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5. NEW BUSINESS 2/4/03
illage of Mount Prospect Community Development Department MEMORANDUM DATE: JANUARY 31, 2003 SUBJECT: PZ-34-02 - MAP AMENDMENT & RESUBDIVISION 705-791 E. RAND ROAD DENNIS NUDO - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve a map amen f resubdivision for the above properties. The proposal is described in detail in the attached staffreport. The Planning & Zoning Commission heard the request at their January 23, 2003 meeting. The Planning & Zoning Commission discussed the proposed rezoning and noted that changing the zoning classification for that portion of 791 E. Rand Road which contained the parking lot ("Outlot A') from R2 Attached Single Fmnily Planned Unit Development to B3 Community Shopping was required as part of the previously approved townhome development project. In addition, consolidating the parking lot with the existing commercial use at 705 E. Rand Road was required as part of the townhome project. The P&Z heard a brief statement from the petitioner's representative about the case and there was no further comment or discussion from members of the audience. After a brief discussion, the Planning & Zoning Commission voted 6-0 to approve the proposed map amendment to rezone a portion of the property at 791 E. Rand Road from R2 Planned Unit Development to B3 Community Shopping. The P&Z voted 6-0 to approve the plat of resubdivision that consolidates the existing commercial property (705 E. Rand Road) with that portion of 791 E. Rand Road designated as "Outlot A" (shown as a parking lot on the attached site plan). Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 4, 2003 meeting. Staff will be present to answer any questions related to this matter. V~illiam J! C(~oney, Jl~, A'ICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ~34-02 Hearing Date: January 23, 2003 PETITIONER: Dennis Nudo attorney for owners of subject properties 1700 Higgins Road, Suite 650 Des Plaines, 1L 60018 PROPERTY ADDRESS: 705-791 E. Rand Road PARCEL NUMBER: 03-35-300-007 PUBLICATION DATE: January 8, 2003 REQUEST: Rezone a portion of the R2 property to B3 and resubdivide it with the B3 lot (hair salon) MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Stedz Keith Yonngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Richard Valentino, attorney for Insignia Homes, LLC Mark Janeck, Insignia Homes, LLC Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Joseph Donnelly made a motion to approve the minutes of the November 2I meeting, seconded by Keith Youngquist. The November meeting minutes were approved 5-0, with one abstention by Joseph Donnelly. At 7:41, Mr. Rogers introduced Case No. PZ-34-02, a request for rezoning and resubdivision and said the case would be Village Board final. Judy Connotly, Senior Planner, said the subject property is located on the west side of Rand Road, at the intersection of Rand Road and Louis Street. It includes three lots of record that consist of two vacant lots and a commercial lot, which contains a hair salon and parking lot. She said that the vacant lots were recently rezoned and granted conditional use approval to allo~v the construction of a 20-unit townhome planned unit development. As part of the project, a parking lot will be constructed to serve the existing commercial use directly north of the townhome development. In order to construct the parking lot, a portion of the land recently rezoned for townhomes needs to be rezoned to commercial. Also, the property line has to be changed so the parking lot is consolidated with the existing commercial property, which is the hair salon. Ms. Connolly presented the site plan for the townhomes that was approved by the Village Board in August 2002. She said that the parking lot labeled "Outlot A' is part of the land rezoned to R2 Attached Single Family Residence Planned Unit Development. She said that in order to comply with Village Codes, "Outlot A" must be rezoned from R2 to B3 Community Shopping and that the property line has to be changed so the parking lot is 'merged' with the hair salon property. Ms. Connolly noted that relief from zoning bulk regulations was granted as part of the original PUD approval. The proposed rezoning and plat of resubdivision will result in two new lots of record. The plat and new lots comply with development code requirements and the petitioner is not seeking any relief from Village regulations. lanning & Zoning Commission PZ-34-02 Arlene Juracek, Chairperson , Page 2 Ms. Connolly said that the proposed rezoning was required as part of an earlier project approval granted by the Village Board. She said that the plat of resubdivision is complete and has been prepared in accordance with the Development Code requirements. Therefore, staff recommends approval of the rezoning and resubdivision of the Tenuta Subdivision for the properties located at 705-791 E. Rand Road, Case No. PZ-34-02. The Village Board's decision is final for this case. Vice Chairman Rogers asked if the petitioner was in the audience and if they wanted to address the Commission. Richard Valentino, attorney for Insignia Homes and the petitioner, was sworn in. He said that the proposal to rezone and resubdivide the properties was required by the Village Board. He said that he would answer any questions from the Planning & Zoning Commission. There was a brief discussion among the Commissioners and Mr. Rogers closed the public hearing at ;:7 .~ 50 i' Leo Floros moved to approve rezoning the property as requested at 705-791 E. Rand Road, Case No. PZ-34-02. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None Motion was approved 6-0. At 9:34 p.m., after hearing another case, Leo Floros made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretar~ ~/' Juc~ '(2 onnolly,!/S e~tic[r Plainer Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 34 -02 LOCATION: PETITIONER: OWNERS: PARCEL #s: LOT SIZE: ZONING: LAND USE: REQUEST: 705-791 E. Rand Road Dennis Nudo Louis & Ann Marie Tenuta and Paul Spiewak 03-35-300-029 & 024 and 03-35-300-007 2.29 acres B3 Community Shopping and R2 Attached Single Family Residence Hair salon and a vacant lot (recently approved for a townhome development) Rezone a portion of the R2 property to B3 and Resubdivide it with the B3 lot (hair salon) LOCATION MAP Thaver Street 5- Henry Street Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE IURACEK, CHAIRPERSON FROM: IUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 16, 2003 HEARiNG DATE: JANUARY 23, 2003 SUBJECT: PZ-34-02 - REZONING AND PLAT OF RESUBDIVISION 705-791 E. RAND ROAD (TOWN'HOMES & LOUIS ANTHONY HAIR SALON) BACKGROUND A public hearing has been scheduled for the January 23, 2003 Planning & Zoning Commission meeting to review the application by Dennis Nudo (the "Petitioner"), who represents the owners of the properties located at 705-791 E. Rand Road (collectively the "Subject Property"). The 791 E. Rand Road site was recently rezoned and granted Conditional Use approval to allow the construction of a 20-unit Townhome Planned Unit Development. As part of the project, a parking lot .will be constructed to serve the existing commemial use directly north of the townhome development. In order to construct the parldng lot, a portion of the land recently rezoned for townhomes has to be rezoned to commercial. The property line also has to be changed so the parking lot is consolidated with the existing commercial property, the hair salon. The P&Z hearing was properly noticed in the January 8, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owaers within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRiPTION The Subject Property is located on the west side of Rand Road, at the intersection of Rand Road and Louis Street, and includes three lots Of record (two vacant lots and a commercial lot that contains a hair salon and parking lot). SUMMARY OF PROPOSAL As you recall, the Village recently granted approval for a townhome development on the southern portion of the property (see attached ordinance). The proposed rezoning and plat of resubdivision (which was a specific condition of the original townhome project approval) will result in two new lots of record. The plat and new lots comply with Development Code requirements and the Petitioner is not seeking any relief fi.om the Development Code or further relief fi.om the Zoning Ordinance (variations were granted in conjunction with the PUD approval). The attached site plan indicates the final PUD design approved by the Village Board in August 2002. The parking lot labeled "Outlot A" is part of the land rezoned to IL?. AttacheO Single Family Residence. In order to comply with Village Codes, "Outlot A" must be rezoned from R2 to B3 Community Shopping and the property line has to be changed so the parking lot is 'merged' with the hair salon property. Relief from zoning bulk regulations was granted as part of the original PUD approval. Z-34-02 Planning & Zoning Commission meeting January 23, 2003 Page 3 RECOMMENDATION The proposed rezoning was required as part of an earlier project approval granted by the Village Board. The plat of resubdivision is complete and has been prepared in accordance with the Development Code requ'trements. Therefore, staff recommends approval of the rezoning and Tenuta Subdivision for the properties located at 705- 791 E. Rand Road, Case No. PZ-34-02. The Village Board's decision is final for this case. Iconcur: William J. Cdoney, AICP, IDi~ector of Community Development ount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PLANNING AND ZONING COMMISSION VILLAGE ENGINEER DECEMBER 10, 2002 PZ-34-02, TENUTA SUBDIVISION ("THE GLEN"; 791 EAST RAND ROAD) The Engineering Division has reviewed the Plat of Resubdivision for the subject property; and finds it meets all requirements and is acceptable. The Engineering Staff has no objections and approves of the proposed resubdivision. PROJECT LOCATION becker X:\FiLE S\E NGI N E ER\EEV-EN G\TheGlen\PZ-34-02~Ap~3~ 1 .doc ORDINANCE NO. 5268 AN ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 791 EAST RAND ROAD Passed and approved by the President and Board of Trustees the 20~ day of August, 2002 Published in pamphlet form by authority of the corporate authorities of the Village of · Mount Prospect, Illinois, the 21st day of August, 2002 ORDINANCE NO. 5268 AN ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 791 EAST RAND ROAD WHEREAS, Mark Janeck, d/b/a Insignia Homes (hereinafter referred to as "Petitioner') has filed a petition for Variations and a Conditional Use permit in the nature of a Planned Unit Development with respect to property located at 791 East Rand Road, (hereinafter referred to as the "Sulsject Preper[7') and legally described as follows: Parcel 1: Part of the Northwest Quarter of the Southwest QuaKer of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing in the west line of said Northwest QuaKer of the Southwest QuaKer at a point which is 359 feet north of the southwest corner of said Northwest Quarter of the Southwest QuaKer; thence east parallel with the south line of said Northwest QUaKer of the Southwest QuaKer for a distance of 223.85 feet to an intersection with the center line of Rand Road; thence northerly along said center line for a ~distance of 71.69 feet; thence west parallel with the south line of said Northwest Quarter of the Southwest QuaKer for a distance of 188.19 feet to an intersection with the west line of said Northwest QuaKer of the Southwest QuaKer;, thence south for a distance of 62 feet to the place of beginning, in Cook County, Illinois; Parcel 2: Parcet of land in the Northwest QuaKer of the Southwest Quarter of section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois described as follows: commencing atthe southwest corner of said Northwest Quarter of the Southwest QuaKer;, thence north along the west line of said Northwest .QuaKer of the Southwest QuaKer for a distance of 359 feet; thence east paraliel with the south line of said Northwest QuaKer of the SOuthwest QuaKer for a distance of 223.85 feet to an intersection with the center line of Rand Road; thence southerly along said centeriine for a distance of 414.99 feet to an intersection with the south line of said Northwest QuaKer of the Southwest QuaKer; thence west along said south line for a distance of 430.28 feet to the place of beginning, containing 105,868 square feet (2.4304 acres) of land, more or less, southwesterly of southwesterly line of Rand Road. Property Index Number(s): 03-35-300-007 03-35-300-004 and 79'[ E. Rand Road Page 2/'4 WHEREAS, the Petitioner seeks a Conditional Use permit for a Planned Unit Deveiopment for a twenty (20) unit townhome development, as provided in Section 14.502 of the Village Code; and WHEREAS, the Petitioner seeks Variations from the Village Zoning Code to allow 4'x8' front stoops at each townhome unit, and a 7.5' parking setback along the north property line, as provided in Section 14.1105.B of the Village Code; and WHEREAS, a Public Hearing was held on the request for a Conditional Use and Variations being' the subject of PZ-13-02 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23~ of May, 2002, and on the 27th day of June, 2002, pursuant to proper leg~al notice having been published in the Mount Prospect Journal & Topics on the 8~ day of May, 2002; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendation to the President and Board of Trustees in support of the requests being the subject of PZ-13-02; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have.given consideration to the requests herein and have d.etermined that the same meets the standards of the Viliage and that the granting of the proposed Conditional Use permit and Variations 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 ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do .hereby grant a Conditionat Use permit for a Planned Unit Development for a twenty (20) unit townhome development, as provided in Sect[on 14.203.F.7 of the Village Code; and SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant Variations 'from the Village Zoning Code to allow the construction 4'x8' front stoops on each townhome unit, and a 7.5' parking setback along the north property line, as provided in Section 14.203.C.7 of the Village Code; and 791 E. Rand Road ' ' Page 3/4 SECTION FOUR: Pdor to the issuance of a building permit relative to the Conditional Use permit and Variations, the following conditions and/or written documentation shall be fulfilled: 1. Development of the site in general conformance with the submitted site plan prepared by Haeger Engineering, revision date August 14, 2002, revised to show: · Driveways constructed of concrete; 2. Landscape plan prepared by Haeger Engineering, revision date August 14, 2002, but revised to reflect: ~ , · Berrns scattered along the Rand Road frontage; · Shallower detention basin; · Increased landscaping along the Rand Road fmntege: clustering plantings is acceptable, but the quantity and species of plants must provide continuous screening from Rand Road; · Shade trees with a caliper no less than 3"; · Foundation landscaping; 3. Elevations presented at the June 27th Planning & Zoning meeting that show additional brick and vinyl siding (no Drwt) prepared by Bloodgood Sharp Buste .rt and measure no more than 28-feet from the mid-point; 4. Submit a Plat of Subdivision creating two lots of record for the subject prOperty and the adjacent 705 East Rand Road prOperty; 5. Dedicate right-of-way along Louis Street, Thayer Street, and Rand Road as required by Village Code; 6. Improve Louis Street as required by the Development Code; 7. Improve Thayer Street with the termination of paving done in a mannerthat does not impede access to the property south of the townhome development with a design approved by the Engineering Division; 8. Approval of appropriate permits by I.D.O.T. and M.W.R.D.; 9. Submittal of final building plans that meet all applicable Building Code, .. Fire.Code, and Development Code. requirements which include but are not limited to: · PrOvide hydrants on-site as determined necessary by the Villege's Fire Code, Fire Prevention Bureau, and Public Works; · Buildings are to constructed according to' BOCA 1996 regulations; · All construction must meet the Village's Building and Fire Codes; 10. Install fire sprinklers in each townhome unit; t 1. Association documents shall restrict storage in garages to ensure that two vehicles may be parked in the garage at all times; 12. The private street shall not be dedicated to the Village in the future and the plat must state this requirement; 791 E, Rand Road Page 4/4 13. Townhome owners must sign an affidavit that states they understand the property south of the townhome development is commercial and will remain a commercial use. SEC.T. ION FI.VE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder. of Deeds of Coqk County. SECTION SI.X: 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: Corcoran, Hoefert, Lohrstorfer, Wilks, Zadel NAYS: Skowron, Fadey ABSENT: None PASSED and APPROVED this 20~ day of August, 2002. INSIGNIA HOMES Townhomes Mt. Prospect, Illinois ,INSIGNIA HOMES Townhomes Mt. Prospect, Illinois NOI~TH .% \ \ \ \ \ \ ~_.q~HAEG..,q~,ER EqGI~ERI~ G VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT ~ Ping Division lO0 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat of Resubdivision Application Case Number PZ Subdivision Name/Address Date of Submission Hearing Date Petitioner - Name Telephone (day) Dennis Nudo, Attorney (847) 825-0103 Corporation Telephone (evening) Street Address Fax 1700 giggius Road, Suite 650 (847) 825-6020 City State Zip Code Pager Des Plaints IL 60018 Interest in Property: circle one Owner ~ PropertY Owner - Name TelePhone (day) Louis and Ann Marie Tenuta (847) 394-8210 Corporation Telephone (evening) S~eet Address Fax: 705 Rand Road City State Zip Code Pager/Mobile Mt. Prospect IL 60056 Surveyor/Engineer Name Haeger Engin. / Len Kleinjian Telephone(day) (847) 394-6600 Address 191lA Rohlwin~ Road Fax (847) 394-6608 Rolling Meadows~ IL 60008 UBDIVISION NAME REAL ESTATE INDEX NO.: 0 REAL ESTATE INDEXNO.: 0 LOCATION OR ADDRESS: LAND USE: EXISTING commercial ZONING: EXISTING R-1 TOTAL ACREAGE: TOTAL # OF LOTS: Teuuta Subdivision 3 -- 3 5 -- 3 0 0 -- 0 2 9 3 3 5 3 0 0 0 0 4 705 Rand Road, Mt. Prospect, IL 60056 GROSS PROPOSED: PROPOSED: commercial B-3 Number of dWelling units: Single Family:__ Multifamily. TWNHS If requesting an exception to Development Code requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affmn that ail information provided b. erein and in all materials submitted in association with this application are true and Applicant //~/t~ Date t~/o~) ~.-.-~ If applicant is not property owaer: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Mount Prospect Departmep. t of Community Development 100 South Emerson Street, Mount Prospeqt Illinois Phone 847.818.5328 Fax 847J118.5329 TDD 847/392-6064 V LLAGE OF MOUNT PROSPECT COMMT_rtVITY DEVELOPMENT DEPARTs'WENT - Plarming Division 100 S. Emerson Street Mount ProspecT, Illinois 60056 Phone 847-818-5328 FAX 847-818-5328 Map Amendment Request DevelopmentName/Addreas · . · . · · : Date of Submission . Heating Date Common Address(es) (Street Number, Street) 705 Rand Road, Mt. Prospect Site Area (Ac.) Current Zoning Proposed Zoning : To:al Building gq. F:. (Proposed) R-1 3-3 -O- Proposed Deveiopme=t and Land Use Parking lot and landscaping Setbacks (Prop,) Front Ram~ Side Side Building Heigfa*. Loz Coverage (%) # of Park/rig Spaces ~/A 20 Tax I.D. Number or County Assigned Pm Number(s) 03 35 300 00~ Legal D~acnp~on (attach add~t~o~mI sheets ~fnecesaary) Corporation % I Teiephun~ (evening) State ~ Zi~ Code [ Pager Mt. Prospect IL ~ 60056~ Inter~s~ m Pro~e~, ' contract purchaser N~e Telephone (~y) Dennis Nude. Aerorney (847) 825-0103 Tet~hone (eye.g) Co~oradon S~eet Ad.ess , Fax: 1700 Higgins Road, Suite 650, (847) 825-6020 CiB~ State Zip Code ~' ~ Pager Des Plaines IL 60018 Developer Name N/A Telephone (~y) Ad.ess Fax Attorney ~ Telephoae (day) N~ Same as Pe[itio~er Ad&ess F~ Surveyor N~e Haeger Assoc. Tei~hone (~y) (847) 394-6600 Ad.ess 1911A'Rohlwifig Road F~ (847) 394-6608 Rolling Meadows. IL 60008 Engineer Same as Su~eyor N~ Telephone (day) Ad.ess F~ ~chitect N/A N~e Telephone (~y): Ad.ess Fax Landscape ~c~tect N/A N~e Telephone (day): Ad.ess F~ Mount Prospect Department of Community Development ' ' Phone 847,818.5328 100 South Emerson S~eet, Mount Prospect Illinois Fax 847.818.5329 ~oposea Zonm= Chanse R-1 to ]5-3 Describe the Justification z%r the Proposed Map Amendment As part of the adjacent Insignia Homes PUD petition and development orocess, the Village ]soard decided to allow the subject parcel to be used for parking and landscaping. The parcel was agreed to be combined with the existing commercial property (Tenure Hair Salon) to increase viability of the commercial parcel and relieve parking problems on Louis Street. Descn%e in Demit the Buildings and Activities Proposed (attach additional Sheers if necessury) Twenty(20) space parking lot (asphalt), landscaping. 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 satis:%ctorily submitted to the Plo,ming Division. Incomplete submittals wi!l not be accepted. It/.~ strongly suggested that the petkiouer schedule an appointment with the appropriate Village staff so that materials canbe reviewed for accuracy and completeness at the time of submittal In consideration of the information contained in this petition as well as all suppo~ng documentation, it is requested that approval be g/van 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 Mourn Prospeot and their agents permission to enter on the properly during reasonable homa 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/Ty~j~_:" If ~pplioant iz uot property owner~ I hereby designate the applicant to act as my agent for the purpose of see!ring the Variation(s) described in this application and the associated supporting material. Mount Prospect Depammnt of Commmgty Devolopment I00 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.8t8.5329 TDD 847/392-6064 NSIGNIA HOMES January 27, 2003 William Cooney Director Of Community Development Village of Mount Prospect 100 South Emerson Mount Prospect, IL 60056 RE: PROPOSED DEVELOPMENT WEST SIDE OF RAND ROAD Dear Bill: Insignia formally requests the waiving of the second reading of the rezoning required for the Tenuta Final Plat that is scheduled to take place on February 18, 2003. The first reading is scheduled for February 4, 2003. As you know, the Plan Commission approved the Tenuta Final Plat unanimously last week. Please let me know if this waiver is possible. Sincerely, Mark Janeck Vice President Land Acquisition and Planning 35 XJZ Slade Street ° Palatine IL 60067 ° Ph: 847-963-0885 ° Fax: 847-963-0667 kad 1/27/03 1/31/03 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS 791 EAST RAND ROAD WHEREAS, Dennis Nudo (hereinafter referred to as Petitioner), has filed an application to rezone certain property generally located at 791 East Rand Road (hereinafter referred to as Subject Property); and WHEREAS, the Subject Property is legally described as shown on the legal description, attached hereto and made a part hereofas Exhibit "A"; and WHEREAS, Petitioner has requested the Subject Property be rezoned from R-2 PUD (Attached Single Family Residence Planned Unit Development) District to B-3 (Community Shopping) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ Case No. 34-02, before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of January, 2003, pursuant to due and proper notice thereof having been published in the Journal and Topics Newspaper on the 8th day of January, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to approve the request, to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ 34-02 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. .SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from R-2 to B-3 (Community Shopping) District. 791 E. Rand Road Page 2/3 SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this dayof ,2003. ATTEST: Gerald L. Farley Village President Kimberly Dewis Deputy Village Clerk H:/GENifiles\W[N/ORDINANC\REZONE 705-791 E Rand Road ¢eb2003 doc 791 East Rand Road Page 3/3 EXHIBIT "A" 791 EAST RAND ROAD LEGAL DESCRIPTION: The south portion of Lot 1 in Tenuta's Subdivision having a point of beginning which is 198.87' south from the northernmost point D Lot 1, then South 75', then S 89044'55" E 119.90', then North 18° 41'11" E 43.45' the N60%0'18" W 39.38', then S 89° 44'55" 114.39' to the point of beginning. INSIGNIA HOMES Townhomes Mt. Prospect, Illinois OUTLOT A ............. t:-H-A YE-R S;?R-E E T _ kad 1,'24/03 RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLATOF RESUBDIVISION FOR PROPERTIES LOCATED AT 705-791 EAST RAND ROAD WHEREAS, the Petitioner, Dennis Nudo, has requested approval of a Final Plat of Resubdivision for the purpose of subdividing three lots to create two lots of record at 705-791 East Rand Road; and WHEREAS, the Planning and Zoning Commission has recommended approval of the resubdivision. 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 resubdivision of three tots into two lots of record is hereby granted for the properties at 705-791 East Rand Road and the Final Plat of Resubdivision attached to this as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part o( this Resolution. SECTION TWO: That the Viltage Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this dayof ,2003. ATTEST: Gerald L. Farley Mayor Kimberly Dewis Deputy ViIlage Clerk 'HA YER ~TREET 0 LOT f ~ illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JANUARY 31, 2003 PZ-41-02 - CONDITIONAL USE (PORCH) 112 N. EASTWOOD AVENUE ANDREW CIABATTARI - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-41-02, a request for an unenclosed covered porch, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their January 23, 2003 meeting. The subject property is located in a single-family residential neighborhood. The proposed porch would encroach 5-feet into the front yard and extend the entire length of the house. The porch would be constructed from wood and have an overhang, railings, and columns. The proposed pomh requires Conditional Use approval because it encroaches into the 30-foot front setback. The Planning & Zoning Commission discussed the petitioner's plans for a second story addition, possible tree preservation in the backyard, and noted that the porch and addition complied with zoning regulations. The Planning & Zoning Commission members voted 6-0 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of an unenclosed covered porch 25-feet feet from the front property line at 112 N. Eastwood Avenue, Case No. PZ-41-02. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 4, 2003 meeting. Staff will be present to answer any questions related to this matter. William J~ C(~on~y, Jr., A~CP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-41-02 Hearing Date: January 23, 2003 PETITIONER: Andrew Ciabattari PROPERTY ADDRESS: 112 N. Eastwood PARCEL NUMBER: 03-34-318-016 PUBLICATION DATE: January 8, 2003 REQUEST: Conditional Use approval for a porch in front yard MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Sledz Keith Youngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Andrew Ciabattari Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Keith Youngquist made a motion to approve the minutes of the November 21 meeting, seconded by Merrill Cotten. The November meeting minutes were approved 5-0 with Joseph Donnelly abstaining from the vote. At 7:51, Mr. Rogers introduced Case No. PZ-41-02, a request for Conditional Use approval to construct a front porch, and said the case would be Village Board final. Judy Connolly, Senior Planner explained that the subject property is located on Eastwood between Thayer and Henry Streets. She said that it contains a single-family residence with related improvements. The existing home is currently set back approximately 30-feet from the front lot line, 6-feet from the south side lot line, and 16-feet from the north side lot line. The petitioner plans to add onto the existing home by extending it to the west, adding on a second story, and installing a wooden 'wrap-around' porch. Ms. Connolly said that the proposed porch would encroach 5' into the required front yard, which requires Conditional Use approval. The petitioner modified the proposed project by eliminating a deck. Therefore, the project meets the 50% lot coverage limitation and complies with zoning regulations. Ms. Connolty reported the standards for Conditional Uses as listed in the Zoning Ordinance and said that staff found the proposed porch would not adversely affect the character of the surrounding neighborhood, utility provision or public streets and the proposed conditional use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. She said that based on these findings, staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed pomh to encroach 5-feet into the required front yard for the residence at 112 N. Eastwood Avenue, Case No. PZ-41-02. The Village Board's decision is final for this case. Vice Chair Rogers asked the petitioner to detail the project. Andrew Ciabattari, 112 N. Eastwood, was sworn in. He clarified the Commissioner's questions regarding the driveway width shown on the various exhibits and answered lanning & Zoning Commission PZ-41-02 Arlene Juracek, Chairperson Page 2 questions regarding possible tree preservation in the back yard. The Commissioners noted that the addition would blend with the home and would help update the look of the house. Mr. Rogers closed the public hearing at 8:00. Leo Ftoros moved to approve a conditional use to allow a porch in the front yard at 112 N. Eastwood, Case No. PZ-41- 02. Merrill Cotten seconded the motion. UPON ROLL CALL: Motion was approved 6-0. AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None At 9:34 p.m., after hearing another case, Leo Floros made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary ffYudy Co~{nolly, Senior Planner, k-~ // Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 41 -02 LOCATION: 112 N. Eastwood PETITIONER: Andrew Ciabattari OWNER: Andrew Ciabattari PARCEL#: 03 -34-318-016-000 LOT SIZE: 0.17 acres (7,255 square feet) ZONING: KA Single Family Residence LAND USE: Single Family Residential REQUEST: Conditional Use - Porch in front yard LOCATION MAP Isabella Street 217 220 215 ,,,218 216 213 214 211 212 209 210 207 208 2O6 205 204 203 2O2 201 200 221 220 219 218 217 216 215 214 213 212 211 210 209 208 207 206 '205 204 203 202 201 200 Tha 119 120 108 107 106 105 104 ret ~treet 121 120 109 108 107 106 105 104 103 102 221 220 219 218 217 216 215 214 213 212 ~,~ 209 208 207 206 2~5 204 203 202 201 200 221 220 219 218 217 216 215 214 213 212 211 210 209 208 207 206 205 204 203 202 201 200 '¥it no 109 108 107 106 103 102 121 120 109 108 107 106 105 104 103 102 Henry Street Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 16, 2003 HEARING DATE: ~ANUARY 23, 2003 SUBJECT: PZ-41-02 - CONDITIONAL USE (PORCH) 112 N. EASTWOOD AVENUE (CIABATTARI RESIDENCE) BACKGROUND A public hearing has been scheduled for the January 23, 2003 Planning & Zoning Commission meeting to review the application by Andrew Ciabattari (the "Petitioner") regarding the property located at 112 N. Eastwood Avenue (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction of a new porch in the front yard. During staff review, it was determined that the project required relief from the Village's zgning regulations due to the proposed amount of lot coverage. The P&Z hearing was properly noticed in the January 8, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sigr, on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Eastwood Avenue, between Thayer and Henry Streets, and contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. The existing home on the Subject Property is currently set back approximately 30-feet from the front lot line (30.26') and 6-feet from the south side lot line and 16-feet from the north side lot line. SUMMARY OF PROPOSAL The attached exhibits outline the Petitioner's plans for the proposed addition and unenclosed front porch. The proposed improvements include extending the house to the west (rear), a second story addition, and installing a wooden porch. The proposed porch would encroach 5' into the required front yard, thus requ'ffing Conditional Use approval. GENERAL ZONING COMPLIANCE As previously noted, the existing home and addition comply with zoning regulations. The petitioner has agreed to modify the proposed addition by eliminating a deck, thus meeting the 50% lot coverage limitation. The table on the following page compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirements. Z-41-02 Planning & Zoning Commission meeting January 23, 2003 Page 3 RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 30.26' 25.00' Interior 5' 16.05' north & 11.05' 6' south no change Rear 25' 77' 53'4" LOT COVERAGE 50% Maximum 47% 50% CONDITIONAL USE STANDARDS 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 with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposal would not adversely affect the character of the surrounding neighborhood, utility provision or public streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. RECOMMENDATION The proposed unenclosed porch meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach 5-feet into the required front yard for the residence at 112 N. Eastwood Avenue, Case No. PZ-41-02. The Village Board's decision is f'mal for this case. I concur: !!!5.?~o!ey/~, AI~-~C, D~irector o f Community Development VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Case Number P&Z Development Name/Address Date of Submission Hearing Date Address(es) (Street Number, Street) Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Setbacks: Front Rear Side Side Building Height Lot Coverage (%) Number of Park~g Spaces Adjacent Land Uses: North South East West Tax I.D. Number or Co~ Assigned P~ N~ber(s) Legal Description (a~ach additi0nal sheets if necessa~) )~nor, b*;n,~ ~ 3~,b&~V,'s;on Name Telephone (day) ~nctreW ~. O_',o~bcc++4ri ~ (&3OD "7'/4- glqq Corporation Telephon~e (evening) Street Address Fax )1 :Z AI.¢LI 4-cOood City State Zip Code Pager Interest in Property Name Telephpne (day) Corporation Telephone (evening) qT) _-:a, q2-- 5s2o Street Address Fax: City State Zip Code Pager r'c'& ,0cospe c~ ~SL ~oo OS¢ Developer Name Telephone (day) Address Fax Attorney Name Telephone (day) Address Fax Surveyor Name Telephone (day) Address Fax Engineer Name Telephone (day) ~ ~1 Address Fax Architect Name r~O~f'i U~ ~r"nOV;.-~$ Telephone (day): (~9 ~>O~) Landscape Architect Name Telephone (day): Address Fax Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ?posed Conditional Use (as listed in the zoniug district) Describe in De~il ~e Buddings ~d Activi~es Proposed ~d How ~e ProPosed Use Mee~ ~e A~ached S~dar& for Conditional Use Approval (a~ch additional sheets if necessa~) Pu~ing on ~e ~ont ~d side porch will complete the farm s~le renovation we will be doing to o~ home. ~e ~ont porch will se~e as a new gathering place, for my family and will br~g the nei~borhood closer together. It will also bring value ~d curb appeal to o~ co~uniW. PuRing on the porch will br~g a touch of co~t~ living to the busy time in our lives. Hours of Operation Address(es) (S~e.et Nmber, S~eet) Setbacks: Front Rear Side Side Buildhg ~ei~ht Lot Coverage (%) N~ber of Par~g Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time o f submittal. In consideration of the information contained ia this petition as well as all support'mg 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 Momat Prospect and their agents penuission 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 tree and accurate to the b~.o/f i~j)mowledgeb/-/"~//~. Applicant ~'~ ~ f/---~f./f/g~/--~ Date // If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in tiffs application and the associated supporting material. : Property Owner Date Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Kad 1/27/03 ORDINANCENO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 112 NORTH EASTWOOD AVENUE WHEREAS, Andrew Ciabattari (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit with respect to property located at 112 North Eastwood Avenue (hereinafter referred to as the "Subject Property"), and legally described as follows: Of Lot 5 in Block 18 in Prospect Manor being a Subdivision of part of the South of the West ½ of the West ½ of Sec. 34, Township 42 North, Range 11, E. of the 3rd Principal Meridian, in Cook County, Illinois Property Index Number: 03-34-318-016 and WHEREAS, the Petitioner seeks a Conditional Use permit to construct an unenclosed porch encroaching five feet (5') into the required front yard setback; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ Case No. 41-02 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of January, 2003, pursuant to proper legal notice having th been published in the Mount Prospect Journal & Topics on the 8 day of January, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ 41-02; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use 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 ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/2 112 N. Eastwood Avenue ,SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.8 of the Village Code, to allow the construction of an unenclosed porch encroaching five feet (5' into the required front yard setback, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: That 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 andAPPROVEDthis day of ,2003. ATTEST: Gerald L. Farley Village President Kimbedy Dewis Deputy Village Clerk H:/GEN~files\WIN\ORDINANC\ConUse,112 N Eastwood,porch,setback,feb 03.doc t" ZZ'O" illage of Mount Prospect Community Development Department MEMORANDUM 1 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 31, 2003 SUBJECT: PZ-43-02 - TEXT AMENDMENT INCREASE STOOP SIZE The Planning & Zoning Commission transmits their recommendation for a text amendment to the Zoning Ordinance, Case PZ-43-02, to modify the definition of a stoop from 5'x5' to 8'x5' as described in detail in the attached staffreport. The Planning & Zoning Commission heard the request at their January 23, 2003 meeting. The Planning & Zoning Commission noted that the maximum depth that a stoop could encroach into the required yard would not change. They discussed the aesthetic benefits of allowing a larger stoop and compared the proposed text amendment to some cases recently reviewed by the Commission and Village Board. Following this discussion, the Planning & Zoning Commission voted 6-0 to approve the proposed text amendment that changes the definition of a stoop and would allow 8'x5' stoops to encroach into the required yards. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 4, 2003 meeting. Staff will be present to answer any questions related to this matter. MINUTES OF TIlE REGULAR MEETING OF TIlE PLANNING & ZONING COMMISSION CASE NO. PZ-43-02 Hearing Date: January 23, 2003 PETITIONER: Village of Mount Prospect 100 S. Emerson Street PUBLICATION DATE: January8, 2003 REQUEST: Text Amendments (stoop size) MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Sledz Keith Youngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Keith Youngquist made a motion to approve the minutes of the November 21 meeting, seconded by Merrill Cotten. The November meeting minutes were approved 5-0, with one abstention by Joseph Donnelly. At 9:25, at'cer hearing four cases, Mr. Rogers introduced Case No. PZ- 43-02, a request for Text Amendments to the Village Code, and said the case would be Village Board final. Judy Connolly, Senior Planner, described the requested Text Amendment. She explained that the Planning & Zoning Commission has previously reviewed requests to allow stoops and stoops with canopies larger than the existing size limitations listed in the zoning ordinance. As a result of recent inquiries, staff researched whether the Village's existing regulations regarding stoops needed to be updated. Ms. Connolly said that the Village's current limitations allow open stoops and canopies that measure no more than 5'x5' to encroach into required yards. Steps and service walks up to 5 feet in width are also permitted encroachments in required yards and are not included as part of the overall stoop size. Prior to the adoption of the current regulations, the Village's zoning ordinance did not contain any limitations with regards to the size of stoops and canopies. She said that since the adoption of the current stoop/canopy regulations, the Village has received several requests to construct front stoops larger than the 5' x 5' size permitted by code. Also, staffhas witnessed a trend among homeowners who want to update the front of their houses without doing an extensive addition. One of the most common ways of accomplishing an 'update' is to install a new front door and covered entryway. Staffresearched the larger stoop/covered entryway design in more detail, which included obtaining ~industry feedback'. Ms. Connolly presented pictures that illustrated the ~before' and ~after' of installing a new stoop, front door and windows. The pictures showed how a larger stoop with an unenclosed covered entryway provides architectural relief and helps update a front facade. She said that a contractor who specializes in this type of home improvement project provided the pictures. Miss Connolly said the existing 5-foot width limitation could accommodate a standard front door width, which is typically 36 inches wide. However, it limits the options for a front door with sidelights, which are windows on either side of the door, or a double door. She said that staff recommends that the Village's definition ora stoop be modified to allow a maximum width of 8-feet, while maintaining the existing maximum depth limitation, which is the amount of the encroachment into the required front yard, of 5-feet. The 8-foot width will allow some design flexibility, but limit the stoop area to a size that will not negatively impact the neighboring properties or surrounding area. She said that lanning & Zoning Commission PZ-43-02 Arlene Juracek, Chairperson Page 2 stoops larger than 8-feet wide and/or 5-feet deep would exceed the suggested size limitations and require either a variation or conditional use approval from the Planning & Zoning Commission and the Village Board. Ms. Counolly reported that he Zoning Ordinance lists specifics standards for the P&Z to consider for text amendments and reviewed the standards. She said that the proposal to increase the maximum stoop size permitted to encroach into the fi'ont yard to 5'x 8' would be applicable on a community-wide basis and would not create non-conformities for existing stoops. The larger width dimension would not adversely affect the character of the community and would not make the Zoning Code more permissive. Ms. Connolly said that the proposed text amendment maintains the same scope of encroachment into the front yard, but allows homeowners the design flexibility to make improvements that have minimal impact on the neighboring properties. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a text amendment to Sec. 14.240i, which contains the definition of a stoop, which reads: "STOOP: A platform at the entrance to a building with maximum dimensions of ~.'~ feet (5') eight feet (8') of width and five feet (5') of depth" for Case No. PZ-43-02. The Village Board's decision is final for this case. Merrill Cotten said that if the text amendment were approved, would unenclosed stoops with overhead roofs still come before the Board. Ms. Counolly said only stoops larger than 8'x5' would come before the Board. Mr. Rogers closed the public hearing at 9:30. Joseph Donnelly moved to approve a text amendment to Section 14.2401 of the Zoning Ordinance to read ~'STOOP: A platform at the entrance to a building with maximum dimensions of 5';c fcct (5') eight feet (8') of width and five feet (5') of depth", Case No. PZ-43-02. Matt Sledz seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None Motion was approved 6-0. At 9:34 p.m., after hearing another case, Leo Floros made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Juc~p ~o nno ~ ly~ ~el~io r"l~ ant~er ~ Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 16, 2003 HEARING DATE: SUBJECT: JANUARY 23, 2003 PZ-43-02 - TExT AMENDMENT (STOOP SIZE) VILLAGE OF MOUNT PROSPECT BACKGROUND A public hearing has been scheduled for the January 23, 2003 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner") for proposed amendments to the Village's zoning regulations regarding stoops (Sec. 14.2401 of the Zoning Ordinance). The P&Z hearing was properly noticed in the January 8, 2003 edition of the Journal Topics Newspaper. SUMMARY OF PROPOSAL As you are aware, the Planning & Zoning Commission has previously reviewed requests to allow stoops/canopies larger than the existing size limitations within the Village's Zoning Ordinance. Based on some recent inquiries, staff began to question whether the Village's existing regulations regarding stoops warrant modification. To assist in your review of this issue it is important to understand the Village's current limitations with regards to stoops and canopies. The Village's Zoning Ordinance (Sec. 14.306.E.I) allows open stoops and canopies to encroach into required yards; however, the maximum size of the permitted encroachment is five feet (5') in width and five feet (5') in depth. It is also important to note that s;~eps and service walks/sidewalks (not exceeding 5 feet in width) are also permitted encroachments in required yards and are not included as part of the overall stoop size. The Zoning Ordinance's existing stoop/canopy limitations were part of a Village initiated text amendment in 1999. Prior to the adoption of the current regulations, the Village's Zoning Ordinance did not contain any limitations with regards to the size of stoops and canopies. Since the adoption of the current stoop/canopy regulations, the Village has received several requests to construct front stoops larger than the 5' x 5' size permitted by code. Two recent requests for larger stoops included ZBA-34-2000 (6.5' wide by 4' deep) and PZ- 38-02 (7' by 7'). Staff has witnessed a trend among homeowners who want to update the front of their houses without doing an extensive addition. One of the most common ways of accomplishing an 'update' is to install a new front door and covered entryway. Staff has researched the larger stoop/covered entryway design in more detail. A contractor who specializes in this type of home improvement project provided the attached exhibits, which illustrate some of todays most popular stoop designs. The pictures illustrate how a larger stoop with an unenclosed covered entryway provides architectural relief and helps to update a home's front facade. To help provide some design fiexibility while also eliminating the need for formal review and approval, Staff recommends that the Village's definition of a stoop be modified to allow a maximum width of 8-feet, while Z-43-02 Planning & Zoning Commission meeting January 23, 2003 Page 2 maintaining the existing maximum depth limitation (encroachment into the required front yard) of 5-feet. The suggested increase in width will allow some design flexibility, but still limit the stoop area to a size that will not negatively impact the neighboring properties or surrounding area. The existing 5-foot width limitation can accommodate a standard front door width (typically 36 inches); however, it does not accommodate those wishing to install either a front door with sidelights (windows on either side of the door) or a double door (approximately 72 inches wide). Those wishing to construct a stoop that would exceed the suggested size limitations (g-feet wide by 5-feet deep) would require either a variation or conditional use approval from the Planning & Zoning Commission and the Board of Trustees. STANDARDS FOR TEXT AMENDMENTS Section 14.203.D.8.b lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: · The general applicability of the amendment to the community, rather than an individual parcel; · Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; · The degree to which the amendment would create non-conformity; · The degree to which the amendment would make the Zoning Code more permissive; and · Consistency of the amendment with Village policy as established by previous rulings. The proposal to increase the maximum stoop size permitted to encroach into the front yard to 5'x 8' would be applicable on a community-wide basis and would not create non-conformities for existing stoops. The larger width dimension would not adversely affect the character of the community and would not make the Zoning Code more permissive. The proposed text amendment maintains the same scope of encroachment into the front yard, but allows homeowners the design flexibility to make improvements that have minimal impact on the neighboring properties. RECOMMENDATION The proposed text amendment meets the standards contained in Section l&203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a text amendment to Sec. 14.2401 that reads: STOOP: A platform at the entrance to a building with maximum dimensions of fi. vt fcct (5') eight feet (8') of width and five feet (5') of depth. for Case No. PZ-43-02. The Village Board's decision is final for this case. I concur: W!}!!!.~"~Co~n;y, !i~'~Cp,~ D~. e!o~ o f Community DevelOpment Kad 1/27/03 eh 1/30/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (Board of Trustees of the Village of Mount Prospect) has field an application for certain text amendments to Chapter 14 (Zoning) ofthe Village Code of Mount Prospect to amend various regulations; and WHEREAS, a Public Hearing was held on the proposed amendments, being the subject of PZ Case No. 43-02, before the Planning and Zoning Commission on January23, 2003, pursuant to due and proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th dayof January, 2003; and WHEREAS, the Zoning Board of Appeals has submitted its findings and positive recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given consideration to the requests being the subject of PZ 43-02. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The foregoing recitals and the recommendations of the Planning and Zoning Commission are incorporated as ~fndings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Section 14.2401 entitled "Definitions" of Chapter 141 as amended, is herebyfurther amended by deleting the paragraph that de§nes "Stoop" and substituting the following so that the definition of"Stoop" located in Section 14.2401 shall be and read as fellows: 14,2401 STOOP: A platform at the entrance to a building '~ith a maximum dimension of eight feet (8') width and five feet (5') in depth, SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Kimbedy Dewis, Deputy Village Clerk H:\GEN\files\WIN\ORDINANC\CH 14-2401StoopDefinitionAmdOrd,doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: CONSOLIDATE TWO LOTS TO CREATE A ONE-LOT SUBDIVISION VILLAS SERVES - NEPCO, 1NC. The Plamfing & Zoning Commission transmits their recommendation to approve a plat of resubdivision as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their January 23, 2003 meeting. The Planning & Zoning Commission discussed the plat and how consolidating the two lots of record to create a one-lot subdivision was required as part of the townhome development project approved in August 2002. They noted that the petitioner was not seeking relief from Village Codes and that the plat was prepared according to the Village's Development Code regulations. The Planning & Zoning Commission voted 6-0 to approve the plat of resubdivision for the property located at 1060 W. Northwest Highway. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 4, 2003 meeting. Staffwill be present to answer any questions related to this matter. William J. I2ooney, Jr., IAICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-20-02 Hearing Date: January 23, 2003 PETITIONER: Nick Papanicholas, NEPCO Inc. 240 E. Lincoln St, PROPERTY ADDRESS: 1060 W. Northwest Hwy. PARCEL NUMBER: 03-33-407-007&03-33-407-008 PUBLICATION DATE: JanuaryS, 2003 REQUEST: Plat ofResubdivision - Consolidate to create a one-lot subdivision MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Matthew Sledz Keith Youngquist Richard Rogers, Vice Chairperson MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, A1CP, Senior Planner Michael Jacobs, AICP, Deputy Director of Conm~unity Development INTERESTED PARTIES: Robert A. Judge Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Keith Youngquist made a motion to approve the minutes of the November 21 meeting, seconded by Merril Cotten. The November meeting minutes were approved 5-0 with Joseph Donnelly abstaining from the vote. At 7:33, Mr. Rogers introduced Case No. PZ-20-02, a request for plat consolidation to create a one-lot subdivision, and said the case would be Village Board final. Judy Connolly, Senior Planner, summarized the case. She explained that the site was recently rezoned and granted conditional use approval to construct townhomes. One of the conditions of the project approval required the petitioner to consolidate the site to a one-lot subdivision. She said that the subject property is located at the corner of Northwest Highway and Dale Avenue. It is now zoned R2 Attached Single Family and the t0wnhomes are under construction. Ms. Connolly said that the proposed plat of resubdivision seeks to create one lot of record. The plat and new lot complies with development code requirements and the petitioner is not seeking relief from the Village's development code or zoning ordinance. Therefore, staff recommends approval of the resubdivision for the property located at 1060 W. Northwest Highway, Case No. PZ-20-02. The Village Board's decision is final for this case. Mr. Rogers closed the public hearing at 7:40. There was brief discussion about the progress of the townhome development. Commission members noted that the plat was a "housekeeping issue" and that the plat was not seeking relief from code regulations. Joseph Donnelly moved to approve a conditional use to create a one-lot subdivision for the property at I060 W. No~hwest Hwy, Case No. PZ-20-02. Merrill Cotten seconded the motion. lanning & Zoning Commission PZ-20-02 Arlene Juracek, Chairperson Page 2 UPON ROLL CALL: Motion was approved 6-0. AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Sledz NAYS: None At 9:34 p.m., after hearing four more cases, Leo Floros made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connoll~, 'AIt~P;~emor Planner V Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 20 -02 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 1060 W. Northwest Highway Nick Papanicholas Nick Papanicholas, NEPCO Inc. 03-33-407-007-000 & 03-33-407-008-0000 1.I acres R2 Attached Single Family Residence Former Office Building - Currently under construction (7-unit Townhome Development) Plat of Resubdivision - Consolidate to create a one-lot subdivision LOCATION MAP illage of Mount prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JLrRACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JANUARY 16, 2003 I-[EARING DATE: JANUARY 23, 2003 SUBJECT: PZ-20-02 - PLAT OF RESUBDIVISION 1060 W. NORTHWEST HIGHWAY (VILLAS OF SEVRES TOWNHOMES) BACKGROUND A public hearing has been scheduled for the January 23, 2003 Planning & Zoning Commission meeting to review the application by NEPCO, Inc (the "Petitioner") regarding the property located at 1060 W. Northwest Highway (the "Subject Property"). The site was recently rezoned and granted Conditional Use approval to construct townhomes, at which time consolidating the site to a oneqot subdivision was included as a condition of approval. The P&Z hearing was properly noticed by posting a Public Hearing sign on the Subject. Property. PROPERTY DESCRIPTION The Subject Property, which is now zoned R2 Attached Single Family, is located at the comer of Northwest Highway and Dale Avenue. The Village recently granted approval for a seven-unit townhome development, (Ordinance 5256) which is currently under construction. SUMMARY OF PROPOSAL The proposed plat of resubdivision seeks to create one lot of record. The plat and new lot complies with Development Code requirements and the Petitioner is not seeking relief from the Village's Development Code or Zoning Ordinance. RECOMMENDATION The proposed plat of resubdivision is complete and has been prepared in accordance with the Development Code requirements. Therefore, staff recommends almroval of the Villas of S'evres Resubdivision for the property located at 1060 W. Northwest Highway, Case No. PZ-20-02. The Village Board's decision is final for this case. I concur: William J. (gooney, AICP,pir~ctor of Community Development VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat of Resubdivision Application Z Case Number .~ pz ~'~ Subdivision Nme/Address ~ Date of Submission aa Hearing Date Petitioner - Name Telephone (day) Nic~, ¢,~,a~lic~io~s CA1 - ~q+ ~,~ov C~rporafion Telephone (evening) S~eet Ad.ess Fax City State Zip Code Pager Interest in Prope~: ckcle one ~ Buyer Proper~ Owner - Name Tel~hone (~y) Comoration Telephone (eye.g) S~eet Ad'ess Ci~ State Zip, Code Pager~obile Su~eyor~n~neer . ~m: : :l : _~ A il..: u~e,)~( ~:~o::(~v) b~. ~b' ~4 UBDIVISION NAME REAL ESTATE INDEX NO.: REAL ESTATE INDEX NO.:. LOCATION OR ADDRESS: LA.DUSE:EXISTING ~ ZONING: EXISTING TOTAL AC~AGE: ~' ~ __--5 5 ._4v ? __a o 7 __-- 9 S _40 q __ s o ~' TOTAL # OF LOTS: GROSS PROPOSED: PROPOSED: Number of dwelling units: -7 Single Family:__ Multifamily, If requesting an exception to Development Code requirements, list request and explain why it is necessary: TWNHS~ Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affu'm that ail information provided herein and in all materials submitted in association with this application are tree and accurate t° the ~Lt~/~mY kn°wle!~.~g~'.,~ ~._,, . . Applicant ],' Date lt';'o ~ If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 TDD 847/392-6064 ount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PLANNING AND ZONING COMMISSION VILLAGE ENGINEER DECEMBER 10, 2002 PZ-20-02, WLLAS OF S' EVRES, IN~. PLAT OF CONSOLIDATION (1160 WEST NORTHWEST HIGHWAY) The Engineering Division has reviewed the Plat of Resubdivision for the subject proper~y, and finds it meets all requirements and is acceptable. The Engineering Staff has no objections and approves of the proposed resubdivision. X:\FILES\ENGIN EER~F~EV-E N G\VillasO fServes\PZ-20-02~App-1 .doc Kad 1/27/03 RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLATOF RESUBDIVISlON FOR PROPERTY LOCATED AT 1060 WEST NORTHWEST HIGHWAY WHEREAS, the Petitioner, Nick Papanicholas, has requested approval of a Final Plat of Resubdivsion for the purpose of creating one single lot of record at 1060 West Northwest Highway; and WHEREAS, the Planning and Zoning Commission has recommended approval of the resubdivision. 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 resubdivision creating one lot of record is hereby is hereby granted for the property at 1060 West Northwest Highway and the Final Plat of Resubdivision attached to this as Exhibit "A' is hereby approved for appropriate execution and recording Such Plat and its legal description are incorporated into, and made a part o~' this Ordinance. SECTION TWO: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this dayof ,2003. ATTEST: Gerald L. Farley Mayor Kimberly Dewis Deputy Village Clerk E OUND .~. N go'o0'o0' E 200. O0 10 FT, PUDLIC DRAINAGE & UTILITY 25 FOOT BUILDING SETBACK LINE [ TO BE SURVEYED AND RESUBDIVID~D AS [~£IN SET FOURTH AND DO HER£BY STYLE AND TITLE THEREON SHOWN. 10,0' From: ~tringofpea~ls03@aol.com [mailto:Stringofpeads03~aol.com] Sent: Monday, .January 27, 2003 ~.2:28 PM To: jconnoll@mountprospect.org Subject: String of Pearls Preschool - Co~nditional Use Application, Withdra~wl Hello Judy. I was notified this morning by the owner of the property at 1150 Northwest Highway that there are issues regarding our leasing the space that can not be resolved. As a result, contract negotiations have ceased and we will no longer pursue operating our business at this location. Therefore, it is with regret that I respectfully request our application for a conditional use permit be withdrawn. would appreciate an emaif reply confirming your receipt of this request. Thank you again for your support throughout the permit process. I hope we find another location in Mount Prospect and look forward to working with you again. Sincerely, Michael Moreno 1/30/2003 illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM FROM: DIRECTOR OF FINANCE DATE: JANUARY 24, 200S SUBJECT: TAX ABATEMENT - G.O. BONDS SERIES 2003 f PURPOSE: To present for the Village Board s cons*derat'on an ord'nance abat'ng the 2002 tax levy requirements of the recently approved $12,235,000 General Obligation Bonds, Series 2003. BACKGROUND: On January 21, 2003 the Village Board approved Ordinance No. 5301 authorizing the issuance of $12,235,000 general obligation bonds to fund a portion of the construction costs of the new village hall/community center and parking structure. Ordinance No. 5301 provides for a 2002 tax levy of $915,036.46 to pay principal and interest on the bonds for the year ending December 31,2003. DISCUSSION: The 2003 approved budget authorizes the transfer of $926,677 from the Street Improvement Fund to the G.O. Series 2003 Debt Service Fund to cover the principal and interest for calendar year 2003. This was discussed and approved as part of the funding strategy discussions on the new village hall. As you recall, over the next four years we are going to be transferring what in essence is excess fund balance from the General Fund and the Street Improvement Fund to cover a portion of the debt service on the Series 2001 Bonds and these Series 2003 Bonds. This action will allow a modest tax increase to take place between now and 2007 when various existing debt will be fully retired thereby freeing up some property tax money for the new debt. Attached is an ordinance that would abate the 2002 tax levy requirement of Ordinance No. 5301. If this abatement ordinance is not approved and filed with the Cook County Clerk, the County will extend the $915,036.46 provided for in the bond ordinance in addition to the amount previously levied by the Village this past December, resulting in an unexpected, very large tax increase for Mount Prospect taxpayers. RECOMMENDATION: It is recommended the Village Board approxe the attached ordinance. DOUGLAS R. ELLSWORTH, CPA DIRECTOR OF FINANCE ORDINANCENO. AN ORDINANCE TO ABATE THE TAXES LEVIED FOR DEBT SERVICE ON THE $12,235,000 GENERAL OBLIGATION BONDS, SERIES 2003, OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the __ day of ,2003 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the day of ., 2003. ORDINANCE NO. AN ORDINANCE TO ABATE THE TAXES LEVIED FOR DEBT SERVICE ON THE $12,235,000 GENERAL OBLIGATION BONDS, SERIES 2003, OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY i, 2002 AND ENDING DECEMBER 31, 2002 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: Section One: follows: A. The President and Board of Trustees of the Village of Mount Prospect find as That pursuant to Village Ordinance No. 530I adopted January 21, 2003 and authorizing issuance of general obligation bonds for financing a portion of the costs of constructing a new village hail and community center as well as a multi-level parking deck there was levied for the year 2002 the sum of $915,036.46 for bond principal and interest payments. That as of December 1, 2002 there has been collected, deposited to and on hand in the Street Improvement Fund the sum of $915,036.46 for application to bond principal and interest payments for the bonds issued pursuant to Village Ordinance No. 5301 adopted January 21, 2003. That the 2003 Approved Budget provides for a transfer of $926,677 from the Street Improvement Fund to the G.O. Series 2003 Debt Service Fund to cover the principal and interest payments to come due in calendar year 2003. Section Two: It is hereby declared and determined by the President and Board of Trustees of the Village of Mount Prospect that the amount of $915,036.46 levied for G.O. Bond and Interest payments for the purpose of financing a portion of the costs of constructing a new village hall and community center and parking deck pursuant to Ordinance No. 5301 be and the same is hereby abated in the amount of $915,036.46 being the entire amount levied for such bond and interest payment purposes for the fiscal year commencing January 1, 2002 and ending December 31, 2002. Section Two: Village Ordinance No. 5301 is hereby amended with respect to the tax abatements declared herein and set forth in Section Two of this Ordinance. Section Three: The Village Clerk of the Village of Mount Prospect is hereby authorized and directed to file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois within the time specified by law: Section Four: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form and filing as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2003. ATTEST: Gerald L. Farley, Village President Kimberly A. Dewis, Deputy Village Clerk 2 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE ~lOftl JANUARY 24, 2003 TRANSFER OF PRIVATE ACTIVITY BOND VOLUME CAP PURPOSE: To present for the Village Board's consideration an ordinance that would reserve and transfer the Village's 2003 private activity bond volume cap to Stern Brothers & Co. DISCUSSION: The Internal Revenue Code allows state and local governments to issue tax-exempt debt for the benefit of certain qualified pdvate development projects. These projects include the acquisition or construction of industrial facilities and apartments for Iow and moderate-income families. The amount of such private activity debt issued in any given year cannot exceed the equivalent of $75 per resident. The Village's private activity bond volume cap is currently $4,219,875. According to the regulations, any volume cap not used or committed by a municipality by April 30th iS automatically transferred to the state government. If a community does not have any specific projects that would qualify for the tax exempt financing, it can cede, or transfer, the volume cap to another community. Over the past several years, it has become common for municipalities to transfer their unused volume cap to other municipalities in exchange for a fee. The fee is actually paid by the ultimate beneficiary of the tax-exempt financing. The amount of the fee paid depends upon the economy and the current interest rate environment. For the past few years, the average fee has been between 1% and 2%. The Village of Mount Prospect ceded its authority to other governments the past four years. We recently received a request from Stern Brothers and Co. to cede our entire 2003 volume cap to them to assist in the financing of an affordable multi-family housing project in the Village of Matteson. Stern Brothers is willing to pay to the Village a fee of 2%, or $84,397'.50, upon adoption of the attached ordinance. We did cede our volume cap to Stern Brothers last year and the process went very smoothly. 003 Private Activity Bond Volume Cap Januaw 24,2003 Page 2 The Village has not been approached by any company interested in our volume cap for a project in Mount Prospect. Nor have we been approached by any other investment banker about ceding our 2003 volume cap to them. SUMMARY: The Village has a total of $4,219,875 of private activity bond volume cap to use or transfer between now and April 30th. Stern Brothers & Co. has offered to purchase our volume cap to help finance an affordable multi-family housing project in Matteson. Stern Brothers has agreed to pay the Village a 2% fee, or $84,397.50. RECOMMENDATION: It is recommended the Village Board adopt the attached draft ordinance transferring the Village's private activity bond volume cap for 2003 to Stern Brothers & Co. DOUGLAS R. ELLSWORTH, CPA DRE/ Attach. I:\Private ActivityBonds\2003 CAP\Memo 1-24-03.doc ORDINANCE NO. AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS. WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the "Municipality'S, is a municipality and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code'l, provides that the Municipality has volume cap equal to $75.00 per resident of the Municipality in each calendar year, which volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 1998, 345/1 et seq., as supplemented and amended (the "Act'S, provides that a home rule unit of government may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non- home rule unit of government; and WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve all of its volume cap allocation for calendar year 2003 to be applied toward the issuance of private activity bonds (the "Bonds'l, as provided in this Ordinance, or to be transferred, as permitted by this Ordinance; NOW, THEREFORE, Be It Ordained by the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1. That, pursuant to Section 146 of the Code and the Act, the entire volume cap of the Municipality for calendar year 2003 is hereby reserved by the Municipality, which shall use or transfer such volume cap in such manner as shall be directed by Stern Brothers & Co., without any further action required on the part of the Municipality, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds or such other bonds; provided, that any such transfer shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality; provided further, that, upon the passage of the Ordinance, there shall be paid to the Municipality a fee by the obligor of the bonds of 2.00% of the volume cap so reserved. SECTION2. That the Municipality shall maintain a written record of this Ordinance in its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. SECTION 3. That the President, the Village Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. SECTION 4. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. SECTION 5. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. AYES: NAYES: ABSENT: PASSED and APPROVED this day of ., 2003. Gerald b Farley, Village President ATTEST; [SEAL] Kimbedy A. Dewis, Deputy Village Clerk -2- 30 West Huron Street Suite 500 East Chicago, /llinois 60610 Tel: 312 664. 5656 Fax: 312. 664. 5650 SternBrothers&Co. Investment Banking Since 1917 January 20, 2003 Mr. Douglas R. Ellsworth Director of Finance Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Re: Matteson Glyns Apartments, Matteson, IL Dear Mr. Ells~vorth: Stem Brothers & Co. is working with the Village of Matteson and Affordable Housing Partners, a developer of affordable multifamily housing, to acquire land and construct an affordable senior housing project in Matteson, Illinois. The project, Matteson Glyns Apartments, is a 150-unit apartment complex which will serve the need for affordable senior housing in and around Matteson and create more than 20 construction jobs primarily drawn from the immediate area. Toward that end, we are seeking 2003 volume cap from Illinois home rule communities to assist Matteson in financing the project. We intend to raise approximately $10 million of private activity bonding authority to finance the acquisition price of the land and costs of renovation. We will compensate the Village a fee of 2.00% ($84,397.50) based on a population of 56,265 for committing the 2003 bonding authority in the amount of $4,219,875 to this worthy project. The Village will be paid for the bond cap upon the passage of the ordinance. Please call me with a date convenient for you to schedule the reservation ordinance, a copy of which is attached, for board review and passage. I look forward to hearing from you. Sincerely, David S. Rasch Managing Director enclosures Chicago · St. Louis * Kansas City * Sr. Petersburg * Tampa------'-'--'----- illage of IV]ount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES VILLAGE MANAGER JANUARY 31,2003 REVISED CONFLICT OF INTEREST DISCLOSURE STATEMENT At the January 14, 2003 Committee of the Whole meeting, the Mayor and Board of Trustees reviewed the Village's conflict of interest Disclosure Statement which is required to be filed annually and under other certain circumstances, as part of the Village's Conflict of Interest rules and regulations. The discussion centered on concerns that had been raised with respect to the breadth of the Ethics Disclosure Statement. The focus of the discussion was to more narrowly word the questions so as not to be as intrusive while still assuring a Village official is neither doing business with the Village nor receiving any benefit from the Village that is not available to any other resident on the same basis. The result of that discussion was several minor modifications which are presented here for your consideration and, if acceptable, adoption. MEJ/rcc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Subparagraph 1 of Paragraph F entitled, "Disclosure Statements," Section 8.115, entitled "Conflicts of Interests" of Chapter 8, Village Government, Miscellaneous Provisions of the Mount Prospect Village Code shall be deleted in its entirety and a new Subparagraph 1 shall be inserted in lieu thereofwhich shall be and read as follows: 1. All public officials shall file with the Village Clerk a verified Disclosure Statement, responding in detail to the following questions in the following form: DISCLOSURE STATEMENT A. Do you or your spouse have any interest in real property lying within the corporate limits of the Village of Mount Prospect? If your answer is in the affirmative, state the following: Nature of Interest in Such Real Property Commonly Known (Owner, Joint Owner, Permanent Real Address of Rea] Tenant, Beneficiary Estate Tax Property Trustee, etc.) Identification Number B. Do you or any member of your immediate family own five-percent (5%) or more of any business entity that does business with the Village? . Are you or any members of your immediate family an officer or director of any such business entity? . If your answer to either of the foregoing questions is in the affirmative, state the following: Name of Business Entity Nature of Your Relationship to Business Entity Type of Product of Service Rendered by Business Entity For purposes of the Disclosure Statement "immediate family" shall mean the official's spouse, dependent children or others claimed bythe official as dependents for federal income tax purposes. C. If you have a source of income that sells Goods or Services to the Village, please identify that source below: Source of Income I, (printed name) , declare that the foregoing statements have been examined by me and are to the best of my knowledge and belief, true, correct and accurate. I am aware of the requirements and availability of the Municipal Code of the Village of Mount Prospect and Statutes of the State of Illinois per[aining to conflicts of interest, income disclosures, and misconduct by public office holders. I understand that the penalty for willfully attesting to a false disclaimer is a fine not to exceed five hundred dollars ($500.00), removal from office, or both. Name Date: ,20__ Subscribed and Sworn to before me this Notary Public SECTION 2: __ day of .(SEAL) ,20 . Sub-subparagraphs (a), (b), (c), (d) and (e) to Subparagraph 2 of Paragraph F entitled, "Disclosure Statements", Section 8.115, entitled "Conflicts of Interests" of Chapter 8, Village Government, Miscellaneous Provisions of the Mount Prospect Village Code shall be deleted in their entirety and new Sub-Subparagraphs (a) (b) and (c) shall be inserted in lieu thereof which shall be and read as follows: a. Any candidate for elective public office within the Village government shall file, with the Village Clerk, at the time of filing his or her nominating petition. b. Any person appointed as a public official shall file his or her disclosure statement prior to appointment, if required to do so bythis ordinance. c. Any other public official, elected or appointed, shall file his or her disclosure statement annually on or before May 1. 2 SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __. dayof ,2003. ATTEST: Gerald L. Farley, Village President Velma Lowe, Village Clerk C:\MyFiles\Mp\ORDS\Ch8.SecS. 115.DisclosureStatementamd.ord.v, pd 3 illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PURPOSE: MICHAELJANONIS, VILLAGE MANAGER DIRECTOR OFFINANCE JANUARY29,2003 SIMPLIFIED TELECOMMUNClATIONSTAX To present two ordinances for the Board's consideration amending the Village Code to reflect the new Simplified Telecommunications Tax. BACKGROUND: The Village has previously been imposing a 3.3% telecommunications tax and a 1% infrastructure maintenance fee. In February of 2002 the Governor signed into law P.A. 92-05626, entitled the Simplified Telecommunications Tax Act, which combines the telecommunications tax and the infrastructure maintenance fee into one tax and transfers the collection and enforcement of said tax to the State of Illinois Department of Revenue. The new tax took effect January 1, 2003. DISCUSSION: The Village Attorney was asked to draft the ordinances amending the Village Code to reflect the new simplified telecommunications tax and to delete the telecommunications tax and the infrastructure maintenance fee. Attached hereto are the ordinances he has provided. The new tax rate is being set at 4.25% instead of 4.3% due to the fact the legislation requires that the simplified telecommunications tax be imposed in one-quarter percent increments. The current Village Code provides that the telecommunications tax was to be lowered from 3.3% to 2% on October 1,2004. The Simplified Telecommunications Tax legislation provides that the rate can only be changed effective on July 1 or January 1 of any given year. Given this fact, the attached ordinance provides that the rate weuld be reduced from 4.25% to 3.0% on January 1, 2005. RECOMMENDATION: It is recommended the ordinances be adopted. I:\Taxes\telecomm\corresp\Simplited Ord 1-29-03.doc DOUGLAS R, ELLSWORTH, CPA DIRECTOR OF FINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT BY THE AMENDMENT OF ARTICLE XV OF CHAPTER 8, IMPOSING A SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX AND REPEALING ARTICLE IX OF CHAPTER 6 WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the "Village") is a home-rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village imposes certain taxes and fees related to telecommunications services; and WHEREAS, pursuant to Section 8-1 I-2 of the Illinois Municipal Code, (65 ILCS 5/8-11-2), the Village has enacted a Municipal Utility Tax Ordinance, (Ordinance No. 4615, as amended), which imposes a telecommunications tax; and WHEREAS, on February 8, 2002, the Governor of the State of Illinois signed into law Public Act 92-0526, entitled the Simplified Municipal Telecommunications Tax Act, providing that effective January 1, 2003, the municipal telecommunications tax (and the municipal telecommunications infrastructure maintenance fee) will be replaced with a simplified municipal telecommunications tax at a rate of up to 6% of gross charges in municipalities; and WHEREAS, this Ordinance is intended to implement the provisions of Public Act 92-0526, including the imposition of the simplified telecommunications tax in lieu of the existing telecommunications tax; and WHEREAS, the simplified telecommunications tax will have the benefit of easing burdens on businesses by reducing the number of filings and payments required each year; and WHEREAS, this Ordinance is intended to impose the tax authorized by the Act providing for a single municipal imposed telecommunications tax which will be collected by the Illinois Department of Revenue; NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: iManage 98733 1 Section 1. The facts and statements contained in the preamble to this Ordinance are found to be true and con'ect and are hereby adopted as part of this Ordinance. Section 2. Article XV of Chapter 8 of the Code of Ordinances of the Village of Mount Prospect, Cook County, Illinois, shall be deleted in its entirety and a new Article XV of Chapter 8 shall be inserted and shalI be and read as follows: ARTICLE XV SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX Sec. 8-1501 DEFINITIONS. As used in this Chapter, the following terms shall have the following meanings: "Amount paid" means the amount charged to the taxpayer's service address in this municipality regardless of where such amount is billed or paid. "Department" means the Illinois Department of Revenue. "Gross charge" means the amount paid for the act or privilege of originating or receiving telecommunications in this Village and for all services and equipment provided in connection therewith by a retailer, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at each channel point within this Village, charges for the channel mileage between each channel point within this Village, and charges for that portion of the interstate inter-office channel provided within Illinois. However, "gross charge" shall not include: (I) Any amounts added to a purchaser's bill because of a charge made pursuant to: (i) the tax imposed by this Article, (ii) the tax imposed by the Telecommunications Excise Tax Act, (iii) the tax imposed by Section 4251 of the Internal Revenue Code, (iv) 911 surcharges, or (v) charges added to customers' bills pursuant to the provisions of Section 9~221 or 9-222 of the Public Utilities Act, as amended, or any similar charges added to customers' bills by retailers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in those provisions of the Public Utilities Act; (2) Charges for a sent collect telecommunication received outside of such municipality; iManage 98733 I - 2 - (3) Charges for leased time on equipment or charges for the storage of data or information for subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement; (4) Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges; (5) Charges to business enterprises certified as exempt under Section 9- 222.1 of the Public Utilities Act to the extent of such exemption and during the period of time specified by the Department of Commerce and Community Affairs; (6) Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Article has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service; (7) Bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made); (8) Charges paid by inserting coins in coin-operated telecommunication devices; or (9) Amounts paid by telecommunications retailers Telecommunications Infrastructure Maintenance Fee Act. under the "Interstate telecommunications" means all telecommunications that either originate or ten~ninate outside this State. "Intrastate telecomnmnications" means all telecommunications that originate and terminate within this State. "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, iManage 98733 I - 3 - trustee, guardian, or other representative appointed by order of any court, the Federal and State governments, including State universities created by statute, or any city, town, county, or other political subdivision of this State. "Purchase at retail" means the acquisition, consumption or use of telecommunications through a sale at retail. "Retailer" means and includes every person engaged in the business of making sales at retail as defined in this Section. The Department may, in its discretion, upon application, authorize the collection of the tax hereby imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the Department, furnishes adequate security to insure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all of the gross charges for telecommunications in this State in the same manner and subject to the same requirements as a retailer maintaining a place of business within this State. The permit may be revoked by the Department at its discretion. "Retailer maintaining a place of business in this State", or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State. "Sale at retail" means the transmitting, supplying or furnishing of telecommunications and all services and equipment provided in connection therewith for a consideration, to persons other than the Federal and State governments, and State universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries for their use or consumption and not for resale. "Service address" means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a taxpayer. In the event this may not be a defined location, as in the case of mobile phones, paging systems, and maritime systems, service address means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. For air-to-ground systems and the like, "service address" shall mean the location of a taxpayer's primary use of the telecommunications equipment as defined by telephone number, authorization code, or location in Illinois where bills are sent. "Taxpayer" means a person who individually or through his or her agents, employees, or permittees engages in the act or privilege of originating or receiving iManage 98733 1 - 4 - telecommunications in a municipality and who incurs a tax liability as authorized by this Article. "Telecommunications", in addition to the meaning ordinarily and popularly ascribed to it, includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging ser¥ice, or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or infom'~ation by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. As used in this Article, "private line" means a dedicated non-traffic sensitive service for a single customer, that entities the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. The definition of "telecommunications" shall not include value added services in which computer processing applications are used to act on the fora-t, content, code, and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable end-to-end communications. Carrier access charges, right of access charges, charges for use of inter-company facilities, and all telecommunications resold in the subsequent provision of, used as a component of, or integrated into, end-to-end telecommunications service shall be non-taxable as sales for resale. Prepaid telephone calling arrangements shall not be considered "telecommunications" subject to the tax imposed under this Article. For purposes of this Section, "prepaid telephone calling arrangements" means that term as defined in Section 2-27 of the Retailers' Occupations Tax Act. Sec. 8-1502 SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX IMPOSED. A tax is hereby imposed upon any and all the following acts or privileges: The act or privilege of originating in the municipality or receiving in the municipality intrastate telecommunications by a person at the rates set forth in Appendix A, Division II of the gross charge for such telecommunications purchased at retail from a retailer. The act or privilege of originating in the municipality or receiving m the municipality interstate telecommunications by a person at the rates set forth in Appendix A; Division II of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multi-state taxation of the act or privilege that is subject to taxation under this subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another state on such event, shall be allowed a credit against any tax enacted pursuant to or authorized by this Section iManage 98733 to the extent of the amount of such tax properly due and paid in such other state which was not previously allowed as a credit against any other state or IocaI tax in this State. The tax imposed by this Article is not imposed on such act or privilege to the extent such act or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by the municipality. Sec. 8-1503 COLLECTION OF TAX BY RETAILERS. The tax authorized by this Article shall be collected from the taxpayer by a retailer maintaining a place of business in this State and shall be remitted by such retailer to the Department. Any tax required to be collected pursuant to or as authorized by this Article and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers shall collect the tax from the taxpayer by adding the tax to the gross charge for the act or privilege of originating or receiving telecommunications when sold for use, in the manner prescribed by the Department. The tax authorized by this Article shall constitute a debt of the taxpayer to the retailer until paid, and, if unpaid, is recoverable at law in the same manner as the original charge for such sale at retail. If the retailer fails to collect the tax from the taxpayer, then the taxpayer shall be required to pay the tax directly to the Department in the manner provided by the Department. Whenever possible, the tax authorized by this Article shall, when collected, be stated as a distinct item separate and apart from the gross charge for telecommunications. Sec. 8-1504 RETURNS TO DEPARTMENT. On or before the last day of August, 2003 and on or before the last day of every month thereafter, the tax imposed under this Article on telecommunication retailers shall be returned with appropriate forms and information as required by the Department pursuant to the Illinois Simplified Municipal Telecommunications Tax Act (Public Act 92-526, Section 5-50) and any accompanying rules and regulations created by the Department to implement the Act. Sec. 8-1505 RESELLERS. If a person who originates or receives telecommunications claims to be a reseller of such telecommunications, such person shall apply to the Department for a resale number. Such applicant shall state facts which will show the Department why such applicant is not liable for the tax authorized by this Article on any of such purchases and shall furnish such additional information as the Department may reasonably require. iManage 98733 I ~ 6 - Upon approval of the application, the Department shall assign a resale number to the applicant and shall certify such number to the applicant. The Department may cancel any number which is obtained through misrepresentation, or which is used to send or receive such telecommunication tax-free when such actions in fact are not for resale, or which no longer applies because of the person's having discontinued the making of resales. Except as provided hereinabove in this Section, the act or privilege of originating or receiving telecommunications in this State shall not be made tax-free on the ground of being a sale for resale unless the person has an active resale number from the Department and furnishes that number to the retailer in connection with certifying to the retailer that any sale to such person is non-taxable because of being a sale for resale. Sec. 8-1506 SEVERABILITY. If any provision of this Article, or the application of any provision of this Article, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this A~ticle, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless othepa4se provided by this Article. Sec. 8-1507 EFFECTIVE DATE. This Article shall be in full force and effect from and after its passage and approval and publication as required by law. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue. Section 3. Article IX, Telecommunications Infrastructure Maintenance Fee, of Chapter 6, Telecommunications Code, is hereby deleted in its entirety and Article IX shall be reserved. ADOPTED this __ day of as follows: ,2003, pursuant to a roll call vote AYES: NAYES: ABSENT: ABSTENTION: iManage 98733 APPROVED by me this day of ,2003. Gerald L. Farley, Village President ATTEST: Village Clerk iManage 98733 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX AOF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1503, entitled "Tax Imposed" of Appendix A, Division II the Mount Prospect Village Code shall be amended by deleting the current Section 8.1502 and inserting in lieu there of Section 8.1502 "Tax Imposed" to be and read as follows: Section 8,1502: TAX IMPOSED: A. Rate: 4.25% of gross charge (effective 2/4/03 through 12/31/04). B. Rate: 3% of gross charge (effective 1/1/05). SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED by me this __ day of ,2003. By: Gerald L. Farley, Village President ATTEST AND FILED in the office of the Village Clerk this day of ,2003. By: Velma Lowe, Village Clerk 2 illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: MICHAEL E. JANONIS, VILLAGE MANAGER ~ WILLIAM J. COONEY JR., DIRECTOR OF COMMUNITYDEV~EL~T JANUARY 30, 2003 SUBJECT: RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH YE OLDE TOWN INN Attached to this memorandum is an easement agreement that would grant a permanent access easement to the owner of 18 W. Busse Avenue (Ye Olde Town Inn) over and above the Village owned parcel immediately north of their property. This Village owned property will soon be improved with a surface parking lot that will serve the businesses along Busse Avenue. This easement provides tt~e current and future owners of 18 W. Busse Ave. with access to the rear of their building through the Village parking lot. The owner of 18 W. Busse Ave. has requested that the Village pass this resolution so that he may record it against his property and therefore establish a clear record of this easement. The Village has already granted this easement through the Judgment Order that was approved as part of the purchase of the rear portion of this property and has officially recorded this easement on the recently approved Prospect Place II Plat of Subdivision. Staff has no objections to the request m~d would recommend approval of the Resolution. Please forward this memorandum and attachments to the Village Board for their review and consideration at their meeting on February 4, 2003. Staffwill be present at that meeting to further discuss this matter. William J! Cooney Jim [_ :ouI qlu*molD. ~G, l*uq~;D, >loef I ~>J£N~D ~©VTIIA RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXCUTION OF AN EASEMENT AGREEMENT PURSUANT TO AN AGREED FINAL JUDGMENT ORDER PROVIDING FOR THE ACQUISITION OF PROPERTY WITHIN THE VILLAGE OF MOUNT PROSPECT DOWNTOWN REDEVELOPMENT AREA WHEREAS, the VILLAGE OF MOUNT PROSPECT, a home rule unit, pursuant to the authority of Article VII, Section 6 of the 1970 Constitution of the State of Illinois, is authorized to legislate with respect to matters pertaining to its government and affairs; and WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT authorized the filing of an eminent domain proceeding to acquire title to the Property entitled Village of Mount Prospect v .First United Trust Company, Trust No. 10510, et aL, Case No. 99 L 50674 and entry of an Agreed Final Judgment Order flied in the Circuit Court of Cook County, Illinois; and WHEREAS, the Agreed Final Judgment Order provides that the Village grant an easement for access to and egress from the remaining parcel of the property acquired by the Village (the "Easement") and to make available and provide matching funds in an ambunt not to exceed $40,000 for a fa(;ade improvement grant (in accordance with the Village of Mount Prospect's Fa(;ade Rebate Program Guidelines) for the remaining parcel of property (the "Matching Grant Funds"); and WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT have determined and declare that the granting of the Easement and the Matching Grant Funds require the exercise of powers and performance of functions pertaining to the government and affairs of the Village; and WHEREAS, the VILLAGE OF MOUNT PROSPECT is a municipality which exercises authority pursuant to the Tax Increment Allocation Redevelopment Act, Ch. 65 ILCS 5/11-74.1 et seq., as amended, (hereinafter referred to as the "Act") of the Illinois Municipal Code as set forth in the Illinois Compiled Statutes; and NOW, THEREFORE, BE IT RESOLVED by the Village Board of the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That Mayor and Village Clerk be and are authorized to execute the Easement attached hereto and made a part hereof as Exhibit A pursuant to and in furtherance of the Agreed Final Judgment Order. SECTION 3: That the Village Manager be and is hereby authorized to make available and provide for the Matching Grant Funds in an amount not to exceed $40,000 for a fa(;ade improvement grant for the remaining parcel of property pursuant to and in furtherance of the Agreed Final Judgment Order. SECTION 4: and approval according to law. AYES: NAYS: ABSENT: PASSED and APPROVED this That this Resolution shall be in full force and effect from and after its passage day of ,2003 Gerald L, Farley Mayor ATTEST: Kimberly A. Dewis Deputy Village Clerk H:\GEN\files\WIN\RES\YeOIdeTownlnnEasementResolution~013003,doc H:~ GEN ~ files \ WINk RES~ YeOtdeTownlnnEasementResol~tion-013003.doc PREPARED BY AND WHEN RECORDED RETURN TO: Village of Mount Prospect c/o Ryan and Ryan 33 North Dearborn, Suite 402 Chicago, IL 60602 GRANT OF PERMANENT EASEMENT THIS GRANT OF PERMANENT EASEMENT ("Easement") is made and entered into as of this day February, 2003 ("Effective Date"), by the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Grantor") for the benefit of FIRST UNITED TRUST COMPAN~z', as Trustee under Trust Agreement dated June 23, 1989 and known as Trust No. 10510 ("Grantee"). RECITALS WHEREAS, Grantor is the owner of record of certain property and legally described on Exhibit A and depicted on Exhibit B attached hereto(" Easement Parcel"); and WHEREAS, Grantee is the owner of certain property commonly known as 18 West Busse, Mount Prospect, Illinois and legally described on Exhibit C attached hereto ("Grantee's Parcel"); and WHEREAS, the Grantor desires to grant a permanent easement over and across the Easement Parcel to Grantee for the benefit of Grantee's Parcel and for the express purposes as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the execution and delivery of this Easement, the Grantor hereto, intending to be legally bound, hereby grants as follows: 1. RECITALS INCORPORATED BY REFERENCE. The aforestated recitals by this reference are incorporated and made part of this Easement. 2. GRANT OF PERMANENT EASEMENT. Subject to the terms of this Easement and to all matters and conditions of record, Grantor hereby grants, conveys and gives to Grantee, its successors and assigns, a non-exclusive permanent easement, in perpetuity, for the purpose of access for pedestrian and vehicular traffic, including but not limited to, access for Grantee's agents, employees, guests and invitees, over, upon and across the Easement Parcel to and from the adjacent public right of way as depicted on the cross hatched area on Exhibit B. 3. GRANTOR'S PROPERTY. Any and all construction, work, maintenance, repair or restoration of any nature whatsoever undertaken for the Easement Parcel and pavement located on or to be located on any part of the Easement Parcel shall be the Grantor's responsibility and shall be undertaken at Grantor's sole cost and expense. 4. GRANTOR'S RIGHT TO USE. Grantor, its successors, assigns, agents, employees, guests, invitees or tenants shall have the right to use the Easement Parcel for a municipal parking facility and in manner not inconsistent with the grant herein provided. 5. GRANTEE'S INDEMNIFICATION. Grantee agrees to indemnify' and hold harmless Grantor, its successors, assigns, from any and all claims, damages, liabilities, suits or actions arising from Grantee's or Grantee's agents, employees, guests and invitees use of the Easement Parcel. 6. COVENANTS RUN WITH LAND. All provisions of this Easement, including the benefits and burdens, shall run with the Easement Parcel and the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of the Easement Parcel and their respective successors, grantees and assigns. IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this Easement as of the date first written above. GRANTOR: Village of Mount Prospect Attest: By: President Village Clerk STATE OF ILLINOIS ) )ss COL~TY OF COOK ) The foregoing instrument was signed and acknowledged before me this __ day of February, 2003 by as President and as Village Clerk for the Village of Mount Prospect, Illinois for and on behalf of said Village of Mount Prospect, Illinois for the purpose aforesaid and as authorized and approved by Village of Mount Prospect Resolution No. {Seal} Notary Public Exhibit A- Exhibit B- Exhibit C - List of Exhibits Easement Parcel Easement Parcel Depiction Grantee Parcel at 18 West Busse Avenue, Mount Prospect, Illinois [To be attached by Grantor's Attorney]