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Home My WebLink About6. New Business 10/04/2011Village of Mount Prospect Community Development Department MEMORANDUM 1 ? TO: MICHAEL. E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 23, 2011 SUBJECT: PZ -22 -11 1999 N. ELMHURST ROAD 1 CASTO 1 RANDHURST VILLAGE 1 AMENDMENT TO PUD TO ALLOW DRIVE - THROUGH RESTAURANT The Petitioner was granted Conditional Use approval for a commercial Planned Unit Development (PUD) in 2008 (Ordinance No. 5705) for the redevelopment of the Randhurst Village Shopping Center. The Petitioner proposes to construct a new outlot building that will include a restaurant with drive - through lanes, and is seeking to modify the approved PUD to allow the new drive - through restaurant. Per the Petitioner's application, they possess a signed Letter of Intent with Panera Bread that is conditioned upon providing a drive - through for the restaurant. The Petitioner is submitting two site plans for consideration: Site Plans A and B. Site Plan A includes a full bypass lane for the entire length of the drive - through. Combined, the bypass lane and drive - through lane measure twenty (20) feet in width. The landscape area measures ten and one half (10.5) feet along Elmhurst Road. Site Plan B includes a fourteen (14) foot drive - through lane and sixteen and one half (16.5) feet landscape area along Elmhurst Road. The bypass lane is shown adjacent to the pick- up window on the south building elevation. Both plans meet the Village's requirement for parking lot setback along the west property line. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 22, 2011 and voted 4 -0 that the Village Board approve an Amendment to the Planned Unit Development granted in Ordinance No. 5705 for Randhurst Village to allow a drive- through restaurant along Elmhurst Road, as illustrated on Site Plan B as prepared by Woolpert, dated August 2011, subject to the conditions of approval as listed in the staff report. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 4, 2011 meeting. Staff will be present to answer any questions related to this matter. r J , ��_ - William J. Cooney, Al 11 nl1 hlh T%P1.LMPI ... in..% 7 nT— Cnk"PA7711115MFf Lf— dP7.97.I1949N FWhv Rn d.R..dh. V111An AMrMMMt1nPlRlld— Angell, Lisa From: Cooney, Bill Sent: Monday, September 26, 2011 9:54 AM To: Angell, Lisa Subject: FW: Follow Up Letter Attachments: PZ -22 -11 999 N. Elmhurst(Amendment to PUD &Sign Variations) Approve & Den ia1.docx For the Panera case. From: Rich Yaras [mailto:RYaras(�)castoinfo.coml Sent: Friday, September 23, 20113:13 PM To: Cooney, Bill Cc: Andrade, Consuelo Subject: FW: Follow Up Letter We would like to have the second village board meeting waived so that we can finalize this approval and have the lease signed with no outstanding issues. Thanks, Rich Richard Yaras CASTO F.! it �> www.castoinfo.com From: Andrade, Consuelo [ mailto :candradeCcDmountprospect.org] Sent: Friday, September 23, 20112:32 PM To: Rich Yaras Subject: Follow Up Letter Rich, Attached, please find the follow up letter to yesterday's Planning and Zoning meeting. You will find that the Variation request for the 35 sq.ft. menu board was approved after all. Please let me know if you have any questions. Thank you, Consuelo Consuelo Andrade I Development Review Planner I Village of Mount Prospect 50 S. Emerson St. I Mount Prospect, IL 60056 1 W: 847.818.5314 : 847.870. 6620 1 � /]: candrade c(D.mountprospect.orq A Please consider the environment before printing this e-mail This email has been scanned by the MessageLabs Email Security System. For more information please visit http: / /www.messa�),elabs.com /email MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -22 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: August 25, 2011 999 N. Elmhurst Road CLP /SPF Randhurst LLC, c/o Casto Lifestyle Properties August 10, 2011 Multiple Amendment to the Planned Unit Development to allow Drive - Through Restaurant Richard Rogers, Chair Joseph Donnelly Leo Floros Ronald Roberts Keith Youngquist Jacqueline Hinaber, Alternate William Beattie Theo Foggy Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Rich Yaras, Peter Bizoukas, Rachel Turner - Lauck, Jim Conroy Chairman Rogers called the meeting to order at 7:30 p.m. Mr. Donnelly made a motion, seconded by Mr. Youngquist to approve the minutes of the July 28, 2011 Planning & Zoning Commission meeting; the minutes were approved 5 -0 with Ms. Hinaber abstaining. After hearing two (2) previous cases, Chairman Rogers introduced Case PZ- 22 -11, 999 N. Elmhurst Road at 8:57 p.m. Ms. Andrade stated the Petitioner for PZ -22 -11 was seeking approval to amend the Planned Unit Development (PUD) to allow a drive- through restaurant at 999 N. Elmhurst Road. Ms. Andrade said the Petitioner was granted Conditional Use approval for a commercial Planned Unit Development in 2008 for the redevelopment of the Randhurst Village Shopping Center. The approved PUD placed a restriction on the number of drive through uses, which would be permitted for three (3) banking facilities and the Jewel -Osco pharmacy. Any additional drive - throughs required an amendment to the PUD to ensure the proposed use would not negatively impact the functionality of the property. The Petitioner proposed to construct a new outlot building that would include a restaurant with drive- through lanes; and was seeking to modify the approved PUD to allow the new drive- through restaurant. Per the Petitioner's application, they possess a signed Letter of Intent with a potential tenant that is conditional upon providing a drive- through for the restaurant. Ms. Andrade stated per the Petitioner's elevation drawings, the building would be constructed out of brick veneer and would include awnings and metal canopies. She showed pictures of the elevations for the Subject Property. Ms. Andrade said the west elevation required revisions to incorporate additional architectural interest and building materials. The Petitioner shall continue to work with Staff to refine the architecture of the building. Richard Rogers, Chair PZ -22 -1 I Planning & Zoning Commission Meeting August 25, 2011 Page I of 5 Ms. Andrade said the north and south building elevations would match the front fagade. The building would measure twenty -eight (28) feet in height. Ms. Andrade stated the drive- through restaurant would occupy 4,000 square feet of the proposed building. A single drive- through lane would wrap along the west building elevation and lead to a pick -up window located on the south building elevation. The drive- through exit lane would need to be redesigned to avoid conflict between vehicles leaving the drive- through lane and oncoming traffic. The existing driveway to the south of the proposed outlot building would be required to be reconfigured to be an exit only. The signage and pavement markings would need to be installed to allow for safe circulation and avoid traffic conflicts. Ms. Andrade said the landscape plan illustrated a mixture of plantings that included shade trees, ornamental trees, evergreen trees, shrubs, and perennials. The landscape plan would be required to be revised to include additional evergreen trees and shrubs along the west property line to screen the drive- through lane. Additional plantings would be required in the parking lot islands to provide a minimum fifty (50) percent of live coverage in each. Ms. Andrade stated the Petitioner's proposal for a drive- through restaurant was compatible with the approved PUD for Randhurst and the underlying zoning for the Subject Property. Staff felt the proposed drive - through is appropriate for the site and has been designed to limit any negative impacts on site circulation Ms. Andrade said based on Staffs analysis, Staff recommended approval of the motion Iisted in the Staff Report. The Village Board's decision would be final for this case. Chairman Rogers stated that he did not see a floor plan included with the Petitioner's proposal. He asked Staff if the proposed case was identical with a zoning request submitted previously by Panda Express at the Subject Property. Ms. Andrade stated that Staff was not familiar with the previous zoning case. Chairman Rogers said that Panda Express had submitted identical plans and the main objection was with the drive- through being on the Elmhurst Road side of the property versus being on the interior of the lot. Mr. Floros said the trees were an issue with the previous zoning case as well. Chairman Rogers said the menu boards that were included with the Petitioner's packet were huge. He wanted to clarify that the signs would need to conform to the Village Code. Ms. Andrade stated that Village Code only allows one (1) menu board for each drive- through. She said the Petitioner would have to apply for a Variation if they were to pursue a second menu board. Mr. Donnelly asked if there was any consideration to place the drive- through on the east (interior) side of the proposed building. Ms. Andrade said because of the overall circulation pattern for the shopping center, the drive - through lane was designed to run along Elmhurst Road with consideration of the parking lot and a new primary drive for the outlot buildings. Mr. Donnelly mentioned the possibility of redesigning entrance drives. Ms. Hinaber discussed the landscape plan and asked how much screening of the drive- through there would be. Ms. Andrade stated that as shown on the landscape plan along Elmhurst Road, the screening would include some ornamental trees, shade trees, evergreen shrubs, and evergreen trees. One of the conditions of approval is to install additional evergreen trees and plant materials. The additional screening would need to be added to the south property line. There was general discussion on how much screening would be needed before the trees would mature. Mr. Simmons stated the Village Code has a minimum size for what could be planted. The Code takes in effect that there would be additional screening as plant materials age. Mr. Simmons said the Petitioner's original renderings of the drive - through are not up to Code in regards to the landscaping. The Petitioner did update their drawings to show additional screening of the drive- through with more evergreen shrubs. Richard Rogers, Chair PZ -22 -1I Planning & Zoning Commission Meeting August 25, 2011 Page 2 of 5 Chairman Rogers swore in all parties that would be speaking on behalf of the Petitioner. He asked that each person provide their name and address when speaking. Rich Yaras of Casto Lifestyle Properties, 55 E. Euclid Avenue, Mouzn Prospect, Illinois provided a schedule for the Subject Property. Mr. Yaras stated that the drive - through needs to be counter- clockwise so the drive- through is on the driver's side. He discussed the proposed layout and queuing requirements. The Petitioner also had to consider parking and pedestrians when the drive- through was created. Mr. Yaras said there would be four (4) items included with the drive - through: a nine (9) foot clearance bar to keep truck traffic out of the proposed drive- through, a preview menu sign, a canopy where the speaker and microphone would be located, and the main drive- through menu board. He stated the proposed menu board is three (3) square feet larger than what the Village Code allows. The menu board is angled to the north and would not be a distraction to motorists on Elmhurst Road. Mr. Yaras said that they have revised their landscape plans based on comments from Village Staff. There are additional groupings of evergreens on the north and south side of the property along with the screening for the trash enclosure. Mr. Yaras said that they have complied with the fifty (50) percent requirement for landscaped islands. He stated additional landscaping would be added south of the Subject Property to help improve traffic circulation. Mr. Yaras stated the proposed tenant did want a bypass lane included with the drive- through; however, the Petitioner said that they only wanted a single lane to minimize the amount of pavement on the west side of the Subject Property and to allow a greater buffer for landscaping. The plan for the Subject Property is similar to what the Petitioner did with the Pei Wei building. Chairman Rogers asked if the building could be relocated or turned so the drive- through would come in the front of the building. Mr. Yaras stated there would be issues with circulation and parking if the drive- through was relocated. Chairman Rogers asked if the proposed building and parking lot could be swapped. Mr. Yaras said this may cause the proposed building to encroach on Bed, Bath, and Beyond's protected area where the building cannot be built in their parking lot. There was discussion regarding the Steak and Shake parcel and its setback and configuration from Euclid Road. There was discussion regarding a potential monument sign for the Subject Property and how that would affect the proposed landscaping. Mr. Yaras stated the landscaping was important. The Petitioner decided to add the additional landscaping rather than the bypass lane. Ms. Hinaber asked about the wait times in the drive- through for Panera's other drive- through locations. Peter Bizoukas of Panera Bread, 100 S. Geyer Road, St. Louis, Missouri stated that he is the operator of Panera's two (2) other drive- through stores in Northwest Indiana. He stated there is another drive- through in Naperville, Illinois that he does not operate. Mr. Bizoukas said their average wait time from when the order is placed until it is picked up is five (5) minutes. He stated the preview board helps speed up the process. There was additional discussion regarding the Panera drive- through process and operation. Mr. Bizoukas said Panera has just recently begun to introduce drive- through locations. He stated the Munster, Indiana location is very similar to the proposed zoning case with only one (I) lane in the drive- through. He said it is a very efficient drive- through with a small parking lot; there are no bottlenecks created by the drive- through. Mr. Bizoukas discussed how his preference would be to include a pass- through lane, but did not believe it would work at the Subject Property, Richard Rogers, Chair PZ -22 -11 PIanning & Zoning Commission Meeting August 25, 2011 Page 3 of 5 Mr. Roberts discussed the size of the proposed restaurant is 4,000 square feet; he wanted.to know how many people the inside dining room would hold. Rachel Turner -Lauck of Norr Limited, 325 N. LaSalle, Chicago, Illinois is the architect for Panera. She stated the current footprint would yield eighty (80) to 100 seats inside. It is smaller than what Panera has been building in the past, but would offer the same products and nothing would be lost due to the drive- through. Ms. Turner -Lauck said there would be additional seating outside as well on east side of the proposed building. Mr. Roberts asked what the Petitioner would envision going in the empty space that would be adjacent to Panera. Mr. Conroy of Casto Lifestyle Properties, 55 E. Euclid Avenue, Mount Prospect, Illinois stated that Casto would not be allowed to have an eating establishment in the other part of the building due to restrictions set forth by Bed, Bath, and Beyond. Any eatery larger than 4,000 square feet would affect Bed, Bath, and Beyond's parking area. Mr. Conroy stated the adjacent space would have to be retail. There was general discussion if the building could be designed to be skinnier or to not even allow the extra adjacent retail space. Mr. Yaras stated that it would be a lot more expensive to build a smaller building at a shallow depth; in addition, the Petitioner would like to have the additional tenants. He said the outlot buildings are popular sites on the Subject Property with the traffic counts. Mr. Yaras stated that he could look at ways of potentially developing a bypass lane that would extend further. Mr. Youngquist believed by making the building skinner on the western side would allow for the Petitioner to keep the landscaping and possibly allow.space for a bypass lane. There was additional discussion regarding the landscaping, drive - through, and proposed building. Mr. Roberts asked what the distance was between Elmhurst Road and the proposed drive- through. Mr. Simmons said it was approximately thirty (30) feet from back of curb to back of curb. Chairman Rogers asked if it would be possible to eliminate some of the landscaping along the west side of the proposed building allowing the Petitioner to bring the drive- through lane closer to the building. This would only mean that three (3) to five (5) feet would need to be removed from the west side of the building to allow enough room to create a bypass lane. Mr. Yaras said the landscaping and sidewalk on the west side of the building was a Panera requirement, but it could potentially be worked out. There was additional discussion regarding the potential for a bypass lane. Mr. Bizoukas stated there were no issues if part of the sidewalk was eliminated. He said the only reason a sidewalk was needed in back was for deliveries of food to the service door. There was discussion when deliveries would take place at the Subject Property. Mr. Bizoukas stated there would most likely be an overnight delivery where the truck would park in the drive- through lane. Chairman Rogers said there would be no need for a sidewalk if the deliveries were made overnight. He suggested if the Petitioner wanted to keep the drive- through lane on the west side of the building to heavily landscape the berm with trees tall enough to cover the menu boards. There was discussion on whether or not the menu boards could be reduced in size to show breakfast and Iunch. separately. Mr. Bizoukas stated the only item that Panera stops serving between breakfast and lunch is breakfast sandwiches. Everything else is available all day. Chairman Rogers stated there is a good chance that the size of the menu boards that the Petitioner currently has would not be approved; however, the menu boards are not part of the motion for the subject zoning case. Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting August 25, 2011 Page 4 of 5 There was discussion about the building proposed to the North of the subject building. Mr. Yaras stated that it is proposed outlot building N. Mr. Conroy stated that building N was approved as part of the PUD, but there are restrictions on the use of the building. He confirmed that Building N would not be a drive- through due to restrictions placed by Bed, Bath, and Beyond. Mr. Donnelly asked if the proposed Panera building be swapped with Building N. Mr. Conroy stated Building N would be more problematic for the drive- through due to the detention basin. He said there would be no drive behind Building N at all. Mr. Donnelly confirmed that Building N would be allowed a ground sign along Elmhurst Road as well. Mr. Donnelly confirmed with the Petitioner that he would be back at the September Planning and Zoning Meeting with a revised plan. Mr. Conroy explained the anchor tenants' restrictions and rights regarding proposed uses at the Randhurst Village property. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 9:46 p.m. and brought the discussion back to the board. Mr. Donnelly made a motion, seconded by Mr. Youngquist to continue Case Number PZ- 22 -11, 999 N. Elmhurst Road, to the September 22, 2011 Planning & Zoning Commission Meeting, UPON ROLL CALL: AYES: Donnelly, Floros, Hinaber, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6 -0 to continue the subject case. Mr. Donnelly made a motion, seconded by Mr. Roberts to adjourn at 9:47 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting August 25, 2011 Page 5 of 5 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -22 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTY: Hearing Date: September 22, 2011 999 N. EImhurst Road CLP /SPF Randhurst LLC, c/o Casto Lifestyle Properties August 10, 2011 Multiple Amendment to the Planned Unit Development (PUD) to allow Drive - Through Restaurant & Sign Variations Richard Rogers, Chair William Beattie Joseph Donnelly Jacqueline Hinaber, Alternate Leo Ftoros Theo Foggy Ronald Roberts Keith Youngquist Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Rich Yaras Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Donnelly made a motion, seconded by Ms. Hinaber to approve the minutes of the August 25, 2011 Planning & Zoning Commission meeting; the minutes were approved 3 -0 with Mr. Beattie abstaining. Chairman Rogers introduced Case PZ -22 -1 I, 999 N. Elmhurst Road at 7:32 p.m. Ms. Andrade said the Petitioner for PZ -22 -11 was seeking approval to amend the Planned Unit Development to allow a drive- through restaurant at 999 N. Elmhurst Road. This case appeared before the Planning and Zoning Commission on August 25, 2011, where it was continued to the September meeting for revisions to the site plan. Additionally, the Petitioner requested Variations to increase the number of permitted menu boards and increase the permitted area of a menu board. Ms. Andrade stated the Petitioner proposed to construct a new outlot building that would include a restaurant with drive- through lanes and was seeking to modify the approved PUD to allow the new drive - through restaurant. The Petitioner possesses a signed Letter of Intent with Panera Bread that is conditional upon providing a drive- through for the restaurant. Ms. Andrade said the Petitioner submitted two (2) site plans for consideration: Site Plan A included a full bypass lane for the entire length of the drive - through. Combined, the bypass lane and drive- through lane measure twenty (20) feet in width along Elmhurst Road. The landscape area measures ten and a half (10.5) feet along EImhurst Road. Ms. Andrade stated Site Plan B included a fourteen (14) foot drive- through lane and sixteen and a half (16.5) feet landscape area along Elmhurst Road. The bypass lane would be adjacent to the pick -up window on the south Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting September 22, 2011 Page 1 of 5 building elevation. Both site plans met the ViIlage's requirements for parking lot setback along the west property line. Ms. Andrade said the landscape plan for site plan A indicated a mixture of plantings that included shade trees, ornamental trees, evergreen trees, shrubs, grasses, and ground cover would be provided. The landscaping along Elmhurst Road included deciduous shrubs, shade trees, and four (4) groupings of six (6) foot tall evergreen trees. Ms. Andrade stated the landscape plan for site plan B would essentially provide the same type of plantings as in A, but more of them. Overall, twenty -six (26) more plantings would be provided than in landscape plan A. Along Elmhurst Road, the plan provided three (3) more extra evergreen shrubs and four (4) more extra deciduous shrubs than in landscape A. Ms. Andrade said per the Petitioner's elevation drawings, the building would be constructed out of brick veneer and would include awnings and metal canopies. She showed a slide that illustrated the proposed east building elevation which would be the front of the building. There was another image that represented the west building elevation which would front Elmhurst Avenue. The Petitioner shall continue to work with Staff to refine the architecture of the building. Ms. Andrade stated the north and south building elevations would match the style and building material as in the front facade. The building would measure twenty -eight (28) feet in height. Ms. Andrade said the Petitioner proposed to install two (2) menu boards for the drive- through lane when the Sign Code permits only one (1) menu board for a drive- through restaurant. The sign package illustrated a principal menu board that would display Pancra's complete menu and a preview board that would display specific breakfast, lunch, and drink items. Ms. Andrade referenced the following table: The table compared the Village sign regulations with the proposed signs. As proposed, the principal menu board measured approximately thirty-five (35) square feet when the Sign Code limits the area to thirty -two (32) square feet. Combined the two (2) signs would provide approximately fifty -five (55) square feet of sign area. The Petitioner was seeking Variations to allow two (2) menu boards and increase the sign area for the principal menu board. Ms. Andrade stated the required findings for sign variations are contained in Section 7.725 of the Village of Mount Prospect Sign Code. The section contains specific findings that must be made in order to approve a variation which include: a hardship created by unique circumstances and not serving as a convenience to the petitioner, The variation not being materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood; and The variation not impairing visibility to the adjacent property, increasing the danger of traffic problems or endangering the public safety Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting September 22, 2011 Page 2 of 5 Ms. Andrade said per the Petitioner, the second menu board was needed to better facilitate the drive- through queuing. The Panera drive- through concept is new to the area, and the preview menu board would help speed the drive- through service. The Petitioner also noted that the increase in the allowable square footage for the principal menu board was needed to allow the installation of the typical thirty-five (35) square foot menu board, which includes the complete menu. Panera's complete menu is available all day, and Panera does not rotate the menu sign panels throughout the day. Ms. Andrade stated Staff can appreciate the Petitioner's desire to install a preview board to facilitate drive - through queuing; it does not constitute a hardship and would serve as a convenience to the Petitioner. The development's characteristic of one (1) drive- through lane is not unique and does not warrant an additional menu board. Other fast -food restaurants with one (1) drive- through lane in the Village currently operate with one menu board. The Petitioner's request to increase the area of the principal menu board would also serve as a convenience as the proposed sign is Panera's typical menu board currently used in other locations. The allowable signage, including wall signs, a menu board, and directional signs, for Panera would reasonably identify the business. Ms. Andrade said based on Staff's review of the Petitioner's request to amend the PIanned Unit Development to allow a drive - through restaurant, Staff recommended approval of an Amendment to the Planned Unit Development granted in Ordinance No. 5705 for Randhurst Village to allow a drive- through restaurant along Elmhurst Road, subject to the conditions listed in the Staff Report. The Village Board's decision for this request is final. Ms. Andrade stated based on Staff s review of the proposed signs, Staff recommended that the Planning & Zoning Commission deny the Variation requests to increase the number of menu boards and to increase the area of the principal menu board. The Planning and Zoning Commission's decision for the sign requests are final. Chairman Rogers confirmed with Staff that Plan A and Plan B of the proposed drive- through were up for discussion. Ms. Andrade stated that the Planning and Zoning Commission could make a recommendation on either plan with modifications. Mr. Simmons said Staff would recommend Plan B to the Commission. Mr. Beattie asked if there were any other drive- throughs in the Village that had more than one (1) menu board. Ms. Andrade responded she was not aware of any other drive- through in the Village with multiple menu boards, and if they do exist they are considered non - conforming. Chairman Rogers added that they had not approved more than one (1) menu board. There was discussion about the possibility of other drive - throughs having non- conforming preview boards. Chairman Rogers swore in Rich Yaras of Casto, 55 E. Euclid Avenue, Mount Prospect, Illinois. Mr. Yaras discussed both plans that were presented to the Commission. He preferred the option (Plan A) with the bypass lane to address the Commission's concerns regarding wait times He mentioned that he would continue to work with Staff regarding landscaping if need be. There was additional discussion regarding the need and purpose of the bypass lane. Mr. Donnelly asked if there was consideration to place the menu board along the north side of the proposed building. Mr. Yaras said by placing the menu board on the north side would affect the drive- through queuing and the parking Iot traffic. There was additional discussion regarding the parking Iot layout. Mr. Donnelly preferred that the menu board not face the street and the neighbors across the way. Mr. Yaras stated that the signs would be on a thirty (30) degree angle and the neighbors' properties across the way are heavily wooded. Mr. Donnelly compared the Subject Case to the drive- through at Wolf and Euclid Roads. Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting September 22, 2011 Page 3 of 5 There was discussion regarding the four (4) handicap spaces on the north side of the proposed building. Mr. Donnelly wanted to see the north side of the property dedicated to the drive- through only. Ms. Hinaber thought the handicap spaces would create issues with the drive - through traffic. Mr. Yaras said that he could look at placing the handicap spaces on the east side of the proposed building, but it was not preferred. There was discussion regarding the traffic flow on site and the preview board. Mr. Donnelly stated that he did not see changes made from the last meeting. Mr. Yaras said the biggest concerns were with wait times and the lack of a double bypass lane. He stated Plan A allows for the bypass lane throughout the drive - through and it maximizes the landscaping. Mr. Yaras stated the drive- through lane has been shifted as close to the building as possible. Mr. Yaras discussed the proposed timeline schedule for the project. Mr. Donnelly asked why there were different sizes listed for the preview board. Ms. Andrade stated that the Petitioner may have calculated the. area incorrectly. She said Staff calculates the square footage of the sign by boxing in the area that includes either the logo, business name, or items. Mr. Yaras confirmed that Panera's logo was not included with his calculations of the area. Mr. Donnelly asked the Petitioner what hardships necessitate the preview board. Mr. Yaras said the preview sign would reduce wait times as Panera is not a typical fast food restaurant. He discussed the variety of items that the restaurant serves. There was general discussion whether or not the preview sign would decrease wait times at the drive - through. Chairman Rogers did not see a need for two (2) menu boards. He stated that the compromise could be one (1) menu board at thirty-five (35) square feet. This would be three (3) feet above what the Code allows. Chairman Rogers asked if the six (6) foot tall evergreens could be eight (8) feet tall; to ensure that the menu board is covered. Mr. Yaras had no objections to installing eight (8) foot tall evergreens to cover the menu board. Chairman Rogers discussed the two (2) drive- through options. He preferred the building and drive - through traffic to be located further away from Elmhurst Road. He asked the Petitioner if there was going to be a berm along Elmhurst Road. Mr. Yaras said there would be a berm only a couple of feet high. Mr. Yaras believed that if there was not going to be a bypass lane, then the preview board was warranted. Mr. Beattie stated that he did not understand how a preview board one (1) car length away from the menu board would reduce wait times. There was discussion regarding other Panera restaurants with drive - throughs and their wait times. Mr. Donnelly stated that if the Panera logo was removed from the menu board and replaced with menu items; this could allow the menu board to meet the Village Code. Mr. Yaras stated that the menu board is Panera's prototype and he did not know if the logo was removed how it would affect them. There was discussion regarding lighting along the drive- through and west side of the Subject Property, Mr. Yaras showed pictures of another Panera drive- through to illustrate how the preview and menu boards would look. There was additional discussion regarding the drive- through, outdoor seating, preview board, and lighting. Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting September 22, 2011 Page 4 of 5 Mr. Donnelly asked Staff if the drive- through queuing requirements were. based on how fast a restaurant is able to make food. Mr. Simmons said there are minimum requirements based on the number of stacking spaces allowed for a drive- through. The number is based on numerous traffic studies of fast food restaurants nationwide. Mr. Simmons stated there are no requirements based on how fast a restaurant turns around food. Chairman Rogers confirmed with Staff that the Village requires eight (8) stacking spaces for a drive- through restaurant. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 8:17 p.m, and brought the discussion back to the board. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve a Variation request to increase the number of menu boards from one (1) to two (2). UPON ROLL CALL: AYES: None NAYS: Beattie, Donnelly, Hinaber, Rogers Motion was denied 4 -0. The Planning and Zoning Commission's decision was final for this motion. Mr. Beattie made a motion, seconded by Mr. Donnelly to approve a Variation request to increase the area of the principal menu board from thirty -two (32) square feet to thirty-five (35) square feet. UPON ROLL CALL: AYES: Beattie, Hinaber, Rogers NAYS: Donnelly Motion was approved 3 -1. The Planning and Zoning Commission's decision was final for this motion. There was discussion regarding the drive- through lane. Mr. Donnelly asked if the drive - through lane could be less than fourteen (14) feet. Chairman Rogers stated that the lane could be reduced to twelve (12) feet. Mr. Simmons said that the ViIlage's Engineering Division reviewed the proposed drive - through and recommended the lane being at least fourteen (14) feet. Chairman Rogers asked the Petitioner if he could live with twelve (12) feet instead of fourteen (14) feet. Mr. Yaras stated that he would defer to Engineering's comments and keep it at fourteen (14) feet. Mr. Beattie made a motion, seconded by Mr. Beattie to approve an amendment to the Planned Unit Development granted in Ordinance No. 5705 for Randhurst Village to allow a drive- through restaurant along Elmhurst Road, as illustrated on Site Plan B as prepared by Woolpert, dated August 2011, subject to the conditions of approval as listed in the staff report. UPON ROLL CALL: AYES: Beattie, Donnelly, Hinaber, Rogers NAYS: None Motion was approved 4 -0. The Village Board's decision is final for this motion. After hearing one (1) additional case, Mr. Donnelly made a motion, seconded by Mr. Roberts to adjourn at 8:28 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -22 -11 Planning & Zoning Commission Meeting September 22, 2011 Page 5 of 5 l r Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -22 -11 LOCATION: 999 N. Elmhurst Road PETITIONER: CLP /SPF Randhurst LLC, c/o Casto Lifestyle Properties OWNER: Same as Petitioner PARCEL #: Multiple LOT SIZE: 99.9 acres ZONING: B -3 Community Shopping PUD LAND USE: Commercial - Randhurst Village Shopping Center REQUEST: Amendment to the PUD to allow Drive - Through Restaurant LOCATION MAP Subject Property a Copyrght (c� Village of W. R ia!7ct, [ o �■ �aa�t Village of Mount Prospect Community Development Department MEMORANDUM F1m0X9PeWM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: AUGUST 11, 2011 HEARING DATE: AUGUST 25, 2011 SUBJECT: PZ -22 -11 / 999 N. ELMHURST ROAD / RANDHURST VILLAGE / AMENDMENT TO PUD TO ALLOW DRIVE- THROUGH RESTAURANT BACKGROUND A public hearing has been scheduled for the August 25, 2011 Planning & Zoning Commission meeting to review the application by Casto Lifestyle Properties (the "Petitioner"), regarding the property located at 999 N. Elmhurst Road known as the Randhurst Village Shopping Center. The Petitioner is seeking approval to amend the Planned Unit Development to allow a drive- through restaurant. The P &Z Commission hearing was properly noticed in the August 10, 2011 edition of the Journal Topics Newspaper. In addition, the Petitioner has completed the required written notice to property owners within 250 -feet and Staff has posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located northeast of the intersection of Rand Road and Elmhurst Road, and is generally bounded by Euclid Avenue, Elmhurst Road, Kensington Road, and the Boxwood residential development. The property is currently under construction for the Randhurst Village Planned Unit Development (PUD). The Subject property is zoned B -3 Community Shopping, and is primarily bordered by the R X Single Family District to the east and west, B -3 Community Shopping District to the south, and single family residential in the Village of Prospect Heights to the north. 405 10 0 —14 The Petitioner was granted Conditional Use approval for a commercial Planned Unit Development (PUD) in 2008 (Ordinance No. 5705) for the redevelopment of the Randhurst Village Shopping Center. The approved PUD allowed for drive through facilities for three banking facilities and for the Jewel -Osco pharmacy. The Petitioner proposes to construct a new outlot building that will include a restaurant with drive - through lanes, and is seeking to modify the approved PUD to allow the new drive - through restaurant. Per the Petitioner's application, they possess a signed Letter of Intent with a potential tenant that is conditional upon providing a drive- through for the restaurant. Site Plan Per the Petitioner's site plan, a new outlot building would be constructed along Elmhurst Road, just north of the outlot building currently occupied by the Pei Wei restaurant. The new outlot building would measure h PZ -22 -11 Planning & Zoning Commission meeting August 25, 2011 Page 3 approximately 7,000 square feet and�anclude three (3) tenant units. The drive through restaurant_ would occupy the southern unit and take up 4,000 square feet. A single drive - through lane would wrap along the west building elevation and lead to a pick -up window located on the south building elevation. As shown, the drive - through exit lane will need to be redesigned to avoid conflict between vehicles leaving the drive- through lane and oncoming traffic. The existing driveway to the south of the proposed outlot building will be required to be reconfigured to be an exit only. In addition, signage and pavement markings will need to be installed to allow for safe circulation and avoid traffic conflicts. Access to the outlot building will be provided via the existing access drives to the shopping center located along Elmhurst Road. The site plan also indicates an outdoor patio for the drive - through restaurant. A minimum of five (5) foot clearance will be required for sidewalk. Buildine Desi The Petitioner submitted conceptual elevation drawings for the proposed building and notes that building materials will be consistent with the rest of the development. The building would be constructed out of brick veneer and will include awnings and metal canopies. The building would measure twenty eight (28) feet in height. Revisions to the building elevations will be required to ensure the design is consistent with the rest of the development. In particular, revisions to the west building elevation (fronting Elmhurst Rd.) will be required to incorporate additional architectural interest and building materials. The Petitioner shall continue to work with staff to refine the architecture of the building. Landscape Plan The attached landscape plan details the proposed plant materials and sizes. As shown, the landscaping would consist of a mixture of plantings, including shade trees, ornamental trees, evergreen trees, shrubs, and perennials. The landscape plan will be required to be revised to include additional evergreen trees and shrubs along the west property line to screen the drive- through lane. The parking lot islands are shown with one shade tree. Additional plantings will be required in the parking lot islands to provide a minimum fifty (50 %) of live coverage in each. Si nage The attached sign package illustrates the proposed signs for the drive- through restaurant. As proposed, the number of menu boards exceeds the number permitted by the Village Sign Code. The sign package illustrates a preview board and a primary menu board for the drive - through lane, when the Sign Code permits only one menu board for a drive - through restaurant. In addition, the primary menu board exceeds the maximum area permitted by approximately three (3) square feet. The principal menu board measures approximately thirty five (3 5) square feet when the Sign Code limits the area to thirty two (32) square feet. The Petitioner has not requested relief from the sign regulations and will be required to comply with the Village's regulations. A thorough review of the proposal will be performed as part of the building permit process. Additional comments may be generated at that time. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14,2031.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; PZ -22 -11 Planning & Zoning Commission meeting August 25, 2011 + The Conditional Use will not be injurious to the use, enjoyment, vicinity or impede the orderly development of those properties; + Adequate provision of utilities, drainage, and design of access and Village streets; and Page 4 or value of other properties in the egress to minimize congestion on The proposed drive- through lanes meet the standards for a Conditional Use. The Petitioner's proposal is compatible with the approved PUD for Randhurst and the underlying zoning for the Subject Property. The drive - through lanes have been designed to be located on the west side of the building to minimize traffic conflicts with the parking lot traffic. The Petitioner will be required to modify the drive - through exit lane to ensure safe traffic circulation. Access to the drive-tbrough restaurant would be provided via existing access drives to the shopping center. RECOMMENDATION Based on the above analysis, Staff recommends the Planning & Zoning Commission approVe the following motion: "To Approve: 1. An Amendment to the Planned Unit Development granted in Ordinance No. 5705 for Randhurst Village to allow a drive - through restaurant along Elmhurst Road, subject to the following conditions of approval: a. Development of the site in general accordance with the site plan submitted. b. Development of the building in accordance with the elevations prepared by Camburas & Theodore dated August 1, 2011, but revised to address staff comments. c. Development of the site in general accordance with the landscape plan prepared by Woolpert, but revised to address staff comments. d. Compliance will all Development, Fire, Building, and other Village Codes and regulations, which include but is not limited to installing automatic sprinklers and fire alarm, and signage that meet the Village Sign Code regulations. The Village Board's decision is final for this case. I concur: r . . t, William I C ney, AICP, ector of Community Development At I4 N7PLat d" do Zoning CO, M &Z 201 M mff RepoMT2 -20-11 999 N. Plmhmst Road owdh= VLUage Amendment of511 far signa}.d= July 7, 2011 Brian Simmons Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: Drive Thru 1065 -1069 N. Elmhurst Road Randhurst Village Dear Brian, We currently have a signed Letter of Intent with a tenant which is conditional upon providing a drive thru at the 1065 -1069 N. Elmhurst Road outlot building. Our drawings are still conceptual in nature, but they contain detailed information.on the drive -thru location and menu boards. The following items are included with the submittal in preparation for the upcoming August 25 Planning and Zoning meeting and subsequent Village Board meetings: 1. Overall site plan indicating the location of the outlot building and Panera's space. 2. Conceptual landscape plan. 3. Enlarged conceptual site plan. 4. Drive thru equipment details- 9 pages. 5. Conceptual prototype building elevations provided by the tenant to be modified and developed to fit the site conditions and to be consistent with the rest of the center. Thank you, Richard Yaras Cast Lifestyle Properties CC: Jim Conroy — Casto VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 M Zoning Request Application z Case Number P &Z - - E Q Development Name/Address c O� Date of Submission z �E A Hearing Date z ZONING REQUEST (s): ❑ Conditional Use for ❑ Zoning Map Amendment: From to ❑ Variation from Sec. ❑ Text Amendment: Section(s) (Office Only) 1, Other: _A C)RCVT H • P & Z Final ❑ "e/ • Village Board Final ❑ �+� T 1 L� p • 4r a SUMMARTY OF REQUESTED ACTION: �� V ��lU — TNT V z �_ 1t-V5- hJ. V L – MM'Pesr Ar r�tgo f'CUrS -ryy tAG, . ivlount rrospect vepanment or community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org I TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect,org 2 TDD 847.392.6064 Propqty owner same as a2plicant i 'Name Telephone (day) o It 9ANN afvie__-T a I✓ f2 LGU Sq. Ft. Devoted to Proposed H O Corporation Telephone (evening) P?0 1 L h1AyG &A' 7 /69F 4 F_A.1r W 4w r57 G a U O o S t Address Fax Front Rear Side Side O City State Zip Code Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect,org 2 TDD 847.392.6064 Address(es) (Street Number, Street) f e Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed A P?0 1 L h1AyG &A' 7 /69F 4 F_A.1r W 4w r57 Use .] Setbacks: _ PSy�!'�t LAS Sc,�iR/Gi Ta Z Front Rear Side Side O F Hours of Operation g : oa I SM 0tw Two �hmy)" Building Height Lot Coverage ( %} Standard Parking Spaces Accessible Parking Spaces Adjacent Land Uses: North South East West W f~ GO 0 Property Index Number(s): — — -- -- -_ _ (attach additional sheets if necessary) — — W Legal Description (attach addition-al sheets if necessary) 60 Lb Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect,org 2 TDD 847.392.6064 Proposed Use (as listed in the zoning district) f e De in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) A P?0 1 L h1AyG &A' 7 /69F 4 F_A.1r W 4w r57 d _ PSy�!'�t LAS Sc,�iR/Gi Ta Z S u �flG( I 1121 VF - Iry ae U aVk►v G 7U AeoV E�C(.f 71A U 50 v4tc, Q e yH-pq witc, 1wor Apve'�� Hours of Operation g : oa I SM 0tw Two �hmy)" Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect,org 2 TDD 847.392.6064 w z Address(es) (Street Number, Street) 1 ,965 - - 1069 N. �sT p d Lot Area (Sq.ft) Zoning District Total Building Sq. Ft. Sq, Ft. Devoted to Proposed Use Setbacks: Ow Front Rear Side Side A Building Height Lot Coverage ( %} Standard Parking Spaces Accessible Parking Spaces I N- Developer Name Telephone (day) 9— D 5 - 2 ) 4) Fax 07 - 7< -' o2as Email f - q 'q re 5 6) am im iu Address ^ �f . y" lO &e = � Or Pew o p pro o MO a6 A � G c C�7 > Attorney Name Telephone (day) Fax Email Address q d F4 Surveyor Name Telephone (day) Fax Email Address Engineer Name Telephone (day) Fax Email Address Architect Name Telephone (day) Fax Email Address Landscape Architect Name wpm Telephone (day) Fax 3 731 II c Email T, M. r �o �— Address ' 615 �• ►� r QAV Za 60MI Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 9s%. 4 � ' i Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division, Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property, I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date (signature) Print Name If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supportm al. l Property Own r Date Print Name v !h 14 A;' t �, Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 4 TDD 847.392.6064 I F tAxel PANERA L °1 I.NRI •D IS 0 PAI�ERA AVAILABLE g 4 000 SF 2,965 SF a^ (s7nW nW Itlur � s Id1PNN a .. L PTib s fIW �wS� LANDSCAPE NOTES: LANDSCAPE REQUIREMENTS: FEAVr swum. E DDNFORN lD — umurAN .smc — o Nwsax . Mm xsal, WDREM dcxr r laEp a ec vnnruo w . mlx hs E¢De a isece ,u uwxxn SR[ DMIORIgt Rpµa{S MF.a4 snlpt lttE RIMF W M4v SIWl 8E DWED MD SODDED w E +mll M.k x. 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PY-bP'G3 ----------- 2.625' -r� "W 4C�,.14 7 'RIPPLEX CONNNSED REGULAR, 2M LCTThR SPACING APPROVALS CLEARANCE BAR SIGN I CALF 3` -O' 3 try° ELa N t PRIDVIEVV SI GN FRAME - ELEVATION SCALE- 7 9 -[' -UM FILLER Av €1';AY .ALL =; r''_: %G �3 4 7 NR E ADAND HOO..", 4' EXP03EID FROM CONC-R -SEES >_ _� R HOLE \SIGN BASE MOUNTING DETAH S- PUAN Vic SCALE -O f F .,_, § - - II L> -P F- EW SIGN -a. MER"LLYILLUMINATEOSIENWBH PAM BAp16 OLMN PR D O BLVD TPP. 7SS.F.a19Sf.BTBOIIS'lGG9F 1ST. S. BRENT MD O 144 1725Sf. TOTALBIIILNNG Sl6NAGE ST. LOUIS. 3- 100 N•.p,pF� (314) B33 -7100 GOOSENEp4 W __ -- ____.. AWMNG TYP I 6F914i� 4CGFi6J r — D PROPOSED MIRY EAST (LEFT SIDE) ELEVATION NORTH (FRONT) ELEVATION LOTS r ao INTERNALLY ILLUMNATEUSIONWITH PANTBAOMXJNOPB CXSIr 0005MECK UGHY I72SSf.TOTALeNLBV1G MGWGE __ RMRETYP. AWNNGIYP. C }SyygNA - Js _ — �wcncawr.w PROPOSM - — — — EAST (LEFT SIDE) ELEVATION WEST (RIGHT SIDE) ELEVATION °z o � CailG►�PT`uo�,. ��TZi'7'�P� �pr�r��[S r�.'IC: S. � �� Village of Mount Prospect Community Development Department MEMORANDUM M3 FROM: DATE: HEARING DATE: SUBJECT: is • �' {eTZ�li1►1 F MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER SEPTEMBER 12, 2011 SEPTEMBER 22, 2011 PZ -22 -11 / 999 N. ELMHURST ROAD / RANDHURST VILLAGE 1 AMENDMENT TO PUD TO ALLOW DRIVE - THROUGH RESTAURANT & SIGN VARIATIONS This memo is intended to supplement the staff report prepared for Case# PZ- 22 -10, regarding the request to amend the Planned Unit Development to allow a drive- through restaurant for the potential tenant, Panera Bread. The case appeared before the Planning and Zoning Commission on August 25, 2011, where it was continued to September's meeting for revisions to the site plan. The Petitioner is submitting two site plans for consideration: Site Plans A and B. Additionally, the Petitioner is requesting Variations to increase the number of permitted menu boards and increase the permitted area of a menu board. The attached site plans provide two options for the drive - through design. Site Plan A includes a full bypass lane for the entire length of the drive - through. Combined, the bypass lane and drive - through lane measure twenty (20) feet in width. The landscape area measures ten and one half (10.5) feet along Elmhurst Road. Site Plan B includes a fourteen (14) foot drive - through lane and sixteen and one half (16.5) feet landscape area along Elmhurst Road. The bypass lane is shown adjacent to the pick -up window on the south building elevation. Both plans meet the Village's requirements for parking lot setback along the west property line. The landscape plans indicate a mixture of plantings, including shade trees, ornamental trees, evergreen trees, shrubs, grasses, and ground cover would be provided. The landscaping along Elmhurst Road would include deciduous shrubs, shade trees, and four (4) groupings of six (6) foot tall evergreen trees. As listed in the staff report dated, August 11, 2011, Staff recommends the Planning & Zoning Commission aanrove the following motion: "To Approve: 1. An Amendment to the Planned Unit Development granted in Ordinance No. 5705 for Randhurst Village to allow a drive - through restaurant along Elmhurst Road, subject to the following conditions of approval: a. Development of the site in general accordance with the site plan submitted. b. Development of the building in accordance with the elevations prepared by Camburas & Theodore dated August 1, 2011, but revised to address staff comments. c. Development of the site in general accordance with the landscape plan prepared by Woolpert, but revised to address staff comments. PZ -22 -11 Supplement Planning & Zoning Commission meeting September 22, 2011 Page 2 d. Compliance with all Development, Fire, Building, and other Village Codes and regulations, which include but is not limited to installing automatic sprinklers and fire alarm, and signage that meet the Village Sign Code regulations." The Village Board's decision is final for the amendment to the PUD request. In regards to signage, the Petitioner proposes to install two menu boards for the drive - through lane when the Sign Code permits only one menu board for a drive - through restaurant. The sign package illustrates a principal menu board that would display Panera's complete menu and a preview board that would display specific breakfast, lunch, and drink items. As shown, the principal menu board exceeds the maximum area permitted by approximately three (3) square. feet. The principal menu board measures approximately thirty five (35) square feet when the Sign Code limits the area to thirty two (32) square feet. The Petitioner is seeking Variations to allow two menu boards and increase the sign area for the principal menu board. Combined the two (2) signs would provide approximately fifty -five (55) square feet of sign area. The following table compares the Village sign regulations with the proposed signs: SIGN VARIATION STANDARDS Required findings for sign variations are contained in Section 7.725 of the Village of Mount Prospect_ Sign. Code. The section contains specific findings, listed below, that must be made in order to approve a variation. • The sign allowed under code regulations will not reasonably identify the business; • The hardship is created by unique circumstances and not serve as a convenience to the petitioner, and is not created by the person presently having an interest in the sign or property; • The variation will not be materially detrimental to the public welfare or injurious to .other property or improvements in the neighborhood; and • The variation will not impair visibility to the adjacent property, increase the danger of traffic problems or endanger the public safety, or alter the essential character of the neighborhood; and be in harmony with the spirit and intent of this Chapter. Per the Petitioner, the second menu board is needed to better facilitate the drive - through queuing. The Panera drive - through concept is new to the area, and the preview menu board will help speed the drive- through service. The Petitioner also notes that the increase in the allowable square footage for the principal menu board is needed to allow the installation of the typical thirty five (35) square foot menu board, which includes the complete menu. Panera's complete menu is available all day, and Panera does not rotate the menu sign panels throughout the day. Although staff can appreciate the Petitioner's desire to install a preview board to facilitate drive - through queuing, it does not constitute a hardship and would serve as a convenience to the Petitioner. The development's characteristic of one drive - through lane is not unique and does not warrant an additional menu hoard. Other fast - food restaurants with one drive - through lane in the Village currently operate with one menu board. The Petitioner's request to increase the area of the principal menu board will also serve as a convenience as the proposed sign is Panera's typical menu board currently used in other locations. The allowable signage, including wall signs, a menu board, and directional signs, for Panera will reasonably identify the business. PZ -22 -11 Supplement Planning & Zoning Commission meeting September 22, 2011 Page 3 Based on the Staff's review of the proposed signs, Staff recommends that the Planning & Zoning Commission deny the following motions: "To approve: 1. A Variation request to increase the number of menu boards from one to two; and 2. A Variation request to increase the area of the principal menu board from thirty two (32) square feet to thirty five (35) square feet, as shown on the attached exhibits." The Planning & Zoning Commission's decision is final for this sign requests. I concur: 111■U ' Wv William J, ooney, AICP Director of Community D eIopment Odo eats a ndsetsingO =nftdctidewVpz- 22- 119992 dmha load(wdhurst village- amendmcnt cfpud .0 var - n nagOsupplemcatd— September 9, 2011 Brian Simmons Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: Drive Thru 1065 -1069 N. Elmhurst Road Randhurst Village Dear Brian, As a follow up to the August 25 Planning and Zoning meeting, we have revised the proposed site plan to include a full bypass lane for the length of the drive -thru, and we have provided additional landscape screening in the form of four groupings of 6' evergreens in strategic locations along Elmhurst Drive. In addition, the site has been redesigned to include a large landscape island to the south of the building which will screen drive -thru traffic from northbound traffic on Elmhurst Road. This island also serves the purpose of separating the parking lot traffic from the drive thru traffic. The goals of the revised site plan are to address potential concerns with wait times, provide a well- designed site acceptable to engineering, and providing substantial screening of the cars, headlights, and drive -thru equipment. The following items are included with the submittal in preparation for the upcoming September 22 Planning and Zoning meeting and subsequent Village Board meetings: 1. Dimensioned site plan for Option A (a drive thru land and a bypass lane throughout). 2. Dimensioned site plan for Option B (a bypass lane at the drive thru window on the south side only). 3. Landscape plan for Option A (a drive thru land and a bypass lane throughout). 4. Landscape plan for Option B (a bypass lane at the drive thru window on the south side only). 5. A conceptual interior layout from Panera for reference only. Please feel free to contact me with any questions or if you need any additional information.. 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LLC 1530 5, Geyer Rd_, IOD (714} 384— ]6 o L ORDINANCE NO. AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THAT CONDITIONAL USE FOUND IN ORDINANCE NO. 5705 FOR THE RANDHURST VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR A DRIVE - THROUGH RESTAURANT FOR PROPERTY LOCATED AT 999 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, The President and Board of Trustees of the Village of Mount Prospect passed and approved Ordinance No. 5705 on August 19, 2008, the Ordinance granted a Conditional Use permit for a Planned Unit Development (Randhurst Village Commercial Planned Unit Development (PUD), certain Variations and a Special Use for Signage for Property located at 999 North Elmhurst Road ( "Property "); and WHEREAS, Casto Lifestyle Properties ( "Petitioner "), has filed a petition to amend the Planned Unit Development (PUD) with respect to property located at 999 North Elmhurst Road ( "Property ") and legally described as: Parcel 1: Lots 1 and 2 (excepting from said lot one that part taken by Department of Transportation State of Illinois in Case No 871-51078 and also excepting from said Lot One that part conveyed to the people of the State of Illinois Department of Transportation pursuant to that certain quit claim deed recorded September 29, 1995 as document No. 95664230) in Randhurst Center Resubdivision — No.1 being a Resubdivision of Lot One in Randhurst Center, being a subdivision of part of the southeast 1 /4of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County Illinois according to the plat of said Randhurst Center Resubdivision —No.1 recorded July 24 1987 in the office of the Recorder of Deeds of Cook County Illinois as Document No. 87408581 and registered in the office of the Registrar of Title of said office of the Registrar of Titles of said County as document No LR3637429. Parcel 2: Lot 3 in Randhurst Center Resubdivision- No.1 being a Resubdivision of Lot One in Randhurst Center being a subdivision of part of the Southeast 1 /4 of Section 27 Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois according to the Plat of said Randhurst Center Resubdivision —No. 1 recorded July 24,1987 in the Office of the Recorder of Deeds of Cook County, Illinois as Document No. 87408581 and registered in the office of the Registrar of Titles of said County as document No. LR3637429. Parcel 3: North 70 feet of the West 70 feet of the South 120 feet of the East 1/2 of the Southeast 1/4 of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County Illinois. Property Index Number(s) 03 -27- 401 - 040 / 261/262/264/265 /267/268/269/270 03 -27- 401 -271; and WHEREAS, the "Petitioner" seeks approval to amend the Planned Unit Development (PUD) to allow a drive - through restaurant as shown on the Petitioner's exhibit as prepared by Woolpert, dated August, 2011 and attached as Exhibit "A "; and WHEREAS, a Public Hearing was held on the request to amend the Planned Unit Development (PUD) being the subject of PZ -22 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22 day of September, 2011, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10 day of August, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 22 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the request to amend the Planned Unit Development (PUD) to allow a drive - through restaurant along Elmhurst Road meets the standards of the Village and that the granting of the requests would be in the best interest of the Village. Page 2/2 PZ -22 -11 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE The recitals set forth above are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO An amendment to the Planned Unit Development (PUD) granted in Ordinance No. 5705 for Randhurst Village to allow a drive - through restaurant along Elmhurst Road at property located at 999 North Elmhurst Road subject to the following conditions of approval: 1) Development of the site in general accordance with the site plan submitted; 2) Development of the building in accordance with the elevations prepared by Camburas and Theodore date August 1, 2011, but revised to address staff comments. 3) Development of the site in general accordance with the landscape plan prepared by Woolpert, buts revised to address staff comments. 4) Compliance with all Development, Fire, Building and other Village Codes and regulations, which include but not limited to installing automatic sprinklers and fire alarm and signage that meets the Village Sign Code regulations. SECTION THREE The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of October 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 29, 2011 SUBJECT: ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE REGARDING BUSINESS DISTRICT RETAILERS' OCCUPATION AND SERVICE OCCUPATION TAXES FOR BUSINESS DISTRICT NO. 1 In December 2009, the Village Board approved the establishment of the Randhurst Business Improvement District to fund a portion of the $200 million project. Ordinances establishing a business district sales tax and entertainment tax along with an increase to the hotel /motel tax rate were also approved to support funding for the project. Documentation to establish the Business District sales tax was submitted to the Illinois Department of Revenue (IDOR) for review. Requirements to put the business district tax in place have been met, but the IDOR has asked that certain amendments be made to the code to be in full compliance with state statute. Amendments to the code include the following: • Business District tax imposed under the authority of Business District Development and Redevelopment Law (65 ILCS 5/11 - 74.3 -1) • Qualifying food and drug items excluded from tax • Tax limited to within business district area, not village -wide • Stated rate for Service Occupation Tax equal to 0.25% of selling price of item • State effective date of January 1, 2012 In order to implement the business district sales tax effective January 1, 2012 we must return a certified copy of the amending ordinance no later than October 14, 2011. Please forward this memorandum and ordinance to the Village Board for their review and consideration at the October 4 Board meeting. Staff will be present at that meeting to discuss this matter further. William J. Cooney, AICP Director of Community Development ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING BUSINESS DISTRICT RETAILERS' OCCUPATION AND SERVICE OCCUPATION TAXES FOR BUSINESS DISTRICT NO. 1 WHEREAS, the Village of Mount Prospect has approved a Redevelopment Agreement for redevelopment of the property commonly known as the Randhurst Shopping Mall; and WHEREAS, the Agreement calls for the establishment of a 0.25% Retailer's Occupation Tax to be imposed and collected within the Business District, Mount Prospect Business District No. 1, that is in addition to all other taxes collected within the District; and WHEREAS, the imposition of a Business District Retailers' Occupation Tax and a Business District Service Occupation Tax are authorized by subsections (b) and (c) respectively of Section 11- 74.3 -6 of the Illinois Municipal Code, 65 ILCS 5/11 - 74.3 -6; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to impose such taxes. NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1 : Article XXIV, entitled "Business District Municipal Retailers' Occupation And Service Occupation Taxes" of Chapter 8, "Village Government Miscellaneous Provisions ", of the Village of Mount Prospect Village Code shall be deleted in its entirety and a new Article XXIV inserted in its place, to be and read as follows: ARTICLE XXIV BUSINESS DISTRICT RETAILERS' OCCUPATION AND SERVICE OCCUPATION TAXES 8.2401 PURPOSE: Business District Retailers' Occupation and Service Occupation Taxes are hereby established for the purpose of planning, execution and implementation of business district plans and to pay for business district project costs in Business District No. 1 in the Village of Mount Prospect. 274940_1 8.2402 IMPOSITION OF TAX: A. Tangible Personal Property Effective January 1, 2012, a Business District Retailers' Occupation Tax is imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the State of Illinois' government, at retail within Mount Prospect Business District No. 1, at the rate set forth in Appendix A, Division 11 of this Code, on the gross receipts from such sales made in the course of such business. B. Tangible Personal Property in Connection with the Sale of a Service. Effective January 1, 2012, a Business District Service Occupation Tax is imposed upon all persons engaged in the business of making sales of service within Mount Prospect Business District No. 1 who, as an incident to making those sales of service, transfer tangible personal property within Mount Prospect Business District No. 1, at the rate set forth in Appendix A, Division II of this Code. This tax shall apply only to the tangible property that is transferred as an incident of the service. C. Exemptions Business District Retailers' Occupation and Service Occupation Taxes shall not be applicable to the sales of food for human consumption, which food is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non - prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics. 8.2403 COLLECTION OF TAX: The taxes that are the subject of this Article, and all civil penalties that may be assessed pursuant to Article XX of this Chapter, shall be collected by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this Article. SECTION 2: Section 8.2402 entitled "Imposition of Tax" of Chapter 8 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended as follows: Sec. 8.2402 IMPOSITION OF TAX: A. 0.25% on the gross receipts from sales. B. 0.25% on the selling price of tangible personal property transferred incident to a sale of service. SECTION 3 : The Village Clerk is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue. 274940_1 2 SECTION 4 : All ordinances and regulations, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance. SECTION 5 : This Ordinance shall be in full force and effect from and after its adoption and approval as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of October, 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 274940_1 3 RESOLUTION NO. A RESOLUTION REGARDING THE RELEASE OF CLOSED SESSION MINUTES WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have, from time to time, met in Closed Session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the Village Board has kept written minutes of all such Closed Sessions; and WHEREAS, pursuant to the requirements of Public Act 85 -1355, the President and Board of Trustees have met in Closed Session to review the minutes of all Closed Sessions; and WHEREAS, the President and Board of Trustees have determined that a need for confidentiality still exists as to the Closed Session minutes for the meetings as set forth on Schedule A attached hereto; and WHEREAS, the President and Board of Trustees have further determined that the minutes of Closed Sessions, as noted on Schedule A attached hereto, no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the release of the Closed Session minutes as indicated on Schedule A attached hereto. SECTION TWO: That the Village Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk's Office. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ATTEST: , 2011. Irvana K. Wilks, Mayor M. Lisa Angell, Village Clerk SCHEDULE A Closed Sessions of the President and Board of Trustees of the Village of Mount Prospect were held as listed below. The minutes that have been determined may be released for public inspection are indicated by the word "Released" or "Partial Release ", those determined to remain as confidential are indicated by the words "Not For Release ": January 12, 2010 Full Release January 19, 2010 Full Release February 2, 2010 Not for Release February 16, 2010 Full Release February 23, 2010 Full Release March 16, 2010 Partial Release March 23, 2010 Full Release April 13, 2010 Not For Release May 11, 2010 Full Release July 13, 2010 Not For Release August 17, 2010 Partial Release September 7, 2010 (6:03 p.m.) Not For Released September 7, 2010 (8:30 p.m.) Full Release September 14, 2010 Partial Release September 28, 2010 Full Release October 5, 2010 Partial Release October 19, 2010 Full Release November 3, 2010 (6:04 p.m.) Full Release November 3, 2010 (9:00 p.m.) Full Release November 9, 2010 Full Release December 14, 2010 Full Release 1 of 1 PROSPECT HEIGHTS PUBLIC LIBRARY DISTRICT Mr. Michael E. Janonis, Village of Mt. Prospect 50 S. Emerson St. Mt. Prospect, IL 60056 Village Manager September 21, 2011 Dear Mr. Janonis: I am writing to let you know that the Board of Trustees of the Prospect Heights Public Library District voted unanimously at their August 31, 2011 Board meeting to extend our agreement for municipally treated water for the next ten years according to the option provision in our original agreement of November 7, 2001. The Library Board is most pleased to be able to continue providing high quality water in the Library. Library patrons and staff members have remarked on the improved quality and appearance of library water, whether they are drinking from the drinking fountains, noticing the Library's decorative fountain, or using the restrooms. The availability of fire hydrants nearby also contributes to the increased security of the Library. Your help and that of Mt. Prospect's elected officials and staff in making this all possible is greatly appreciated. Sincerely, William C. McCully, D. Executive Director Cc: Ms. Kathy Nowicki, Executive Director — Prospect Heights Park District 12 North Elm Street • Prospect Heights, IL 60070 - 847.259.3500 • Fax 847.259.4602 • www.phpl.info September 20, 2011 Michael Janonis Village Manager, Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Re: Intergovernmental Agreement for the Sale of Water by the Village of Mount Prospect to the Prospect Heights Park District and the Board of Library Trustees of the Prospect Heights Public Library To Michael Janonis: Per the Prospect Heights Board Meeting held on Tuesday, September 13, 2011, the Board of Commissioners approved the (10) year period extension of the Intergovernmental Agreement for the Sale of Water by the Village of Mount Prospect to the Prospect Heights Park District and the Board of Library Trustees of the Prospect Heights Public Library. The Prospect Heights Park District and its Board of Commissioners appreciate the opportunity to continue with the water services provided by the Village of Mount Prospect. Sincerely, Kathy Nowicki Executive Director KN /ec cc: Doreen Jarosz INTERGOVERNMENTAL AGREEMENT FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE PROSPECT HEIGHTS PARK DISTRICT AND THE BOARD OF LIBRARY TRUSTEES OF THE PROSPECT HEIGHTS PUBLIC LIBRARY DISTRICT This Intergovernmental Agreement made and entered into this 7 - 4 day of v &mr , 2001 by and between the Village of Mount Prospect (hereinafter called "Mount Prospect "), an Illinois municipal corporation, and the Prospect Heights Park District (hereinafter the "Park District "), an Illinois park district, and the Board of Library Trustees of the Prospect Heights Public Library District, (hereinafter the "Library District "), an Illinois library district. WITNESSETH: WHEREAS, in order to safeguard and promote the health, welfare and well -being of their governmental properties, the Park District and the Library District desire to purchase water from Mount Prospect for distribution to their governmental properties on Camp McDonald Road and Elm Street; and WHEREAS, Mount Prospect is willing to furnish water to the Park District and the Library District and expects to have available water for the initial ten (10) year period of this Agreement, as well as the ten (10) year option period as set forth in Section 20 hereof; and WHEREAS, Mount Prospect and the Park District and the Library District desire to enter into an agreement for the sale of water; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, Mount Prospect agrees to furnish and sell, and the Park District and the Library District agree to receive, and pay for, water upon the terms and conditions, and for the consideration as set forth in this Agreement: 1. Quantity of Water. During the years of this Agreement, Mount Prospect shall provide and make available to the Park District and the Library District, fortheir use at a delivery point set forth in paragraph 3, water in the volume required by the Park District and the Library District for their facilities as shown on Exhibit "A ". In the event that it becomes necessary for Mount Prospect to limit the delivery of water to its customers, the Park District and the Library District shall be entitled to receive during such a period of scarcity its pro rata share of water available as determined by the proportion which the volume of water used by the Park District and the Library District during the last preceding twelve (12) month period bears to the volume of water used by the other customers of Mount Prospect for the same period. In the event that it becomes necessary for Mount Prospect to limit the usage of water by its water customers, by imposing lawn and sprinkling restrictions, or otherwise, the Park District and the Library District shall, upon notification by Mount Prospect, impose the same water use restrictions and limitations on water customers connected to its system served by Mount Prospect water (including the Park District and Library District), and shall make every reasonable effort to publicize and shall enforce such limitations and restrictions until notified by Mount Prospect that the limitations and restrictions may be removed. Restrictions may be imposed by water pressure zones at the discretion of Mount Prospect. 2. Quality of Water. Water to be delivered at the point of delivery by Mount Prospect and received by the Park District and the Library District shall be of the same quality as that provided by the Mount Prospect system to customers within the corporate limits of Mount Prospect. Water quality after the point of delivery is the responsibility of the Park District and the Library District. So long as Mount Prospect meets its responsibility pursuant to this paragraph, neither the Park District nor the Library District shall make any claim whatsoever against Mount Prospect for costs or damages caused by any failure to meet EPA or other regulatory water quality or composition standards. 3. Point of Delivery. The point of delivery of water from the water system of Mount Prospect to the Park District shall be at 110 W. Camp McDonald Road and shall be at 12 Elm Street for the Library District, as set forth on Exhibit "A ". Any further point of delivery shall be subject to the following conditions: a. The connection, the location of any such connection and the method of effecting such connection to the Park District's and the Library District's system shall be subject to the approval of Mount Prospect and the work of effecting any additional connections shall not be started until any such approval has been granted in writing, in a timely fashion, by the corporate authorities of Mount Prospect. b. Each connection shall be provided with a back water check valve to be mounted close to the water measuring device, as approved by Mount Prospect, in such a manner as to prevent the flow of water from the Park District and the Library District to the Mount Prospect system. In addition, a valve on each side of the meter shall be provided. P 4. Installation Route. The installation route, the size of the piping and the necessity and location of other structures, shall be in substantial conformance with Exhibit « 5. Cost of Improvements. The Park District and the Library District shall each pay one -half (2) of the costs associated with the construction and installation of any piping or structure required to fulfill this Agreement ( "the improvements "), including, but not limited to, all engineering and legal fees, including those incurred by Mount Prospect. 6. Drawinas and Permits. The working engineering drawings for the entire system shall be submitted to Mount Prospect for review, modification and approval. The Park District and the Library District shall be responsible for obtaining such other timely governmental approvals or permits as are necessary, including but not limited to the Illinois EPA and the City of Prospect Heights. This shall apply even if the Village is the named permittee. 7. Ownership Improvements. Any improvements constructed by the Park District and the Library District for the water system shall be conveyed along with necessary easements by the Park District and the Library District to Mount Prospect. The cost and preparation for acquisition of easements shall be the responsibility of the Park District and the Library District, but Mount Prospect shall provide reasonable assistance to accomplish such acquisition. Conveyance of title to the Village shall be by Bill of Sale after written approval of the installation by the Village. 8. Maintenance Notification -and Cost of Repair The Park District and the Library District shall notify Mount Prospect immediately upon discovery of any break, defect or other malfunction in such improvements and shall follow -up notification in writing within twenty -four (24) hours. In the event Mount Prospect shall detect such break, defect or malfunction, it shall notify the Park District and the Library District immediately upon discovery and shall follow -up notification in writing within twenty -four (24) hours. Mount Prospect shall have the right to cause repairs to be made at the sole expense of the Park District and the Library District. The cost of such repair, including labor and materials to any improvements required on account of this Agreement shall be borne by the Park District and the Library District, whether occurring in Mount Prospect or the City of Prospect Heights. Even though Mount Prospect shall own the improvements, the Park District and the Library District shall be jointly and severally liable for the cost of the repair and maintenance of all of the improvements. If a dispute arises as to whether any portion of the improvements need or needed repair, the determination of Mount Prospect shall be final. 3 9. Other Connections /Recapture. No connection or extension to serve any property other than those for governmental use shall be permitted without the mutual consent of Mount Prospect and the Park District and the Library District. The parties agree that the costs of extending the water main west on Camp McDonald Road will be paid by the Park District and the Library District, and a portion of these costs shall be subject to recapture from subsequent users benefiting from this extension, on such terms as the Park District, Library District and Mount Prospect may agree and as may be permitted by Illinois law. 10. Measuring Equipment. The Park District and the Library District agree to furnish, install and replace as may be necessary, at their own expense, at the point of delivery to the Park District and the Library District the necessary meter pits, valves and meters. All such equipment shall be of a standard type approved by Mount Prospect and be capable of reading rate and quantity; with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered under this Agreement. The meter will be tested and calibrated annually. The Park District and the Library District shall be notified in writing of such calibration so that it may be done in the presence of a representative of the Park District and the Library District, and so that the parties may jointly observe any adjustments which are made to the meter, in case any adjustments shall be necessary. Maintenance and testing shall be performed by a contractor or representative from Mount Prospect and shall be paid for by the Park District and the Library District. 11. Meter Reading Recordation. For the purpose of this Agreement, the original record or readings of the meter shall be in the meter journal or other record book of Mount Prospect. Upon request by the Park District and the Library District, Mount Prospect shall furnish the Park District and the Library District with a copy of the records, or permit the Park District and the Library District to have access to them during reasonable business hours. The Park District and the Library District shall assure that the Village shall have access for reading and maintenance purposes. 12. Unit of Measurement. The unit of measurement for determining compensation for water delivered pursuant to this Agreement shall be that typically used by the Village and all measuring devices shall be so calibrated. 13. Price and Terms. The Library District and Park District shall pay Mount Prospect the nonresidential water rate as set forth in Section 22.504.2 or similar rate provision of the Mount Prospect Village Code as it may from time to time be amended. This shall include delinquent and unpaid account provisions of Section 22.506. 4 14. Billing. Mount Prospect shall bill the Park District and Library District monthly for all water furnished at the point of delivery and payments shall be due and payable by the Owner to Mount Prospect within thirty (30) days from the date of billing. 15. Commencement of Liabillily for Payments. Liability for making payments as above set forth shall commence on the date of the first tender of delivery and after completion of the installation and testing of the water main. 16. Continuity of Service Conditions. From the time that water is tendered for delivery to the Park District and the Library District at the designated point of delivery, Mount Prospect shall, subject to the terms and conditions of this Agreement, continue to hold itself ready, willing and able to supply water to the Park District and the Library District. 17. No Liability._ Mount Prospect shall not be liable for damages for breach of contract or otherwise for failure, suspension, diminution or other variation of service. 18. No Resale. The Park District and the Library District agree not to resell or otherwise provide any water provided pursuant to the Agreement to any other user, without the prior written approval of Mount Prospect. 19. Term of Agreement. This Agreement shall continue in full force and effect for a period of ten (10) years from the Agreement date except as otherwise provided in this Paragraph 19. The Park District and the Library District shall have the option to extend this Agreement for an additional ten (10) year period. The Agreement may be renewed for any additional term permitted by law upon such terms and conditions and rate adjustments, if any, which may be then agreed by and between the Park District and the Library District and Mount Prospect. This Agreement may be terminated by the Park District and the Library District upon thirty (30) days written notice to Mount Prospect if the Park District and the Library District have water made available to them by the City of Prospect Heights, or other agency or unit of government of which they are residents or members. 20. Modification. This Agreement may be amended only in writing and with the consent of the governing bodies of Mount Prospect and the Park District and the Library District. 21. Hold Harmless. The Park District and the Library District shall hold and save Mount Prospect harmless from any and all claims, damages, suits, causes of action and the like which may arise by virtue of this Agreement. 22. Notices. All notices provided for herein shall be in writing and shall be delivered by certified or registered mail to: 5 Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Prospect Heights Park District 110 West Camp McDonald Road Prospect Heights, Illinois 60070 Prospect Heights Public Library District 12 Elm Street Prospect Heights, Illinois 60070 23. Severability. In the event that any part, term, provision or paragraph of this Agreement shall be found to be illegal or in conflict with any law by any court of proper jurisdiction, the validity of the remaining portions of provisions of this Agreement shall not be affected thereby. 24. Joint and Several Responsibility. It is the intention. of the parties that any obligation of the Park District and /orthe Library District pursuantto this Agreement shall be a joint and several obligation, except that the payment for water used by the Park District and /or the Library District at the point of delivery shall be the sole obligation of the District using the water. IN WITNESS WHEREOF, the parties hereto acting under the authority granted by their respective governing bodies have caused this Agreement to be executed in several counte rp rts, each of which shall constitute an original of this Agreement, dated th is day of o - ,'2001. VILLAGE OF MOUNT PROSPECT PROSPECT HEIGHTS PARK DISTRICT 100 SOUTH EMERSON STREET MOUNT,PF�OSPECT, ILLINOIS 600§- By: Preside � Its: PRG,SCbe►JT, 13ooRL OF 00141415 eRS Villag Cleric BOARD OF LIBRARY TRUSTEES OF THE PROSPECT HEIGHTS PUBLIC LIBRARY DISTRICT 0 / 0