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Home My WebLink About5. OLD BUSINESS 1/21/03Village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. SANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT NOVEMBER 27, 2002 PZ~37-02 - CONDITIONAL USE & VARIATION GOLF PLAZA II (GOLF & ELMHURST ROADS) DIMUCCI COMPANIES & DOMINICK'S - APPLICANTS The Planning & Zoning Commission transmits their recommendation to approve Case PZ-37-02, a request for Conditional Use approval for a Planned Unit Development to construct a fuel center and a Variation to construct two entrance features for the Dominick's entrances, which measure 33.17' from the mid-point. The attached staff report and exhibits provide details about the requests. The Planning & Zoning Commission heard the case at their November 21, 2002 meeting. The subject property is located at the southwest comer of Golf and Elmhurst Roads, the Golf Plaza II Shopping Center. The proposed fuel center would be located along Elmhurst Road. As part of the fuel center project, the shopping center parking lot will be reconfigured. The site improvements include landscape islands and perimeter landscape screening along Elmhurst and Golf Roads. The request for entrance features taller than 30-feet is specific to the Dominick's entrances only. The petitioner originally proposed EIFS material, but is researching a different material in order to comply with Village codes. The Planning & Zoning Commission discussed the site improvements, the impact of the fuel center on the shopping center and its tenants, and the amount of landscaping proposed by the petitioner. The P&Z also discussed the size of traffic aisles at Golf Plaza II and compared its parking lot reconfiguration to the Golf Plaza II parking lot. The Planning & Zoning Commission members voted 6-0 to recommend that the ¥illage Board approve a request for a Variation to allow 33.17-foot (mid-point measurement) entrance features for Dominick's subject to using code compliant building materials and 6-0 for a Conditional Use permit for a Planned Unit Development to allow the construction of a fuel center at Golf Plaza I subject to the following conditions: 1. Revise the landscape plan to reflect an increase in the quantity and density of bushes along the north property line (Golf Road); 2. Revise the plans prepared by Kurtz Associates, the site plan prepared by WC Doland Engineering, and the Site Landscape Plan prepared by WC Doland Engineering to reflect: · Eliminating the parking stalls on Elmhurst Road between the LaSalle Bank and Boston Market developments to create a 20-foot wide landscape area and a 26-foot wide drive aisle parallel to Elmhurst Road for this section of the parking lot; · Interior landscape islands shown on the Site Landscape Plan prepared by WC Doland Engineering revision date November 6, 2002 and that the islands measure no less than 7-feet in width; and · Landscape islands for the west section of the parking lot instead of the painted islands shown; 3. Construct the fuel center according to Building and Fire Code regulations related to fuel dispensing; and 4. Record a cross access easement agreement between Lots 1, 2, and 3 of the DiMucci Resubdivision. Z-37-02 November 27, 2002 Page 2 Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 3, 2002 meeting. Staff will be present to answer any questions related to this matter. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-37-02 Hearing Date: November 21, 2002 PETITIONER: W. Thomas Niemira for DiMucci Companies & Dominick's Food Stores PROPERTY ADDRESS: Golf Plaza II (Southwest comer of Golf & Elmhurst Roads) PARCEL NUMBER: 08-14-204-023 PUBLICATION DATE: November 6, 2002 REQUEST: Conditional Use and Variations MEMBERS PRESENT: Arlene Juracek, Chairperson Merrill Cotten Leo Floros Matthew Sledz Keitb Youngquist Richard Rogers MEMBERS ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Marisa Wameke, Neighborhood Planner INTERESTED PARTIES: W. Thomas Niemira David Hene Stephen Corcoran Pamela Mueller Wes McAllister Jason Doland Vice Chair Richard Rogers called the meeting to order at 7:37 p.m. Keith Youngquist made a motion to approve the minutes of the October 24 meeting, seconded by Leo Floros. Vice Chair Rogers noted that the last vote for PZ-33-02 should be corrected to '5-1'. The October meeting minutes were approved as corrected 5-0. After hearing another case, Chairperson Arlene Juracek introduced Case No. PZ-37-02, a request for variations and a conditional use. Judy Connolly, Senior Planner, reported that the subject property is located at the southwest corner of Golf and Elmhurst Roads and contains a retail shopping center. She said that the subject property is zoned B3 Community Shopping and is bordered by commercial, residential, and multi-family zoning districts. Ms. Connolly said the petitioner would like to construct a fuel center along the Elmhurst Road frontage, make site improvements to the shopping center parking lot and the Dominick's faqade, in addition to installing two freestanding signs on Elrnhurst Road. She said that the six-pump fuel center would be located slightly more than 50-feet from the Elmhurst Road lot line and 60-feet from the Boston Market restaurant, which is a separate lot of record. The fuel center includes a 422 square foot kiosk where people pay for gas and purchase convenience items. She reported that the kiosk would be constructed using brick materials. As part of the fuel center project, the petitioner proposes significant changes to the shopping center parking lot. Ms. Connolly said that driveways into the shopping center would not be changed, but that the interior circulation pattern would be modified. The petitioner's plans show reconfiguring the parking lot to provide 90 degree parking stalls, creating landscape islands in the parking lot, and creating perimeter landscape screening along Elmhurst and Golf Roads. She said that these improvements are in Planning & Zoning Commission Arlene Juracek, Chairperson PZ-37-02 Page 2 keeping with the Village's corridor design guidelines, which requires redevelopment projects to incorporate landscape improvements along major commercial corridors as well as creating a more efficient parking design and eliminating vehicle conflicts. Ms. Connolly said the petitioner's plans do not adversely impact the adjacent Boston Market and LaSalle Bank developments, which are separate lots of record. She said that although the proposed site improvements reduce the number of parking spaces for the shopping center, the site continues to meet Village parking regulations. Ms. Connolly repotted that Dominick's proposes facade improvements to the existing grocery store. She said that the improvements include modifying the flat roof to include the addition of two 'towers' at the store entrances that create a gabled roofline. Ms. Connolly said that the modified roof is intended to better identify entrances to the store and update the store's fagade. The petitioner proposes to use brick materials to construct the columns and archway design, in addition to extending the EIFS facade to meet the metal coping 'towers'. She said that the Village recently adopted an ordinance that prohibits the use of EIFS. In order to comply with Village regulations, the elevations must be revised so the EllvS material is eliminated and substituted with another material that meets Village regulations. In addition, Ms. Connolly said that the height of the 'tower' structures measures 33.17' from the mid-point of the roof, 36-feet from grade. In order to create the gabled roof so it is in propottion to the entrances and the existing building, the petitioner is seeking relief from code regulations to construct the two 'towers' that are taller than code permits. The zoning ordinance limits the maximum building height to 30-feet from the mid-point of the roof and the existing building height is 26'8" from grade. Ms. Connolly said the petitioner is seeking a variation to allow two freestanding signs for the Elmhurst Road frontage since the sign code allows one sign per street frontage the intent of which is to minimize visual clutter and eliminate traffic hazards. One sign would be used to identify the stores in the shopping center and the second sign would be used exclusively for the fuel center. The distance between the two proposed signs is more than 300-feet and the signs would be used to identify two separate uses. Ms. Connolly said that the shopping center building would not be modified, with the exception of the two new Dominick's entrance features. She said that the parking lot will be reconfigured and a new 422 square foot kiosk will be constructed as part of the fuel center project. The kiosk location complies with zoning regulations. Ms. Connolly said that some of the existing site conditions do not comply with current zoning regulations. Although the proposed site improvements will bring the site closer to zoning compliance, the site will not meet current zoning regulations. She said that the parking setbacks and excessive lot coverage are legal non-conformities and allowed to remain because the petitioner is not seeking to increase the amount of the non-conformity. Ms. Connolly explained the standards for Conditional Uses, which are listed in the Zoning Ordinance. She noted that the zoning ordinance permits only one principal building on a zoning lot. Therefore, the petitioner's request to install a fuel center requires conditional use approval for a planned unit development because the fuel center constitutes a second principal building/use on the zoning lot. She said that the proposed fuel center has been designed so the kiosk structure meets current building material regulations, and the overall fuel center development will meet all building and fire codes related to fuel dispensing. Access to the fuel center has been designed so the shopping center's internal circulation pattern is not adversely impacted. Redesigning the parking lot as proposed by the petitioner allows vehicles to enter the fuel center from Elmhurst Road and from the shopping center parking lot in a safe manner. Ms. Connolly reported that locating the fuel center away from the shopping center building will not have a detrimental impact on the stores within the center and the manner in which the center's parking lot will be reconflgured will not impair the usc or value of the other stores and adjacent uses. She said that the fuel center use complies with the Comprehensive Plan and will be constructed according to Village Codes. Therefore, the petitioner's request to construct an outlot fuel center meets the standards for a conditional use. Planfiing & Zoning Commission PZ-37-02 Arlene Juracek, Chairperson Page 3 Ms. Connolly explained the standards for a variation as listed in the Village Zoning Ordinance. She said that the petitioner's justification for seeking a variation to construct the new entrance feature 'towers' that exceed the maximum building height is that the existing building height of 26'8" is an existing condition that makes it difficult to update the existing faqade without making significant structural changes to the building. She reported that the proposed gabled roof elements exceed code height limits by less than four-feet and the modifications would not adversely affect the neighborhood character or other surrounding properties. Ms. Connolly summarized the required findings for sign variations as listed in the Sign Code as they related to the petitioner's request for two signs on one lot. She said that the petitioner researched the possibility of using one sign and found that the gas price information and the tenant panels are difficult to read on one sign. The request to allow two freestanding signs on one lot of record meets the standards for a variation because combining the information from the two signs to one sign would not allow for the reasonable identification of the businesses. Ms. Connolty reported that the two signs would be located more than 300-feet apart, which is similar to two different businesses installing their own signs on each of their properties. The signs have been located according to Sign Code regulations and will not adversely impact adjacent properties, increase traffic problems or alter the character of the area. Based on these findings, Ms. Connolly relayed staff's recommendation that the Planning & Zoning Commission recommend approval of the petitioner's requests for: 1) relief from sign regulations to allow two freestanding signs as shown on their exhibits; 2) maximum building height of 33.17-feet (mid-point) for the two Dominick's entrances subject to the elevations being revised so the building materials comply with Village Codes; and 3) Conditional Use approval for a Planned Unit Development to allow for the construction of a fuel center subject to the following conditions: 1. Revise the site plan prepared by Kurtz Associates to reflect the interior parking lot landscape islands; 2. Revise the site plan prepared by W. C. Doland Engineering revision date November 6, 2002 to reflect the landscape islands shown on the Site Landscape Plan prepared by W. C. Doland Engineering revision date November 6, 2002 and to include landscape islands for the west section of the parking lot instead of the painted island shown; 3. Revise the Site Landscape Plan prepared by W. C. Doland Engineering revision date November 6, 2002 to reflect landscape islands for the west section of the parking lot instead of the painted islands shown; 4. Revise the Site Landscape Plan prepared by W. C. Doland Engineering revision date November 6, 2002 to reflect landscape islands that measure no less than 7-feet in width; 5. Construct the fuel center according to Building and Fire Code regulations related to fuel dispensing; 6. Record a cross access easement agreement between Lots 1, 2, and 3 of the DiMucci Resubdivision. Chairperson Juracek asked Ms. Connolly what would happened to the Conditional Use permit if the applicant, Dominck's, were to be sold in the future. Ms. Connolly said that the Conditional Use permit is transferable to another owner, but that the owner is required to design and operate the Conditional Use according to the original approval granted. Chairperson Juracek asked if staff concurred With the traffic report submitted as part of the application. Ms. Connolly clarified that access into the center would not be modified and that staff worked with the petitioner to modify the internal parking lot configuration to create a safe design and to minimize vehicle conflicts. Merril Cotten asked if IDOT approval was required as part of the project. Ms. Connolly said that an IDOT permit was not required because the applicant was not modifying the IDOT right-of-way. Leo Floros asked for clarification on the kiosk use. Ms. Connolly said the building would be the size of a small garage and people can pay for gas inside and/or purchase convenience items such as pop, chips, etc. Planning & Zoning Commission PZ-37-02 Arlene Juracek, Chairperson Page 4 Richard Rogers said that the parking lot does not meet the requirements for a Planned Unit Development because the applicant was doing less than the minimum amount of work needed to meet the criteria for a Planned Unit Development (PUD). Ms. Connolly said that the manner in which the site was designed, the location of the existing building makes it extremely difficult for the site to meet current zoning regulations. She said that the applicant focused on improving the frontages along the commercial corridors. Mr. Rogers said that the parking lot should include more landscaping. Matt Sledz asked if the applicant would be allowed to conduct seasonal outdoor sales as they had in the past because the fuel center would occupy the area the sales took place. Ms. Connolly said that the outdoor sales could not create a parking deficiency and would have to be located in a manner that did not create traffic conflicts. She said that the permit would have to document code compliance before staff could approve the request for outdoor sales, but it is possible that the outdoor sales would not be permitted. Mr. Sledz asked if the current tenants needed to approve the project. Ms. Connolly said no, just the property owner. Chairperson Juracek clarified that the Village posted two public hearing signs on the property and Ms. Connolly added that the case was published in the newspaper and notices were mailed to property owners as required by State Statues. Keith Youngquist noted a discrepancy on the site plan. One of the driveways on Golf Road allowed for a left tum when there was a raised median in that location that prevents a left turn at this location. He said that the east and west driveway on Golf Road were transposed. Mr. Youngquist inquired if the signage on all sides of the fuel center complied with Village regulations. Ms. Connolly said that the fuel center is a separate use. Therefore, it is allowed to have signage on all four-sides as long as the size of the text meets code regulations. She clarified that the Sign Code did not recognize the red and green 'swirls' or lines as signs because they are not illuminated. Ms. Juracek asked for the petitioners to be sworn in. Tom Niemira of the DiMucci Company provided a brief overview of the project and introduced members of the development team, who included David Hene of Dominck's Real Estate Management, Stephen Corcoran of Metro Transportation, Wes McAllister of Kurtz Associates, and Jason Doland, Doland Engineering. David Hene reviewed aspects of the $3.5 million store improvement and fuel center project. He noted that they were exploring alternative materials for the store entrance features since the Village prohibited the use of EIFS. He described how the fuel center would be used and noted that 70% of the users would be people shopping at Dominick's. He presented marketing information in detail and completed his presentation by stating that they concurred with the Staff Report. Chairperson Juracek asked for details on the existing fuel centers. Mr. Hene said there were eight fuel centers in operation and that this fuel center would be different from the first, early fuel centers opened. He said that the kiosk would mirror the Dominick's store and have more landscaping. Richard Rogers asked Mr. Hene if he agreed with staff's recommendation of having seven-foot wide landscape islands as the minimum size and installing landscape islands in the west parking lot. Mr. Hene said he thought that the DiMucci Company agreed to the changes. Mr. Rogers asked if they would agree to eliminate certain parking spaces to include more landscaping. Mr. Hene said that he would defer the question to Mr. Niemira. Steve Corcoran of the Metro Transportation Group testified that the fuel center was not similar to a typical gas station, that it was tied to Dominick's. He said that the use would create 50-70 'new' trips, people who were not already shopping at Dominick's. Mr. Corcoma answered clarified that an IDOT permit is not needed because they were not modifying the driveways and that IDOT accepted a Level Sevice D, which was cited in the traffic study, because the project location is in an urban area and that the fuel center would have minimal impact. Planfiing & Zoning Commission PZ-37-02 Arlene Juracek, Chairperson Page 5 Chairperson Juracek asked if the traffic consultants had input on the internal parking lot circulation pattern changes. Mr. Corcoran said they did not, but that the proposed changes were consistent with current design standards. Mr. Youngquist noted that the traffic report stated there were sections of parking along Elmhurst Road that were not used, which supported Mr. Rogers recommendation that these spaces be eliminated and replaced with landscaping. Mr. Niemira addressed the Commission. He said that he had concerns with eliminating parking spaces because the spaces may be needed for future tenants, such as restaurants, which require more parking than a retail user. He said that another DiMucci shopping center, Golf Plaza I received a variation for parking, but finds themselves limited as to the types of tenants they can lease the spaces to because of the parking deficiency. As an alternative to eliminating the parking spaces, Mr. Niemira said that the amount of landscaping could be increased in the proposed ten-foot landscape areas. He noted that the west parking lot would be used for employee parking and stated that he would make the landscape improvements as recommended in the staff report, but was reluctant to do so because the improvements would not be visible to shoppers or people traveling on Golf or Elmhurst Roads. Mr. Rogers noted that constructing the fuel center should not limit the center's ability to lease spaces and if that was the case, then they should re-evaluate the project. There was discussion concerning the number of parking spaces needed to meet Village Code and the number needed to ensure the center's viability. Ms. Juracek noted that the parking lot at Golf Plaza I was difficult to maneuver larger vehicles through due to its tight design. There was a suggestion to increase the width of the drive aisle parallel to Elmhurst Road and to eliminate those parking stalls between the bank and the Boston Market restaurant. The modification would allow for easier ingress/egress to the site. It was further noted that eliminating these spaces would not adversely impact the center's v/ability because the spaces are located at such a distance from the building that the spaces rarely used by shoppers. Mr. Youngquist asked if new parking lot lights would be installed. Mr. Niemira stated that new code compliant lights would be installed as part of this project. There was discussion regarding future development within the shopping center, the impact of the fuel center on the stores located north of the fuel center, and how the kiosk and canopy are not solid structures and therefore will not adversely impact these stores. Chairperson Juracek opened the public hearing to receive comments from the audience. Pamela Mueller, 917 S. I- Oka, addressed the P&Z Commission. She said that she agrees that the project should include more landscaping, but was generally pleased with the design and changes to Golf Plaza I. Ms. Mueller noted that the driveway to enter/exit the shopping center from Golf Road gets obstructed and that traffic accidents occur sometimes. She asked how many accidents had occurred at this location and if the fuel center would create additional accidents. Ms. Juracek agreed that it was a difficult to make a left on to Golf Road from this driveway at times. She clarified that the Safety Commission could study the situation and noted that additional lighting may help to prevent some of the traffic conflicts at this driveway. Ms. Mueller concluded by stating that additional landscaping along Golf Road would help to reduce the amount of trash from GPI tenants from blowing down I-Oka. Ms. Juracek asked Mr. Niemira if he agrees to increase the landscaping as proposed by the P&Z which includes more bushes along Golf Road and eliminating the parking previously identified along Elmhurst Road to install more landscaping. Mr. Niemira said that he agrees to make the changes. Ms. Juracek closed the public hearing at 9:12pm. Mr. Rogers said that said that the facade improvements would benefit the center and agreed to support the height variation, but only for the Dominick's entrances. Planning & Zoning Commission PZ-37-02 Arlene Juracek, Chairperson Page 6 Mr. Rogers moved to approve the petitioner's request to allow two 33.17' (mid-point) entrance features for the Dominick's entrances as shown on the elevations prepared by Kurtz Associates subject to the materials be revised to comply with Village Codes. Matt Sledz seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, Youngquist, Sledz and Juracek NAYS: None Motion was approved 6-0. Mr. Rogers moved to approve the Conditional Use request for a Planned Unit Development to construct a fuel center as shown on the plans prepared by Kurtz Associates and Doland Engineering subject to the following conditions: 1. Revise the landscape plan to reflect an increase in the quantity and density of bushes along the north property line (Golf Road); 2. Revise the plans prepared by Kurtz Associates, the site plan prepared by WC Doland Engineering, and the Site Landscape Plan prepared by WC Doland Engineering to reflect: · Eliminating the parking stalls on Elmhurst Road between the LaSalle Bank and Boston Market developments to create a 20-foot wide landscape area and a 26-foot wide drive aisle parallel to Elmhurst Road for this section of the parking lot; · Interior landscape islands shown on the Site Landscape Plan prepared by WC Doland Engineering revision date November 6, 2002 and that the islands measure no less than 7-feet in width; and · Landscape islands for the west section of the parking lot instead of the painted islands shown; 3. Construct the fuel center according to Building and Fire Code regulations related to fuel dispensing; and 4. Record a cross access easement agreement between Lots 1, 2, and 3 of the DiMucci Resubdivision. Merril Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, Youngquist, Sledz and Juracek NAYS: None Motion was approved 6-0. Matt Sledz noted that the 'Dominick's' text on the freestanding fuel center sign was disproportionate to the rest of the sign and stated that the size of the letters should be reduced. Mr. Hene said that the size of the sign was significantly smaller than a standard gas station sign. There was discussion regarding the size of the sign base and letters. It was agreed that the 'Fresh Card' graphic would be relocated to in front of the 'Dominick's' text and that the letter size would be reduced proportionately. It was noted that the reason for granting the variation to allow two freestanding signs was due to the size of the Elmhurst Road frontage and the distinct uses each size would serve. Mr. Rogers moved to approve two freestanding signs for the Elmhurst Road frontage as shown on the petitioner's plans prepared by Kurtz Associates and Doland Engineering subject to the fuel center sign face being modified to reduce the 'Dominick's' text and relocating the 'Fresh Card' graphic to in front of the text. Merril Cot-ten seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, Youngquist, Sledz and Juracek NAYS: None lam{ing & Zoning Commission PZ-37-02 Arlene Juracek, Chairperson Page 7 Motion was approved 6-0. At 9:25 p.m., Keith Youngquist moved to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. '"Mm'isa Wameke, Neighborhood Planner /.fudy Con~ot~y,/~ICP,~ S['~or ~lann~r ~ Village of Mount ProsPect Community Development Department CASE SUMMARY - PZ- 37 -02 LOCATION: PETITIONERS: OVCNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: Golf Plaza II (Southwest comer of Golf & Elmhurst Roads) W. Thomas Niemira & Dominick's DiMucci Companies 08-14-204-023 12.8 acres (shol~ping center parcel only) B3 Community Shopping Shopping Center Conditional Use and Variations LOCA~flON MAP Golf Road Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: NOVEMBER 14, 2002 HEARING DATE: NOVEMBER 21, 2002 SUBJECT: PZ-37-02 - CONDITIONAL USE AND VARIATIONS GOLF PLAZA II - DLMUCCI COMPANIES & DOMINICK'S BACKGROUND A public hearing has been scheduled for the November 21, 2002 Planning & Zoning Commission meeting to review the application by DiMucci Companies and Dominick's (the "Petitioner") regarding the property located at the southwest corner of Golf & Elmhurst Roads, Golf Plaza II Shopping Center (the "Subject Property"). The Petitioner has requested Conditional Use approval for a Plann¢a- Unit Development to construct an outlot fuel center (gas station), and variations to construct two 33.17' (measured at the mid-point) entrance features on the Dominick's facade and for multiple freestanding signs. The P&Z hearing was properly noticed in the November 6, 2002 edition of the Journal Topics Newspaper. In addition, Staffhas completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject. Property is located at the southwest comer ofGolfand Elrnhurst Roads and contains a retail shopping center. The Subject Property is zoned B3 Community Shopping and is bordered by the B3, B1 Office, R1 Single Family, and R4 Multi-Family Development districts. SUMMARY OF PROPOSAL The attached exhibits show the Petitioner's plans for the proposed fuel center, site improvements to the shopping center, and improvements to the Dominick's facade. Fuel Center The petitioner proposes to construct a six-pump fuel center located slightly more than 50-feet from the east lot line (Elmhurst Road), 60-feet from -the north lot line (adjacent to the Boston Market Restaurant), and 220-feet from Golf Road. The fuel center includes a kiosk where people pay for gas and pumhase convenience items. The kiosk would be constructed using brick materials and measure 422 square feet. The fuel center can be accessed directly from Elmhurst Road or from within the shopping center parking lot. The attached tanker access plan shows that the tankers would be able to access and service the fuel center without negatively impacting the adjacent properties or the existing shopping center tenants. · PZ-37-02 Planning & Zoning Commission meeting November 21, 2002 Page 3 Site Improvements As part of the fuel center project, the petitioner proposes significant changes to the shopping center parking lot. Access into the shopping center would not change, but the interior circulation pattern would be modified to allow for a more efficient parking design and to eliminate vehicle conflicts. The existing design includes angled and 90 degree parking stalls. The petitioner is proposing to reconfigure the parking lot to provide 90 degree parking stalls, create landscape islands in the parking lot, and create perimeter landscape screening along Elmhurst and Golf Roads. These improvements are in keeping with the Village's Corridor Design Guidelines that require redevelopment projects to incorporate landscape improvements along major commercial corridors. The petitioner's plans do not adversely impact the adjacent Boston Market and LaSalle Bank developments, which are separate lots of record. Although the p,roposed site improvements reduce the number of parking spaces for the shopping center, the site continues to meet Village parking regulations. The following chart summarizes parking requirements and shows that the adjacent uses will continue to meet Village parking regulations. Required # of Spaces Existing Proposed PARKING Shopping Center 627 770 711 (per landscape plan) Bank 17 18 No Change Restaurant 30 30 No Change Domi~nck's Fagade Improvements As part of the new fuel center project, Dominick's proposes faqade improvements.to the existing grocery store. The attached elevations show that the existing flat roofwould be modified to include the addition of two 'towers' at the store entrances to create a gabled roofline. The modified mol is intended to better identify entrances to the store and update the store's faqade. The petitioner propcses to use brick materials to constr~ct the columns and archway design, in addition to extending the E[FS facade to meet the metal coping 'towers'. However, the Village recently adopted an ordinance that prohibits the use of EI~S. Therefore, in order to comply with Village regulations, the elevations must be revised so the EIFS material is eliminated and substituted with another material. Also, the height of the 'tower' structures measures 33.17' from the mid-point of the roof. The existing building height is 26'8" from grade. In order to create the gabled roof so it is in proportion to the entrances and the existing building, the petitioner is seeking relief from code regulations to construct two 'towers' that measure 3.17-feet taller than code permits. The Zoning Ordinance limits the maximum building height to 30-feet. Siwnage Proposal The petitioner is seeking a Variation to allow two freestanding signs for the Elmhurst Road frontage. One sign would be used to identify the stores in the shopping center and the second sign would be used exclusively for the fuel center. The fuel center sign would contain fuel prices and identify the fuel center as a Dominck' s fuel center. The Sign Code allows one sign per street frontage (Sec. 7.305.A). The intent of this regulation is to minimize visual clutter and eliminate traffic hazards that may result from distractions of multiple signs. The distance between the two proposed signs is approximately 305-feet and the signs would be used to identify two separate USES, In addition, the 50-square foot fuel center sign has been redesigned so the sign contains basic information relevant to the fuel center only. The sign measures eight-feet from grade and includes a brick base, which will be ' PZ-37:02 Planning & Zoning Commission meeting November 21, 2002 Page 4 landscaped as required by the Sign Code. The freestanding sign for the shopping center will be used to identify shopping center tenants and its base will also be landscaped according to Sign Code regulations. GENERAL ZONING COMPLIANCE The primary structure (shopping center building) will not be modified, but the parking lot will be reconfigured and a new 422 square foot kiosk will be constructed as part of the fuel center. The kiosk location complies with zoning regulations. However, some of the existing site conditions do not comply with current zoning regulations. Although the proposed site improvements will br/ng the site closer to zoning compliance, the site will not meet current zoning regulations. The parking set. backs and excessive lot coverage are legal non-conformities (Sec. 14.402.B) and allowed to remain because the petitioner is not seeking to increase the amount of the non- conformity. The following table compares the ,Petitioner's proposal to the B3 Community Shopping district's bulk requirements. B3 Community Shopping Zoning District Existing Proposed Minimum Requirements BUILDING HEIGHT 30' 26.67' 33.17' (m/d-point) BUILDING SETBACKS Front 30' 50' No chan~e Side 10' 20' No change Corner 30' 345' 52' (kiosk) Rear 20' 52' No change PARKING SETBACKS: Front 10' 0' 8' Interior Side 10' 0' No change Corner 10' 0' 10' Rear 10' 0' No change LOT COVEIL~GE 75% Maximum 100% 95% CONDITIONAL USE STANqDARDS The standards for Conditional Uses are listed in Section 14.203.F.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; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use xvith the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. PZ-37-02 Planning & Zoning Commission meeting November 21, 2002 Page 5 The Zoning Ordinance permits only one principal building on a zoning lot. Therefore, the petitioner's request to install a fuel center requires Conditional Use approval for a Planned Unit Development because the fuel center constitutes a second principa; building/use on the zoning lot. The proposed fuel center has been designed so the kiosk structure meets current building material regulations, i.e. constructed from brick, and the overall fuel center development will meet all Building and Fire Codes related to fuel dispensing. Access to the fuel center has been designed so the shopping center traffic (internal circulation) is not adversely impacted. Redesigning the parking lot as sho~vn on the attached site plan allows vehicles to enter the fuel center from Elmhurst Road and from the shopping center parking lot in a safe manner. The petitioner's request to construct an outlot fuel center meets the standards for a Conditional Use. Locating the fuel center away from the shopping center building will not have a detrimental impact on the stores within the center and the manner in which the center's parking lot wi!l be reconfigured will not impair the use or value of the other stores and adjacent uses. The fuel center use complies with the Comprehensive Plan and will be constructed according to Village Codes. VARIATION STANDARDS - BUILDING HEIGHT The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following is a summary of these findings: A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties i.n the .same zoning district and not created by any person presently having an interest in the property; · lack of desire to increase financial gain; and · protection of the public welfare, other property, and neighborhood character. The petitioner's request to construct new entrance feature 'towers' that exceed the maximum building height requires relief from Sec. 14.1704.B of the Zoning Ordinance. The petitioner's justification for seeking the Variation is that the existing building height of 26'8" is an existing condition that-makes it difficult to update the existing fa~:ade without making significant structural changes to the building. The proposed gabled roof elements exceed code height limits by less than four-feet and the modifications would not adversely affect the neighborhood character or other surrounding .properties. VARIATION STANDARDS - FREESTA.NSDtNG SIGNS 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. These standards relate to: · The sign allowed under code regulations wilt not reasonably identify the business; · The hardship is created by unique circumstances and not serve as 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; · 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 Z-37-02 Planning & Zoning Commission meeting November 2 t, 2002 Page 6 The request to allow two freestanding signs on one lot of record meets the standards for a variation because combining the information from the two signs to one sign would not allow for the reasonable identification of the businesses. The petitioner researched the possibility of using one sign and found that the gas price information and the tenant panels are diffic~ult to read on one sign. Also, the two signs would be located more than 300-feet apart. The distance between the two signs is similar to two different businesses installing their own signs on each of their properties. The signs have been located according to Sign Code regulations and will not adversely impact adjacent properties, increase traffic problems or alter the character of the area. RECOMMENDATION Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the petitioner's requests for: 1) relief from sign regulations to allow two freestanding signs as hsown on the exhibits prepared by Doyle Signs dated October 30, 2002; 2) maximum building height of 33.17-feet (mid-point) for the two Dominick's entrances as shown on the attached elevations subject to the elevations being revised so the building materials comply with Village Codes; and 3) Conditional Use approval for a Planned Unit Development to allow for the construction of a fuel center as shown on the attached site plan and elevations prepared by Kurtz Associated dated November 7, 2002 subject to the following conditions: 1. Revise the site plan prepared by Kurtz Associates to reflect the interior parking lot landscape islands; 2. Revise the site plan prepared by WC Doland Engineering revision date November 6, 2002 to reflect the landscape islands shown on the Site' Landscape Plan prepared by WC Doland Engineering revision date November 6, 2002 and to include landscape islands for the west section of the parking lot instead of the painted island shown; 3. Revise the Site Landscape Plan prepared by WC Doland Engineering revision date November 6, 2002 to reflect landscape islands for the west section of the parking lot instead of the painted islands shown; 4. Revise the Site Landscape Plan prepared by WC Doland Engineering revision date November 6, 2002 to reflect landscape islands that measure no less than 7-feet in width; 5. Construct the fuel center according to Building and Fire Code regulations related to fuel dispensing; 6. Record a cross access easement agreement between Lots 1, 2, and'3 of the DiMucci Resubdivision. The Village Board's decision is final for this case. I concur: VILLAGE,:.O MO T PROSPECT,-., ;., ' ': . ' ..... ' ~. ...... , . '. ' COMMUN2TY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street FAX 847,818.5329 . . . . Apphcat~or~ for Conditional Use Approval .'" =;~'-:'"'¢" ... CaseNu.mber ' ' '* " ' · ";' .'.' ."-~"- ' PaZ Development Name/Address Date of Submission Hearing Date Address(es) (Se'eet Number, Street) Site Area (Acres) Property Zoning Total Building Sq. Ft. (Si?) Setbacks: .~Rear Side . Side · Fron,t .,> .. ... . . "-':'~I' '. .' . · . ;. Bu~tJ:~ Heigkt Lot Coverage (%) Number'of ~r!;.iCg. S~a~es " ~. ". Adjacent Land Uses: '' '" ....... · ~ ~-'" " ' " ~ ' ",~' · '"'O~- /~- R~- o~ ':." ....., "'",..,... ' '"' ....... Legal Description (a~ack additional skecB Corporation Telephone (evening) Street Address Fax City ,f~ ,~ _.....r..~. . [ State Zip Code htere,t i~ Pro.l~ert7 ~ roposed Conditional Use (as listed in the zoning dis~-ict') /-, , Describe in Detail the Builc~in~s and Activities Proposed and How th6~'-Proposed Use Meets the Attached StandaXls for Condit Summary of Action Requested Dominick's Finer Foods -~ Golf Pl~-a II ~'~'~ Golf Road and Elmhurst Road Dominick's reques~ a conditional me permit for the op,ration of a fuel crater south of the existing Boston Market. The facility will consist of a 417 square foot walk-in kiosk :. with $i× pumps. The kiosk and ~e fueling pumps will be under a canopy to protect c~tom~rs from inclement weather. The kio,k will offer limited convenience items like coffee, ~oda and snacks. All fueling po~itiona and the ldosk will have video surveillance on monhom bo~ insid,' th~ kiosk a~d Dominick's main store. Furahermore, both the kiosk and the supermarket will have emergency fuel shut offswitches, Dominick's customers who have a "Fresh Values" card will receive discounts on fuel a,s well as coupons for discounted or free merchandise inside the grocery store, Approximately, 70- Hours $0 percent of customers purchasing fucl will also purchase groceries in Domkfiok's store on thc same trip. Regardless, fuel will bc for sale ~o thc gcnerai public evcn if the~ do not have a "Fresh Values" card. The traffic study details anticipated number of customers and peak hours trip generation. ^d ese ) (S e.t ber, S,;eet ' ......--' __ __ .Z Site Area (Acres) Property Zoning Total Build/ag Sq. Ft. (Site) Sq. Ft. Devoted t; P'roposed Use Setbacks: Front Rear Side Side Build/n$ Height Lot Coverage (%) Number of Parktug Spaces Please note that the application will not be reviewed until this petition has been ~u!Iy completed and ali required plans and other materials have been satisfactorily submi~ed to the P.lann/ng Division. Incomplete sO. brn/ttals wiI~ notbe accepted. It is sU'ongly suggested that the petitioner schedule an appoLu~ment with the appropriate ¥illage staff so that materials can be reviewed for acc. urac¥ and cornpIeteness at the t~me of submittal. In consideration of the ir_formation contained in this petition as well as ail supporting documentation, it is requested that approvalbe given prope~ ~2t employees of~e VilI~g¢ of Mo~t Prospect and ~ek agents pension to e~ter o~ ~e pzope~ d~g re~o~bl¢ ko~s f~ visual ~pec~on of~e subject prope~. I hereby a~m-n that ali infarmation,p~ovided her~in and in ail materials submitted in association with this application are true and If applicant is not properS, owner: I hereby desigrmte the applicant to act as my agent for the purpose of seeking the Variation(s) descn%ed in th/s application and the associated supporting ~,d'~. Property Owner '~%."~-.~/.~,g_~ ~ Date Mount Prospect Department of CornmuffL~ Development Phone 847.$18.5328 100 South Emerson St2:eet, Mount Prospect Illinois Fax 84'2.818.5329 www.mountprospect.org 3 ' TDD 847.392.6064 Name Telephone (d~y) -- State Zip Code Pager Developer Name Telephone (day) Attorney N~e Telephone (day) ~ . . · Surveyor . ~ . ~ /'. .....- __ Eng' eer ' ". Arehit¢et Name Telephone Ad.ess Fax . !. '. ' q . "~" ". '.~ ,, ..,,... Landscape ~rehRect '"' ' ...... ' ......... ' Name Telephone (day): Ad.ess Fax Cs?. '" Motmt Prospect Department of Communit7 Development 100 South Bmerson Street, Motmt Prospect Illinois www.motmtpro speot.org 2 Phone 847.8t8.5328 Fax 847.818.5329 TDD 847392.6064 VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Plmming Division 100 S. Emerson Slreet Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847,818.5329 Variation Request L The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed t~venty-five (25%) of a requirement stipulated by the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COiVEViISSION REVIEW o Village Board Finalo P&Z Final CaseNumber. ' : : : , PZ - - 02 ' : · : _ D~.'~e ! ~p. m.e. n3 N_a.m ~ / _A d ~_s~ .................................. ...................................... --.--~ ............... Date of Submission · · ' · ' · HearfngDate :" i":::i':': : !' : ..i' :':' Co ~n)mon Address(es) (S~reet Number, Stree?) -- . Tax I.D. N~ber or ComW Assi~ed P~ Nmber(s) Legal Descr/ption (a~ach additional sheets if necessa~) Name e Telephone (day) Co~omtion / Telephone (cve~g) Smt~ Zip Code Pager Ciw N~m~ Tel~phone (d~) Ad.ess ~/~' Fax A~m~ Name T~lephon~ (day) Ad.ess Fax Name ' Telephone (day) ~----'- Ad.ess Eng~eer ~ --~ 2~ ~'9~' ;~/' ~ ~c~tect Name Telephone (day): Ad.ess Fax Lan~cape ~c~tect Name Telephone (day): Ad&ess Fax Shone 847.818.5328 Fax 847.818.5329 TDD847.392.6064 Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Ill/nois, 60056 2 Code Section(s) for which Variation(s) is (are) Requested Summary and ~'ust~cation for Requested Variation(s), Relate ~ust~icatinn to the Attached Standards for Variations ~ Section 14.1704.B (building height ~< 309- The Golf Plaza II is an existing shopping center developed in the 1970's. The existing building height of the Dominiek's is 29'. Dominick's plaits to add two tower elements to provide better architectural symm~ay as ~ well as better direct customem to both of the store entrances. These changes ~e not based primarily on financial gain. Strict adherence to the 30 maximum building height would create a hardship and not allow this improvement. Dominick's is unable to demolish the front of the store to achieve the architectural enhancements andthas arc - unique to this location. Furthemaore, Dominiek's did not create the hardship. This variation will not be dettimen~ to the public welfare or injurious to other property nor alter the essential chaxacter of the neighborhood. Aisc, the proposed variation will not ~ impair an adequate supply ofli.ght and air to adjacent progeny or substantially increase congestion in the public streets, or increase the danger of fire or impair natural drainage problems on adjacent properties, or endanger public safety, or substantially diminish or ~ impair property values within the neighborhood. Please note that the application will not be accepted until t~s petition has been fully completed and all requixed plans and other materials have been satisfactoriIy submitted to the PIa,~n~n~ Division. It is s~ongly suggested that the petitioner schedule an appointment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the kffonnation contained in this petition as well as all supporting do~uraentation, it is requested that approvalbe given to t~s request. The applicant is the owa~er or authorized representative of the owner of the proper~g. The petitioner and the ova:er of the proper~y grant employees of*he Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual impection of the subject property. I hereby affm'n that ~-~rmat'~n provided h?re. in and in all materials submitted in association with this application are ~zue a~d If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of see!dug the Variation(s) described in this application and the associated supporting material. MoUnt Prospect Depar~'nent of Community Development 100 South Emerson Stxeet, Mount Prospect Illinois, 60056 3 Phone 847.8183328 Fax 847.818.5329 TDD 847.392.6064 VILLAGE OF MOUNT PROSPECT COIvlnVlUNITY DEVELOPMENT DEPARTMENT 100 S. Emerson Street Mount Prospect, Ill/nois 60056 Phone 847,818.5328 FAX 847.818.5329 Sign Variation Request Planning & Zoning Corrrnission Final L The Planning & Zoning Commission has final administrative authority for all petitions for sign variations. PETITION FOR PLANNING & ZONING COMMISSION REVIEW Common Address(es) (Street Number, Street) Tax I.D. Nmber or Legal Description (a~ach additional shee~ ff necessa~) Z Na mf//~//~/./x'? ---- ' -. Telephone Co¢orafion . Telephone (eye.g) ~ .~ S~eet Adaess Ciw~ 2~ Sure Zip Code Pager M Interest ~ Z Name, Telephone (day) S~eet Ad&ess Fax: Ci~~~ State Zip Code Pager Si~ I~taller Name i Telephone (day) Ad.ess , ~~/O Fax ,, Name Telephone (day) Ad&ess Fax ~7~ '-~ ~ ' -~.0_~ ~g~ ~ .../_..~ .... ~., .................. ~ ~ E ~ Fa~ ~c~tect Name Telephone (~7): Ad.ess Fax Landscape ~c~tect Name Telephone (day): Afl.ess Fax Phone 847.818.5328 Fax 847.818.~329 TDD 847.392.6064 Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois 2 ode Section(s) for Which Variation(s) is (are) Requested Summary and Justification for Requested Variation(s) Please note that the application will not be accepted until tl:is petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village Staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in th/s petidon and all supporting documentation, it is requested that approvalbe given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affm-n that all ~tiontrovided h~rein and in all materials accurate t° the bes:,,f~g~, Il ·' submitted in association with this application are true and Date If applicant is not property owner: I hereby designate the applicant to act as my ag.~/'6~e purpose of seeking the Variation(s) described in this application and the associated supporting rp~al. / / ,~ P ope O er Date - / Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois 3 Phone 847.818.5328 Pax 847.818.5329 TDD 847.392.6064 Section ?.30$.B.I.s. (1 wall sign per frontage)- Domir~ick's requests a wall sign on the east face of thc fuel center canopy. Thc code permits one sign per frontage per establishment. However, "the Director may authorize additional wall signs for distinct uses within an establishment, provided there is 'a separate entrance from thc extehor of thc building." The fucl center is a distinct use from the lp'occry store. Also since the fuel center is on an outlet removed from the grocery store, the kiosk's entrance is separate from that of the grocery store. Strict adherence to thc code would prevent any identification wall aignagc to both Golf Road and Route 83. Canopy signage is common to many fuel facilities throughout thc ¥illagc. In fact the code contemplates these types of situations by permitting an administrative remedy for allowing thc signage. The wall sign will farther the public convenience by previding a clear and identifiable connection between the fuel center and the grocery store. This request is unique to this property and was not created by the pc-'titioner. This variation will not be detrimental to the public ' welfare or injurious to other property aor alter thc essential character of.the ~ neighborhood. Also, thc proposed variation will not impair an adequate supply of light · and air to adjacent property or substantially increase congestion in the public sheets, or increase thc danger of fire or impair natural drainage problems on adjacent properties, or endanger public safety, or substantially diminish or impair property values w/thin the neighborhood. · ~ TOTAL PAGE.02 =~ Connoll¥, Jud~/ From: Sent: To: Subject: Nickiprn 1 @aol.com Sunday, November 17, 2002 12:04 AM jconnoll@mountprospect.org Case No. PZ-37-02 If Dominicks stays in business I might not have a problem with them putting gas pumps in the Golf Plaza lot. However, I do have several concerns I wish to share with you. I reside in the Hunt Club On The Lake Condos which are to the south (and slightly west) of the DiMucci Properties at Golf Plaza. Mr. DiMucci and his company are not very considerate neighbors. They allow semi trailer trucks and other vehicles to park at the southwest end the lot often creating an eyesore and many vehicles are left with the engine running all night (this disturbs sleep for the families down at that end of the buildings most especially in the summer or whenever the windows can be left open). This area is a~ the far south end and the south rear portion of the property. If Mr. DiMucci and his staff want to allow these people to park their vehicles on the east side of the parking lot, where there is a designated parking area, than so be it. Numerous complaints have been made over the years to the DiMucci company as well as the police department to no avail. Many of the owners, as well as the association board members feel this, as well as the poor care of the rear of the property, brings down our property values. I believe several years ago we were told an 8 or 10 foot solid fence would be put in place, but I am not sure whatever happened to that issue. with all the talk about the potential for Safeway wanting to get out of the Chicago area market, as well the impending strike by Dominick's employees, I feel this issue should be put on hold. If the stores are sold we will then ~have an eyesore on Elmhurst Rd.! There is not necessarily any other store chain that would move in there and take over the gas pumps as well as a store· greatly appreciate your taking citizens comments under consideration. Sincerely, Nicolette R. Pappas 500 Huntington Cmns. Rd. ~161 Mt. Prospect, IL 60056 (847) 439-4766 ~D'iMu~ci, Not the Best of Neighbors: Their Commercial Lots look terrible There was a notice of 'Variance' posted at the intersection of Golf and Elmhurst Rds. Doing a little research, I discovered that DiMucci is planning on putting in a gas station, I assume along Rt. 83. That being the case, I would ask if they plan on maintaining the surrounding commercial areas. I live at Hunt Club 11 Condominiums, south of the mall. For the past several winters, DiMucci has dumped a huge salt pile on their lot behind (west of) what was once the: Bowling Alley, Pharmor, Trak Auto, and most recently a Halloween store. When they needed to move the salt to other locations, they use a back loader with a scoup in front. As the back loader is backing up, it makes a very high- pitched piercing sound. Needless to say I was awakened from my sleep because of this intense noise. Today, there are a variety of semi-tractor trucks who routinely park there all hours of the day and night. When the residents here complain, DiMucci does nothing to rid the lot of these trucks. (The trucks are not engaged with or doing business with any of the stores in the mall.) The lot there has been neglected for years and looks inviting to these transient truckers who do not seem to have to pay for the privilege to park in the Village. The person or company who owns these trucks has about 6 or 7 tractor truck cabs that they move around to different lots in Mt. Prospect, If you care to, these trucks can be seen parked in the lot East of the Hobby Lobby, the lot North of the Amoco station at Dempster and Elmhurst, the lot behind Dominicks and other parking lots in DesPlaines also. What we would like DiMucci to do is to tow these transient trucks out of his lots and continue to tow them until they stop using these lots as their own personal parking areas. The police state, that if DiMucci tells them to, they can tell the drivers not to park trucks in his lots... In the colder months these trucks will run all night long. We would like the Police to be more pro- active. If they see a truck parked there, they only have to listen for a little while until the truck's engine starts and runs for about 10 minutes. So, if they see a truck parked there, they should know that the noise will stad soon after the residents have turned in for the night. Then when the engine does start, I get awakened and try to return to sleep. Only to no avail. If the residents call the police, they say the truck(s) are not running. When they arrive that is true. It is only after they leave that the engines restart and run again. (The residents do get the impression that the police could care less if our neighborhood turns into and looks like a dump, after all, they don't live here. If they did, the trucks would have been long gone...))) Why is Mt Prospect a haven for transient truckers; is there a mandate in the village charter stating that we must accommodate transient commercial vehicles parking in the village? DiMucci has not done anything about this situation because the residents here have complained about the salt piles and his very loud trucks coming and going all hours of the day and night as needed in winter time. I think the lot should be rezoned for residential, that way some fat real estate developer can put up townhouses so that the residents here can look at residential dwellings instead of a dump. So, I suggest that you ask DiMucci if they intend to improve these circumstances before granting the variation approval... ',ANL 125102 126102 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE AND VARIATIONS FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GOLF AND ELMHURST ROADS (GOLF PLAZA II) WHEREAS, DiMucci Companies (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use and Variations with respect to property located at the southwest corner of Golf and Elmhurst Roads, (hereinafter referred to as the "Subject Property") and legally described as follows: LEGAL DESCRIPTION: Lots 1,2,3 in DiMucci's Resubdivision of Lots 3-7, both inclusive, in Juhnke's Subdivision of part of the NE ¼ of Sec. 14, Township 41 Nor[h, Range 11 East of the Third Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on February 27, 1979 as Doc# 3077963, in Cook County IL. Also, Lot 1 in Juhnke's Subdivision of Part of the NE ¼ of Sec. 14, Township 41 Nor[h, Range 11 East of the Third Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on April 16, 1952 as Doc# 1399754, in Cook County, IL. Property Index Number: 08-14-204-023-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit for a Planned Unit Development (PUD) for an outlot fuel center, as provided in Section 14.203.F.7 of the Village Code; and WHEREAS, the Petitioner seeks Variations from sections of the Zoning Ordinance, as provided in Section 14.203.C.7 of the Village Code, to allow the construction of two (2) 33.17' (mid-point measurement) entrance features on the Dominick's fa(;ade; and WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ-37-02 before the Planning and Zoning Commission of the Village of Mount Prospect on the 21s~ day of November, 2002, pursuant to proper legal notice having been published in the Mount prospect Journal & Topics on the 6t~ day of November, 2002; and WHEREAS, the Planning and Zoning Commission has submitted its findings and a positive recommendation to the President and Board of TrusteeS in support of the request being the subject of PZ-37-02; and Page 2/3 PZ-37-02 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a Planned Unit Development, and Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ON E: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit for a Planned Unit Development to allow the construction of an outlot fuel center; and SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant Variations to allow two (2) 33.17' (mid-point measurement) entrance features on the store fa(;ade and for multiple freestanding signs, as provided in Section 14.203.C.7 of the Village Code, all as shown on the Site Plan dated November 26, 2002, a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: Prior to the issuance of a building permit relative to the Conditional Use permit and Variation, the following conditions and/or written documentation shall be fulfilled: 1. Revise the landscape plan to reflect an increase in the quantity and density of bushes along the north property line (Golf Road); 2. Revise the plans prepared by Kurtz Associates, the site plan prepared by WC Doland Engineering, and the Site Landscape Plan prepared by WC Doland Engineering to reflect: · Eliminating the parking stalls on Elmhurst Road between the LaSalle Bank and Boston Market developments to create a 20-foot wide landscape area and a 26-foot wide drive aisle parallel to EImhurst Road for this section of the parking lot; · Interior landscape islands shown on the Site Landscape Plan prepared by WC Doland Engineering revision date November 26, 2002 and that the islands measure no less than 7-feet in width; and · Landscape islands for the west section of the parking lot instead of the painted islands shown; 3. Construct the fuel center according to Building and Fire Code regulations related to fuel dispensing; and Page 3/3 PZ-37-02 4. Record a cross access easement agreement between Lots 1, 2, and 3 of the DiMucci Resubdivision. SECTION FIVE: 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 SIX: 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 ,2002. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk AN 1~ £003 EO:3S FR DOMINICKS REAL EST S30 891 57E0 TO Si84781853£S Po01/01 Dominlck' 711 lor%e Boulevard Oak Brook, illinois 60523-2246 Janua~ 16, 2003 Mr. William Cooney, AIci~ Director of Community Development %qllage of Mt. Prospect 100 South Emerson Street Mt, Prospect, IL 60056 RE: Golf plaza II ,.Conditioval Use & Variafion~ Sent via US Mail & Fax: 84%818-$329 Dear Mr, Cooney: Please be adv/sed that Domirfick's withdraws the above referenced petkion. If you have any questions or concerns, please do not hesitate to contact me at 630491-5844. Sincerely, David F. Hene, AICP Real Egtate Manager .. TOTAL~ PAGE.O1