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag. In addition to the limitations outlined above, the following restrictions apply to flags and flagpoles within all zoning districts: 1. Location: Flagpoles or flag supports shall not be located within a required interior side yard. A flagpole or flag support shall maintain a minimum setback of five (5) feet from any property line. Flags and flagpoles shall be located in such a manner that no portion of the flag will project over any property line or contact any other structure when fully extended. Roof mounted flagpoles or flag supports are prohibited. 2. Display of flags of the United States shall conform to all applicable Federal statutes regarding the use and display of the United States flag. F SECTION 2: Article II, Section 7.205 entitled "Exempt Signs" of Chapter 7 of the Mount Prospect Village Code shall be amended by inserting the following new paragraph R entitled "Signs Prohibiting Entry onto Private Property" which shall be and read as follows: 7.205.R: SIGNS PROHIBITING ENTRY ONTO PRIVATE PROPERTY: No more than four signs shall be allowed on any single-family residential zoning lot and under no circumstances shall the total sign area exceed six square feet. No more than one sign shall be permitted along each front, rear or side property line. SECTION 3: Article III, Section 14.304 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the existing subparagraph D(1)(d) under Section 14.304 entirely and inserting the following new subparagraph 0(1 )(d) to be and read as follows: d. FENCEABLE AREA: Under no circumstanc~~ shall a fence enclose an area that is less than 50% of the maximum fenceable area of a residentially zoned property. This limitation shall not apply to fencing around swimming pools. SECTION 4: Article III, Section 14.304 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the existing subparagraph 0(1 )(e) under Section 14.304 entirely and inserting the following new subparagraph 0(1)(e) to be and read as follows: e. Fences up to five (5) feet in height will be permitted as follows, and as shown on Exhibit 14.30401 b in Section 14.2501 of this Chapter: 1. Rear and Interior Side Yards. Fences may be installed in the rear and interior side yards, provided any fence is located behind the front line of the principal building structure. If a fence is not located along a property line then sufficient access must be provided to the area between fence and property line to allow for proper maintenance. 2 2. Exterior Side Yards. Fences may be installed in an exterior side yard, provided that the fence is placed behind the front line of the principal building and setback one-foot from the property line along the exterior side yard. If the exterior side yard abuts the front yard of an adjacent lot, the fence shall not be located any closer to the exterior side yard lot line than either the building line established by the principal structure or the front yard established for the adjacent lot, whichever is less. SECTION 5: Article II, Section 14.202 entitled "Administrative Bodies and Specific Duties" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new subparagraph (4) to paragraph (B) entitled "Planning and Zoning Commission" which shall be and read as follows: 4. To hear and decide as final administrative authority, all Conditional Use petitions to allow the construction of an attached unenclosed front porch encroaching up to five feet (5') into the required front setback, with respect to single-family residences with an approved certificate of occupancy that was issued prior to May 18, 1999. SECTION 6: Article I II, Section 14-304 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new subparagraph G) to paragraph (0)(1) which new subparagraph G) shall be and read as follows: j. Arbors/Trellises. A maximum of two arbors or trellises, not exceeding a height of eight (8) feet or a width of ten (10) feet, shall be permitted except in any required front yard. SECTION 7: Article III, Section 14-306 entitled "Accessory Structures" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting subparagraph (E)( 4) of Section 14-306 and inserting in lieu thereof, the following new subparagraph (E)(4) which shall be and read as follows: 4. Service walks, sidewalks, steps and handicap ramps up to five (5) feet in width may encroach in the required front and exterior side yards; service walks, sidewalks, and steps up to three (3) feet in width may encroach in 3 the required interior side and rear yards. SECTION 8: Article III, Section 14-307 entitled "Standards for Home Occupations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (E) in its entirety and inserting a new paragraph (E) and shall be and read as follows: E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premise shall report to work at or near the premises, either for work to be completed within the residence or to be dispatched to work at another location. The purpose of this standard is to ensure that no nonresident comes to a dwelling for employment purposes, and to minimize the traffic generated by the home occupation. No routine attendance of employees associated with any home occupation shall be allowed at the premises of the home occupation. "Routine Attendance" shall mean that the conduct of the home occupation requires non- domiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits. SECTION 9: Article III, Section 14-311 entitled "Outdoor Sales and Storage" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new paragraph C entitled "Outdoor Storage on Residential Properties" and shall be and read as follows: C. Outdoor Storage on Residential Property. Outdoor storage on residential properties is prohibited except for the following: lawn and garden equipment and materials, garbage cans, grills and portable fireplaces, patio furniture, household tools, children's play equipment, and other items similar to the above as determined by the Community Development Director. For regulations regarding the storage of commercial vehicles, or recreational vehicles and equipment please refer to Article XXII of this Code. SECTION 10: Article VIII, Section 14-802 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single-family detached dwellings, including dwellings with an attached three (3) car garage" from 4 paragraph A and inserting "Single-family detached dwellings, with or without attached garages" in lieu thereof. SECTION 11: Article VIII, Section 14-802 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Limited Daycare" from paragraph A and inserting "Day Care Home" in lieu thereof. SECTION 12: Article VIII, Section 14-803 entitled "Conditional Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare Homes" from paragraph A and inserting "Day Care Center" in lieu thereof. SECTION 13: Article VIII, Section 14-805 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0)(1) entitled "Residential Buildings" in its entirety and inserting the following new paragraph (0)(1) which shall be and read as follows: 1. Residential Buildings: The maximum height of a residential building shall not exceed thirty-five feet (35'). SECTION 14: Article IX, Section 14-902 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single-family detached dwellings, including dwellings with an attached three (3) car garage" and "Limited Daycare" from paragraph A and inserting "Single-family detached dwellings, with or without attached garages" and "Day Care Home" in lieu thereof. SECTION 15: Article IX, Section 14-903 entitled "Conditional Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare Homes" from paragraph A and inserting "Day Care Center" in lieu thereof. 5 SECTION 16: Article IX, Section 14-905 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0)(1) entitled "Residential Buildings" in its entirety and inserting the following new paragraph (0)(1) which shall be and read as follows: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty-eight feet (28'). SECTION 17: Article X, Section 14-1002 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single family detached dwellings" and "Limited Oaycare" from paragraph A and inserting "Single- family detached dwellings, with or without attached garages" and "Oay Care Home" in lieu thereof. SECTION 18: Article X, Section 14-1003 entitled "Conditional Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Oaycare Homes" from paragraph A and inserting "Oay Care Center" in lieu thereof. SECTION 19: Article X, Section 14-1005, entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0)(1) entitled "Residential Buildings" in its entirety and inserting the following new paragraph (0)(1) which shall be and read as follows: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty-eight feet (28'). SECTION 20: Article XI, Section 14-1102 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single-family detached dwellings, including dwellings with an attached three (3) car garage" and 6 "Limited Oaycare" from paragraph A and inserting "Single-family detached dwellings, with or without attached garages" and "Day Care Home" in lieu thereof. SECTION 21: Article XI, Section 14-1103 entitled "Conditional Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Oaycare Homes" from paragraph A. SECTION 22: Article XI, Section 14-1105 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0)(1) entitled "Residential Buildings" in its entirety and inserting the following new paragraph (0)(1) which shall be and read as follows: 1. Residential Buildings: The maximum height of a residential building shall not exceed twenty-eight feet (28'). SECTION 23: Article XII, Section 14-1202 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single family detached dwellings" and "Limited Oaycare" from paragraph A and inserting "Single- family detached dwellings, with or without attached garages" and "Day Care Home" in lieu thereof. SECTION 24: Article XI" Section 14-1203 entitled "Conditional Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Daycare Homes" from paragraph A. SECTION 25: Article XII, Section 14-1205 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraphs (0)(1) and (0)(2) in their entirety and inserting the following new paragraphs (0)(1) and (0)(2) which shall be and read as follows: 7 1. Single-Family and Two-Family Buildings: The maximum height of a residential building shall not exceed twenty-eight feet (28'). 2. Multi-Family Buildings: The maximum height of a multi-family building shall not exceed thirty-five feet (35'). SECTION 26: Article XIII, Section 14-1302 entitled "Permitted Uses" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting "Single family detached dwellings" and "Limited Oaycare" from paragraph A and inserting "Single-family detached dwellings, with or without attached garages" and "Day Care Home" in lieu thereof. SECTION 27: Article XIII, Section 14-1304 entitled "Bulk Regulations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0)(1) in its entirety and inserting the following new paragraph (0)(1) which shall be and read as follows: 1. The maximum height of a multi-family building shall not exceed thirty- four feet (34'). SECTION 28: Article XXII, Section 14-2208 entitled "Parking of Commercial Vehicles in Residential Districts" of Chapter 14 of the Mount Prospect Village Code shall be amended adding a new paragraph G entitled "Commercial Trailer Storage Limitations" and re-Iettering the current paragraph G entitled "Application of Home Occupancy Standards" to read paragraph H. The new paragraph G shall be and read as follows: G. Commercial Trailer Storage Limitations. All commercial trailers parked or stored on a zoning lot in a residential district shall, at all times, be parked in a fully enclosed garage. SECTION 29: Article XXIII. Section 14-2304 entitled "Design Criteria" of 8 Chapter 14 of the Mount Prospect Village Code shall be amended by deleting paragraph (0) entitled "Maintenance of Plant Material" in its entirety and by adding a new paragraph (0) entitled "Maintenance of Plant Materials" in lieu thereof which shall be and read as follows: o. Maintenance of Plant Materials. The owner of premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc. as may be required by the Village. When any existing landscaping materials are removed from a non-single family residential property, the removed materials must be replaced in similar kind and quantity. A means of irrigating plant material shall be provided. Installation of an automatic underground sprinkling system is recommended. SECTION 30: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new definition to be placed alphabetically and shall be and read as follows: ARBORITRELLlS: A decorative feature, constructed from latticed or patterned materials, that is no more than fifty percent (25%) opaque. SECTION 31: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new definition to be placed alphabetically and shall be and read as follows: COMMERCIAL TRAILER: Any trailer, (1) carrying work equipment such as ladders, snowplows, hand or mechanical tools; (2) carrying work machinery on or affixed to the outside of the trailer; (3) containing a refrigeration unit or other motorized compressor; or (4) being used for storage shall be considered commercial trailers. None of the following shall be considered a commercial trailer: (a) a recreation trailer that is not included within the above categories; and (b) Mount Prospect police or fire trailers. SECTION 32: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the definition of 9 "DA YCARE CENTER" in its entirety and by adding a new definition of "DAY CARE CENTER" to be placed alphabetically and shall be and read as follows: DAY CARE CENTER: A non-family home that regularly provides day care for less than 24 hours per day for more than 3 children. Day Care Centers shall meet all applicable Village, County and State regulations. SECTION 33: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the current definition of "Floor Area (Gross)" and adding in lieu thereof a new definition of "Floor Area (Gross)" which shall be and read as follows: FLOOR AREA (GROSS): The sum of the gross horizontal living space of all floors of a building, including principal and accessory uses and storage areas as measured from the exterior walls. Gross floor area shall exclude: a. Areas used for storage of building, mechanical and HVAC equipment; b. Interior loading docks; and c. Basements in single-family dwellings. SECTION 34: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the definition of IDA YCARE, LIMITED RESIDENTIAL" in its entirety and by adding a new definition entitled "DAY CARE HOME" to be placed alphabetically and shall be and read as follows: DAY CARE HOME: A family home which receives more than 3 and up to a maximum of eight (8) children for less than twenty-four (24) hours per day, provided the mix of the children's ages does not require an assistant pursuant to the Illinois Department of Children and Family Services' Licensing Standards for Day Care Homes. The maximum of eight (8) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). Day Care Homes shall meet all applicable Village, County and State regulations. 10 J/ SECTION 35: Article XXIV, Section 14-2401 entitled "Purpose" of Chapter 14 of the Mount Prospect Village Code shall be amended by adding a new definition entitled "FAMILY HOME" to be placed alphabetically and shall be and read as follows: FAMILY HOME: The location, or portion of the location, where the person to be licensed as the primary caregiver in the Day Care Home resides and is domiciled. SECTION 36: Article XXV, Section 14.2501 entitled "Illustrations" of Chapter 14 of the Mount Prospect Village Code shall be amended by deleting the existing Exhibit 14.30401 b and a new (a) and (b) under "1. Permitted Five (5) foot fences" shall be inserted as attached hereto as Exhibit "A". SECTION 37: Article II, Section 16.202 entitled "Definitions" of Chapter 16 of the Mount Prospect Village Code shall be amended by adding a new definition entitled "Administrative Subdivision" which shall be inserted alphabetically and shall be and read as follows: ADMINISTRATIVE SUBDIVISION: A subdivision that may be approved by the Director of Community Development and does not require a public meeting before the Planning & Zoning Commission or approval by the Board of Trustees. SECTION 38: A new Section 15.310 entitled "Administrative Subdivision" shall be added to Article III entitled "Subdivision Procedures and Standards" of Chapter 15 of the Mount Prospect Village Code which shall be and read as follows: 15.310 ADMINISTRATIVE SUBDIVISION. An administrative Subdivision shall be permitted in the following instances: a. An adjustment of a lot line between two (2) adjoining lots; or b. The consolidation of two (2) or more lots, parcels or tracts of land, either in whole or part, into a single lot of record, when all of the properties are under the same ownership. 11 With respect to the above, an Administrative Subdivision is permissible only if no non-conformities are created with respect to these regulations. A final plat would still be required. SECTION 39: Article I, Section 21.105 entitled "Illinois Plumbing Code Adopted" of the Village of Mount Prospect Village Code shall be amended by adding the following new subparagraph (iv) to paragraph (C) of Section 890.810 of the Illinois State Plumbing Code which shall be and read as follows: 890.810.C.iv. Ports-a-pots shall not be located within any required side yard or within any right-of-way. SECTION 40: Article I, Section 21.106 entitled "2000 International Residential Code Adopted" of the Village of Mount Prospect Village Code shall be amended by adding the following paragraph 8 to Section 21.106 which shall be and read as follows: R328 - Construction Site Fencing: A minimum perimeter fencing of five (5) feet in height shall be required for all substantial single-family development projects, including, but not limited to, new construction, teardowns, and major additions. The required fencing shall be maintained until the structure is properly secu red. The remaining two paragraphs shall be renumbered. SECTION 41: Article V, Section 21.501 entitled "Definitions of Words and Phrases" of Chapter 21 of the Mount Prospect Village Code shall be amended by deleting the definition of "BASEMENT" and inserting in lieu thereof, the following new definition of "BASEMENT" to be and read as follows: BASEMENT: That portion of a building having no more than three (3) feet of its floor-to-ceiling height above the average level of the adjoining finished grade. SECTION 42: Article VI, Section 21.603 entitled "International Property Maintenance Code Adopted: Amendments" of Chapter 21 of the Mount Prospect 12 <I ~ Village Code shall be amended by adding the following new section "302.11 Compost Piles" which shall be inserted in numerical order and shall be and read as follows: 302.11 Compost Piles. Compost Piles shall notexceed a maximum size of four (4) feet tall by four (4) feet wide by four (4) long. Compost Piles shàllbe IDeated behind the principal structure and are not permitted within any required front or side yards. Compost Pile must be located a minimum of five (5) feet from a property line. Compost Piles shall be regularly tended to ensure the materials are properly decomposing. SECTION 43: Article VI, Section 21.603 entitled "International Property Maintenance Code Adopted: Amendments" of Chapter 21 of the Mount Prospect Village Code shall be amended by adding a new definition entitled "Compost Pile" to Section 202 General Definitions which shall be inserted alphabetically and shall be and read as follows: Compost Pile: A collection of easily decomposable, smaller particulate matter maintained for the purpose of providing an ecologically sound method of disposing of such materials. SECTION 44: Article Section 21.603 entitled "International Property Maintenance Code Adopted: Amendments" of Chapter 21 of the Village of Mount Prospect Village Code shall be amended by adding the new section "302.3.1 which shall be inserted in numerical order and shall be and read as follows: 302.3.1 Gravel Driveways and Parking Lots: Any existing gravel driveway or parking lot shall be paved, in compliance with all applicable sections of the Village Code, by January 1, 2015. SECTION 45: A new Section 14.315 entitled "Conversion of Single-Family Residential Attached Garages" shall be added to Article III entitled "General Provisions" of Chapter 14 of the Mount Prospect Village Code which shall be and read as follows: Section 14.315: Conversion of Single-Family Residential Attached Garages: The conversion of a single-family residential attached garage into living shall be 13 permitted subject to the following conditions and all other applicable regulations within the Village Code: 1) New garage space equal to or greater than the amount to be converted shall be provided. The new garage space shall provide sufficient space to park the same number of vehicles as exists in the garage space to be converted into living space; 2) The garage door that provides access to the area that i$ to.b~ cQnvertedinto living space shall be removed and replaced with exterior materials similariQ style and color to the home's exterior; and 3) The existing driveway which serves the garage area to be converted into living space shall be removed and a driveway serving the new garage shall be provided. SECTION 46: That 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 ,2004. Gerald L. Farley, Village President ATTEST: Velma Lowe, Village Clerk 14