Loading...
HomeMy WebLinkAbout6. NEW BUSINESS 7/15/03 illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JULY 8, 2003 SUBJECT: REQUEST FOR 1-YEAR EXTENSION OF CONDITIONAL USE ORDINANCE NO. 5263 Attached to this memorandum is a request from Pasquele Ergastolo requesting a l-year extension of Conditional Use Ordinance No. 5263. The Conditional Use Ordinance granted the right to construct an unenclosed porch in the required front yard setback at 208 Neil Avenue. Staffsupports the request for the 1-year extension. The petitioner has indicated that he has been unable to initiate the project due to other commitments but that he intends to submit for a building permit in the next few months. The petitioner is not proposing to modify thc approved plans in any manner but needs the additional time to complete the project. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15th meeting. Staff will be present at that meeting to answer any questions related to this matter. William J. Cooney Jr. [ une 28, 2003 Mr. Bill Cooney Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056-3266 Dear Mr. Cooney, This letter is in reference to the proposed porch addition at my home at 208 Neil Avenue. On July 12, 2002, we received approval of a conditional use permit to construct the porch. We are asking for an extension on this permit because, at the time we applied for the permit, we purchased a new business and could not afford the additional expense. We have recently begun the process again, but the architect said he would not be able to get us final plans in time for permit approval, not to mention the additional time needed to receive and review bids. I would like to thank you in advance for your help in this matter. If you have any questions or if you need anything else please contact me. Sincerely, ~pa q~ualW~ 847-632-1929 or 847-297-6640 ORDINANCE NO. 5263 AN ORDINANCE GRANTING A. CONDITIONAL USE PERMIT 'FOR PROPERTY LOCATED AT 208 NElL AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 16th DAY OF JULY, 2002 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of July, 2002. 7/9/02 ORDINANCE NO. 5263 AN ORDINANCE GRANTING A CONDITIONAL'USE PERMIT FOR PROPERTY LOCATEDAT 208 NElL AVENUE WHEREAS, Pat and Julia Ergastolo (hereinafter referred to as Petitioners) have filed a petition for a Conditional Use permit, with respect to property located at 208 Nail Avenue (hereinafter referred. tO as the Subject Property), and legally described as follows: Lot 45 in Harvest Heights, being a Subdivision of part of the Southwest Quarter of Section 35, Township 42 North, Range 11, East of the Principal Meridian, according to the plat thereof recorded as Document No. 88-147393 and amended by Certificate of Correction recorded as Document No. 88-333001, in Cook County, Illinois. Property Index No. 03-35-312-001-0000; and WHEREAS, the Petitioners seek a Conditional Use permit to construct an unenclosed porch encroaching four feet (4') into the required front yard setback; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-14-02 before the Planning and Zoning Commission of the Village of Mount Prospect on the 27th day of June, 2002, pursuant to pro,~per legal notice having been published in the Mount Prospect Journal & Topics on the 12"' day of June, 2002; 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-14-02; 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 permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: 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 2/2 208 Neil Avenue SECTION TWO: The President and Board ofTrustees oftheVillage of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of an unenclosed pomh encroaching four feet (4') 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: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 16"~ day of July, 2002. kad 07/07/03 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5263 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY COMMONLY KNOWN AS 208 NElL AVENUE WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt. Ordinance No. 5263 entitled "An Ordinance Granting a Conditional Use Permit For Property Commonly Known As 208 Nell Avenue" at their regular meeting held July 16, 2002; and WHEREAS, as set forth in Chapter 14, Section 14.203.F.12, the Conditional Use Permit granted through the passage of Ordinance No. 5263, the Conditional Use permit shatl expire if the Conditional Use permit ceases for more than twelve (12) months for any reason; and WHEREAS, Petitioner has requested that the one (1)year effective date, established with the passage of Ordinance No. 5263, be extended for one (1) additional year. 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: Ordinance No. 5263 is hereby amended by extending the effective date for the Conditional Use permit being the subject of Ordinance No. 5263 for one additional year. 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 Veima W. Lowe, Village Clerk H:~,CLKO\files~W~N\ORDINANC\Extend C-Use date, 208 Neil ave.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JULY 1 I, 2003 PZ-I 8-03 - VARIATION (EXTERIOR SIDE YARD) 420 N. FAIRVIEW AVENUE BRIAN & JULIE PREMPAS - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-18-03, a request for a 3-foot exterior side yard in order to install a patio, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. The subject property is located in a single-family residential neighborhood. The proposed patio would encroach into the required yard and create a 3-foot exterior side yard. The Zoning Ordinance requires a 20-foot setback and the petitioner is seeking a variation for the proposed 3-foot setback. The Planning & Zoning Commission discussed the petitioner's plans for the patio and how the fence referenced in the Petitioner's application would require relief from zoning regulations for its location. The petitioner clarified that they would not install the fence, but would use landscaping to screen the patio and secure the play area for their child. The Commission commented on the square footage of the house and noted how comer lots have less usable yard space than other lots. The Planning & Zoning Commission members voted 4-0 to recommend that the Village Board approve a request for a variation to allow a 3-foot exterior side yard subject to the petitioner installing bushes at a height of no less than 3-feet along the exterior property line for the property located at 420 N. Fairview, Case No. PZ-18-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staff will be present to answer any questions related to this matter. Williar~.'Cooney,~J~.~'AICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-18-03 Hearing Date: June 26, 2003 PETITIONrER: Brian and Julie Prempas 420 N. Fairview PIN #: 03-34-124-012 PUBLICATION DATE: June 11, 2003 REQUEST: Variation MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development INTERESTED PARTIES: Brian and Julie Prempas Jim Wallman Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 7:39, Mr. Rogers introduced Case No. PZ-18-03, a request for a variation to install a patio that would encroach into the sideyard setback. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located at the southwest comer of Memory Lane and Fairview Avenue, and contains a single-family residence with related improvements. The subject property, rectangular in shape, is zoned R-A Single Family Residence and is bordered by the R-A district on all sides. Ms. Connolly said that the width of the subject property is 49'2", which is slightly less than the 50-feet required by current zoning regulations. The existing attached garage and 5'x12' concrete patio do not meet the 20-foot setback regulations. The garage is located 22-feet from the rear lot line, almost 17-feet from the exterior lot line, and the patio has an 11-foot setback. However, the Zoning Ordinance classifies these structures as legal nonconformities that are permitted to be maintained and repaired. Ms. Connolly said that the petitioner is seeking a variation to replace the existing concrete driveway and patio with brick pavers. As part of the project, the petitioner would like to increase the size of the patio an6maintain a 3-foot exterior side yard instead of the existing 11-foot exterior side yard. She said that the petitioner's application includes installing a perimeter fence that would be installed to screen the patio from passersby and that the fence would include flowerpots to enhance the view. Ms. Connolly said that the petitioner is seeking relief from code requirements for the exterior side yard setback. She said that as part of the review, staff found that the location of the proposed perimeter fence intended to screen the patio would require relief from Zoning Ordinance regulations because the fence would not be located entirely behind the principal structure. Planning & Zoning Commission PZ-18-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly summarized the standards for a Variation listed in the Village Zoning Ordinance. She said that the petitioner is proposing to increase the size of the patio, resulting in a 3-foot exterior side yard setback. The subject property is rectangular in shape and has a slightly substandard width. She said that the placement of the house on the property, as well as the narrow lot width, creates challenges for locating a patio that meets current zoning regulations. However, a smaller patio could be located along the south elevation of the house and meet the required setbacks. Ms. Connolly said that the Zoning Ordinance defines a hardship as "a practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances". She said that although the site is restricted by its small lot width and corner location, these conditions exist throughout the surrounding neighborhood and are therefore not unique to this property. In addition, the location of a fence required to screen the patio would need relief from zoning regulations. Ms. Connolly said that the petitioner has the option of replacing the existing patio in kind, as permitted by the Zoning Ordinance, and using it and the driveway as a de-facto patio. Also, they could construct a second patio along the south elevation of the house. Ms. Connolly reported that although the proposed patio may be constructed in an attractive manner, its location is extremely close to the lot line. She said that staff can appreciate the intent of the petitioner's request, howev.,er, locating a patio 4-feet from the sidewalk is a significant deviation from zoning regulations. The petitioner has other alternatives that would meet zoning regulations. Based on this analysis, Staff finds that the request does not meet the Variation standards for a Variation listed the Zoning Ordinance and recommends that the P&Z recommend that the Village Board deny a Variation to allow a 3-foot exterior side yard setback and proposed perimeter fence for the residence at 420 N. Fairview Avenue, Case No. PZ-18-03. She said that the Village Board's decision is final for this case. Brian and Julie Prempas, 420 N. Fairview, were sworn in and testified that they did not understand the rationale behind the Zoning Code. Ms. Prempas said that it seems to be based on tradition rather than safety. She said they are having a child and want to have a pool. Also, the traffic in the area is heavy with many inexperienced drivers, due to its proximity to the high school. She said that putting the patio behind the breezeway would be a huge safety issue and it would also create a water runoff problem. Jim Wallman, 421 N. Forest Avenue, was sworn in and said their back yard abuts the Prempas residence and they have no objection to this project. He said there are just two houses on Memory Lane. Ms. Prempas came back to the podium and showed pictures of properties with similar patios to what they were requesting. Mr. Rogers closed the public hearing at 7:50. Leo Flotos said that the Commission had reviewed similar problem cases with corner lots and would support the request due to safety concerns. Matt Sledz suggested a grassy area be used rather than paving the area. Ms. Prempas said she sould rather have a fire pit and barbeque on a paved area. She said they want to do things the right way, but felt they were being penalized by being forthright with their request. Mr. Cotten asked the square footage of the house and Mr. Prempas said it was 1200 s.f. Ms. Prempas added that they both come from large families and have large gatherings that spill out onto the lawn. Matt Sledz said he could support the request if there was a condition that there was a landscape buffer. Michael Jacobs, Deputy Director of Community Development, pointed out that the petitioner was also adding a request for a fence and that its location would require another Variation. lanning & Zoning Commission PZ- 18-03 Arlene Juracek, Chairperson Page 3 The Petitioner clarified that they would rather install landscaping than a fence to screen the patio. Matt Sledz made a motion to recommend that the Village Board approve the requested Variation for the sideyard setback with the condition that the patio area be enclosed with 3' bushes, for Case No. PZ-18-03, 420 N. Falrview. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary z;J~dy Conn6ll~, AICP, Senior Plak.nm Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 18-03 LOCATION: 420 N. Fairview Street PETITIONERS: Brian & Julie Prempas Brian & Julie Prempas PARCEL #: 03-34-124-012-0000 LOT SIZE: 0.15 acres (6,472.5 square feet) ZONING: RA Single Family Residence LAND USE: Single Family Residential REQUEST: Variation - Exterior Side Yard Setback LOCATION MAP 521 520 519 518 517 516 515 514 513 512 511 510 509 508 507 5O6 50~ 504 503 501 501 500 521 520 519 518 517 516 513 509 508 507 506 5O5 503 502 501 500 Memor Lane 421 ~ 419 418 417 416 415 414 413 412 411 410 409 408 407 ~06 405 404 403 402 . 401 400 521 520 519 518 517 516 515 513 509 508 507 506 5O5 503 502 ~ 500 420 ~' 421 ,~ 416 .e~ 417 416 414 ~ 415 414 412 m 413 412 410 ~ ~ 411 410 ;0s ~ 409 40s 406 g "~07 4o6 404 ~ 405 404 402 ~ 403 402 400 ~ 401 400 419 418 405 ~04 r, ory Street Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JUR_ACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JIYN-E 19, 2003 HEARING DATE: JLrNE 26, 2003 SUBJECT: PZ-18-03 - VARIATION (3-FOOT EXTERIOR SIDE YARD) 420 N. FAIRVIEW (PREMPAS RESIDENCE) BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Brian & Julie Prempas (the "Petitioner") regarding the property located at 420 N. Fairview (the "Subject Property"). The Petitioner is seeking a variation to allow a 3-foot exterior side yard along the SUbject Property's north lot line when the Zoning Ordinance requires a 20-foot setback. The P&Z hearing was properly noticed in the June 11, 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 sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the southwest corner of Memory Lane and Fairview Avenue, and contains a single-family residence with related improvements. The Subject Property, rectangular in shape, is zoned RA Single Family Residence and is bordered by the RA District on all sides. The width of the Subject Property is 49'2", which is slightly less than the 50-feet required by current Zoning regulations. The existing attached garage and 5'x12' concrete patio do not meet the 20-foot setback regulations. The garage is located 22-feet from the rear lot line, almost 17-feet from the exterior lot line, and the patio has an Il-foot setback. However, the Zoning Ordinance classifies these structures as legal nonconformities that are permitted to be maintained and repaired as detailed in Sec. 14.402 of the Zoning Ordinance. SLWIMARY OF PROPOSAL The Petitioner would like to replace the existing concrete driveway and patio with brick pavers. As part of the project, the Petitioner would like to increase the size of the patio from 5'x12' to approximately 24'x13' and maintain a 3-foot exterior side yar& The Petitioner states in the attached application that a perimeter fence would be installed to screen the patio from passersby and the fence would include flowerpots to enhance the view. GENERAL ZONING COMPLIANCE The existing rear and exterior side yards are legal nonconformities and are allowed to remain. However, new construction is required to meet current regulations and the Petitioner is seeking relief from code requirements for the exterior side yard setback. As part of the review, Staff found that the location of the proposed perimeter fence described in the Petitioner's application used to screen the patio would require relief from Sec. 14.304.D. 1.e.(2) of the Zoning Ordinance because the fence would not be located entirely behind the principal structure. The table on the following page compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirernents. Z-18-03 Planning & Zoning Commission meeting June 26, 2003 Page 3 RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 30' No change Interior 5-feet 8-feet (house) No change Exterior 20' 16' 3-feet for patio Rear 25' 22' No change LOT COVERAGE 50% Maximum 37.3% 41.2% VARIATION USE STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The Petitioner is proposing to increase the size of the patio, resulting in a 3-foot exterior side yard setback. The Subject Property is rectangular in shape and has a slightly substandard width. The manner in which the house is located on the Subject Property, as well as the narrow lot width, create challenges for locating a patio that meets current zoning regulations. However, a smaller patio could be located along the south elevation of the house and meet the required setbacks. The Zoning Ordinance defines a hardship as "a practical difficulty in meeting the requirements of this chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances". Although the site is restricted by its small lot width and comer location, these conditions exist throughout the surrounding neighborhood and are therefore not unique to this property. In addition, the location of a fence required to screen the patio would need relief from zoning regulations. The Petitioner has the option of replacing the existing patio in kind, as permitted by the Zoning Ordinance, and using it and the driveway as a de- facto patio. Also, they could construct a second patio along the south elevation of the house. RECOMMENDATION Although the proposed patio may be constructed in an attractive manner, its location is extremely close to the lot line. Staff can appreciate the intent of the Petitioner's request, however, locating a patio 4-feet from the sidewalk is a significant deviation from zoning regulations. The Petitioner has other alternatives that would meet zoning regulations and a 24'xl 3' patio is not essential, but more of a convenience. Based on this analysis, Staff finds that the request does not meet the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance and recommends that the P&Z recommend that the Village Board deny a Variation to allow a 3-foot exterior side yard setback for the residence at 420 N. Fairview Avenue, Case No. PZ-18-03. The Village Board's decision is final for this case. I concur: · ' J. Co ney, AICIP, I[irector of Community Development VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMKNT - Planning DivisiOn 100 S. Ernermn Street Mount Prmp¢ct, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Variation Request The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed twenty-fiVe (25 %) of a requirement stipulated bY the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COMMI,~SION REVIEW O Village Board FinalO P&Z Final Cas~.Numb~r PZ- -02 Development NamdAddre,~ Da~ of Submk~ion Heating Date Common Addres~(e~) (Street Number, Stree0 tax I.D. Number or County Assigned Pin Number(s) z_ o~-3q-/a~/- olz- oooo r~ Legal ~ption necessary) (attach n_d_d_itiorl~! if Name Telephone (day) ..gr'',,,, ~'3'ol;c '-~,.t"-~ ~.~o-~V-'*~-o¥ x ~o,~ o Corporation Telephone (evening) ~7-3ciq- ~3~- S~r~-~ Add~¢s~ ~ F~ ' Ci~ S~ ~p C~ Pager Nan~ Telephone (day) Corporation Telephone (everang) Slreei Address Fax; Ci~ $~a~ Zip Code ~ag~r Developer., · Attorney Name LQ S~eyor N~ Tclcphon~ (day) ~dr~ss F~ Engin~r N~ T~l~phou~ (~y) Addr~s F~ ~t N~ Telephon~ (~y): Ad&~ F~ ~a~ ~chit~t Namo ..... Telephon~ (day): Mdr~s F~ 1. We think that we qualify for a variation as we really do not have a backyard. We purchased this home with the idea that we would utilize part of the side yard, develop a private area with a fence, and make a small patio. We signed a contract with United Brick Pavers who did an excellent job on downtown Mount Prospect. However, after putting $1500 down in January, we were informed last month that they would be unable to break ground on May 15, 2003, as they could not obtain a permit. 2. The specific shape of our lot allows for us to make part °four Side yard, which we would make private with either a fence or bushes, part of our backyard. We live on a comer lot and therefore cannot have two front yards. Our address is 420 Fairview and we bring our garbage out to the street on Fairview. Therefore, we consider Fairview the front of our house. The side of our lot is extremely long and if we utilize a small portion of that side yard, it will still look aesthetically appealing. We plan to put colorful flowerpots on the outside of the fence, which is what would be visible from the sidewalk. 3. The purpose of this variation is definitely not based upon a desire to increase financial gain. If our variation is approved, we plan to stay in this house a lifetime. If our variation is not approved, we will be forced to move. 4. We have done nothing to create the hardship as we just purchased the home 2/27/02. 5. The granting of the variation will actually be beneficial t° the improvements of the neighborhood and in no way will be detrimental. The attached driveway would also consist of the same brick as the patio. Several other Mount Prospect residents said that we should just do it, but we prefer to have proper authorization. 6. The granting of the variation will not alter the character of the neighborhood because several other comer lots have similar fenced in areas. We plan to take pictures of these and present them as needed. 7. The proposed variation will not impair any supply of light or air to adjacent areas. It is well away from other neighbors. It will not increase any congestion of the public streets. There will be no danger of fire, or any impairment of drainage. There will be no endangerment to public safety. If anything, it would improve property values in the neighborhood. Without approval of the extended patio, we will not be improving the Cracked driveway or anything. ode Section(s) for which Variation(s) is (are) Requested Summary and lustification for Requesl~l Variation(s), Relate lustification to the Attached Standards for Variations Please note that the application will nOt be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with ~he appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to 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 r~lsonable hours for visual inspection of the subject property. I hereby aftirm that all information Provided herein and in all materials submitted in association with this application are u-ue and accurate to the best of my Imowledge. If applicant is not property owner: I hereby designate the applicant to act as my agcnt for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner ~z.,~/~~/'~/~,/~.,, ~ Date ~'~' ~ ~'- ~ 3, Mount Prospect D~parhnent of Community Development Phone 847.818~5328 onnolly, Judy From: Sjwailjc@aol.com Sent: Thursday, June 26, 2003 1:27 PM To: Connoily, Judy Subject: Zoning for Julie & Brian Prempas Our names are Jim & Sally Wallman, we live at 421 N. Forest Ave M.P. We are the neighbors of the Brian & Julie to the West on the corner of Memory & Forest. We would like to state that we' have no objections to the variation Brian & Julie seek to construct a patio on the exterior side of their hoii~e and feel it would be a nice improvement to the neighborhood. Respectfully yours; Jim and Sally Wallman 847-577-5384 6/26/2003 Z FAIRVIEW AVE PLAT OF SURVEY JAMES M. ELLMAN ~,~'D. LOT i BLDCK 5 IN PROSPECT MANDR SUBDIVISIDN DF PART DF THE SOUTH 3/4 DF THE WEST MEMORY LANE Ordered by: EUGENE F. LAPDRTE Order No: 020221 Bose Scale: 1 inch = 20 feet STATE OF ILLINOIS) COUN19' OF COOK) S$ ~, JAMES W. ELLJ4AN. DO HEREBY CERTIFY THAT THE ABOVE BY:oFANDsAIDTHATsuRVEY' 7~,~THE PLAT REON D~WN~ ~-- ~-"'tS A CORRECT REPRESENTATION uly 2, 2003 William J Cooney, AICP Director of Community Development Village of Mount Prospect Mount Prospect, IL 60056 Dear Mr Cooney, The Planning & Zoning Commission recommended approval of my patio by a 4-0 vote. Our case is scheduled to go before Village Board for the ordinance's first reading on July 15, 2003. I am requesting that the Village Board waive the second reading, tentatively scheduled for the second Village Board meeting, and take final action at the July 15, 2003 meeting. We have two reasons for this request. First of all, we are expecting a baby who will be tetra by the August 5, 2003 meeting. We could have the best intentions of attending and unexpectedly end up at the hospital. Secondly, we had put a deposit on this project in January and would like to enjoy it before the weather gets cold again. The contractor intends to start the project as soon as it is approved. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847-394-1332. Sincerely, Brian and Julie Prempas 420 N Fairview Mount Prospect, IL 60056 kad 7/01/03 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 420 NORTH FAIRVIEW AVENUE Lot WHEREAS, Brian & Julie Prempas (hereinafter referred to as "Petitioners") have filed a petition for a Variation with respect to property located at 420 North Fairview (hereinafter referred to as the "Subject Property") and legally described as follows: 1 Block 5 in Prospect Manor Subdivision of part of the south 3/4 of the west ½ of the west ½ of Sec. 34, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook Country, IL. Property Index Number: 03-34~124-012 and WHEREAS, the Petitioners seek a Variation to allow for the construction of a brick paver patio, with a three-foot (3') exterior side yard setback; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ-18-03 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to pro~er legal notice having been published in the Mount Prospect Journal & Topics on the 11 h day of June, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendations 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 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 Variation would be in the best interest of the Village. b 420 N. Fairview Avenue Page 2/2 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 Variation, as provided in Section 14.203.C.7 of the Village Code, to allow the construction of an brick paver patio, with a three-foot (3') exterior side yard setback subject to landscaping perimeter of patio with three-foot (3') tall bushes in the three-foot (3') 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: 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 Mayor Velma W. Lowe Village Clerk H :\GEN~files\W IN\ORDINANC\Variatir~n,420 Fairview setback patio,july 03.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 11, 2003 SUBJECT: PZ-20-03 - CONDITIONAL USE (PORCH) 402 N. ELM STREET EDWARD KRZYZAK - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-20-03, 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 June 26, 2003 meeting. The subject property is located in a single-family residential neighborhood. The proposed porch would encroach no more than 5-feet into the front yard. The porch would be constructed from wood and have an overhang, railings, and columns. The proposed porch requires Conditional Use approval because it encroaches into the 30- foot front setback. The Planning & Zoning Commission briefly discussed the petitioner's plans for ensuring animals could not nest under the porch, that the porch would have to remain unenclosed, and the petitioner's plans for the second story addition. The Planning & Zoning Commission members voted 4-0 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of an unenclosed covered porch that would encroach no more than five-feet into the front yard for the property at 402 N. Elm Street, Case No. PZ-20-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staff will be present to answer any questions related to this matter. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-20-03 Hearing Date: June 26, 2003 PETITIONER: Edward Krzyzak 402 N. Elm St. PIN #: 03-34-210-023 PUBLICATION DATE: June 11,2003 REQUEST: Conditional Use MEMBERS PRESENT: Richard Rogers. Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development INTERESTED PARTIES: Edward Krzyzak Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 7:55, Mr. Rogers introduced Case No. PZ-20-03, a request for a Conditional Use to construct a porch that would encroach into the 30' front setback. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located on the west side of Elm street, between Gregory Street and Memory Lane, and contains a single-family residence with related improvements. She said that the subject property is zoned R-A Single Family Residence and is bordered on all sides by the R-A district. The existing home on the subject property is currently set back approximately 31-feet from the front lot line, 5-feet from the south (side) lot line, and 13-feet from the north (side) lot line. Ms. Connolly said that the petitioner plans to add on to second floor so it is a full second story in addition to installing an unenclosed front porch. She said that the proposed porch would consist of a wood base floor, wood columns, and wood steps, encroached no more than 5' into the required front yard. She said that its location requires Conditional Use approval. Ms. Connolly summarized the standards for Conditional Uses listed in the Village Zoning Ordinance. She said that 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. 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 no more than 5-feet into the required front yard for the residence at 402 N. Elm Street, Case No. PZ-20-03. She said that the Village Board's decision is final for this case. lanning & Zoning Commission PZ-20-03 Arlene Juracek, Chairperson Page 2 Edward Krzyzak, 402 N. Elm Street, was sworn in and testified that he would like his request granted. Mr. Rogerg asked Mr. Krzyzak if he understood the porch could never be enclosed and Mr. Krzyzak agreed. Mr. Rogers also asked about provisions for keeping wild animals out of the area under the porch Mr. Krzyzak Mr. Krzyzak said the area would be left open for maintenance. Renata Hyberg, 825 E. Rand Road, Ste. 216, Arlington Heights, was sworn in and clarified that the area under the porch would be protected by screening and latticework. Mr. Rogers closed the public hearing at 8:10. Matt Sledz made a motion to recommend approval of the requested Conditional Use as submitted for Case No. PZ-20- 03,402 N. Elm Street. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. At 1 l:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary .... --- Jt~tY ]2onnolJ.y/A"ICP, Senior mlanney Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 20-03 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LA.ND USE: REQUEST: 402 N. Elm Street Edward Kryzak Edward Kryzak 03 -34-210-023 -0000 0.18 acres (7,637.24 square feet) RA Single Family Residence Single Family Residential Conditional Use - Porch in front yard LOCATION MAP Highland Street 523 522 521 520 519 518 517 516 515 514 513 512 511 510 509 508 507 506 505 504 503 502 501 500 501 Memory Lane 423 422 421 420 419 418 417 416 415 414 413 412 411 410 409 408 407 406 405 404 403 ~ 401 400 1401 Gregory 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: JUNE 19, 2003 I4q~ARING DATE: JUNE 26, 2003 SUBJECT: PZ-20-03 - CONDITIONAL USE (PORCH) 402 N. ELM STREET (KRYZAK RESIDENCE) BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Edward Kryzak (the "Petitioner") regarding the property located at 402 N. Elm Street (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction ora new porch in the front yard. The P&Z hearing was properly noticed in the June 11, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250ofeet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Elm Street, between Gregory Street and Memory Lane, 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 Distr/ct. The existing home on the Subject Property is currently set back approximately 31-feet from the front lot line (31.10'), 5-feet from the south (side) lot line, and 13-feet from the north (side) lot tine. SUMMARY OF PROPOSAL The attached exhibits outline the Petitioner's plans for the proposed addition and unenclosed front porch. The proposed improvements include adding on to the second floor so it is a 'full' second story and installing an unenclosed porch. The proposed porch, consisting of-a wood base/floor, wood columns, and wood steps, would encroach no more than 5' into the required front yard, thus requiring Conditional Use approval. GENERAL ZONING COMPLIANCE As previously noted, the existing home and addition comply with zoning regulations. The table on the following page compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirements. Z-20-03 Planning & Zoning Commission meeting June 26, 2003 Page 3 RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 31.10' 26.00' Interior 5' 13' north & no change 15.05' south no change Rear 25' 50' 50' LOT COVERAGE 50% Maximum 34% 36% 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 no more than 5-feet into the required front yard for the residence at 402 N. Elm Street, Case No. PZ-20-03. The Village Board's decision is final for this case. I concur: William J. Eooney, AICI~, Director 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 Application for Conditional Use Approval Case Number P&Z Development Name/Address ~ i Date of Submission Hearing Date Address(es) (Street Number, Street) Site Area,(Acres) Property Zoning I Total Building Sq. Ft. (Site). Setbacks: Front Rear Side Side Building Height Lot Coverage (%) . Number of Parking Spaces Adjacent Land Uses: North South East West Tax I.D. Number or County Assign?d Pin Number(s) Legal Description (attach additional sheets if necessary) ~r ,~.~ /~ ~t. ~ Name Telephone (day) ~x~,~v,~ /r,~x'z,,~/,c (&,~z) 7cPo~- . Co~oration Telephone (evening) S~eet Ad&ess Fax Ciw State Zip Code ~r r~- ~Z ~Os'Pdc7 /z 6'o~G (~,7) Interest m Pr°pe~ Name Telephone (~, . Corporation Telephone (evening) Street Address Fax: City Sta~e ~ip Code ~ Ca'T, 9qos~FcT- i1.- 6oo~ (,e~7) ..Zf~- Developer Name Telephone (day) Ad&ess Fax Attorney Name Telephone (day) Ad&ess Fax Surveyor Name Telephone (day) Address Fax Engineer Name Telephone (day) Architect t~"~"~ Telephone(day): Name Landscape Architect Name Telephone (day): Address Fax MOunt Prospect Department of Commumty Development ~00 South Emerson Street, Mount Prospect Illinois ~wv.mo umprospecr.org Phone 847.818.5328 Fax 847.8 [8.5329 TDD 847.392.6064 roposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) Hours of Operation Address(es) (Street Number, Street) Site~,Area (Acres) mrop~,~ning Total Building Sq. Ft. (Site)Sc[. Ft. Devoted to Proposed Use Setbacks: ' Front Rear Side Side Building Height Lot Coverage (%)~ Number of Parking Spaces Please note that the application will not be revie~ved 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 petinoner schedule an appointment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness at the ume 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 all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant '~ ~"~- ~/ /~d')""-~" "// ~'-~ Date ~ ~ ~'~ ~ 03 // ,' If applicant is not property owner: t 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 www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 URVEY PLAT BAUER SURVEYING TEL. NO. 956-1224 2045 S. ARLINGTON HEIGHTS RD. SUITE 108-A ARLINGTON HEIGHTS, IL 60005 ~ot 210 i~ H. Roy Berry Company's Castle Eeights, being a S~bdivi~ton of the North half of the Southeast quarter of the Northwest quarter and the Southwest quarter of the Northeast quarter of Section 34, Township 42 North, Range ll, East of the Third ,Princi?? Meridian, in Cook County, Illinois. I, Walter H. Bauer, a Rag. · Land Surveyor recer~ify to le location of the improvements ~ the above described property Reg. I1 Land Surveyor State of Illinois County of Cook ss. I, Walter H, Bauer, a Reg. I1 Surveyor do hereby certify that above described property and the improvements thereon, _~re not wi/ a S~ecial Flood Hazard Ares, acc¢ ing to the available Flood Insur~ Rate Map. October 4, 1989 ~ /~/' ~-~' Reg. I1 Lend Surveyor 50.10 40,, ~[. ELM STREET MT. PR OSPECT, IL ' ° ;' CONCRE~WALK 3'--0 50.10 SITE PLAN SCALE: 1' = 20'-0' N. ELM STREET w--Li illiam J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 July 2, 2003 Dear Mr. Conney, The Planning & Zoning Commission recommended approval of my Porch in front yard by a vote. Our case is scheduled to go before Village Board for the ordinance's first reading July 15th. I am requesting that the Village Board waive the second reading, tentatively scheduled for the th second Village Board meeting, and take final action at the July 15 meeting. I would like to start the project as soon as possible so it is completed quickly. I appreciate your assistance in facilitating this request. Edward Krzyzak 402 N. Elm Mt. Prospect I1, 60056 (847)788-9608 vw[ 6/30/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 402 NORTH ELM STREET WHEREAS, Edward Kryzak (hereinafter referred to as Petitioner) haS filed a petition for a Conditional Use permit, with respect to property located at 402 N. Elm Street (hereinafter referred to as the Subject Property), and legally described as follows: Lot 210 in H. Roy Berry Company's Castle Heights, being a subdivision of the North half of the Southeast quarter of the Northwest quarter and the Southwest quarter of the Northeast quarter of Sec. 34, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook Country, IL. and WHEREAS, the Petitioner seeks a Conditional Use permit to construct an unenclosed porCh encroaching no more than five feet (5') into the required front yard setback; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-20-03 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11tl~ day of June, 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-20-03; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: 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. PZ-20-03 402 N. Elm Street Page 2/2 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.7 of the Village Code, to allow the construction of an unenclosed porch to encroach no more than 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: T his 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 APPROVEDthis day of ,2003 ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:\GEN~fiIes\WIN\ORDINANC\C USE, 402 N E~m, porch.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER 003 q I I sl° PZ-23-03 - CONDITIONAL USE (PORCH) & VARIATION (SID 1302 DOGWOOD LANE ROBERT DEMPSEY - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-23-03, a request for an unenclosed covered porch and variation for a 5'4" side yard, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. The subject property is located in a single-family residential neighborhood. The proposed porch would encroach less than 5-feet into the front yard, which requires Conditional Use approval because it encroaches into the 30- foot front setback. The 3' garage addition requires relief from Zoning regulations because a 7' 11" side yard is required and the Petitioner proposes a 5'4" side yard ..... The Planning & Zoning Commission discussed the petitioner's plans for the addition and noted how the variation was necessary in order to provide direct access from the garage to the house and still be able to park vehicles in the garage. The Commission discussed how the unenclosed porch would have to remain unenclosed, and with the exception of the garage improvement, that the petitioner's plans for an addition complied with Village Codes. The Planning & Zoning Commission members voted 4~0 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of an unenclosed covered porch that would encroach less than five-feet into the front yard and for a side yard no less than 5'4" for the property at 1302 Dogwood Lane, Case No. PZ-23o03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staffwill be present to answer any questions related to this matter. Willia2~ooney, Jr., iAICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-23-03 Hearing Date: June 26, 2003 PETITIONER: Robert Dempsey 1302 E. Dogwood Lane PIN #: 03-26-406-021 PUBLICATION DATE: June 11,2003 REQUEST: Variation / Conditional Use MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: INTERESTED PARTIES: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development Robert Dempsey Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 8:36, Mr. Rogers introduced Case No. PZ-23-03, a request for a Conditional Use to construct a porch that would encroach into the front setback and a Variation to expand the garage into the sideyard setback. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located on the north side of Dogwood Lane, between Westgate Road and Sycamore Lane, and contains a single-family residence with related improvements. She said that the subject property is zoned R1 Single Family Residence and is bordered on all sides by the R1 district. The subject property has an irregular shape, a skewed rectangle, and currently has an attached garage. Ms. Connolly reported that the petitioner would like to remodel the existing house as well as add on to it. She said that the petitioner plans to construct an unenclosed porch in the front yard and extend the attached garage three-feet to create access from the garage into the house. She said that due to the irregular shape of the subject property, the garage addition would encroach 3' into the required side yard and requires relief from zoning regulations. Also, a section of the porch will encroach 3' into the required 30-foot setback. Therefore, the petitioner is seeking a Variation to add on to the attached garage, and Conditional Use approval for the front porch. Ms. Connolly said that the petitioner met with staff and has worked extensively with an architect to design a garage that would comply with zoning regulations. However, the shape of the lot and the floor plan precluded them from arriving at a design that would meet the setback requirements. She said that the proposed garage addition was designed to match the existing building materials so the addition would appear as part of the original construction. Ms. Connolly said that the existing home complies with zoning regulations, but the existing patio encroaches into the required side yard. She said that the patio is a legal nonconforming structure and is allowed to remain in its current location. The proposed garage addition requires relief from the R1 bulk regulations for the interior side yard setback and Planning & ZOning Commission PZ-23-03 Arlene Juracek, Chairperson · Page 2 that the porch requires Conditional Use approval. She said that the subject property would comply with all other zoning regulations and the addition and porch would be constructed according to all applicable Village Codes. Ms. Connolly said that in order to approve the setback request for the garage, the request must meet the standards for a Variation listed in the Zoning Ordinance. She summarized the standards and said that the petitioner is proposing to renovate the existing home to create additional living space and make the garage more accessible by adding a door that leads directly into the house. She said that the petitioner explored different options for the addition, but found that the irregular shape of the subject property prevents the petitioner from adding on to the existing garage without doing extensive modifications to the house. Ms. Connolly reported that the Zoning Ordinance requires a 7'11" side yard for this property. She said that in comparison, the Zoning Ordinance requires a 5-foot setback if the petitioner were to construct a detached garage. The difference in the setback regulations is based on aesthetics, drainage, and ensuring an adequate buffer between living space. In this case, based on the submitted floor plan it is reasonable to believe that the petitioner's only option for providing direct access from the garage to the house was to expand the structure into the required side yard. She said that the proposed 5'4" side yard setback would exceed the minimum setback required for a detached garage. Also, the manner in which the addition was designed will create the appearance of a unified structure and preserve the character of the house with minimal impact on the neighborhood. Ms. Connolly said that in order to approve the unenclosed porch, the request has to meet the standards for a Conditional Use listed in the Zoning Ordinance. She reviewed the standards and reported that the proposed unenclosed 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 the petitioner's request to expand the garage meets the Variation standards contained in the Zoning Ordinance due to the irregular shape of the Subject Property. Also, the proposed request to construct a porch in the front yard meets the Conditional Use standards contained in the Zoning Ordinance. Ms. Connolly said that based on these findings, Staff recommends that the Planning & Zoning Commission recommend that the Village Board approve a Variation and allow a 5'4" side yard setback along the west property line and the Conditional Use to allow an unenclosed front porch as shown on the site plan dated March 23, 2003 prepared by Davidson Design Group, Inc, for the residence at 1302 Dogwood Lane, Case No. PZ-23-03. Village Board's decision is final for both requests. Robert Dempsey, 1302 E. Dogwood Lane, was sworn in and testified they want to expand their home by adding a second story and redesign the first floor to include a family room. They would also like to provide access to the garage from inside the house. He said that the front porch will tie together the design of the second story and the first. He said one of the neighbors approves of the design and the other neighbor to the west is a vacant rental home and he did not have an opportunity to speak to the owner. Mr. Rogers closed the public hearing at 8:45. Matt Sledz made a motion to approve the requested Conditional Use as sUbmitted for Case No. PZ-20-03,402 N. Elm St. Merrill Cotten seconded the motion. Mr. Rogers asked the petitioner if he was aware the front porch could never be enclosed. Mr. Dempsey said he was. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. lanning & Zoning Commission PZ-23-03 Arlene Juracek, Chairperson Page 3 Leo Floros made a motion to approve the requested Variation as submitted for Case No. PZ-20-03, 402 N. Elm St. Merrill Cotten seconded the motion. UPON ROLL CALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary /li~y Cor~nJyl~, AICP, Senior Planer Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 23-03 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 1302 Dogwood Lane Robert M. Dempsey, Jr. Robert M. Dempsey, Jr. 03-26-406-021-0000 0.21 acres (9,150 square feet) R1 Single Family Residence Single Family Residential Variation (Side Yard Setback) and Conditional Use (Porch) LOCATION MAP Euclid Avenue 1131 ~ ~ -- ~ 11o6 I Doowood Lane .... Greenwod Ddve Village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON JUDY CONNOLLY, AICP, SENIOR PLANNER JUNE 19, 2003 JLrNE 26, 2003 PZ-23-03 - VARIATION (SIDE YARD) & CONDITIONAL USE (PORCH) 1302 DOGWOOD (DEMPSEY RESIDENCE) BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Robert Dempsey (the "Petitioner") regarding the property located at 1302 Dogwood Lane (the "Subject Property"). The Petitioner is seeking a Variation to allow a 5'5" side yard along the Subject Property's west lot line when the Zoning Ordinance requires a 7'11" setback. In addition, the Petitioner is seeking Conditional Use approval to construct a porch in the required front yard setback. The P&Z hearing was properly noticed in the June 11, 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 sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Dogwood Lane, between Westgate Road and Sycamore Lane, and contains a single-family residence with related improvements. The Subject Property is zoned R1 Single Family Residence and is bordered on all sides by the R1 District. The Subject Property has an irregular shape (a skewed rectangle) and currently has an attached garage. SUMMARY OF PROPOSAL The Petitioner would like to remodel the existing house as well as add on to it. The attached exhibits show the Petitioner's plans for the project, which include constructing an unenclosed porch in the front yard and extending the attached garage to create access from the garage into the house. Due to the irregular shape of the Subject Property, the garage addition requires relief from zoning regulations since the garage addition would encroach 3' into the required side yard. Also, a section of the porch will encroach 3' into the required 30-foot setback. Thus the Petitioner is seeking a Variation in order to add onto the attached garage and Conditional Use approval for the front porch. The Petitioner met with Staff and has worked extensively with an architect to design a garage that would comply with zoning regulations; however, the shape of the lot and the floor plan precluded them from arriving at a design that would meet the setback requirements. The proposed garage addition was designed to match the existing building materials so the addition would appear as part of the original construction. PZ-23-03 Planning & Zoning CommisSion meeting June 26, 2003 Page 3 GENERAL ZONING COMPLIANCE The existing home complies with zoning regulations, but the existing patio encroaches into the required side yard. The patio is a legal nonconforming structure and is allowed to remain in its current location. The proposed garage addition requires relief from the RI Bulk Regulations for the interior side yard setback and the porch requires Conditional Use approval. The Subject Property would comply with all other zoning regulations and the addition and porch would be constructed according to all applicable Village Codes. The following table compares the Petitioner's proposal to the R1 Single Family Residence District's bulk requirements. RI Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 33' 27' 10' or 10% of lot width Varying from 10.5' to 8.3' west & Varying; not less than 5.4' Interior Whichever is less (7' 1 I") Varying from 13.5' to 8.3' east no change Rear 25' Varying from 79'-52' No change LOT COVERAGE 45% Maximum 35% 39% "~ ~ vARIATION USE STANDARDS ~: The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning OrdinanCe and include seven specific findings that must be made in order to approve a Variation. The following list is a Summary Of these ~ findings: '~ A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; e Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The Petitioner is proposing to renovate the existing home to create additional living space and make the garage more accessible by adding a door that leads directly into the house. The Petitioner explored different options for the addition, but found that the irregular shape of the Subject Property prevents the Petitioner from adding onto the existing garage without doing extensive modifications to the house. The Zoning Ordinance requires a 7'11" side yard. In comparison, the Zoning Ordinance would require a 5-foot setback if the Petitioner were to construct a detached garage. Thc difference in the setback regulations is based on aesthetics, drainage, and ensuring an adequate buffer between living space. In this case, based on the submitted floor plan it is reasonable to believe that the Petitioner's only option for providing direct access from the garage to the house was to expand the structure into the required side yard. The proposed 5'5" side yard setback would exceed the minimum setback required for a detached garage. Also, the manner in which the addition was designed will create the appearance of a unified structure and preserve the character of the house with minimal impact on the neighborhood. Z-23-03 Planning & Zoning Commission meeting June 26, 2003 Page 4 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 proposed unenclosed 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. RECOMMENDATION The Petitioner's request to expand the garage meets the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance due to the irregular shape of the Subject Property. Also, the proposed request to construct a porch in the front yard 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 recommend that the Village Board approve a Variation and allow a 5'5" side yard setback along the west property line and the Conditional Use to allow an unenclosed front porch as shown on the attached site plan (dated March 23, 2003 prepared by Davidson Design Group, Inc.) for the residence at 1302 Dogwood Lane, Case No. PZ-23-03. Village Board's decision is final for both requests. I concur: 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 V,~ff~-~t-~f'-~ 0[,./~/~f~k.~b ~ Application for Conditional Use Approval Case Number P&Z · ' ' ' . Development Name/Address . ! i Date of Submission " Hearing Date Address(es) (Street Number, Street) Site Ar~a,~cies) Property}0p__o~ L~'e'47c'th~a-ZOning [ Total~lBuilding8 ~ ~Sq' Ft. (Site) Setbacks: Front Rear Side Side Build~g Height Lot Coverage (%)~ Number ot'Park~g Spaces Adjacent Land Uses: Tax I.D. Number or Coun~ Assigned Pin Number(s) Legal Description (a~ach additional sheets if necessa~) Name Telephone (day) Co~oration Telephone (evening) Street Ad,ess Fax CiW State Zip Code Pager Interest in Prope~ O~V~ Name }~3° L-~v--~d~. ~_~v-~ ~1 ~ Telephone (day) Co~oration Telephone (even~g) S~eet Ad,ess Fax: CiW State Zip Code Pager Deve,oper ~o ~ ~- ~¢~3 ' ~'' Telephone (day) Name Name ~/g Telephone(day) Ad&ess Fax Surveyor ~ L $~e ~O~o ~e~ ~,ci~5, ' Telephone(day) ~ Engineer ~/~ Name Telephone (day) Ad,ess Fax Architect Name ~o ~6~ ~. ~Ov¢~O~ Telephone(day): Address /~Og ~. ~l~oo~ ~}~ Fax 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 escribe in Detail the Buddings and Acttvmes Proposed and How the Proposed Use Meets the A~ached Standards for Conditional Use Approval (a~ach additional sheets if necessau) Hours of Operation ~ Address(es) (Street Number, S eet) /30; Site Area (Acses) Prope~ Zoning I Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use Setbacks: Front / Rear ~/ ~ / / Side Side _ / [ Building Height ~ ~1 L°t C°verage (%)~ ~ a~t ~oV N~mber °f Parking Spaces~¢s;~6.~e I , Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staffso 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 o~vner 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. [ hereby affirm that ali information pro~[ein and in all ~a'~als submitted in association with this application are true and accurate t° the b~~°wledg~/7~~,~ ,~/~,,X-~ ~ /--/) ~'C'~¢ ~///~ "7 Applicant ~7-x~ /'bt/] Date ~2F~ ..'~. 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 www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ffidavit of Ownership COUNTY OF COOK ) ) STATE OF II J,INOIS ) , under oath, state that I am the sole ~ an an authorized officer of the commonly described as f~.o + ~-~ q ) ) owner of the property ) as of this date. Subscribed and sworn to before me this o~ ~ day of ,20E9 . Notary Public/ County of Cook, State ~f Illinois Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect. Illinois, 60056 Phone 847.818.5328 Fax 847.8i8.5329 TDD 847.392.6064 Conditional Use Description: Porch Addition Dempsey Residence 1302 East Dogwood Lane My family and I have been living in Mt. Prospect at 1302 East Dogwood Lane since June of 1996. In the past several years our family has grown and we need additional living space. Rather than move to another home in the area or relocate to another community we have decided to add a second story addition onto our existing home. During the design phase of our project we decided to reconfigure some areas of the existing first floor as well. This was done to make the floor plan more functional and to help blend in the design aspects of the second story. One of those items was to relocate our entry door from the side of the house to the front of the house. To further enhance the design we decided to add a front porch to the house. The addition of the porch makes the house look complete. The design elements used in the porch reflect those of porches found within the surrounding neighborhood. The porch will be constructed of composite and pressure treated materials where it meets the soil. The framing of the porch roof will be of conventional construction building materials. The space under the porch will be adequately enclosed to prevent children or animals from gaining access. The proposed porch design exceeds the 30-foot building / setback line of the property. Since the lot is a rather oddly shaped and located at a bend in Dogwood Lane the building / setback line crosses the property at a slight angle. A portion of the proposed porch crosses the 30-foot building / setback line to a maximum of 3 feet on the East outside corner. Overall the porch structure will add significant beauty to the house and help blend the new second story into the existing structure. Furthermore, the style and design will complement the adjacent homes on Dogwood Lane. The Dempsey Property Conditional Use and Variation requests 5/29/2003 ddition and improvements to my home will only bolster property values in the immediate area. Of the seven guiding standards for conditional use as listed in Zoning Code Section 14.203.F.8 that apply in this request, I feel all aspects of the porch addition in question meet with the intentions and spirit of said standards for conditional use approval. Homeowner and Mt. Prospect resident Dcmpsey Property Conditional Use and Variation requests 5/29/2003 Variation Description: West side yard setback variation Dempsey Residence '1302 East Dogwood Lane My family and I have been living in Mt. Prospect at 1302 East Dogwood Lane since June of 1996. In the past several years our family has grown and we need additional living space. Rather than move to another home in the area or relocate to another community we have decided to add a second story addition onto our existing home. One of our basic design criteria in reconfiguring the existing first floor plan was to provide direct access from the house to the garage space. The existing structure does have an attached garage, however due to the layout constraints of the existing structure there is presently no door connecting the house to the garage, thus providing direct access. Entry to the garage is only possible via the overhead door or the rear service door. During the design' phase of this project a direct access door was proposed from the house to the garage. Upon further analysis it was discovered that the space in the garage is very limited once two normal sized vehicles are parked within. The garage presently measures 17' 3" in width with a 16' overhead door. When two cars are parked in the garage there is very little room left to walk from the front to the back of the garage or to fully open the doors of the cars. In order to make the new door from the house fully functional additional space in width is desired. This can be accomplished by extending the West wall of the garage, thus adding width to the garage. This variation request seeks approval to extend the West wall of the existing garage 3' to the West. This action will place the West wall of the garage over the 7' - 11" required side yard setback. The existing West wall of the garage presently has a side yard setback distance of 8' -4". The proposed West wall will have a side yard setback distance of 5' - 4". Dempsey Property Conditional Use and Variation requests 5/29/2003 verall the addition of 3' onto the garage will result in a layout that is very functional and that adds value to the entire project as well as the property. The extension of the West wall of the garage in my opinion does not create any negative effects to the property in question or any of the adjacent properties. After critically reviewing the seven standards that are listed in Zoning Code Section 14.203.C.@, I believe this ~quest complies with the intentions and the ,/1 spirit of said standa, r. ds, Robert M. Dempsey, Jr. Homeowner and Mt. Prospect resident Dempsey Property' Conditional Use and Variation requests 5/29/2003 arko Sekerez & Associates, Inc. Land Surveyors & Civil Engineers 111 West Washington, Suite 940 Chicago, Illinois 60602 Telephone: (312) 726-1313 Fax: (312) 236-9506 ORDER NO. 104884 1302 Dogwood Lane Mt. Prospect, Illinois Lot 639 in Brick~an Manor 1st Addition Unit 5, being o. Subdivision in the South.half of Section 26, Township '42 North, Range 11, East of the Third Principal Meridian., in Cook County, Illinois. 1113.O o. ,, .-, -o_. -< DOGU.)oOD Attorneys' Title I, the undersigned, an Illinois Registered Land Surveyor, heruby cerli~ to the ubovo named party Ihal on the date shown an inspection el the real estate described herein was made and that to the best o[ my knowledge and belief Ibis plat represents Ihe facts found al said time. This plat was prepared for use by the above named party o~ly, for the limited purpose of identilication of tho subject properly. Subject prepedy has nol been slaked and therelore, nq. da~a herein shou.[~ be used [or conslrudion or ( ~.)_ Illinois Land ~Jrveyor ,!umber - 05-1560 ~J No dimensions ~Y~. u~he assumed by scale measurements upon the plat. Bounda7 dimensi6ns'-- are based on the public records and/or description provided. This plat is valid Ior six (6) months Irem date shown and should riel be relied on thereafter. N The legal desc,'iplion noted on Ihis plat w~ provided by the dienl must be compared with deed and/or title policy. For building restricti and/or easemenls refer Io your deed, contracL lifle policy, and/or zo~ regulations. This plat is valid only it it contains Ihe original signa and embossed seal of Ihe surveyor. If you have any questions reg ing this plat, please do nol hesilate to contact u:,. SCALE I In. = 20 DAlE kAA~( 21 19_~ ~a~ PAGE ~5 Don carrillo, Attorney BOOK ORDERED BY: BEAM X ~ I/4' B,'-"I 1/2 ' 1/2 · o8 ®®®~ 8 O m illiam J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, 7-8-2003 The Planning & Zoning Commission recommended approval of my variation and conditional use requests by a unanimous vote on 26 June 2003. Please reference: PZ-23-03 - DEMPSEY RESIDENCE (1302 DOGWOOD LANE) My case is scheduled to go before the Village Board for the ordinance's first reading on 15 July 2003. I am requesting that the Village Board waive the second reading, tentatively scheduled for the 5 August 2003 Village Board meeting, and take final action at the 15 July 2003 meeting. I would like the 2nd reading waived to allow for the building permit to be applied for and the project to be started as soon as possible. I would like to complete the demolition portion of the project prior to the start of school. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at 847 398-3905 Sincerely, Robert M. Dempsey, Jr. 1302 East Dogwood Lane Mount Prospect, IL 60056 kad O3 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION AND A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1302 DOGWOOD LANE WHEREAS, Robert Dempsey, Jr. (hereinafter referred to as "Petitioner") has filed a petition for a variation and a Conditional Use permit, with respect to property located at 1302 Dogwood Lane (hereinafter referred to as the Subject Property), and legally described as follows: Property ndex Number: 03-26-406-021-000 Lot 639 in Brickman Mane r 1st Addition Unit 5, being a Subdivision in the South half. of Sec. 26, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook Country, IL. and WHEREAS, the Petitioner seeks a Conditional Use permit to construct an unenclosed porch that encroaches three feet (3') into the required front yard setback; and WHEREAS, the Petitioner seeks a Variation to allow for the construction of an attached garage addition, with a three foot (3') encroachment into the required side yard setback; and WHEREAS, a Public Hearing was held on the request for a Variation and a Conditional Use permit being the subject of PZ-23-03 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of June, 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-23-03; 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 Variation and Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: Page 2/2 1302 Dogwood Lane 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 variation, as provided for in Section 14.203.C,7 of the Village Code to expand the garage and allow it to encroach three feet (3') into the required side yard setback. Also, a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of an unenclosed porch that encroaches three feet (3') 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: T his 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 APPROVEDthis day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:\CLKO\files\WIN\ORDINANC\C USE, 1302 Dogwood Lane,porch, variation garage doc illage of Mount PrOspect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JULY 11, 2003 PZ-19-03 - TEXT AMENDMENT (I1 ZONING DISTRICT) METRODOCS, SC - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-19-03, a request for a Text Amendment to list "Offices, business and professional" as a permitted use in the I1 Limited Industrial Zoning District, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. The Planning & Zoning Commission discussed the Petitioner's request and Staff's suggestion to broaden the proposed text amendment to include "Offices, business and professional" rather than just doctors' offices. The P&Z asked the Petitioners questions regarding the proposed doctor's office and noted how most of the services described would be permitted under the classification of a "lab" which is currently permitted in the I1 District. There was discussion regarding parking requirements and the P&Z clarified that the Petitioner's were not seeking relief from parking regulations and that all office uses would have to meet the applicable parking regulations. The Planning & Zoning Commission members voted 4-0 to recommend that the Village Board approve a request for a Text Amendment that would list, "Offices, business and professional" as a permitted use in the I1 Zoning District, Case No. PZ-19-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staffwill be present to answer any questions related to this matter. WilliamS. Cooney, ~r., lC MINUTES OF ~ REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-19-03 Hearing Date: June 26, 2003 PETITIONER: MetroDocs, SC 1247 N. Milwaukee Glcnview, IL 60025 PUBLICATION DATE: June 11,2003 REQUEST: Text Amendment MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development INTERESTED PARTIES: Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting~ seconded by Merrill Cotten. The May meeting minutes were approved 4-02 At 8:45, Mr. Rogers introduced Case No. PZ-t9-03, a request for a Text Amendment to the Zoning Ordinance to permit offices in the I-1 Limited Industrial Zoning District. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, Presented the case. She said that the petitioner is a group of doctors who are seeking to open a doctors' office in the Kensington Business Center. The petitioner contacted the Planning Division to inquire whether a doctor's office would be permitted in this area since it is an industrial park. She said that the center is zoned I1 Limited Industrial and that a doctor's office is not a permitted use in the district. However, medical and dental laboratories are listed as permitted uses in the I1 district. Due to these circumstances, the petitioner has submitted an application for a text amendment to amend the Zoning Ordinance to allow doctor's offices in the I1 district. Ms. Connolly said that the primary reason zoning districts were created was to help minimize the potential conflicts between different types of uses and to create a specific order for development to occur. In creating different districts, and their associated permitted/conditional uses, governing bodies are able to ensure safe and orderly development. She said that in this case, the petitioner is seeking to amend the Zoning Ordinance to allow uses similar to medical or dental labs, which would appear to have less of an impact within the II Limited Industrial District. Ms. Connolly clarified that the issue to consider when reviewing the proposed Text Amendment is balancing the impact of a more intense use such as a manufacturer, which is currently a permitted use in the I1 district, with the proposed doctor's office, which is a less intense use. She said that the purpose of the I 1 District is "...to provide an area suitable for industrial, manufacturing, warehousing and research facilities that do not create appreciable nuisance or hazards, or an area for such uses that require a pleasant, hazard and nuisance free environment." The petitioner proposes to practice Family Medicine, which entails seeing patients from birth to hospice and intends to expand services to include MRIs, CTs, and other similar radiology scanning services: Planning & Zoning Commission PZ- 19-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly reported that the Il District currently permits offices that are a company's headquarters. Since the Zoning Ordinance does not specify what qualifies as a 'headquarters office' it has been Village policy to permit offices that classify themselves as a headquarters to locate in the I1 District. She said that a headquarters office is ora similar intensity as a medical office, but has different parking regulations. The manner in which the Kensington Business Center was developed allows for adequate parking for either use and any new use would be required to meet the Village's parking regulations. Ms. Connolly said that in researching this matter, as well as considering the current economic and development trends, Staff recommends that the petitioner's proposal be modified to not limit the text amendment to the scope of services described in the petitioner's application. Instead, Staff recommends that the text amendment adopt language similar to the commercial districts, which list "Offices, business and professional" as permitted uses. The proposed Text Amendment would allow a broader scope of offices to be permitted in the I1 District, which would make it a more viable district without increasing the intensity of the district. Also, the parking regulations for offices are similar to the parking regulations for a headquarters. In order to approve the Text Amendment, the request has to meet the standards listed in the Zoning Ordinance, which 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 allow "Offices, business and professional" in the I1 District as a permitted use would be applicable on a community-wide basis and would not create a non-conforming situation. Although allowing a less intense use in the I1 District would make the Zoning Ordinance more permissive, the types of uses that would be permitted are consistent and compatible with other uses currently permitted in the I1 District. The proposed text amendment is consistent with the Comprehensive Plan and previous Village rulings. 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. 14.2102 to list "Offices, business and professional" as permitted uses in the Limited Industrial District, for Case No. PZ-19-03. The Village Board's decision is final for this case. Richard Rogers confirmed with Judy that MRIs, C-T Scans, etc., would be permitted under "Laboratory" and that the only thing being added is offices, doctor's offices, etc Scott Meyer, 525 Newtown Road, Buffalo Grove, Vice President & CEO of MetroDocs, and Joel Krott, 1106 Burning Bush Lane, Mount Prospect, CFO of MetroDocs were sworn in and testified that, in a joint venture with Lutheran General Hospital, they want to open an office in the Kensington Business Center. They will have 5-7 primary care doctors and an imaging center. Mr. Meyer said they feel this venture will be an asset to the community. Their current office is next to the new APT and they have been in the area many years. They have looked at properties for lease and purchase but would need a text amendment before they commit. Matt Sledz clarified that a Text Amendment was the only request and no other relief from the Zoning Ordinance was being sought. Mr. Rogers said it would be beneficial to the Village to include this use in the I1 District and closed the public hearing at 8:55. Matt Sledz made a motion to approve the requested Text Amendment as submitted for Case No. PZ-19-03, Zoning Ordinance Text Amendment. Leo Floros seconded the motion. UPON ROLL CALL: lanning & Zoning Commission PZ-19-03 Arlene Juracek, Chairperson Page 3 AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barb~a Swiatek,'Planning Secretary I --Jua~C°rlnolly~ h~, ~enior elann¢i - Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 19, 2003 HEARING DATE: JUNE 26, 2003 SUBJECT: PZ-19-03 - TEXT AMENDMENT (DOCTORS OFFICE - PERMITTED USE IN I 1 ) METRODOCS, SC BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Metrodocs, SC (the "Petitioner") regarding a proposed amendment to Village's regulations for Permitted Uses in the II Limited Industrial District (Sec. 14.2102) of the Zoning Ordinance. The P&Z hearing was properly noticed in the June 11, 2003 edition of the Journal Topics Newspaper. SUMMARY OF PROPOSAL The Petitioner, a group of doctors who are seeking to open m~ office in the Kensington Business Center (KBC), contacted the Planning Division to inquire whether a doctor's office would be permitted in the KBC. The KBC is zoned I1 Limited Industrial and a doctor's office is not a permitted use in the district. However, Medical and Dental Laboratories are listed as permitted uses in the Il District. Due to these cimumstances, the Petitioner has submitted an application for a Text Amendment to amend the Zoning Ordinance to allow doctor's offices in the Il District (which includes the KBC). The primary reason zoning districts were created was to help minimize the potential conflicts between different types of uses and to create a specific order for development to occur. In creating different districts, and their associated permitted/conditional uses, governing bodies are able to ensure safe and orderly development. In this case, the Petitioner is seeking to amend the Zoning Ordinance to allow uses similar to medical or dental labs, which xvould appear to have less of an impact within the 11 Limited Industrial District. The issue to consider when reviewing the proposed Text Amendment is balancing the impact of a more intense use such as a manufacturer, which is currently a permitted use in the I1 district, with the proposed doctor's office, which is a less intense use. The purpose of the I1 District is "...to provide an area suitable for industrial, manufacturing, warehousing and research facilities that do not create appreciable nuisance or hazards, or an area for such uses that require a pleasant, hazard and nuisance free environment." The Petitioner proposes to practice Family Medicine, which entails seeing patients from birth to hospice and intends to expand services to include MR/s, CTs, and other similar radiology scanning services. In addition, the I1 District currently permits offices that are a company's headquarters. Since the Zoning Ordinance does not specify what qualifies as a 'headquarters office' it has been Village policy to permit offices that classify themselves as a headquarters to locate iii the I1 District. A headquarters office is of a similar Z-19-03 Planning & Zoning Commission meeting June 26, 2003 Page 2 intensity as a medical office, but has different parking regulations. Tile Zoning Ordinance parking regulations for a headquarters and a professional office are calculated at 4/1,000 sq. ft of gross floor area, but a medical/dental office requires 5/1,000 sq.ft, per gross floor area. The manner in which the KBC was developed allows for adequate parking for either use and any new use would be required to meet the Village's parking regulations. In researching this matter, as well as considering the current economic and development trends, Staff recommends that the petitioner's proposal be modified so it does not limit the text amendment to the scope of services described in the Petitioner's application. Instead, Staff recommends that the text amendment adopt language similar to the B 1, B2, B3, B4 and B5 Districts, which list "Offices, business and professional" as permitted uses. The proposed Text Amendment would allow a broader scope of offices to be permitted in the Ii District, which would make it a more viable district without increasing the intensity of the district. Also, the parking regulations for offices are similar to the parking regulations for a headquarters. 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 mnendment 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 tile amendment would make the Zoning Code more permissive; and · consistency of the amendment with Village policy as established by previous rulings. The proposal to allow "Offices, business and professional" in the II District as a Permitted Use would be applicable on a community-wide basis and would not create a non-conforming situation. Although allowing a less intense use in the I1 District would make the Zoning Ordinance more permissive, the types of uses that would be permitted are consistent and compatible with other uses currently permitted in the I1 District. The proposed text amendment is consistent with the Comprehensive Plan and previous Village rulings. RECOMMENDATION The proposed Text Amendment meets tile standards contained in Section 14.203.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. 14.2102 to list "Offices, business and professional" as Permitted Uses in the Limited Industrial District, for Case No. PZ-19-03. The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, JDirector of Community Development !LI',AGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division I00 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Text Amendment Request P&Z - .02 Development Name/Address ' Hearing Date Applicant :z Name '~ Address 20" -- ~ '~ Attorney ~ Add,ess Ib~or/O.,O,qk/tOS-rcJtO 5u t-r ~ Code Sections Proposed to be Modified, Deleted, or Added: ~ tq, j/coO, ~ Proposed Text and Justification for Proposed Ch~ge(s) (attach additional Sheets if neCessar3,). Please note that the application will not be reviewed until this petition has been fully completed and all required materials have been submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appoinlxment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness at the time of submittal. I hereby afl.mm that all information provided herein and in all materials submitted in association with this application are true and accurate t x~%o f my~.~..~, ^ 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 e trodocs. $. C. John Sage, M.D. Scott Meyer, M.D. Joel Kragt, M.D. Richard Gallup, M.D. Brendan Thompson, M.D. 1247 N. Milwaukee Ave., Suite 101 Glenview, Illinois 60025 Phone: 847-296-3040 Fax: 847-296-5546 May16,2003 Village of Mt. Prospect Commtmity Development Department Planning Division 100 S. Emerson Street Mt. Prospect, IL 60056 To Whom It May Concern: The purpose of this letter is to petition a "text amendment" for the Kensington Business Center to include medical office use. Metrodocs is a Family Medical group consisting of five physicians who admit to Lutheran General Hospital and who will be applying for admitting privileges at Northwest Community Hospital. Currently our office is located in Glenview and we are interested in moving the office to the Mt. Prospect area. We have identified several locations in the Business Center, several for lease and some as a direct purchase. The addresses under consideration are: 1441 Business Center Drive, 580 Slawin Court, 1601 Feehanville Road, and 431 Lakeview Court. We are currently looking into the possibility of adding radiology services in the building including MRI scanner, CT scanner, Nuclear Medicine and Ultrasound plus other similar radiology scanning equipment. The ''text amendment" would also need to address this. We feel that we could be of value and service to the community and already draw many of our patients fi.om the Mt. Prospect area. Two of our physicians, Dr. Richard Gallup and myself both have lived in Mt. Prospect for many years. We look forward to not only continuing to live in but also to move our business to Mt. Prospect. We would appreciate changes in the "text amendment" being made to allow the addition of providing medical services in the Kensington Business Center. please contact us so that we may have a representative at any meetings you will need us to be present for and feel free to contact me directly with any questions. Sinclr.~ · J JK/mcw e trodocs. $. C. John Sage. M.D. Scott Meyer; M.D. Joel Kragt, M.D. Richard Gatlup, M.D. Brendan Thompson, M.D. July 7, 20O3 William J. Cooney, AICP Dkector of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney: 1247 N. Milwaukee Ave., Suite 101 Glenview, Itlino.is 60025 Phone: 847-296-3040 :, Fax: 847-296-5546 The Platm/~g & Zorfing Commis~on ~ecommended approval of our request for a "text amendment" for the Ken~ngton Business Center to include medical office use. Our case is scheduled to go before the Village Board for flue ordi~ance's first reading on July 15t~. 2003. I am requesting that thc Village Board waive the ~cond reading, temativety scheduled on Augusl 5'~, 2003 and take final action at the July 15"~ meeting. The reason for this request is that we need to start the project as soon a~q pass,lc. I appreciate your assistance in facilitation this request. Should you have any questions, please £eet to cogtact us at 847-296-3040~ extension 226. ,k,c-'--.~incerely, ir-) ~ '~oer L. Kragt, M.D. JLKtmcw 07-07-~ lS:29 RECEIVED FROM: kad 7/7/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (Metrodocs, SC) has filed an application for text amendments to Chapter 14 (Zoning) of the Village Code of Mount Prospect to amend a certain regulation; and WHEREAS, the Petitioner seeks an amendment to the following Section of the Village Code: Section 14.2102 PERMITTED USES WHEREAS, a Public Hearing was held on the proposed amendment, being the subject of PZ Case No. 19-03, before the Planning and Zoning Board Commission on June 26, 2003, pursuant to due and proper legal notice having been published in the Mount Prospect J~ on the 11th day of June, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the request being the subject of PZ-19-03. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ,~LQ.[~)~E~: 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 14.2102 entitled "PERMITTED USES" of Chapter 14, is hereby further amended by adding thereto in proper alphabetical sequence, which shall read as follows: "Offices, business and professional." ~: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a text amendment to Section 14.2102 of the Village Code of Mount Prospect. Page 2/2 Ch. 14, Text amendment ~L~tJ~LU~: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. &~C_T~:)Z:LJELV~: 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 APPROVEDthis day of ., 2003. ATTEST: Gerald L. Fadey Village President Velma W. Lowe Village Clerk H:\CLKO\files\WIN\ORDINANC\Text amend,Ch14,permit uses 11, july 03.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JULY 11, 2003 PZ-I 6-03 - CONDITIONAL USE (COMMLrNITY CENTER) 501 DB DRIVE NIAGARA EDUCATIONAL SERVICES, INC - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-16-03, a request to operate a Community Center in the B3 Zoning District, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. Staff reviewed the application and found that the proposal is a hybrid of uses already listed in the B3 Zoning District. Staff interpreted the request as a Community Center, which is a Conditional Use in the B3 District because the primary uses are similar to those found at a Community Center. The Petitioner concurred with Staff's interpretation and modified their request accordingly. The Planning & Zoning Commission discussed the Petitioner's request for a Community Center and Staff's recommended conditions of approval listed in the staff report. The Petitioner clarified that the proposed Community Center will have an emphasis on athletics, comparing it to the Chicago Athletic Club, and stated that the membership is open to anyone. After hearing support from people who live near the proposed development, and the Petitioner's agreement with the proposed conditions of approval, the P&Z voted 4-0 to recommend that the Village Board approve a request for a Conditional Use to operate a Community Center for the property at 501 db Drive, Case No. PZ-16-03, subject to the following conditions: 1. The hours of operation shall be limited to 9am-gpm Monday - Friday, 10am - 10pm on Saturdays, and 10am-7 pm on Sundays. 2. Guest speaker events are limited to two (2) Sundays a month. 3. Events and activities shall not deviate from those listed in the Petitioner's application': a. Cultural, educational, and sport programs; b. Wedding receptions; c. Community meetings. 4. The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated October 30, 2002, revised to reflect additional landscaping as required by Article 23 of the Village's Zoning Ordinance. 5. The development shall meet all Development, Fire, and Building, and Village Codes and regulations; Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staff will be present to answer l~ny questioCs related to this matter. 'v~illilm J. CJoone~,, Jr., AI~P MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-03 Hearing Date: June 26, 2003 PETITIONER: Mr. Tanner Ertekin Niagara Educational Services 2601 N. Meade Avenue Chicago, IL 60639 PROPERTY ADDRESS: 501 db Drive PIN #: 08-23-402-010 PUBLICATION DATE: June 11, 2003 REQUEST: Conditional Use MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene JUracek, Cliairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development INTERESTED PARTIES: Dennis Kearns Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 10:55, Mr. Rogers introduced Case No. PZ-16-03, a request for a Conditional Use to oPerate a Cultural Center. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located on db Drive, a cul-de~ sac street off of Elmhurst Road, between Algonquin Road and Oakton Street. She said that the building was the former site of the Charley Club and currently db Sound, a sound system company, occupies a portion of the building. The subject property is zoned B3 Community Shopping and is bordered on the north and east by the B3 zoning district and the R4 Multi-family Residential zoning district on the sOuth and west. Ms. ConnolIy reported that the petitioner has applied for Conditional Use approval to operate a Cultural Center. She said that the petitioner's descriPtion of events and activities to be offered at the center includes elements of a club/lodge as well as eduCational services, which are bOth permitted uses inthe B3 district. However, the intensitY of the primary activities Such as the gymnasiums, auditorium; guest speakers, seminars, and guest rooms are more in keeping with a Community Center. She said that staff has determined that the proposal is a hybrid of permitted and conditional uses currently found within the Village's Zoning Ordinance. Based on the information presented by the petitioner and further review of the uses listed in the B3 district, staff determined that the proposal shoUld be reviewed as a Conditional Use request for a Community Center. Planning & Zoning Commission PZ-16-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly said that the petitioner proposes to operate a not-for-profit center that will provide educational activities and a full service recreation center, in addition to hosting wedding receptions and providing training/meeting rooms. The hours of operation will vary, but will not extend past 10:00 pm on Saturdays. She said that the petitioner's plans for the proposed Community Center indicates that the petitioner would occupy the southern portion of the existing building while db Sound would continue to occupy the northern portion of the building. The footprint of the building would not be modified, but the petitioner intends to redevelop their portion of the building and create a 15,715 sq. ft. second floor, resulting in a total size of approximately 36,000 sq. ft for the Community Center. The first floor would include multiple gymnasiums, an auditorium with fixed seath~g, a dining room, an exhibit hall, and meeting rooms. The second floor would include classrooms, guest rooms, a meeting room, and a hospitality suite. Sections of the second floor would remain open so the first floor activities, gym, stage, etc, could be viewed from a second story balcony. Ms. Connolly reported that the existing structure does not meet current setback requirements and that the site exceeds the maximum amount of permitted lot coverage. She said that the petitioner does not propose to modify the building footprint and that the site will retain its legal non-conforming classification. The petitioner's plans indicate new landscaping will be installed only along the south lot line. However, the Zoning Ordinance requires more landscaping than what currently exists along the north, east, and west lot lines. She reported that the petitioner's plan indicates the site will provide a total of 218 parking spaces. Based on the information submitted by the petitioner, the development complies with parking regulations and will have additional spaces. The petitioner proposes to make minor modifications to the exterior o? the building. Improvements include adding additional exits as required by Village Codes, installing a new canopy on the front entrance, and installing new windows. Ms. Connolly said that other Village Departments have reviewed the proposal and did not have specific concerns with regards to the proposed use. However, the petitioner is required to comply with all applicable building and fire codes, which include, but are not limited to, installing a fire alarm, sprinklers, and stand pipes. Engineering noted that the parking lot was originally designed to store storm water runoff and that~i~ wil! ilo, od' occasionally. Staff explored the possibility of removing some parking spaces in order for the site to comply with lot coverage limits and provide relief for the occasional flooding situation. However, correcting the design of the existing parking lot would require significantly more work than simply removing some parking stalls; instead a complete redesign of the parking lot'would be necessary. Staff does not recommend taking action on this matter since it is an existing condition that the petitioner is aware of and flooding incidents are infrequent. Ms. Connolly said that, in order to approve the proposed Community Center, the request must meet the Conditional Use Standards listed in the Zoning Ordinance. She summarized the standards and said that the subject property is zoned for commercial use,~ H0weyer, the Zoning Ordinance lists Community Centers as a conditional use in the B3 Zoning District. The petitioner is not changing the footprint of the building and proposes minor exterior improvements. Also, the site provides more parking spaces than are required by the Zoning Ordinance. She said that the petitioner is required to comply with all related Village Codes in conjunction with the conversion of a portion of the existing building into a Community Center. Limiting the intensity of the proposed activities to the hours listed on the petitioner's application should minimize the impact of the proposed use on the adjacent properties. She said that maintaining the current number of parking spaces would help minimize adverse impacts of occasional large- scale events. Planning & Zoning Commission PZ- 16-03 Arlene Juracek, Chairperson Page 3 Ms. Connolly reported that the proposed Community Center meets the Conditional Use standards listed in the Zoning Ordinance, subject to complying with the following conditions: 1. The hours of operation shall be limited to 9am-9pm Monday- Friday, 10am - 10pm on Saturdays, and 10am-7 pm on Sundays. 2. Guest speaker events are limited to two (2) Sundays a month. 3. Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural, educational, and sport programs; b. Wedding receptions; c. Community meetings. 4. The site will be developed in accordance with the landscape plan, floor plan, and elevations prePared by K0stak Associates, P.C., dated October 30, 2002 revised to reflect additional landscaping as required by Article 23 of the Village's Zoning Ordinance. 5. The development shall meet all Development, Fire, and Building, and Village Codes and regulations; Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for a Community Center for the property at 501 db Drive, PZ-16-03. The Village Board's decision is final for this case. Mr. Rogers inquired about hours of operation for Saturdays - 10:00 p.m. He noted that wedding receptions often continue to 1:00 a.m. He asked if the applicant understood there would be police enforcement of the posted hours. Ms. Connolly said the applicant was here to address that question. Warren Kostak, 55 Euclid Avenue, Kamal Alexis, On-Site Manager, 1205 Cottonwood Lane, Eric Coinsu, Project Coordinator, 5000 River Road, Schiller Park, Michael O'Malley, 107-1/2 Prospect, Mount Prospect, were sworn in. Mr. Kostak said this was similar to the previous case with more of an athletic bent. He said it will be a private club, but membership will be open to anyone, not just to a specific ethnic group. There is a gymnasium and running track, and the Community Center will have classrooms for lectures, education programs, English as a Second Language classes, and professional training. Mr. Rogers asked the petitioner if he had seen the letter from db Sound and realized that business would be a noisy neighbor. The petitioner said yes, and the noisy neighbor would be their tenant. Mr. Alexis reiterated that this center would be like the Chicago Athletic Club and would have cooking and dancing classes, be open to members of all ethnic groups and races, and that the classes would be oriented to various cultural groups. He said that health and fitness will be stressed and there will be a dining establishment for members and their guests only, by reservation. Alcohol will not be served. Christina Dogendemeer, 1300 Sir Galahad Lane, was sworn in and testified she had been present at the original presentation of this cultural center at the RecPlex on June 18t~ and that she ~vas very much in favor of this project. She said that she and her children would utilize the facility. Clare Bizarik, a resident of Mount Prospect for 12 years, was sworn in. She said that she has five children and that she has been a gym teacher 15 years with District 59. She said that three of her children are gifted and that she welcomes the cultural diversity the Community Center would bring to Mount Prospect. Mr. Alexius said they want to be part of Mount Prospect, "Where Friendliness is a Way of Life". Mr. Rogers closed the public hearing at 11:35. lanning & Zoning Commission PZ-16-03 Arlene Juracek, Chairperson Page 4 Mr. Floros asked if the neighbors at the Colony Apartment had voiced opinions on this project. Ms. Connolly said staff did not receive any feedback from the residents of the complex, but legal notices had been published in the paper, notices mailed to property owners within 250' of the property, and a Public Hearing sign was posted at the property 15 days before the hearing. Mr. Rogers said those residents would probably use the facilities, too. Matt Sledz made a motion to recommend that the Village Board approve the requested Conditional Use with conditions outlined by staff for Case No. PZ-16-03,501 db Drive. Merrill Cotten seconded the motion, UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary ~Uc[y Connollf, AICP, senior Planner,3/ Pag~ 1 of 1 4:37 PM TO: FROM: Subject: FAX Judy Connelly, Pdchard Rogers ~ x~k FAXNO.: 847-815o5329 Harry Wkz, Founder and CIEO; (d~ LP DATE: June 26, 2003 Please forward to the PtarmSng and Zoning Commissioners Tonight. (There are one pages in this facsimile, including ~his one) Please accept my apologies for not being able to attend the Planning Commission meeting tonight. I have been called out of town on a business emergency. I I~ad intended to attend to voice our concerns over the application for a Conditional Use Permit on the premises of 501 db Drive in Mount Prospect; a building that we would co-exist in witll the new owner and tenant. While we would welcome newtenants and a new owner of our building, we would be remfss if we did not notify the Commissioners and prospective new owner of a probable conflict between our occupancy and the new entity. Db Sound pedorms retail sates of sound reinforcement equipment atthe location, but we also do extensive testing of audio gear at the location for the touring portion of our business (i.e., where we rent equipment to traveling entertainment tours). For this reason, our business is necessarily and frequently ve~ loud and does not lend itself well to a neighbcr who would require a very quiet and tranquil work space. This noise level does not present difficulty to our neighbors outside of the 501 db Ddve building, but it certainly would impact the peaceful co-ex~stence between any new business seeking to use the space on the sou[h side of the building_ In my professional opinfon, adequate sound pmo0~j between to two halves of the building would be difficult, expensive, and pr0babJ7 not totally effective. Again, we welcome with open arms flew owners and/or tenants to the building that we lease at 501 db Drive. However, I wanted to make you aware of this potential problem as you consider the issue before the Commissioners tonight. ! am going to attempt to have a db employee present at the meeting to answer any questions that the Commissioners might have in this ~egard. Please again accept my apologies for not being able to attend db S¢~Jnd Ch[C,a~o- Tok.)~o -..4uztn~tta. Genwany 501 db Ddve, Mount Pro~p<3c~, illinois S0(356 Voice: ~47-36--~-11C~ Fax~ &47-,364-3~ID 06-26-83 16:25 RECEIVED FROM: 847~64~- l t9 P.l~l Village. of Mount Prospect Community Development Department CASE SUMMARY - PZ- 16-03 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONENG: LAND USE: REQUESTS: 501 db Drive Tanner Ertekin, Niagara Educational Services, Inc. Trust No. 5022, Harris Bank 08-23-402-010 3.67 acres B3 Community Shopping 48,291 sq. fL building combination of warehouse and former health club Conditional Use (Community Center) LOCATION MAP Algonquin Road dB Drive Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 19, 2003 HEARING DATE: JUNE 26, 2003 SUBJECT: PZ-16-03 - CONDITIONAL USE (COM~ITY CENTER) 501 db DRIVE - NIAGARA EDUCATIONAL SERVICES, INC. BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the appl?,ation by Niagara, Educational Services, Inc. (the "Petitioner") regarding the property located at 501 db Drive (the Subject Property ). The Petiti°ner is seeking C0nditional US~ app?oi/al for a prop°sed Cultural centel:i The P&Z hearing was properly noticed in the June 11, 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 sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on db Drive, a cul-de-sac street off of Elmhurst Road, between Algonquin Road and Oakton Street. The building was the former site of the Charley ClUb and currently db Sound, a sound system company, occupies a portion of the building. The Subject Property is zoned B3 Community Shopping and is bordered on the north and east by the B3 District and the R4 Multi-Family Residential District on the South and west. SUMMARY OF PROPOSAL The Petitioner has applied for Conditional USe apProVal t° operate a Cultural Center. The Petitioner's description of events and activities to be offered at the center ifiCiudes elements ofa Club/L0dge as well as Educational Services, which are both permitted USes in the B3 Distrlctl HoweVer, the intensity of the Primary activities such as the gymnasiums, auditorium, guest speakers, seminars, and guest rOoms are more in keeping with a Community Center. Staff has determined that the proposal is a hybrid of uses (Permitted and conditional) currently found within the Village'S z6ning OrdinanCe. Based on the information presented by the Petitioner and further review of the uses listed in the B3 ~Distriet, 'staff determined'that the p~oposal should be reviewed as a Conditional Use request for a Community Center. Conditional Use - Community Center The Petitioner proposes to operate a not-for-profit center that will provide educational activities and a' full ~ervice recreation center, in addition to hosting wedding receptions and providing training/meeting room~. The hours Of operation will vary, but will not extend past 10:00 pm on Saturdays. PZ-16-03 Planning & Zoning Commission meeting June 26, 2003 Page 3 The attached exhibits outline the Petitioner's plans for the proposed Community Center. The submittal indicates that the Petitioner would occupy the southern portion of the existing building while db Sound would continue to occupy the northern portion of the building (approximately 48,291 sq. ft.). The footprint of the building would not be modified, but the Petitioner intends to redevelop their portion of the building and create a 15,715 sq. ft. second floor (resulting in a total size of approximately 36,000 sq. ft.). The first floor would include multiple gymnasiums, an auditorium with fixed seating, a dining room, an exhibit hall, and meeting rooms. The second floor would include classrooms, guest rooms, a meeting room, and a hospitality suite. Sections of the second floor would remain open so the first floor activities (gym, stage, etc.) would be viewable from a second story balcony. GENERAL ZONING COMPLIANCE The existing structure does not meet current setback requirements and the site exceeds 75% lot coverage, which is the maximum amount permitted. The Petitioner does not propose to modify the building footprint and the site will retain its legal non-conforming classification. Landscaping The Petitioner's plans indicate new landscaping will be installed only along the south lot line. However, the Zoning Ordinance requires more landscaping than what currently exists along the north, east, and west lot lines. Parking The Petitioner's plan indicates the site will provide a total of 218 parking spaces. Sec. 14.2224 of the Zoning Ordinance lists the minimum number of parking spaces required based on how the space will be used. In this case, calculating each use separately, the Petitioner is required to provide 126 parking spaces and db Sound is required to provide 39 spaces. Based on the information submitted by the Petitioner, the development complies with parking regulations and will have additional spaces. Existing Building The Petitioner proposes to make minor modifications to .yhe e?cterior 0f the building. Improvements include adding additional exits as required by Village Codes, installing a new canopy on the front entrance, and installing new windows. Additional Staff Comments Other Village Departments have reviewed the proposal and did not have specific concerns with regards to the proposed use. The Petitioner is required to comply with all applicable Building and Fire Codes, which include, but are not limited to, installing a fire alarm, sprinklers, and stand pipes. Engineering noted that the parking lot was originally designed to store storm water runoff and that it will flood occasionally. Staff explored the possibility of removing some parking spaces in order for the site to comply with lot coverage limits and provide relief for the occasional flooding situation. However, correcting the design of the existing parking lot would require significantly more work than simply removing some parking stalls; instead a complete redesign of the parking lot would be necessary. Since it is an existing condition that the Petitioner is aware of, and flooding is infrequent, Staff does not recommend taking action on this matter. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14:203:¥.8 of the Vi!lage 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: Z- 16-03 Planning & Zoning Commission meeting June 26, 2003 Page 4 · The Conditional Use will not have a detrimental impact on the public health, safety; morals, comfort or g.eneral 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 Subject Property is zoned for commercial use; however, the Zoning Ordinance lists Community Centers as a Conditional Use in the B3 District. The Petitioner is not changing the footprint of the building and proposes minor exterior improvements. Also, the site provides more parking spaces than are required by the Zoning Ordinance. The Petitioner will be requires to comply with all related Village Codes in conjunction with the conversion of a portion of the existing building into a Community Center. Limiting the intensity of the proposed activities to the hours listed on the Petitioner's application should minimize the impact of the proposed use on the adjacent properties. Maintaining the current number of parking spaces would help mihimize adverse impacts of occasional large-scale events. RECOMMENDATION The proposed Community Center meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to complying with the following conditions: 4~ The hours of operation shall be limited to 9am-9pm Monday - Friday, 10am - 10pm on Saturdays, and 10am-7 pm on Sundays. Guest speaker events are limited to two (2) Sundays a month. Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural, educational, and sport programs; b. Wedding receptions; c. Community meetings. The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated October 30, 2002 revised to reflect additional landscaping as required by Article 23 of the Village's Zoning Ordinance. The development shall meet all Development, Fire, and Building, and Village Codes and regulations; Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for a Community Center for the property at 501 db Drive, PZ-16- 03. The Village Board's decision is final for this case. Iconcur: William J. ~boney, A~}, Director of Community Development VILLAGE OF MOUNT PROSPEC 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) 501 DB Drive (Formerly Midway Drive) Site Area (Acres) 3.67 ] Property Zoning B-3 I T°tal Building Sq' Ft' (Site) [48,291FTz Setbacks: Front Rear Side (Interior) Side (Comer) 148 FT. 19.25 FT. 258 FT. 9.6 FT. Building Height Lot Coverage (%) Number of Parking Spaces 26 FT. 81.4% 218 Adjacent Land Uses: North South East West I-1 & B-3 R-4 B-3 R-4 Tax I.D. Number or CoUnty Assigned Pin Number(s) 08-23-402-010 Legal Description (attach additional sheets ifnecessary) LOT 1 IN VAVRUS SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 2 IN NORTHWAY INVESTMENT SUBDIVISION OF PaRT OF'i~HE SOUTHEXST¼0F~ Yi{l~ 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD pRINCIPXL MERiDIAN~ TO THE PLAT THEREOF REGISTERI~.D IN THE OFFICE OF THE' REGIST~ O~F~YiTLES OFCOOK COUNTY, ILLINOIS ON DECEMBER 18, 1980 AS DOCUMENT LR3194~ Name Telephone (day) MR. TANER ERTEKIN 773.479.2891 Corporation Telephone (eveningi" NIAGARA EDUCATIONAL SERVICES, INC. 317.701.0303 CELL Street Address Fax 2601 N. MEADE AVENUE 773.479.2894 City State Zip Code Pager CHICAGO IL 60639 N/A Interest in Property CONTRACT PURCHASER Name SHARP REALT .)LIET, IL 60435 TelephG ',ay) Contact CHARLES SHARP 815-741-7000 Corporation Telephone (evening) TRUST NO. 5022, HARRIS BANK Street Address Fax 2701 BLACK ROAD, SUITE 202 815-741-3131 City State Zip Code Pager JOLIET IL 60435 Developer Name NIAGARA EDUCATIONAL SERVICES, INC. Telephone (day) 773-479-2891 Address 2601 N. MEADE AVENUE Fax 773-479-2894 CHICAGO, IL 60639 Attorney Name MICHAEL J. O'MALLEY Telephone (day) 847-57%7546 Address 107½ PROSPECT AVENUE Fax 847-577-7549 MT. PROSPECT, IL 60056 Surveyor Name EDWARD J. MALLOY & ASSOC., LTD. Telephone (day) 630-595-2600 Address 123 MARK STREET Fax 630-595-4700 ARLINGTON HEIGHTS, IL 60005 Engineer Name Telephone (day) Address Fax Contact Architect Name KOSTAK ASSOCIATES, P.C. Telephone (day): 847-394-9444 Address 55 E. EUCLID AVENUE~ SUITE 430 Fax 847-394-9445 MT. PROSPECT, IL 60056 Contact WARREN KOSTAK Landscape Architect Name Telephone (day): Address Fax Contact 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 ropose~t Conditional USe (a~ listed in the zoning district) RECREATIONAl-, AND COMMUNI'i;Y CENTERS, HEALTH SERVICES, CLUBS, GYMNASIUMS, DAYCARE CENTERS. Describe in Detail the Buildings and A'ctivitics PrOposed and How the proposed USe Meets the Attached Standards for Conditional Use ApProval (attach additional ~h~et~ if'necessary) THE EXISTING BUILDING FOOTPRINT WILL NOT BE CHANGED. NIAGARA PLANS TO BUILD A SECOND FLOOR INSIDE OF THE SOUTH HALF OF THE EXISTING BUILDING. IT WILL PROVIDE A TOTAL OF APPROXIMATELY 32,000 SF AND BE USED AS A CULTURAL CENTER TO DELIVER RIGOROUS, INNOVATIVE CULTURAL, EDUCATIONAL AND SPORTS PROGRAMS AS A FULL SERVICE RECREATIONAL CENTER FOR THE SUBURBAN AREA'S DIVERSE ETHNIC GROUPS. FAC~ITI~ WILL INCLUDE AUDITORIUM, TRAINING AND MEETING ROOMS, ADULT AND CHILDREN GYMNASIUMS, KITCHEN AND DINING AREAS, EXHIBIT HALL, GUEST ROOMS AND oFFICES. IN ADDITION TO THESE SERVICES, NIAG~ WILL OFFER CUSTOMIZED PROGRAMS sUCHAS WEDDING RECEPTIONS AND A PLACE FORCOMMUNITY MEETINGS. Hours of Oporati~n "' '~' MONDAY TH~U FRIDAY 9AM TO 9PM SATURDAY I0 AM TO 10 PM SUNDAY 10AM TO 7 PM Address(es) (Street NumbS'r. S~eet) ..... Front Rear Side Side Building Height Lot Coverage (%) Number of Parking 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 staffs9 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 ofthe 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 affirm that all information provided herein and in all materials submitted in association with this applicatiOn are true and accurate to the best of my knowledge. 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 mate~ 100 South Emerson Street, Mount Prospect Illinois wxvw.mountprospect.org Date Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ffidavit of Ownership COUNTY OF COOK ) ) STATE OF ILLINOIS ) , under oath, state that I am the sole -~-- an authorized officer of the ) ) owner Of the property ) commonly described as 501 l~R I~I~IV1Z~ MT_ PI~f~.RPlZC'T~ II ,. and that such property is owned by as of this date. Subscribed and sworn to before me this I ct-~t day of Notary Public Mount Prospect Department of Community Development I00 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 THE BUSINESS PLAN FOR NIAGARA CULTURAL CENTER: NIAGARA CULTURAL CENTER THINK DIFFERENT NIAGARA EDUCATIONAL SERVICES, INC. 2601 North Meade Avenue · CHICAGO · ILLINOIS 60639 PHONE: (773) 479-2891 · FAX: 773) -'179-2894 CONTENTS I INTRODUCTIONAND SUMMARY 1.1 Brief Description of the Project 1.2 The Center Developers 1.3 Address 1.4 Population / Membership for Each of the First Three Years 2, NCC AS A COMMUNITY CENTER 2.1 Operating Hours 3 MANAGEMENT AND STAFF STRUCTURE 3. I Director 3.2 Administrative Assistant 3.3 Experts From The Community And Educational Institutions 4 FINANCIAL AND CAPITAL PLAN 4.1 Projected Revenues and Expenditures 4.2 Salariesand Benefits 4.3 Initial and Additional Capitalization of the Project 4. 4 Financial Records INTRODUCTION AND SUMMARY 1.1 BRIEF DESCRIPTION OF THE PROJECT THE NIAGARA CULTURAL CENTER (NCC) is going to be established by Niagara Educational Services, Inc. an Illinois not-for-profit organization. The goal of the Niagara Cultural Center is to provide our members with all the courtesies, comforts, privileges, and services a fine private club can offer. As a Member of The Niagara Cultural Center you can enjoy the highest level of personalized service in an elegant and relaxing atmosphere. We offer excellent dining facilities, guestrooms and suites, meeting rooms, boardrooms, and catering. The Center offers elegant accommodation with personalized care, attention and hospitahty. The Center offers various Member functions to enjoy with family, friends and business associates, including executive forums and holiday events. Business casual dining is available at breakfast and lunch and dinner. Private dining rooms can accommodate parties and business meetings for our Members and their guests. We are committed to: · Improving the health and well being of our members, employees and communities. · Providing our members with exceptional service and facilities. · Demonstrating integrity and professionalism in everything we do. · Encouraging excellence by supporting innovation, initiative, and personal growth. We work as a team, treating everyone with kindness and respect. · Participating actively in improving the quality of life in our community. · Creating welcoming environments and enriching experiences those are safe, friendly and fun. The Center's facility will include followings; A- Conference Center · Meeting Rooms · Training Rooms · Auditorium B- Sport Complex · Gymnasium (Adult) · Gymnasium (Children) · Fitness Room · Locker Rooms C- Social Center · Exhibit Hall · Library · Computer Room · Child Care D- Accomrnodation Guest Rooms and Suites * Laundry Room · Kitchenette E- Offices F- Dining Facility · Dining Hall · Fully Equipped Commercial Kitchen · Caf~ · Vending Machines SERVICES The center offers the following services to its members and their guests: A-Conference Center The Niagara Cultural Center has private conference rooms and auditorium that may be reserved for business meetings, private luncheons and special events. The rooms are multifunctional and configurable to suit your needs. Our center is happy to arrange for a complete array of specialty audio-visual presentation equipment. Catering services, from our own Cafe, are also being available. Then when the business of the day is finished, treat your colleagues to an invigorating workout. B-Sports Complex Basketball / Volleyball The Niagara Cultural Center gymnasium is a perfect place for those who love basketball or volleyball. The gym is available for recreational open play, competitive leagues, and tournaments. Depending on member interest, other programs may include: league play, women's league, inter-club tournament play and casual pick-up games. The gymnasium is also our venue for the Center's volleyball program which includes open play, league competitions and mixed social nights. Fitness The Niagara Cultural Center is home to the highest caliber of fitness professionals. We cater to every level of fitness enthusiast. So whether youtre a novice or an expert, you will enjoy our modern fitness facilities, which are professionally staffed, spacious and safe. Group Exercise Variety is the hallmark of our Group Exercise Program. Complimentary Group Exercise classes and workouts are offered in studio spaces and are designed to include all fitness levels and modes of cardiovascular, muscular and flexibility conditioning training. C-Dining Facility Our center offers a variety of dining options throughout the day. The Cafe's menu features healthy cuisines prepared fresh daily, including pasta salads, fruit salad, sandwiches, soups, and daily specials. In the morning, the Cafe opens to serve a variety of breakfast items such as fresh fruit, muffins, blended smoothies and cereal. After breakfast, the Cafe menu expands to offer soup, salads, sandwiches, specialty pizzas and a large selection of beverages. In addition to our regular menu, we offer a seasonal menu to highlight the best meats and produce local suppliers have to offer. We also provide nutritional analysis on all of our menu items from the delicious, vegetarian, butternut squash risotto to the tangy, tomato Garcia soup. D-Accomrnodation The Niagara Cultural Center will have deluxe guest rooms and a suite, which allow us to offer our members the kind of accommodation they deserve. Our accommodations provide the ambiance, security and extraordinary service of a private club, plus the conveniences of a modern hotel Each room features: · Voicemail · High speedinternet · Coffee maker with complimentary coffee · Hairdryer · Telephone extension in the bathroom · Full length mirror · Bathroom scales · Remote control TV with movie channel · Iron and board · Laundry · Safe E- Social Events From hikes and gallery tours to salsa lessons and the theater, our goal at the Niagara Cultural Center is to offer you an ever-changing assortment of unique and exciting social activities. If your tastes lean to the culinary, you can try a cooking class. Join our book club or begin a new hobby. No matter where your passions lie, the Niagara Cultural Center offers a social event that's right for you. Library The Niagara Cultural Center library maintains a collection of books including reference materials, books on tape and CD, periodicals, and audiotapes and videos on tape (including children's videos) and DVD. We also have access to valuable online research tools and the Internet. Child Care The Play Club at The Niagara Cultural Center is a dynamic, fun, and nurturing environment that your child will enjoy while you pursue your fitness and relaxation goals. From storytelling and music, to games and free play, there is plenty to engage your child's imagination and stimulate his/her curiosity. In addition to childeare services, The Play Club also hosts an array of special events including Grown Ups Night Out, holiday workshops, birthday parties, and more! The Play Club is available to all Club members and their guests. 1.2 THE DEVELOPERS Niagara Educational Services Inc. (NES) is developing Niagara Cultural Center. The developers are individuals dedicated to the mission of the Niagara Cultural Center. Niagara Educational Services has great support from its members in greater Chicago area. Community members are involved in all faces of providing financial, educational, and technical support. NES was established in 1997 asa tutoring center at 8604 Catalpa Avenue #100 Chicago, IL. In 2000 NES opened Science Academy of Chicago, a private elementary school at 2601 North Meade Avenue Chicago, IL 60639. For more information you can visit Science Academy of Chicago at www.saoc.org Board of Directors of Niagara Educational Services Inc. as follows: Alp ASLANDOGAN, Ph.D. - President Ali DALKILIC, MBA - Vice President Galip KOYUK, MS - Secretary Mehmet YORUKOGLU, Ph.D.- Member Suleyman ULUDAG, Ph.D. - Member Said AKSOY - Educational Coordinator Salim UCAN - Principal, Science Academy of Chicago 1.3 ADDRESS Niagara Educational Services, Inc. is located at 2601 N. Meade Avenue Chicago, IL. Niagara Cultural Center will be located at 501 db Drive Mount Prospect, IL Contact Person for NES and NCC is Mr. Erie Koyuneu. Phone: (773) 988-3191 Fax Number (773) 479- 2894 Email: Koyuncu@saoc.org z.4 The Population / Membership for the First Three Years The Niagara Cultural Center aims to reach the 200 members from all diverse communities. Ail age, race, ethnieity, gender, education level and religion are welcomed to NCC] First Year: 100 Members Second Year: 150 Members Third Year: 200 Members Staff number of NCC will be about 7-10 people. Max people in the building in one time would not be more than 250. Average number of people in the building would be around 40-50 for peak hours. We expect %35 attendance from members' guests for our activities. 2 NIAGARA CULTURAL CENTER AS A COMMUNITY CENTER OPERATION HOURS Niagara Cultural Center will be in operation between 9:00 am and 10:00 pm for week days. Peak hours would be after work and after school hours. Weekend hours are going to be as follows: Saturday from 10:00 am to 10:00 pm. Sunday from 10:00 am to 7:00 pm. Guest Rooms and kitchen]dining room will be available for reservatiOns only. Over staying guests will be allowed to use center's £acihties only during regular business hours. After hours guest access to the Center will be monitored by night manager. 3 MANAGEMENT AND STAFF STRUCTURE 1 Director QuaIificatior~s: · minimum of a Bachelor Degree in business administration, or education · minimum of 5 years of administration experience · excellent communication skills · shared vision to Niagara Cultural center's mission. Responsibilities: The Director of Niagara Cultural Center is an integral member of the community The Director must support shared decision making, promote collaborative leadership and require accountability from all people in the center. In addition to serving as the leader of the center, the Director is responsible for planning, budgeting, facilities management, scheduling staff development, and supervision and evaluation of staff. The Director is responsible for running the center efficiently and, at the same time, advancing the ideals of the center. The Director will establish and maintain regular communication with local public officials. 3.2 Administrative Assistant Qualifications: · experience in business management, accounting and records management knowledge and expertise in general accounting and bookkeeping · excellent communication skills Responsibilities: The administrative assistant is responsible for ensuring the office of the center is run in an efficient, friendly and accountable manner. The administrative assistant will receive phone calls and forward calls to the appropriate party as needed. 3.3 EXPERTS FROM TI-IE COMMUNITY AND EDUCATIONAL INSTITUTIONS The Niagara Cultural Center will enhst professionals, experts and specialists such as psychologists, university professors, tutors, related service professionals on a fee per visit basis as needed for conferences, workshops, training and tutoring. 4 FINANCIAL AND CAPITAL PLAN 4. ] PROJECTED REVENUES AND EXPENDITURES Capitalization of the Project Start up fund will be provided by Niagara Educational Services, Inc. and donations from local donors. NES has a not-for-profit 501 (c) (3) tax exempt status. It encourages people and companies to make donations to NCC. NES/NCC can use other local, state and federal sources Operating budget lists revenues by source such as donation, state and federal grants, earned income, loan etc. Expenditures are shown by object such as salaries, benefits, books, rent, utilities, etc. As circumstances change and when the actual figures become available, Finance sub-committee and the Director are going to prepare a report for the Board of Trustee of NES. The report will help us to reconcile and explain the difference between the planned budget and revenue and expenses. 4.2 SALARIES AND BENEFITS The salary scale for the hiring process will be developed by the Board. The initial estimates of the salaries are as follows: Position Director Administrative Assistant/Night Manager Part-time Teacher/Tutor/Coach/Cook Part-time Custodian / Handy man/Waiter Salary $30,000- $40,000/Annual $20,000 - $30,000/Annual $10- $17 per hour $6-$14 per hour Employee benefits will include Social Security unemployment compensation, and other benefits required by law or regulation. NCC intends to include individual health care coverage as part of the benefits package for full-time employees. 4.3 INITIAL CAPITALIZATION OF THE CENTER PROJECT Estimated start up expenses will be around $1,050,000 ( $800,000 for construction, $250,000 for equipments). We expect to start construction in mid October 2003 After completion of construction NES will hire the director Of the center. He/she Will make the center ready for its goal. 4.4 FINANCIAL RECORDS Finance Sub-Committee* supervises all the activities and prepares monthly and annual reports to The Board of Directors Niagara Cultural Center wK1 hire an Administration Assistant who is going to be responsible for internal book keeping and all financial records. NCC will have a contract with a public account company to have outside annual audit. *For disposition of equipment, materials, supplies, facilities and an inventory system ~o maintain all the fixed assets in the center, there will be a sub-committee composed of one person fi.om board of directors, one person from the center administration, one person fi.om staffand two or three people from members. The committee will be responsible to plan material purchases and maintenance expenses. 9g009 -II '.l.O~lSObld 'J.~l 'ONI 'S;~OIAId::lS 'IYNOIJ.¥OH(]:i ¥1:I¥;D¥1N I:lO::l Idq.LN:lO 'l¥idiq.L'idO (]:l$OdOldd 00'09~ -0 ,h .® 'ONI 'S301AI:I--JS -IVNOI.LVOI'IQ3 VEIVE)VIN MaIN:lO -Ivun.L-lno O:lOOdOl::ld ~ ~ ~ ~ ~,.~- ~ I il illiam J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, July 8, 2003 The Planning & Zoning Commission recommended approval of my conditional use request by the Village Board vote. Our case is scheduled to go before Village Board for the ordinance's first reading July 15th . I am requesting that the Village Board waive the second reading, tentatively scheduled for the second Village Board meeting, and take final action at the July 15th meeting. "I would like to start the project as soon as possible." I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847/809-0676 Sincerely, Taner Ertekin Niagara Educational Services, INC. 2601 N. Meade Ave. Chicago, IL 60639 VWL 6/30/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 501 db DRIVE WHEREAS, Tanner Ertekin/Niagara Educational Services, Inc. (hereinafter referred to as Petitioner) has filed a petition for a Conditional Use permit with respect to property located at 501 db Drive, (hereinafter referred to as the Subject Property) and legally described as follows: Property Index Number: 08-23-402-010 Lot 1 in Vavrus Subdivision, being a resubdivision of part of Lot 2 in Northway Investment Subdivision of part of the southeast ~¼ of the southeast 1/4 of Sec. 23, Township 41 North, Range 11, east of the 3rd Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on December 18, 1980 as Doc: No. LR3194655. and WHEREAS, the Petitioner seeks a Conditional Use permit to operate a community center at 501 db Drive; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-16-03before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the June 11,2003; 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-16-03; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: 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 Conditional Use permit, as provided in Section 14.203.F.7 of the Village Code, to allow the operation of a community center at 501 db Drive, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." PZ-16~03,501 db Drive Page 2/2 SECTION THREE: That prior to the issuance of a building permit relative to the Conditional Use permit, the following conditions and/or written documentation shall be fulfilled: The hours of operation for the use shall be limited to 9:00 a.m. to 9:00 p.m. Monday through Friday, 10:00 a.m. to 10:00 p.m. on Saturdays, and 10:00 a.m.-7:00 p.m. on Sundays. 2. Guest speaker events are limited to two (2) Sundays per month. Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural, educational, and sport programs; b. Wedding receptions; c. Community meetings. The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated October 30, 2002, revised to reflect additional landscaping as required by Article 23 of the Village's Zoning Ordinance. The development shall meet all Development, Fire, Building, and Village Codes and regulations. SECTION FOUR: 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 FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:\GEN\file$\WfN\ORDiNANC\O.USE.PZ.16-03, 501 dbDrive,community ctr.doc Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 11, 2003 SUBJECT: PZ-04-03 - 300 E. RAND ROAD 1) REZONE 2) CONDITIONAL USE (COMMUNITY CENTER) 3', ROBERT C. HSU - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-04-03, a request to rezone one lot of record from B4 to B3, a Conditional Use for a Community Center, and a plat of resubdivision that consolidates the site to one-lot of record, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. Staff reviewed the application and found that the proposal is a hybrid of uses already listed in the B3 Zoning District. Staff interpreted the request as a Community Center, which is a Conditional Use in the B3 District because the primary uses are similar to those found at a Community Center. The Petitioner concurred with Staff's interpretation and withdrew the proposed Text Amendments that created a definition of a Cultural Center in addition to the Text Amendment that would list a Cultural Center as a Conditional Use in the B3 Zoning District. The Planning & Zoning Commission discussed the Petitioner's request for a Community Center and Staff's recommended conditions of approval listed in the staff report. After hearing considerable discussion from residents who live east of the Subject Property and the Petitioner's concurrence with the conditions of approval, the P&Z amended the list of conditions to address the neighbors' concerns and voted 4-0 to recommend that the Village Board approve a request for a Map Amendment, Conditional Use, and Plat of Resubdivision for the property at 300 E. Rand Road, subject to the following conditions: o Submit a photometric (lighting) plan that indicates the parking lot and building lights will not spill or glare onto the adjacent residential properties; The hours of operation shall be limited to 9am - 9pm Monday - Friday, 9am - 11:00 pm on Saturday, and 9am - 8:00 pm Sunday; Guest speaker events are limited to two (2) Sundays a month; Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural and educational programs for the suburban area's diverse ethnic population; b. Auditorium will feature performance artists (dance, music, opera) guest speakers, seminars and video conferences; c. Guest room will be used by visiting artists and speakers only; The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated May 14, 2003 but revised to reflect full access to/from the site from Rand Road and Kensington Road with a baixier gate located by the Kensington entrance that is equipped with opti-com equipment; The Kensington Road gate shall remain closed at all times except when the overflow parking area is in use; Z-04-03 300 E. Rand Road July 11, 2003 Page 2 7. Provide calculations that verify the required and proposed storm water detention volumes and indicate all overland flow paths on the Engineering plans; 8. Complete the subdivision process; 9. The development shall meet all Development, Fire, Building, and other Village Codes and regulations; 10. Restoration of areas that are disturbed by the installation of the fence along the east lot line and replacement of trees inadvertently removed as part of the site clean-up with comparable trees and landscaping; 11. Prior to Village Board review, provide fence details and documentation that neighbors concur with fence specifications regarding the proposed fence material and connections to existing fences; 12. No entrance from the Subject Property to Garwood. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 15, 2003 meeting. Staff will be present to answer any questions related to this matter. William J. C~ooney, Jr.,~JdCP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-04-03 Hearing Date: June 26, 2003 PETITIONER: Robert Hsu, New Asia Foundation 8700 N. LeClaire Ave. Chicago, IL 60077 PROPERTY ADDRESS: 300 E. Rand Rd. PIN #s: 03-34-201-003; 03-34-201-005; 03-34-201-006; 03-34-200-005 PUBLICATION DATE: May 7, 2003 REQUEST: Text Amendment / Map Amendment / Conditional Use / Resubdivision MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Jeff Cohen Robert Hsu Warren Kostak Chairperson Richard Rogers called the meeting to order at 7:32 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merrill Cotten. The May meeting minutes were approved 4-0. At 10:05, Mr. Rogers introduced Case No. PZ-04-03, a request for a Text Amendment, a Map Amendment, Conditional Use, and Resubdivision to build a Cultural Center. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said the four subject lots are located on the north side of Rand Road, between Main Street/Route 83 and Windsor Drive, and was the site of the former Butch McGuire's Bar. She said a fire destroyed the bar in the 1980s and the site has remained undeveloped since the bar was demolished. The subject properties are zoned commercial, three lots are zoned B3 and one lot is zoned B4, and are bordered on the north and west by the B3 district, and residential on the east. Ms. Connolly reported that the petitioner is seeking to construct a Cultural Center. She said the attached exhibits outline the petitioner's plans for the proposed building and detail the proposed activities and hours of operation. The petitioner prepared a definition of a Cultural Center and provisions for a Cultural Center as a Conditional Use in the B3 Zoning District. These Text Amendments would be incorporated into the Village's Zoning Ordinance. She said that as part of the proposal, the petitioner is seeking Conditional Use approval for a Cultural Center at 300 E. Rand Road, rezoning the lots so they are all zoned B3, and consolidating the site so it is one-lot of record. She said that the petitioner has since amended the application and withdrawn the text amendments. Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly said that the subject properties consist of four lots of record and three of the lots have the same zoning classification. As part of the proposal, the petitioner is seeking to rezone the fourth lot so all the lots have the same zoning classification. Ms. Connolly reported that in order to approve the rezoning, the request must meet the standards listed in the Zoning Ordinance for a Map Amendment. She summarized the standards and said that the subject property is adjacent to existing single-family residences to the east and commercial properties to the west. She said that three of the four lots are currently zoned B3 Community Shopping and that rezoning the fourth lot from B4 Business Retail & Service, which is a commercial district, to B3 would he in keeping with the surrounding area. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the subject property. She said that the proposal is consistent with the general development trend and meets the Village's Comprehensive Plan requirements. Ms. Connolly reiterated that the petitioner withdrew the proposed Text Amendments and clarified the reasoning behind that decision. She said that based on the infommtion presented by the petitioner and further review of the uses already listed in the B3 district, staff determined that the proposal was a hybrid of uses currently found in the Village's Zoning Ordinance and that the proposed Text Amendments were not necessary. She said that the petitioner's description of the center and activities offered at the center includes elements of a club/lodge and educational services, which are permitted uses in the B3 district. However, the intensity of the primary activities such as guest speakers, seminars, guest room/green room, and use of the auditorium are more in keeping with a Community Center, which is a conditional use in the B3 district. Consequently, the proposal should be reviewed as a Conditional Use request for a Community Center. Ms. Connolly said that the petitioner proposes to operate a not-for-profit center that will provide cultural and educational programs, feature guest speakers, offer artistic performances, and include office space and a guest room. The hours of operation will vary, but will not extend past 11:00 pm on Saturdays. She said that the proposed Community Center will comply with zoning regulations and that the petitioner is not seeking relief from Zoning Ordinance regulations. The petitioner's site plan indicates that the development will include a 2-story brick building. She said that the building meets the applicable setbacks and that the site meets zoning bulk regulations. Vehicles will enter and exit the site from Rand Road only and the site cannot be accessed from Kensington Road. She said that the petitioner's plan indicates the site will provide 116 parking spaces although the Zoning Ordinance requires a total of 98 spaces for the proposed development. Ms. Connolly reported that the proposed two-story building will be constructed of brick and stone materials. The hip roof will include a gable and be constructed of asphalt shingles. The building will be constructed according to all Village Codes and meet the necessary life safety codes. The petitioner recently incorporated a partial basement into the design. The basement area will be used for storage and mechanical equipment. The size of the basement has been scaled back to 2,450 square feet since the staff report was written. Ms. Connolly said that other departments had concerns that the site could only be accessed from Rand Road. Therefore, staff recommends providing access to/from Kensington in addition to the proposed Rand Road access. In order to deter cut-thru traffic, staff recommends that the petitioner install a barrier gate by the Kensington Road entrance that has an opti-com device to allow emergency vehicles access when the gates are closed. In addition, staff recommends that the gate be closed at all times except when the overflow parking area, which is the northern section of the lot, is in use. Also, the entrances should include the appropriate 'No Thru Traffic' signage. The Engineering Division noted that the plans show the detention pond draining through a flared end section discharging at grade near the west property line. She said that it is unclear how the area receiving this discharge from Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 3 the pond will drain. Therefore, calculations will have to be provided verifying the required and proposed volumes and all overland flow paths will have to be indicated on the plans. Ms. Connolly reported that in order to approve the proposed Community Center the request must meet the Conditional Use Standards listed in the Zoning Ordinance. She summarized the standards and noted that the subject properties are zoned for commercial use. However, the Zoning Ordinance lists Community Centers as a Conditional Use in the B3 Zoning District. She said that the site complies with Zoning Bulk Regulations and provides more parking spaces than are required by the Zoning Ordinance. The building materials and design of the building, especially the hip roof with a gable would be in keeping with the adjacent residential neighborhood. Ms. Connolly said that the proposed Community Center is required to be constructed according to Village Codes and that the petitioner has agreed to meet all Engineering requirements. She said that limiting the intensity of the proposed activities to the hours listed on the petitioner's application should minimize the impact of the development on the adjacent properties. The petitioner seeks to create one lot of record by subdividing the subject properties and consolidating the site to one- lot of record. She said that the proposed plat is part of the petitioner's zoning request and was prepared in accordance with the Development Code requirements. The petitioner is not seeking relief from the Development Code regulations and the Engineering Division has approved the plat. Ms. Connolly said that the petitioner is required to obtain signatures from the appropriate utility companies and interested parties before the Village Board may approve the plat. She said that the proposed Community Center meets the Conditional Use standards listed in the Zoning Ordinance, subject to complying with the following conditions: Submit a photometric (lighting) plan that indicates the parking lot and building lights will not spill or glare onto the adjacent residential properties; The hours of operation shall be limited to 9am - 9pm Monday - Friday, 9am - 11:00 pm on Saturday, and 9am - 8:00 pm Sunday; Guest speaker events are limited to two (2) Sundays a month; Events and activities shall not deviate from those listed in the petitioner's application: a. Cultural and educational programs for the suburban area's diverse ethnic population; b. Auditorium will feature performance artists (dance, music, opera) guest speakers, seminars and video conferences; c. Guest room will be used by visiting artists and speakers only; The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated May 14, 2003 but revised to reflect full access to/from the site from Rand Road and Kensington Road with a barrier gate located by the Kensington entrance that is equipped with opti-com equipment; The Kensington Road gate shall remain closed at all times except when the overflow parking area is in use; Provide calculations that verify the required and proposed storm water detention volumes and indicate all overland flow paths on the Engineering plans; Complete the subdivision process; The development shall meet all Development, Fire, Building, and other Village Codes and regulations; Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Map Amendment and Conditional Use for a Community Center for the property at 300 E. Rand Road, PZ-04-03 and the proposed plat subject to obtaining all signatures. She said that the Village Board's decision is final for this case. Richard Rogers noted that the storm water detention had been revised and asked if the new drawings had been reviewed by Engineering. Ms. Connolly said Engineering had reviewed the plans and said that the petitioner is aware Planning & Zoning Commission PZ-04-03 · Arlene Juracek, Chairperson Page 4 of the requirements, but has not finalized the design. Mr. Floros asked how long this project had been on the drawing board. Ms. Connolly said staff has been working with the petitioner for several months. Warren Kostak, 55 E. Euclid, Ste. 430, Mount Prospect; Jeff Cohen, 11 E. Schaumburg Road, Schaumburg; Robert Hsu, 8700 N. LeClaire Ave., Skokie; were sworn in. Mr. Kostak said the staff report was quite complete and thanked Ms. Connolly for all the time spent with their project. He said detention would be underground and discharged into sewers on Garwood. He said Engineering was aware of the proposed design and had approved the concept. He wanted to be brief so as to allow audience members to voice their opinions. Mr. Kostak said the proposed fence along the east lot line would be 6' high and made of solid, treated wood. It would run most of the eastern property line and match the existing fence at the comer of Rand Road. Mr. Rogers asked if the petitioner was aware of the nine conditions listed in the Staff Report and asked if they agreed to them. Mr. Kostak said they were aware of the conditions and agreed to them. Mr. Floros asked for a detailed explanation of the Cultural Center. Mr. Kostak said it is a multi-type, membership, Community Center with lectures, educational, cultural and "business" social activities. Mr. Hsu said there might be an occasional wedding, but no alcoholic beverages would be served. Mr. Rogers asked for questions from the audience. Ms. Connolly said she had a list of questions that had been submitted to staff by the neighbors earlier in the day. She said that she had been in contact with Engineering regarding the neighbors' questions about storm water detention. Engineering said final plans had not been submitted, but all drainage codes must be met and runoff must be managed so it does not exceed the current rate. She said that the petitioner is allowed to maintain the rate and direction of runoff, but when the amount of impervious surface is changed, runoff may increase and that steps will need to be taken to ensure increased runoff does not occur. Mr. Rogers said water retention and restrictors would need to be in place and Mr. Kostak said that they would do underground detention and store water there and slowly release it into the storm sewer. Fred Bierman, 410 Garwood, was sworn in. He stated that his wife and sister-in-law own two acres zoned R-X with 400' of frontage on Kensington, adjacent to the north section of the subject property. He stated they are in there 80s and will probably sell the property to developers in the near future. He thanked Ms. Connolly for sharing the information on this case. Mr. Bierman said it was a mistake to direct runoff to Garwood and that it should be diverted to Kensington where there are no residences. He also requested assurance in writing that access to or from Garwood will not occur. Jeff Lee, 700 N. Windsor Drive, was sworn in and said their concerns were regarding Windsor Drive and the fence anticipated for this project. He said there had been no survey done before the petitioner had trees removed and many trees were removed from neighbors' property before being stopped by John Flagler. They are concerned about the quality of the proposed fence and connections to present fences. He also has water problems and thinks they will get worse with this project. Mr. Rogers said the petitioners would be required to retain storm water on their property and not flood the neighbors' sewers. Mr. Rogers said that, at present, any rain falling on that property does runoff onto the neighboring properties. Warren Kostak also confirmed the water runoff situation might not be better after the center is built but it would not be worse. Mr. Kostak said they would meet with neighbors before the fence is erected to determine how connections should be made with other fences. He said he did not think there was a storm sewer on Kensington to hook-up to, but they would consider the possibility. Regarding the removal of trees, Mr. Kostak said they would plot the property, talk to the neighbors, and replace their missing trees. Marty Krumstadt, 701 N. Windsor Drive, was sworn in and stated he had heard the subject property was owned by IDOT and would be an access road. Mr. Rogers said he was unable to speculate what IDOT had planned for the area Planning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 5 and could only address the case up for review. Mr. Krumstadt was also concerned this project would increase their water problems. Mr. Rogers reiterated that past flooding will not be eliminated, but could be improved by this project. Mr. Krumstadt asked for assurance that Garwood would not be opened as an access road. Ms. Connolly clarified that petitioners would need to request an amendment to the Conditional Use if they wanted to provide access to/from Garwood because it would be deviating from the adopted site plan, and that it would require a public hearing. Mr. Krumstadt also voiced his concerns about traffic tie-ups when the Cultural Center has a function. Michael Jacobs interjected that traffic patterns had been analyzed by Planning and Engineering staff for this project and it was determined that the proposed plan would be the best fit for all concerned. Paul Stonez, 606 N. Windsor Drive, was sworn in and testified that the back of his property abuts with the subject property. He has 150' of cedar fence with 3 parallel supports, which would cost $2,500-3,000 to replace. He does not want to "lose" that fence since it is in very good shape. The fence is 3' into his property and he would want any lawn disrupted by the project's fence to be replaced. He also voiced concern over lighting. He said many of the neighbors' bedrooms will be facing the parking lot and does not want problems with excess light. He also felt that the center's parking would not be convenient and many attendees would find it more convenient to park in their streets for easier exit at the end of functions. Mr. Stonez stated that the signs prohibiting parking, which had been erected when the bar was in the neighborhood, were recently removed and that he wanted those signs replaced. Mr. Rogers closed the public hearing at 10:50. Matt Sledz said they had heard some very valid concerns shared with them by the residents and said that the concerns should be addressed in the motion. Mr. Rogers said landscaping concerns should also be included and Mr. Sledz agreed, and emphasized replacing landscaping on the neighbors' property. Merrill Cotten added that he wanted lighting addressed as part of the motion, too. Ms. Connolly asked for clarification on the wording for the conditions to be added for approval of this project. Mr. Rogers said communication must exist between neighbors and the developer on all these points. Mr. Sledz said residents should not have responsibility of replacing anything and that the onus of replacing landscaping, connecting fences, etc., should be on the developers of the project. Mr. Kostak said Mr. Hsu would replace the entire fence. Mr. Stonez came forward again and said a petition the neighbors had signed for the proposed Cultural Center had been taken out of context and asked that residents be given a date before the fence is removed and replaced. Mr. Jacobs suggested using the word "restore" rather than "replace" or "reforest" regarding landscaping. Mr. Rogers agreed. Mr. Floros reminded residents that this project would be a great improvement over previous uses, which had caused many problems for the area and the Village. Mr. Rogers concurred, but stated that he was disappointed that trees had been removed indiscriminately. He also suggested wording "there will be no entrance to this property from Garwood" for the conditions. Ms. Connolly reviewed with the Commission the wording for the proposed conditions. Leo Floros made a motion to recommend that the Village Board approve the requested Conditional Use, with all the conditions listed in the Staff Report and the following additional conditions: 10. I1. Restoration of areas that are disturbed by the installation of the fence along the east lot line and replacement of trees inadvertently removed as part of the site clean-up with comparable trees and landscaping; Prior to Village Board review, provide fence details and documentation that neighbors concur with fence specifications regarding the proposed fence material and connections to existing fences; lanning & Zoning Commission PZ-04-03 Arlene Juracek, Chairperson Page 6 12. No entrance from the Subject Property to Garwood. for Case No. PZ-04-03, 300 E. Rand Road. Matt Sledz seconded the motion. UPON ROLL CALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Leo Floros made a motion to recommend that Village Board approve the requested Map Amendment to rezone one of the Subject Lots from B-4 to B-3 for Case No. PZ-04-03,300 E. Rand Road. Matt Sledz seconded the motion. UPON ROLLCALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Leo Floros made a motion to recommend that Village Board approve the requested Resubdivision to consolidate the property into one lot of record for Case No. PZ-04-03,300 E. Rand Road subject to obtaining the required signatures. Matt Sledz seconded the motion. UPON ROLLCALL: Motion approved 4-0. Village Board decision final. AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None At 11:40 p.m, Matt Sledz made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary jfidy Confi61~y,~AICP, ~enior Pla~l~ J~e25,2~3 Plamning and Zoning Commission Village of Mount Prospect 100 S Emerson St. Mount Prospect, IL 60056 Subject: Asian Cultural Center, 300 E Rand Rd, Mount Prospect We, residents of Windsor Dr. and Cmnvood St., after reviewing the blue prints for Asian Cultural Center at 300 E. Rand Rd, Mount Prospect. IL 60056, would tike to address our concerns regarding proposed property construction, as follows: Fence: The blue print mentioned that them'was consent about the fence by the property oWners. We were under the impression that our signatures represented our receptiveness to the proposal to the-new fence - not a consent We cannot consent until we are presented w/th the particulars of the proposed fence, which current bIue prints do not address at all*. Our current fence is ora high quality red cedar, arched design, with aluminum nails. The replacement should be of at least the same height and the same quality or better. Proposed construction of new fence should be presented to residents and approved by us prior to demolition of the existing fence. Fence along Rand Road: The cultural center will increase automobile and foot traffic. Accordingly, 'the fence' along Rand Road shall be replaced by the Village prior'to the end of Fall 2003. The fence must be, at a minimum, at 6 foot privacy fence. Lighting: Should be designed in such a way, that it will not spill onto our properties. We would prefer the lighting to be dimmed at night This should be enforced, as we would not like the situation from Lof~ Restaurant to repeat itself again - their lights are shining onto our properties. 4 Landscaping: It is one of our major concerns as well. There are raamre trees along our fence. Some of them have been removed already without our approval, despite that they were growing on our properties. (This has already increased significantly noise level in our community.) We want them to be replaced with mature trees, as they are cutting down on the noise level, heat accumulation and pollution. Also our past experience with Lof~ Restaurant shows, that the plants they promised to put in are not the ones they actually did plant and will never grow to the promised size. We do not want this situation to arise again. The cultural center will increase automobile and foot traffic along Rand Road_ Accordingly, the parkway along Rand Road shall be landscaped by the Village prior to the end of Fall 2003. The landscaping provided must offer privacy to the residents and should include many tall trees and evergreens. Storm water detention release: Current architect blue prints are proposing to direct excess storm water onto Garwood SL, which is unacceptable, since we had overflow problems in the past and more water is going to flood our streets and properties. Also along back yards of Windsor Dr. we already have problems in heavy rainfall, as our properties are lower than Asian Cultural Center. We re very concerned about the possible flooding of our properties. We feel strongly, that this should be corrected in blue prints ( Dr. Hsu told us that there would be a retention pond). Garwood St.: We want to be assured in writing that there will be no mediate or future plans to direct traffic from Cultural Center property through our neighborhood at Ganvood St. Proposed services at the Center: Absolutely no alcohol to be sold or served at 300 E. Rand Rd.. Most families here have small children and we want to avoid any disturbance that could be caused by alcohol consumption at the new property. Noise: Any activities at the new property should be restricted according to village code. Parking: Restrict parking hours on Windsor Dr. to what they were before (no parking between 10 pm - 6 am). Absolutely no Cultural Center parking shall be allowed on the small stretch of Highland. This neighborhood already faces a traffic problem with "cut through" traffic from Rand and Kensington Roads and we do not' need to add to the congestion. Sincerely, 1. Matra and Dariusz Kulaga, 400 E Garwood. 847 7~97-8516,.,.~.~..1~¢e~... .... ~~ ...... 2. Kathy and Charley-Gad, 402 E Garwood, '.[~.f~l'.(~,,~...~./..::~..//.r..::........... ........................ .... ~3 .......... 3, Bertha Al, 404 E Garwood, ................ ~... 4. Kathleen and Anthony Mulchrone, 405 E Garwood, 5. 9. Terry Mulchrone, 406 E Gam'ood, ......... :~.:: Wilma Del Ghingaro, 408 E Garwood, Fred and Luella B~rmann, 4I 0 Andrew 6a~t~, 402 Highland, Michael and Deanna Moosbey, 10. John and Anna, 602 Windsor 11. David and Linch Waycie, 603 12. Sokonthueary Calito, 13. Bill M. Schultz, 605 Windsor, ,.' 14. Mary andPaul Stonis, 606 Windsor, 847 577-9055, 15. Kathleen and Charles Hemler, 607 16. John and Lois Fenwick, 609 Windsor. 17. JeffLee, 700 Windsor, 18. Martin and Mary Krumske, 701 Windsor, 19. Leokadia and John Kondratowicz, 702 20. Ray and Mary Schotl~, 703 Windsor, 21. John and Margaret Flegar, 704 Windsorl 22. Dorota and Johan Kus, 706 Windsor, 23. Vince and Loredana Mastromauro, 708 Windsor, 847 57~-7725, 24. Tom Giokaris, 710 Windsor, 847 394-0714, . Parking - restrict parking hours on Windsor Dr. to what they were before (no parking between 10 pm - 6 am). Please, either call or write below (preferred) your suggestions or changes that you see necessary, so that we can put th/s together and collect all the signatures before the meeting on the 26* of June. Please, drop it offinto our mailbox by Tt~e~day. Also please put your name, address and phone number below. Thank you. Village of Mount prospect Community Development Department CASE SUMMARY - PZ- 04-03 LOCATION: PETITIONER: OWNER: PARCEL #s: SITE SIZE: ZONING: LAND USE: REQUESTS: 300 E. Rand Road Robert C. Hsu Robert C. Hsu 03-34-201-003 / -005 / -006 & 03-34-200-005 2.37 acres B3 Community Shopping and B4 Business Retail & Service Vacant Lot 1) Map Amendment, 2) Text Amendments, 3) Conditional Use, and 4) Resubdivision LOCATION MAP 602 J61uld~ilt?h An. Drive Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: J~rNE 19, 2003 HEARING DATE: JUNE 26, 2003 SUBJECT: PZ-04-03 - 300 E. RAND ROAD 1. MAP AMENDMENT, 2. TEXT AMENDMENTS, 3. CONDITIONAL USE, 4. RESUBDIVISION BACKGROUND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Robert C. Hsu (the "Petitioner") regarding the property located at 300 E. Rand Road (the "Subject Property"). The Petitioner is seeking to rezone one of the four lots (Map Amendment), proposing Text Amendments to the Zoning Ordinance (create a definition for a Cultural Center and provisions for Cultural Centers as a Conditional Use in the B3 zoning district), Conditional Use approval for a proposed Cultural Center, and consolidating the four lots of record to a one-lot subdivision. The P&Z hearing was properly noticed in the June 11, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property o~vners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The four subject lots are located on the north side of Rand Road, between Main Street/Route 83 and Windsor Drive, and was the site of the former Butch McGuire's Bar. A fire destroyed the bar in the 1980s and the site has remained undeveloped since the bar was demolished. The Subject Properties are zoned commercial (three lots are zoned B3 and one is zoned B4) and are bordered on the north and west by the B3 district, and residential (RX and RI) on the east. SUMMARY OF PROPOSAL The Petitioner is seeking to construct a Cultural Center. The attached exhibits outline the Petitioner's plans for the proposed building and detail the proposed activities and hours of operation. In addition, the Petitioner prepared a definition of a Cultural Center that would be incorporated into the Village's Zoning Ordinance's definition section. As part of the proposal, the Petitioner is seeking Conditional Use approval for a Cultural Center at 300 E. Rand Road, rezoning the lots so they are all zoned B3, and consolidating the site so it is one-lot of record. Map Amendment The Subject Properties consist of four lots of record and three of the lots have the same zoning classification. As part of the proposal, the Petitioner is seeking to rezone the fourth lot so all the lots have the same zoning classification. PZ-04-03 Planning & Zoning Commission meeting June 26, 2003 Page 3 MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D,8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following mattersi · compatibility with existing uses and zoning classifications of property within the general area of the property in question; · the compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; · the suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; · consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to existing Single-family residences to the east and commercial properties to the west. Three of the four lots are currently zoned B3 Community Shopping. Rezoning the fourth lot from B4 Business Retail & Service, which is a commercial district, will be in keeping with the surrounding area. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. The proposal is consistent with the general development trend and meets the Village's Comprehensive Plan requirements. Text Amendments The Petitioner submitted a definition for Cultural Centers and is seeking to amend Sec. 14.2401, which would define a Cultural Center and amend Sec. 14.1703 to list Cultural Center~ as a Conditiona! Use. in, the B3 district. Based on the information presented by the Petitioner and further review of the uses already listed in the B3 district, Staff determined that the proposal was a hybrid of uses currently found in the Village's Zoning Ordinance and the proposed Text Amendments were not necessary. The Petitioner's description of the center and acJcivities offered at the center includes elements of a Club/Lodge, nonprofit and fraternal and Educational Services, which are Permitted Uses in the B3 District. However, the intensity of the primary activities such as guest speakers, seminars, guest room/green room, and use of the auditorium are more in keeping with a Community Center, which is a Conditional Use in the B3 District. Consequently, the proposal should be reviewed as a Conditional Use request for a Community Center. Conditional Use - Community Center The Petitioner proposes to operate a not-for-profit Center that will provide cultural and educational programs, feature guest speakers, offer artistic performances, and inclUde office space and a guest room. The hours of operation will vary, but will not extend past 11:00 pm on Saturdays. GENERAL ZONING COMPLIANCE The proposed community Center will cOmply with zoning regulations and the petitiOner is not seeking relief from Zoning Ordinance regulations. The table on the following page compares the Petitioner's proposal to the Village's Code requirements. PZ-04-03 Planning & Zoning Commission meeting June 26, 2003 Page 4 Minimum Code Proposed ' Requirements Front Yard 30' 31' Side Yard, West (North) 10' 14' Side Yard, West (South) 10' 10' Side Yard, East (North -RX) 10' 12' Side Yard, East (South -R1) 25' 25' Rear Yard 20' 260' Building Heisht 30' 30' Lot Coverage 75% (max) 58% Site Plan The site plan indicates that the development will include a 2-story brick building. The building meets the applicable setbacks and the site meets the B3 Zoning District bulk regulations. Vehicles will enter and exit the site from Rand Road only; the site cannot be accessed from Kensington Road. ~ ~ Parking The Petitioner's plan indicates the site will provide 116 parking spaces. The Zoning Ordinance requires: 48.5 spaces for the 192 auditorium seats 27.3 spaces for the remaining square footage of the building (office or retail use) 22 .spaces for the basement (office or retail use) 97.8 (rounded to 98 spaces) required by code The development complies with parking regulations and will have 18 additional spaces. Proposed Building The proposed 2-story building will be constructed of brick and stone materials. The hip roof will include a gable and be constructed of asphalt shingles. The building will be constructed according to all Village Codes and meet the necessary Life Safety Codes. The Petitioner recently incorporated a 5,500 square foot basement into the design. The basement area will be used for storage and mechanical equipment. Other Department Comments Other Departments had concerns that the site could only be accessed from Rand Road. Staff recommends providing access to/from Kensington in addition to the proposed Rand Road access. In order to deter cut-thru traffic, Staff recommends that the Petitioner install a barrier gate by the Kensington Road entrance that has an opti-com device. The opti-com device will allow emergency vehicles access when the gates are closed, In addition, Staff recommends that the gate be closed at all times except when the overflow parking area (northern section of the lot) is in use. Also, the entrances should include the appropriate 'No Thru Traffic' signage. The Engineering Division noted that the plans show the detention pond draining through a flared end section discharging at grade near the west property line. It is unclear how the ama receiving this discharge from the pond will drain. Therefore, calculations will have to be provided verifying the required and proposed volumes and all overland flow paths will have to be indicated on the plans. PZ-04-03 Planning & Zoning Commission meeting June 26, 2003 Page 5 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 Subject Properties are zoned for commercial use; however, the Zoning Ordinance lists Community Centers as a Conditional Use in the B3 district. The site complies with zoning bulk regulations and provides 18 more parking spaces than are required by the Zoning Ordinance, The building materials and design of the building, especially the hip roof with a gable would be in keeping with the adjacent residential neighborhood. The proposed Community Center is required to be constructed according to Village Codes and the Petitioner has agreed meet all Engineering requirements. Limiting the intensity of the proposed activities to the hours listed on the Petitioner's application should minimize the impact of the development on the adjacent properties. Resubdivision The Petitioner seeks to create one lot of record by subdividing the Subject Properties. The proposed plat is part of the Petitioner's zoning request, PZ-04-03, and was prepared in accordance with the Development Code requirements. The Petitioner is not seeking relief from the Development Code regulations and the Engineering Division has approved the plat. The Petitioner is required to obtain signatures from the appropriate Utility Companies and interested parties before the Village Board may approve the plat. RECOMMENDATION The proposed Community Center meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to complying with the following conditions: Submit a photometric (lighting) plan that indicates the parking lot and building lights will not spill or glare onto the. adjacent residential properties; The hours of operation shall be limited to 9am - 9pm Monday - Friday, 9am - 11:00 pm on Saturday, and 9am - 8:00 pm Sunday; Guest speaker events are limited to two (2) Sundays a month; Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural and educational programs for the suburban area's diverse ethnic population; b. Auditorium will feature performance artists (dance, music, opera) guest speakers, seminars and video conferences; c. Guest room will be used by visiting artists and speakers only; The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated May 14, 2003 but revised to reflect full access to/from the site from Z-04-03 Planning & Zoning Commission meeting June 26, 2003 Page 6 Rand Road and Kensington Road with a barrier gate located by the Kensington entrance that is equipped with opti-eom equipment; The Kensington Road gate shall remain closed at all times except when the overflow parking area is in use; Provide calculations that verify the required and proposed storm water detention volumes and indicate all overland flow paths on the Engineering plans; Complete the subdivision process; The development shall meet all Development, Fire, Building, and other Village Codes and regulations; Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Map Amendment and Conditional Use for a Community Center for the property at 300 E. Rand Road, PZ-04-03 and the proposed plat subject to obtaining all Signatures. The Village Board's decision is final for this case. I concur** !fll f~'~am J?~ooney~, C! i)irector o f Community Development 03/0312003 14:50 18473949445 ...... K0~TAK ~SSOCIATES PA~E 01/02 KOSTAK ASSOCIATES, P.C. ·" ARcHrrECTS · ,.;.' 55 E EUCLID, SUITE 430 MT. PROSPECT, IL 60056 FAX: 847/394-9445 wkostak @ ecl.corn Ms. Judy Connolly Dept. of Community Development Village of Mt. Prospect 100 S. Emerson St. Mt. Prospect, IL 60056 Re: Cultural Center, 300 E. Rand Rd. Clarification of Activities Via Fax March 3, 2003 File No. 02067 DearJudy: Pursuant to our conversation on February 28, 2002 I have talked to our client to try to further define the activities that will be taking place in the Cutturaf Center building. The educational activities will be conducted in the meeting rooms and will consist of English as a Second Language (ESL), Basic Computer Literacy Training, Teaching Basic Home Bookkeeping and Accounting (Bank Accounts, Checking Accounts, Mortgages, Etc.), Basic United States Histo~/, and Classes to prepare people for the Citizenship Examination. Other topics may include Basic Business Practices, Starting a nd Running a Business, Basic Regulatory Requirements relating to Business Start-Ups, and simitar subjects. The core emphasis will be adult education. This is not a secondary school or High School and will not have a fixed curficutum or fixed hours of operation. The educational classes will be geared towards the requirements of the membership and will be offered on a sporadic basis depending on the number of individuals interested in a particular topic. As discussed in our application, the auditorium will feature performances, video, guest speakers, and seminars also on an irregular basis. We envision the auditorium being used primarily on weekends with specific performances probably not exceeding two per weekend and perhaps once or twice per month. The auditorium will not be run as a ongoing operation like a commercial theatre or similar venue. It will be used for 'Special Events' on a sporadic basis. The guest room will be provided for visiting dignitaries and speakers on a one or two night basis. The room will not be leased out on a regular basis for income purposes. The basement area with dining facilities will be used for family events and celebrations such as weddings, New Years celebrations, and other community holiday events. These events will not be on a regularly scheduled basis but will depend upon the requirements of the membership. E:\WPDOCS~Docs 2002~2067-Vill of MP 2 - Letter_doc 3/03/2003 14:50 18473949445 KOSTAK ASSOCIATES PASE 0£/02 Ms. Judy Connelly March 3, 2003 Page 2 We envision the building being used most extensively by the membership on weekends. Use during the week would be light, with no major events generally occurring. Activities during the week would include educational activities and use of the courtesy room and study areas. In summary, the main purpose of the building is to give the local community facilities to utilize that they may not have readily available in their homes or businesses. The use will not be continuous or intensive, such as is the case with a YMCA or health club. We are looking forward to meeting with you next Tuesday at 2:30 P.M. at your offices to discuss this project in further detail. Should you require any addition information prior to then, please give me a call at you convenience. Very truly yours, KOSTAK ASSOCIATES, P.C, President Cc: Dr. Robert Hsu, Via Fax E:\VVPDOCSADocs 2002~32(367-Vill of MP 2 - Letter_doc 15:4.6 RECEIVED FROM: 1847394-944-5 OSTAK ASSOCIATES, P.C. ARCHITECTS 8471394-9444 i,;. ~ ~ ~ 55 E. EUCLID, SUITE 430 MT. PROSPECT, IL 60056 FAX: 847/394-9445 wkostak @ aol.com Mr. William Cooney Director of Community Development Village of Mt. Prospect 100 S. Emerson St. Mt. Prospect, IL 60056 June 9, 2003 File No. 02067.1 Re: Asian Cultural Center, 300 E. Rand Rd. Dear Bill: Pursuant to our meeting of June 5, 2003, we have evaluated the parking allotment at the above referenced project. We have done this in order to justify the addition of a partial basement in the building as submitted for Conditional Use approval. The gross floor area of the building, as submitted, is 11,172 SF. We have analyzed the parking requirements based on the following: theatre (4325 SF) provide one space for every four seats (192 seats) 48 spaces required. We have evaluated the remainder of the building at four spaces per thousand square feet. This is comparable to business offices. The remainder of the building consists of 6847 gross SF. This would require 28 parking spaces for a total of 76 spaces required. We are providing a_total of 116 spaces. This allows for 40 more spaces than we believe would be required for this use. In summary, we would like to propose providing a half basement of approximately 5500 SF to be added to the building. This space would be unoccupied floor area used only for the storage of library materials, displays, exhibits, and the housing of mechanical, electrical and HVAC equipment. The basement would be served by an elevator and 2 exit stairways. We believe the addition of the basement for storage would enhance the overall functionality of the building. Furthermore, we believe that the 116 parking spaces will be adequate to serve the building during periods of high use. If this is acceptable to staff, we would like to add this narrative to our presentation to the Planning & Zoning Commission on June 26, 2003, for their approval. Please advise us of the acceptability of this proposal so we know how to proceed at the meeting. If any additional is required, please give me a call at your convenience. Very truly yours, KOSTAK ASSOCIATES, P.C. Warren J. President Cc: Dr. Robert Hsu, Via Fax Ms. Judy Connolly, Via Fax Mr. William George, Via Fax E:\WPDOCS~Docs 2002',02067-Viii of MP 5 - Letter..doc VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT -Pla/-~ing Division I00 S. Emerson Street Mount Prospect, Illinois 60056 Phone 84%818-5328 FAX 847-818-5328 Map Amendment Request Case Number P&Z Development Name/Address ! Hearing Date Common Address(es) (Street Number, Street) 300 E. RAND ROAD (ONE OF FOUR EXISTING LOTS IN TOTAL PROJECT~ Site Area (Ac.) Current Zoning Proposed Zoning Total Building Sq. Ft. (Proposed) 0.778 B-4 B-3 11,172 (TOTAL PROJECT) Proposed Development and Land Use CULTURAL CENTER Setbacks (Prop.) Front Rear Side Side 31' 260' I0' 10' Building HeiSt Lot Coverage (%) # of Parking Spaces 30' S5 %(TOTAL PROJECT) 116 (TOTAL PROJECT) Tax I.D. Number or County Assigned Pin Number(s) PARCEL 1:03-34-201-003 Legal Description (attach additional sheets if necessary) PARCEL I ONLY: THE EAST 70.00 FEET OF THAT PART OF THE NORTHWEST OUARTER OF THE NORTHEAST OUART~R OF SECTION 34~ TOWNSHIP 42 NORTH~ RANGE 1L EAST OF TIlE THIRD PRINCIPAL MERIDIAN LYING NORTHEAST OF RAND ROAD EXCEPT THE NORTH SO0.O0 F[ET THEREOF, IN COOK COUNTY, ILLINOIS. Name SELLER'S ATTORNEY Telephone (day) MICHAEL J. TORCHALSKI (815) 477-1700 Corporation Telephone (evening) TRUST NO. 1758, LA SALLE BANK Street Address Fax 4 EAST TERRA COTTA AVENUE (815) 459-2848 City State Zip code' Pager CRYSTAL LAKE IL 60014 Interest in Property CONTRACT PURCHASER Name Telephone (day) ROBERT C. HSU (312) 671-5969 Corporation Telephone (evening) NEW ASIA FOUNDATION, INC. (312) 671-5969 Street Address Fax 8700 N. LECLAIRE AVENUE (847) 568-0950: City ~ate Zip Code .... Pager SKOKIE IL 60077 Developer Name ROBERT C. HSU Telephone (day) (312) 671-5969 Address 8700 N. LE CLAIRE AVENUE Fax (847) 568-0950 SKOKIE, IL 60077 Attorney Name RICHARD D. JOSEPH Telephone (day) (312) 326-2645 Address 3216 S. SHIELDS AVENUE Fax (312) 328-9625 CHICAGO, IL 60616 Surveyor Name MICHAEL EMMERT Telephone (day) (847) 991-6898 Address 115 W. PALATINE ROAD Fax (847) 991-4999 PALATINE, IL 60067 Engineer Name SETON ENGINEERING Telephone (day) (847) 776-7200 PALATINE, IL 60067 Address 100 NORTH BROCKWAY STREET Fax (847) 776-7239 Contact THOMAS J. MC CABE, JR. Architect Name KOSTAK ASSOCIATES, P.C. Telephone (day): (847) 394-9444 Address 55 E. EUCLID AVENUE Fax (847) 394-9445 MT. PROSPECT, IL 60056 Contact WARREN KOSTAK Landscape Architect Name KOSTAK ASSOCIATES, P.C. Telephone (day): (847) 394-9444 Address 55 E. EUCLID AVENUE Fax (8470 394-9445 MT. PROSPECT, IL 60056 Contact WARREN KOSTAK 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 roposed Zoning Change B-4 CHANGE TO Describe the Justification for the Proposed Map Amendment PARCEL 1 IS ONE OF FOUR PARCELS IN THE PROPOSED PROJECT. THE OTHER THREE PARCELS ARE ZONED B-3. WE ARE REQUESTING THE SUBJECT PARCEL TO BE RE-ZONED TO BE COMPATIBLE WITH THE OTHER THREE PARCELS. WE ARE ALSO REQUESTING RESUBDIVISION FOR CONSOLIDATING ALL FOUR LOTS INTO ONE LOT OF RECORD. SEE ACCOMPANYING APPLICATIONS FOR COMPLETE DETAILS. Describe in Detail the Buildings and Activities Proposed (attach additional sheets if necessary) THE PROPOSED PROJECT IS A CULTURAL CENTER TO BE HOUSED IN A NEW 2 STORY 11,172 SF BUILDING. SEE ATTACHED CONDITIONAL USE APPLICATION FOR DETAILS. 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 staffso 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 affirm that all information provided herein and in all materials submitted in association with this application are tree and accurate to the best of my knowledge. Applicant 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 this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 1 O0 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 TDD 847/392-6064 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 Case Number PZ Subdivision Name/Address Date of Submission Hearing Date Petitioner - Name Telephone (day) ROBERT C. HSU (312) 671-5969 Corporation Telephone (evening) NEW ASIA FOUNDATION, INC. (312) 671-5969 Street Address Fax 8700 N. LE CLAIRE AVENUE (847) 568-0950 City State Zip Code Pager SKOKIE IL 60077 Interest in Property: circle one Owner Property Owner - Name MICHAEL J. TORCHALSKI-SELLER'S ATTORNEY Telephone (day) (815) 477-1700 Corporation Telephone (evening) TRUST NO. 1758, LA SALLE BANK Street Address Fax: 4 EAST TERRA COTTA AVENUE (815) 459-2848 City State Pager/Mobile CRYSTAL LAKE IL Zip Code 60014 Su rveyor/Engineer Name MICHAEL EMMERT Address 115 W. PALATINE ROAD PAT,ATTNF,, IT, 6006'7 Telephone (day) Fax (847) 991-6898 (847) 991-4999 UBDIVISION NAME ROBERT HSU SUBDIVISION REAL ESTATE INDEX NO.: PARCEL 1: 03-34-201-00a REAL ESTATE INDEX NO.: PARCEL 3:03-34-201-006 LOCATION OR ADDRESS:, 300 E. RAND ROAD PARCEL 2: 03-34-201-005. PARCEL 4:03~34'200'005 LAND USE: EXISTING VACANT LOTS ZONING: EXISTING B-3 & B-4 PROPOSED: PROPOSED: CULTURAL CENTER B-3 TOTAL ACREAGE: 2.37 GROSS 2.37 TOTAL#OFLOTS: 4 Number of dwelling units: NONE 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 h~Ve 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 staffto 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 affirm that all information provided herein and in all materials Submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date 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 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 Text Amendment Request P&Z- - 02 Development Name/Address I ~ ..o ] Date of Submission . Name ROBERT C. HSU Telephone (day) (312) 671-5969 Address 8700 N. LE CLAIRE Fax (847) 568-0950 SKOKIE, IL 60077 Attorney Name RICHARD D. JOSEPH Telephone (day) (312) 326-2645 Address 3216 S. SHIELDS AVENUE Fax (312) 328-9625 CHICAGO, IL 60616 or Added. 14.1703 & 14.2401 Proposed Text and Justification for Proposed Change(s) (attach additional sheets if necessary). ADD TEXT TO ALLOW CULTURAL CENTERS AS A CONDITIONAL USE IN B-3 DISTRICTS, ADD TEXT TO DEFINE "CULTURAL CENTER" UNDER "DEFINITIONS" SECTION~ SEE ATTACHED i.< LETTER DATED 2/20/03..FOR SUGGESTED WORDING. Please note that the application wilt not be reviewed until this petition has been fully completed and all required materials have been 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 staffso that materials can be reviewed for accuracy and completeness at the time of submittal. I hereby aff'unn that all information provided herein and in all materials submitted in association with this apPlication are true and accurate to the best of my knowledge. Applicant Date I f 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 OSTAK ASSOCIATES, P.C. 55 E. EUCLID, SUITE 430 MT. PROSPECT, IL 60056 FAX: 847/394-9445 wkOstak@aol.com Ms. Judy Connolly Dept. of Community Development Village of Mt. Prospect 100 S. Emerson St. Mt. Prospect, IL 60056 Re: Cultural Center. 300 E, Rand February 20, 2003 File No. 02067 Dear Ms. Connolly: The following is the definition we would like added to the Zoning Code: Cultural Center: Non-profit association of persons, who are bonafide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided the adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided such sales are in compliance with all applicable federal, state and municipal laws. The premises shall be used for recreational, educational, entertainment, or physical fitness and sports activities. Overnight accommodations for short.term guest stays may be provided.. Please give me a call if any additional information is required. Very truly yours, KOSTAK ASSOC~ff~E~ P.~C. Warren J. President E:~WPDOCS~Docs 2002~02067-VilI of MP - Letter_doc 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  C ase Number P&Z Development Name/Address IHearing Date Address(es) (Street Number, Street) 300 E. RAND ROAD Site Area (Acres) 2.37 Property Zoning B-3 & B-4 I Total Building Sq. Ft. (Site) Site currently vacant Setbacks: Front ] Rear 30' 20' Building Height Lot Coverage (%) 30' 0 % Adjacent Land Uses: Side (Interior) I Side (Comer) I0' [ 30' Number of Parking Spaces 0 North [South lEast west B-3 B-3 R-I & RX B-3 Tax I.D. Number or County Assigned Pin Number(s) Parcel 1: 03-34-201-003, Parcel2: 03-34-201-005, Parcel3: 03-34-201-006, Parcel4:03-34-200-005 Legal Description (attach additional sheets if necessary) SEE ATTACHED SHEET Nanle ROBERT C. HSU Corporation NEW ASIA FOUNDATION, INC. Street Address 8700 N. LECLAIRE AVENUE City SKOKIE State IL Interest in Property CONTRACT PURCHASER Zip Code 60077 Telephone (day) (312) 671-5969 Telephone (evening) (312) 671-5969 Fax (847) 568-0950 Pager N/A Name SELLER'S ATTORNEY Telephone (day) Contact: MICHAEL J. TORCHALSKI (815) 477-1700 Corporation ' ........... '~ Telephone (evening) TRUST NO. 1758, LA SALLE BANK Street Address Fax 4 EAST TERRA COTTA AVENUE (815) 459-2848 City State Zip Code Pager CRYSTAL LAKE IL 60014 Developer Name ROBERT C. HSU Telephone (day) (312) 671-5969 Address 8700 N. LE CLAIRE AVENUE · Fax (847) 568-0950 SKOKIE, IL 60077 Attorney Name RICHARD D. JOSEPH Telephone (day) (312) 326-2645 Address 3216 S. SHIELDS AVENUE Fax (312) 328-9625 CHICAGO, IL 60616 Surveyor Name MICHAEL EMMERT Telephone (day) (847) 991-6898 Address 115 W. PALATINE ROAD Fax (847) 991-4999 PALATINE, IL 60067 Engineer Name SETON ENGINEERING Telephone (day) (847) 776-7200 Address I00 NORTH BROCKWAY STREET Fax (847) 776-7239 PALATINE, IL 60067 Contact THOMAS J. MC CABE, JR. Architect Name KOSTAK ASSOCIATES, P.C. Telephone (day): (847) 394-9444 Address 55 E. EUCLID AVENUE Fax (847) 394.9445 MT. PROSPECT, IL 60056 Contact WARREN KOSTAK Landscape Architect Name KOSTAK ASSOCIATES, P.C. Telephone (day): (847) 394-9444 Address 55 E. EUCLID AVENUE Fax (847) 394.9445 MT. PROSPECT, IL 60056 Contact WARREN KOSTAK Mount prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.8t 8.5329 TDD 847.392.6064 roposed Conditional Use (as listed in the zoning district) CULTURAL CENTER Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) THE CULTURAL CENTER WILL BE HOUSED IN A NEW 11,172 SF BUILDING. THE NOT-FOR-PROFIT FOUNDATION WILL PROVIDE CULTURAL AND EDUCATIONAL PROGRAMS FOR THE SUBURBAN AREA'S DIVERSE ETHNIC POPULATION. FACILITIES WILL INCLUDE AN AUDITORIUM, MEETING ROOMS, KITCHEN AND DINING AREAS AND OFFICE AREAS. THE AUDITORIUM WILL FEATURE PERFORMANCE ARTISTS (DANCE, MUSIC, OPERA, ETC.), GUEST SPEAKERS, SEMINARS AND VIDEO CONFERENCES. A GUEST ROOM/GREEN ROOM WILL BE PROVIDED FOR VISITING ARTISTS AND SPEAKERS. A "COURTESY ROOM" WITH READING MATERIALS, STUDY AREAS, VIDEO (VCR/DVD) AND INTERNET ACCESS WILL ALSO BE PROVIDED. SEE ADDITIONAL INFORMATION ATTACHED (LETTERS AND CHAMBER INFORMATION~. Hours of Operation MONDAY THROUGH FRIDAY 9:00 A.M. TO 9:00 P.M. SATURDAY 9:00 A.M. TO 11:00 P.M. SUNDAY 9:00 A.M. TO 8:00 P.M. Address(es) (Street Number, Street) 300 EAST RAND ROAD Area Zoning Total Building Ft. (Site) Ft. Devoted to Use Site (Acres) Property Sq. Sq. Proposed 2.37 B-3 (PROPOSED) 103,231 SF 57,147 SF Setbacks: Front Rear Side WEST AT BLDG. 10' Side EAST 12' AND 31' 260' WEST AT PRKG. 14' EAST TRANSITIONAL 25' Building Height Lot Coverage (%) Number of Parking Spaces 30' 55 % 116 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 staffso 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 affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date If applicant is not property owner: ! 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 www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 LEGAL DESCRIPTION: 300 E. RAND ROAD PARCEL 1: THE EAST 70.00 FEET OF THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHEAST OF RAND ROAD EXCEPT THE NORTH 500.00 FEET THEREOF, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART LYING NORTH OF RAND ROAD OF THE WEST 66.00 FEET, EXCEPT THE NORTH 660.00 FEET THEREOF, OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 3: THE WEST 66.00 FEET OF THE SOUTH 160.00 FEET OF THE NORTH 660.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 4: THE WEST 66.00 FEET OF THE NORTH 660.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS ebruary 25, 2003 Dear Neighbor: As you may be aware, our foundation is proposing to build a Cultural Center on the Vacant lot just west of your home. We are appearing before the Planning and Zoning Commission of the Village of Mt. Prospect during March or April 2003. As part of the approval process, the Village has requested that we consult with the neighbors regarding a new fence that may be constructed to the rear of your home. The zoning requirements state that a fence, as well as landscaping, be provided to separate the residences from our Cultural Center. However, since many fences already exist in this location, we are asking your opinion as to whether or not you would like a new fence along your back yard. The fence, if installed, would be a six-foot high wood fence and would be entirely on our property. We would pay for all costs involving the removal and disposal of your existing fence as well as the construction of the new fence. We would require your aPproval so that our contractor can enter your property to dispose of your existing fence. Your only responsibility Would be to repair any damage to your landscaping that may be done by the removal of the fence. In conclusion, we believe the fence would be an asset, which would improve your property value and would also improve the appearance of the entire neighborhood. I will be contacting you in person to answer any questions you may have and to get your opinion on the fence. This information will be given to the Village so that a decision can be made regarding whether or not the new fence will be installed. If you have any questions regarding the fence or our Project, please call our Architect, Warren Kostak, at 847-394-9444 for more information. Sincerely, Robert Hsu E:\WPDOCS\Docs 2002\02067-Fence Petition.doc an't,e Michael Moc~she¥, John Frank, Sokon~hveay Ca. lito. Paul J. S~onis, Jeffrey' T. Lee, Jan Kondratowlcz, A..d. dree..s. 600 Windsor Er. 602 Windsor Dr.//~'~-'~---x,q,,,' 606 Windsor Dr. 700Windsor Dr. 702 Windsor Dr. $i.qnal;um In favor of ,Opposed to New Fence New Fence John Flegar, A-tes'r~gmd~l, ,Vince Mastromauro, 704Windsor Dr. 706Windsor Dr. 708Windsor Dr. Athanasids Giokaris, 710 W~ndsor Dr. Dariusz Kulaga, Michael Toy, (Vacant Lot) ~V~ 5~,~.~f ~5o#/~55.~ 714 Wilshlre Dr., Arlington Heights., IL 60004 E:\WPDOCS~,Do=s 2002\O20~?-Fence Petition.doc 2oo '~," TACc 2003 TACC 2005 TACC 2003 TACC 2005 TACC 2003.~ TACC 2'005 2,003 2003 ,i~EC 2003 2003 2003 CC 2003 I~CC 2003 2003 2003 2003 2005 ': 2003 , 2003 ..~ ... :: TACC 2003 TACC 2003 TACC 2003 TAIWANESE AM.~iC~:.:£HAMBER OFCOMMERCE OF GREATER cHiCAG6 " ' ~:::!):i':,: TACC 2003 l~i~ion To promote, assist and network ~h¢ local members of Taiwanese American Chambers of Commerce with/n thc Metropolitan Chicago Area and North American. continent in order to i~crease the income potential for thc member firms and to enhance growth and the quality of Iife in the business community. In order to accomplish this mission, the chambers will: · Offer a broad range of service~, progrnm-~ and information designed to expand business-to-business contacts and iht/ease management expertise. Represent the busine~ viewpoint to both domestic and international government agencies to ensure that public policy decisions lead to a healthy business climat~ and global free wade. · Promote the specific advantages of Taiwanese American firms, particularly on then' connections with Asia, to enhance their role in intemationa] trade between the U.S. and Pacific Rim nations. Add to the qual/ty of life by encouraging business support for environmental issues, higher quality educational systems, arts, cultural functions and social activities. Benefits to the chamber members: Marketing Opportunities Offer your services and products to other members nationwide Trade opportunities with Taiwan and other Asian nations Distribute your literature and promotional materials. · Management Development Handbooks Management seminar~ Consultations Small busin_~-_s council Small busings forum tnfo,P~ation Economic faa book~ Trade opportunities Geographic investment information Networking Referrals Meetings Literature distribution Trade shows Advocacy The voice of business both domestically and internationally Commup!~y Benefits Cultural functions Art~ 15 Fi~ICE OF THE KAYOR (.~ Ol· January 18, 2003 GREETINGS As Mayor and on behalf of the City of Chicago, it is my pleasure to extend my cordial greetings to the TaiwaneSe American Chamber of Commerce of Greater Chicago and all those gathered for its 2003 Lunar New Year celebration. Since its founding in 1988, the Taiwanese American Chamber of Commerce has bee~ committed tothe promotion and assistance of its members and the growth and improvement of the community. Working with the City of Chicago and community organizations, you have played a critical role in Chicago's economy and have been an important partner in the effort to enhance the quality of life in the city. Tonight's celebration offers the opportunity to join with family, friends, and colleagues to celebrate the new year. I commend the Ta[wanese American Chamber of Commerce of Greater Chicago for its leadership and contributions to the Taiwanese American community 'and to the entire city, and ! extend my best wishes for much continued success. I join you in welcoming the Lunar New Year, and offer my heartiest wishes to all of you for an enjoyable and memorable event. FFICE OF THE SECRETARY OF STATE JESSE WHITE · Secretary of State January 18, 2003 Taiwanese American Chamber'of Commerce of Greater Chicago (TACCGC) 1600 West 16th Street, Suite 16 Oak Brook, Illinois 60523 Dear Friends: Please accept my very best wishes as you gather for the Taiwanese American Chamber of Commerce of Greater Chicago's annual Lunar New Year celebrations. As Secretary of State, I thank the members and supporters of your organization for all you have done to foster a more competitive and prosperous business climate for Taiwanese American entrepreneurs throughout Illinois. And I also applaud your organization's dedicated support of numerous social, cultural and educational activities that add to the thriving cultural life of this great city and state. The TACCGC has been a strong and positive force for economic growth, intellectual exchange and cultural enrichment in your community and beyond. Once again, I applaud your organization's many accomplishments, and I wish all your members and supporters amost enjoyable and prosperous Lunar New Year. Sincerely, JESSE WHITE Secretary of State U.S,,qCRYZlC INC, 599BOND STBEET, ZlNCOZNSlilR£ IZ 60069 47 70.00' KENSINGTON ROAD PROPOSED CULTURAL CENTER 300 E. ~ ROAD MI'. PROSPECT, IL 60056 /,~ KOSTAK ASSOCIATES, P.C. STAQE STORAQE AREA STAQE 37x15 AUDITORIUM ~ · 47x61 E_CANOPY ELECTR CAL ~ 0 I PROPOSED CULTURAL CENTER 300 E. RAND ROAD MT. PROSPECT, IL 60056 KOSTAK ASSOCIATES, P.C, BANK O-- PLAZA /: / ilI PROPOSED CULTURAL CENTER 300 E. RAND ROAD ldT. PROS~CT, L 80056 7731 77S-T&l ~ 7700 We~ T~ Professional Land Surveyors, P. C PLAT OF SURVEY PARCEL !: T~.IE ~ 70.0 I.e~l' OF 'IIIAT PART OF ~ NOKTI'IW~L.eT QUAR. TER OF THE NORTH~a.~T QU~ OF .S~"q~ ON 34. TOWNSHIP 42 NORTH. ~aM~IGE 1 I. EAST OF THE THIRD P~AL MERIDIAN, LYING NORTHEAST OF RAND ROAD ( EXCE~ THE NORTH ~ FEET ~p )IN COOK. COUt~rrY, ILLINO~. PARCEL 2: TI[AT PART LYINO NORTH OF RAND ROAD OF THE WEST 66.0 FEET ( EXCEPT THE NORTH 660.0 FEET TNEREO~ )(~ T~E NORTI~ST QUARTER OF THE NORTHEAST QUARTER OF ~'T[ON 34. TOWN,lIP 42 NORTH. RANGE IL EAST OF THE T~IRD PRINCIPAL MERIDIAN. 1N COOK COUNTY. ILLINOIS. PARCEL 3: THE WEST 66.0 ~EET OF THE ~OUTH 160.0 FEET OF THE NORTH 660.0 FEET OF NORTIIEAST QUARTER OF THE NORTHIIAET QUAK'rER OF ~ECTION 34. TOWNS]lIP 42 NORTH'. RAN(H~ II. EAET OP T'dE THIRD pRINCIPAL MERIDIAN. IN COOK COUNTY. PARCG~4: THE ~ ~G.0 ~ O~ ~ NORTH 6(~.0 ~LT~r ( ~CCll~l~J' TH~ $O~1'H 1~0~0 .THEREOF ) OF THE NORTHEAST QUAINTER OF TIlE NORTHEAST QUARTER OF SECTION 34. TOWNSIIIP 42 NOR'rlL RANGE 11. EAST OF 'IHE THIRD PIUNCLeA~. MERID{AN. IN COOK COUNTY. iLLINOLq. "GROSS AREA OF PROPERTY" SHOWN HEREON OR 2.369 ACRES "NET AREA OF PROPERTY" SHOWN HEREON OR 2.3:7.4 ACRES r. William Cooney Director of Community Development Village of Mt. Prospect 100 S. Emerson St. Mt. Prospect, IL 60056 Re: Asian Cultural Center, 300 E. Rand Rd. Dear Mr. Cooney: The Planning & Zoning Commission recommended approval of my Conditional Use request by a 4-0 vote. Our case is scheduled to go before the Village Board for the ordinance's first reading on July 15,2003. I am requesting that the Village Board waive the second reading, tentatively scheduled for the second Village Board meeting on August 5, 2003, and take final action at the July 15, 2003 meeting. I would like to have the second reading waived because I would like to start the project as soon as possible. I appreciate your assistance in facilitating this request. Should you have any questions, please call me at (847) 568-0668. Very truly yours, Dr. Robert Hsu 8700 N. LeClaire Ave. Skokie, IL 60077 kad 7/7/03 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS 300 EAST RAND ROAD WHEREAS, Robert C. Hsu (hereinafter referred to as Petitioner), has filed an application to rezone certain property generally located at 300 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 hereof as Exhibit "A"; and WHEREAS, Petitioner has requested the fourth lot of the Subject Property be rezoned from B-4 (Business Retail & Service) 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. 04-03, before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to due and proper notice thereof having been published in the Journal and Topics Newspaper on the 7th day of May, 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 04-03 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 B-4 to B-3 (Community Shopping) District. 300 East 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 day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:\CLKO\files\WIN\ORDiNANC\REZONE 300 east rand road july 03.doc 300 East Rand Road Page 3/3 EXHIBIT "A" 300 EAST RAND ROAD LEGAL DESCRIPTION: PARCEL 1: THE EAST 70.0 FEET OF THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, LYING NORTHEAST OF RAND ROAD (EXCEPT THE NORTH 500.0 FEET THEREOF) IN COOK COUNTY, ILLINOIS PARCEL 2: THAT PART LYING NORTH OF RAND ROAD OF THE WEST 66.0 FEET ( EXCEPT THE NORTH 660.0 FEET THEREOF) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE WEST 66.0 FEET OF THE SOUTH 160.0 FEET OF THE NORTH 660.0 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL, MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 4: THE WEST 66.0 FEET OF THE NORTH 660.0 FEET (EXCEPT THE SOUTH 160.0 FEET THEREOF) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSlIIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. kad 7/7/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 300 EAST RAND ROAD WHEREAS, Robert C. Hsu (hereinafter referred to as Petitioner) has filed a petition for a Conditional Use permit with respect to property located at 300 East Rand Road, (hereinafter referred to as the Subject Property) and legally described as follows: Property Index Number: 03-34-201-003,005,006 & 03-34-200-005 PARCEL 1: THE EAST 70.0 FEET OF THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, LYING NORTHEAST OF RAND ROAD (EXCEPT THE NORTH 500.0 FEET THEREOF) IN COOK COUNTY, ILLINOIS PARCEL 2: THAT PART LYING NORTH OF RANDROAD OF THg~E~T66.0 Fgg.T (EXCEPT THE NORTH 660.0 FEET THEREOF) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE WEST 66.0 FEET OF THE SOUTH 160.0 FEET OF THE NORTH 660.0 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL, MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 4: THE WEST 66.0 FEET OF THE NORTH 660,0 EEET (EXCEPT THE SOUTH 160.0 FEET THEREOF) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSlIIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a community center at 300 East Rand Road; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-04-03 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of June, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the May 7, 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-04-03; and PZ-04-03,300 East Rand Road Page 2/2 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given c~)nsideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BYTHE 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 Conditional Use permit, as provided in Section 14.203.F.8 of the Village Code, to allow the construction of a community center at 300 East Rand Road, 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 prior to the issuance of a building permit relative to the Conditional Use permit, the following conditions and/or written documentation shall be fulfilled: 8. 9. 10. Submit a photometric (lighting) plan that indicates the parking lot and building lights will not spill or glare onto the adjacent residential properties; The hours of operation shall be limited to 9am - 9pm Monday - Friday, 9am - 11:00 pm on Saturday, and 9am - 8:00 pm Sunday; Guest speaker events are limited to two (2) Sundays a month; Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural and educational programs for the suburban area's diverse ethnic population; b. Auditorium will feature performance artists (dance, music, opera) guest speakers, seminars and video conferences; c. Guest room will be used by visiting artists and speakers only; The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated May 14, 2003 but revised to reflect full access to/from the site from Rand Road and Kensington Road with a barrier gate located by the Kensington entrance that is equipped with opti-com equipment; The Kensington Road gate shall remain closed at all times except when the overflow parking area is in use; Provide calculations that verify the required and proposed storm water detention volumes and indicate all overland flow paths on the Engineering plans; Complete the subdivision process; The development shall meet all Development, Fire, Building, and other Village Codes and regulations; Restoration of areas that are disturbed by the installation of the fence along the east lot line and replacement of trees inadvertently removed as part of the site clean-up with comparable trees and landscaping; 11. Prior to Village Board review, provide fence details and documentation that neighbors concur with fence specifications regarding the proposed fence material and connections to existing fences; 12. No entrance from the Subject property to Garwood. SECTION FOUR: 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 FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:\CLKO\files\WIN\ORDINANC\C.USE.PZ4-03,300 e rand ,community ctr july 03.doc