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Home My WebLink About5. NEW BUSINESS 3/16/04 02-27-2004 William J. Cooney, AICP Director of Community Development Village of Mt. Prospect 100 S. Emerson Street Mount Prospect, II.. 60056 ~ . t-\-œ, 2111 "f 10 q Dear Mr. Cooney, The Planning and Zoning Commission recommended approval of my unenclosed porch by a 4-0 vote on their meeting of February 26, 2004. Our case is scheduled to go before the Village Board for the ordinance's fIrSt reading on March 16, 2004. 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 March 16th meeting. We were scheduled to start the project prior to March and would like to start the project as soon as possible. We understand that the Conditional Use must be approved before a Construction Permit is issued. I very much appreciate your consideration of this request. If you need any more information, or need to contact us at (847) 255-3538 or to e-mail us at any of the following addresses: boehm.robert@comcastnet blboehm.enteract@rcn.com geogirl60@comcastnet g:eo2:irl@rcn.com Sincerely, ~~ 4~L ,~~~. Boehm 710 N. Wille Street . Mt. Prospect, II.. 60056 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~~ 3/1,-)04 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 12, 2004 SUBJECT: PZ-07-04 - CONDITIONAL USE (PORCH) 710 N. WILLE STREET ROBERT & LEANN BOEHM - APPLICANTS The Planning & Zoning Commission transmits their recommendation to approve Case PZ-07-04, a request for an unenclosed front porch, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their February 26,2004 meeting. The Subject Property is located within a single-family residential neighborhood. The proposed porch would encroach 4-feet into the required front yard and extend the entire width of the house. 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 discussed the petitioner's plans for the porch and how the amount of existing lot coverage will be reduced as a result of this project. The Petitioner confirmed that the porch would help unify the existing house and proposed 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 front porch 26-feet feet from the front property line at 710 N. Wille Street, Case No. PZ-07-04. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 16, 2004 meeting. Staff will be present to answer any questions related to this matter. William J. Ijc H:IPLAN\Plæming & Zoning COMM\P&z 2004\MEJMemosIPZ-O7-O4 ME! MEMO (710 N Wille - CU - pordJ).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-O7-04 Hearing Date: February 26, 2004 PROPERTY ADDRESS: 710 N. Wille Street PETITIONER: Bob & Leanne Boehm PUBLICATION DATE: February 11,2004 PIN#: 03-34-106-021 REQUEST: Conditional Use to allow the construction of an unenclosed porch in the required front yard; and a Variation for 10t coverage MEMBERS PRESENT: Arlene Juracek, Chair Joseph Donnelly Richard Rogers Keith Youngquist MEMBERS ABSENT: Merrill Cotten Leo Floros Matthew Sledz STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Bob & Leanne Boehm Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the January 22 and February 12, 2004 meetings with one minor correction. Keith Youngquist seconded the motion. The minutes were approved 4-0. At 9:11, Ms. Juracek introduced Case No. PZ-07-04, a request for Conditional Use approval to allow the construction of an unenclosed porch in the required front yard; and a Variation for lot coverage. She noted that the porch request would be Village Board final, but the lot coverage request is P&Z final. Judy Connolly, Senior Planner, presented the case. She said that the Subject Property is located on Wille Street, between Kensington Road and Highland Street, and contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bord~red on all sides by the RA District. The Petitioner's proposed improvements include an unenclosed porch that will extend the length of the house and a second story addition. The proposed unenclosed porch would be constructed of wood, but have a concrete floor. The intent of the porch is to improve the appearance of the front elevation by lessening the impact of the second story addition and creating a unified front elevation. The plat of survey documents the Subject Property's existing conditions. Ms. Connolly said that it appears the previous owners made improvements to the property without the benefit of a permit because the current amount of 10t coverage is 58%, which exceeds the 50% limitation for the RA zoning district. After meeting with Staff, the Petitioner revised their proposal to reduce the size of the patio; they would replace the existing patio, which currently measures @ 10' x 35' with a 10' x 10' patio. In addition, the Petitioner proposes to remove the existing service walk along the south side of the home. The proposed reduction in patio size, as well as the removal of the existing service walk, will help to reduce the amount of lot coverage. However, in order to improve the Subject Property as proposed by the Petitioner, the Village Board has to approve the Conditional Use request to allow the unenclosed porch to encroach four-feet into the front yard, but the Planning & Zoning Planning & Zoning Commission Arlene Juracek, Chairperson PZ-07 -04 Page 2 Commission has to first approve a variation for lot coverage because the Subject Property will continue to exceed the 50% lot coverage limitation. Ms. Connolly said that the existing home does not comply with the Bulk Regulations for the RA zoning district. After reviewing the Building Permit files, Staff could not document that the Village authorized the addition to the rear of the garage, which encroaches into the required setback and the 9-foot easement. She said that the garage is an existing condition and allowed to remain. Also, the existing patio is reflected on a fence permit application issued in the early 1960s, but there is no record ofthe Village approving the structure. The Petitioner proposes to reduce lot coverage by removing a service walk along the side of the house and significantly reducing the size of the patio. The proposed improvements would bring the site closer to compliance with the Village's lot coverage regulations, but still exceed the 50% limitation. In order to approve the unenclosed porch, the request has to meet the Conditional Use standards listed in the Zoning Ordinance. Ms. Connolly summarized the standards and said that the proposed unenclosed, covered 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. Ms. Connolly said that in order to approve the lot coverage Variation, the P&Z has to find that it meets the standards for a Variation listed in the Zoning Ordinance. She summarized the standards and said that the Petitioner did not create the need for a Variation, but is taking measures to bring the Subject Property closer to compliance with current Village Codes. The proposed new construction will be done according to all Village regulations, the amount of lot coverage will be reduced, and the proposed improvements are consistent with the existing character of the neighborhood. The proposed unenclosed porch meets the Conditional Use standards contained in the Zoning Ordinance. In addition, the Petitioner's request to allow 54% lot coverage meets the standards for a Variation. Based on these findings, Staff recommends that the Planning & Zoning Commission approve a Variation to permit 54% lot coverage as shown on the Petitioner's site plan and that the P&Z make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach no more than 4-feet into the required front yard for the residence at 710 N. Wille Street, Case No. PZ-07-04. The Village Board's decision is final for the porch, but the P&Z's decision is final for the lot coverage request because it is less than 25% of the code regulation. There was discussion regarding paving and water retention. Ms. Connolly said Engineering had reviewed the case and did not note any drainage problems caused by the current amount oflot coverage. Robert Boehm, 710 N. Wille Street, was sworn in. He summarized his request and added that the retaining wall was in the back of the property when they purchased the property and he does not know why it is there. He said there has not been any pooling of water. He said the sump pump discharges in the front yard and will continue to do so and will not interfere with other properties. Ms. Juracek noted that removal of the concrete and addition of the porch would provide 54% lot coverage. Mr. Rogers said the 4% overage would not be objectionable since the cement removal and porch additions would be improve the property greatly. There were no comments from the audience. Ms. Juracek closed the hearing at 9:25. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-07 -04 Page 3 Richard Rogers made a motion to approve a Variation to permit 54% lot coverage as indicated on the Petitioner's site plan, prepared by Thomas Buckley, Architect dated January 21, 2004. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Donnelly, Rogers, Youngquist and Juracek NAYS: Motion was approved 4-0. Joseph Donnelly made a motion to recommend that the Village Board approve the Conditional Use to allow the construction of an unenclosed porch in the required front yard. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Rogers, Youngquist and Juracek NAYS: Motion was approved 4-0. At 9:30 p.m., Joseph Donnelly made motion to adjourn, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adj ourned. H:\PLANlPlanning & Zoning COMM\P&Z 2004IMinutes\PZ-07-04 710 N Wille St Boehmdoc Village of Mount Prospect Community Development Department CASE SrM'IARY - PZ- 07-0~ LOCATIO:\: PETITIO1'ŒRS: OW~ERS: PARCEL #: LOT SIZE: ZO~lNG: LAND USE: REQUEST: 710 N. Willè Stfèèt Robert & Leanne Boehm Robert & Leanne Boehm 08-12-308-017-0000 0.27 acres (11,77 5 square feet) RA Single Family Rèsidence Single Family Residential Conditional Use -Porch in front yard & Variation - Lot Coverage 719 718 717 71h 715 71~ 713 71! 711 710 709 708 707 70h 705 70~ 70J 70! 'nl 700 h2J 6!! hZl 6!0 hl9 618 61' 61h 615 61~ 613 61! 611 610 609 0118 6117 006 0115 611~ 611J 6H! 6111 6110 " .. ~ , -< - ~ ... = ~ <, I <'" 51'1 "S 517 ,16 515 51~ 51J ,,! 511 >II) 5119 ,liS ,07 SH6 5nS sn~ ,03 ,H~ 5111 - LOCATION :\-IAP v ^~ ';~at 71~ = 7111 ~. 715 71~ 71J 712 711 7\11 - 709 708 " " 707 706 ... - 70S 70~ . 70! " 703 :: '11' 700 c.. 6!J 62! 6!1 620 619 618 617 616 615 61~ 613 612 611 hlO 6119 6nll 60" 6116 00, oll~ 6n3 602 001 "Hn -¿j " ... rr. " ~ .,. - 0::: 'I m R )3rl 719 718 717 716 715 71~ 713 712 7\1 8::"1111 709 708 707 706 705 704 70J 702 7111 700 h2J 622 621 6211 619 61S hl7 61h 615 61~ 613 612 611 610 609 hnll 607 hll6 605 60~ 603 602 6HI "00 .2.!.L- ~ 726 715 7J~ 713 712 :. 7\1 710 t 709 70S tl 707 -06 :. 705 70~ :-.. 70J 702 ~ 'III 700 623 622 621 620 619 618 hl7 616 61, 61~ 613 612 611 610 609 60S h07 "n" "115 "II~ 603 "n! 6111 onll - :.,¡ ~ - íJ:. - .- ~ ~ ~ OC :.,¡ - - - - - Q:: Highland Street <, I <'II 519 51S 51" ;16 515 5 I~ 513 51! 511 510 509 SIIS 507 506 505 ;n~ ,03 ,02 ,01 5011 <, 519 519 SIS 517 516 517 516 51, ,I~ 515 51~ 513 512 SIJ 512 511 510 509 5111 51 J SOli 5H7 5H6 5H7 506 50S 50~ ;OS 5H~ 50J 50! 51)} 50~ ,01 son 501 Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: FEBRUARY 19,2004 HEARIN G D ATE: FEBRUARY 26, 2004 SUBJECT: PZ-07 -04 - CONDITIONAL USE (PORCH) & V ARIA TION (LOT COVERAGE) 710 N. WILLE STREET (BOEHM RESIDENCE) BACKGROUND A public hearing has been scheduled for the February 26, 2004 Planning & Zoning Commission meeting to review the application by Robert & Leanne Boehm (the "Petitioner") regarding the property located at 710 N. Wille Street (the "Subject Property"). The Petitioner has requested approval ofthe following: 1) Conditional Use to allow the construction of an unenclosed porch in the required front yard; and 2) Variation for lot coverage. The P&Z hearing was properly noticed in the February 11,2004 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Wille Street, between Kensington Road and Highland Street, and contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. SUMMARY OF PROPOSAL The Petitioner's exhibits illustrate the proposed improvements, which include an unenclosed porch that will extend the length of the house and a second story addition. The elevations show that the proposed unenclosed porch would be constructed of wood, but have a concrete floor. The intent of the porch is to improve the appearance of the front elevation by lessening the impact of the second story addition and creating a unified front elevation. The attached plat of survey documents the Subject Property's existing conditions. It appears that the previous owners made improvements to the property without the benefit of a permit. As such, the current amount of lot coverage measures 58%, which exceeds the 50% limitation for the RA zoning district. After meeting with Staff the Petitioner revised their proposal to include the replacement of the existing patio in the rear yard (approximately 10' x 35') with a much smaller patio (10' x 10'). In addition, the Petitioner's proposal includes the removal of the existing service walk along the south side of the home. The Petitioner's proposed reduction in patio size, as well as the removal of the existing service walk, will help to reduce the amount of lot coverage for the Subject Property. In order to improve the Subject Property as proposed by the Petitioner, the Village Board has to approve the Conditional Use request to allow the unenclosed porch to encroach four-feet into the front PZ-07 -04 . Planning & Zoning Commission meeting February 26,2004 Page 3 yard, but the Planning & Zoning Commission has to first approve a variation for lot coverage because the Subject Property will continue to exceed the 50% lot coverage limitation. GENERAL ZONING COMPLIANCE The existing home does not comply with the Bulk Regulations for the RA zoning district. After reviewing the Building Permit files, Staff could not document that the Village authorized the addition to the rear of the garage (which encroaches into the required setback and the 9-foot easement). The garage; however, is an existing condition and allowed to remain (Sec. 14.402). Also, the existing patio is reflected on a fence permit application issued in the early 1960s, but there is no record of the Village approving the structure. The Petitioner proposes to reduce the amount of lot coverage by removing a service walk along the side of the house and significantly reducing the size of the patio. The proposed improvements would bring the site closer to compliance with the Village's lot coverage regulations. The following table compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirements. RA Single Family Existing Proposed District Minimum Requirements SETBACKS: Front 30' 32' 26' Interior 5' North: 9'4" North: no change South: less than I' South: 5'7" Rear 25' 4' (2:ara2:e) no change LOT COVERAGE 50% Maximum 58% 54% 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 bn Village streets; and Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code. and other Village Ordinances. . . . The proposed unenclosed, covered 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. PZ-07 -04 Planning & Zoning Commission meeting February 26, 2004 Page 4 VARIATION 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's hardship is the result of work that was done by a previous owner who did not comply with Village regulations. The Petitioner did not create the need for a Variation, but is taking measures to bring the Subject Property closer to compliance with current Village Codes. The proposed new construction will be done according to all Village regulations, the amount of lot coverage will be reduced, and the proposed improvements are consistent with the existing character of the neighborhood. RECOMMENDATION The proposed unenclosed porch meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. In addition, the Petitioner's request to allow 54% lot coverage meets the standards for a Variation. Based on these findings, Staff recommends that the Planning & Zoning Commission approve a Variation to permit 54% lot coverage as shown on the Petitioner's site plan and that the P&Z make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach no more than 4-feet into the required front yard for the residence at 507 S. Wille Street, Case No. PZ-07-04. The Village Board's decision is final for the porch, but the P&Z's decision is final for the lot coverage request because it is less than 25% of the code regulation. I concur: ~ William J. , Director of Community Development ~c H:\PLANlPlanning &. Zoning COMM\P&z ¡""\StolT McmOIPZ",,",4 MEMO (710 N. Wille - CU V AR - pordJ).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 Z Case Number 0 P&Z - - .... E-< <".:" Development Name/Address ~-§' 00 ~ ~ Date of Submission ~S ~2.. ~ Hearing Date Q. Z .... Adchess( es) (Street Number, Street) 5 Tfl- LL T 7/0 AI. V///¿,¿ ¿- Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) , ¡ t 6 ~A:-- / 3 7 3 rf:2. Setbacks: Front J 2. I () 1z II Rear Side / ¿f '/.¡ If Side 51 712 II Z 9 0 .... E-< Building Height Lot Coverage (%) Number of Parking Spaces ~ / tf .'-' / h ì () HIN5L- ..:J - 0 Adjacent Land Uses: ~ North South East West ¡2. z S¡;rz 5ffZ .... 51-f.- 't- Pr/ØU,fJ.P#IJ 5'¡:- ~ E-< .... Tax J.D. Number or County Assigned Pin Number(s) (/:¡ "" 03 - 3L( - JOt' - (/2/ .- 0000 Z .... E-< (/:¡ ~ ~ Legal Description (attach additional sheets if necessary) ¿Or J..'I IN Ilt ClCf< 2 IN f..¡lJIV() 1'1 £w J.I,~H¿ 19"'f/O.f. b'£I/Vt:- A ?VStJ/I//S/O;f/ v./~ ~¿ IvrJfL¡HwÜr !/'I ~ I r+¿. "A;O¡¿"7'¡,M'S'" I/~ 'v; 1ir~¿" .Ñ0t!/r.I 141£'.1,-'1/(/ 0/ S.,Æ..'.77-"",", $'¿/", ío(,\. /l/srftl' 't z. Ñt:J~Ìl'1'. /J.-I'J;'VI-é /}, EIf-~ r or TN¿ //':///1. Þ ¡O¡:? 14 U ¡<7¿.¿ IJ1 .If-,L { tJ I /f /'V /-1.1 Æ Of' K- C (? V.Av 7i'-', Il-è- I/V<?/S ;z: Name T~Phone (day) 0 flaØU-T r L£If/v...v¿. 6(/£ /-IIV/ Fl¿(7) )~š- 3Ç3 tg - E-<. .0( Corporation Telephone (evening) ¿ ~I (g t{7) 1-ç-) - :5 S- 38 0- ¡¡. s:: Street Address ~.§ Fax. ~õ.. 7/ ~ N, WIt- t--t.. ~f- ;z: r:l. ;;;¡<: City State Zip Code Pager 0 I ~ It1 T. /£'05 ¡fl¿ (] /¿ (; 0i756 0 ~ Interest in Property U < I1lSD = TIt¿:. D V'- A/ ¿: ¡t( . z Name Telephone (day) £ f<oeu I d- L£4N/V£ ¡J t?ill /V] C~L(7) 2 ~s-- 3 ~3 13 ¡-. < ;2:1 Corporation Telephone (evening) 0:: ì:¡ 0 ~ (alf7) 2sÇ--3~3g .. ~ zO - » Q 1:: Street Address Fax: z 0) ;:;J 0. W / '- t-. t 0 e 7/0 IV' ~T. O::¡:¡... ~I City State Zip Code Pager. ;:;e:: U fP-C6¡O¿(T /1.- (; 00 S 6 < IJ1 T. co Developer 5(¿e- c ON5Jr2- C/L-T70V «¡}{7) 25> '232Z- Name Telephone (day) Address J '2 í'r; E. /Jf1v J 5 5'TL¿¿ T Fax tq~/7) 2ÇÇ-236 B fI--,z- t.- I At I.-T 0 A./ II Ii Itf- tf T.J I¿ " 6000~ Attorney Name Telephone (day) Address Fax Surveyor Z Name Telephone (day) 0 1 .... ¡.... U) Address Fax «;j ~.~ OJ! ¡.. 0 z.... ....p.. ~= Engineer ~ ä Name Telephone (day) 0 g. ~~ ~ > Address Fax ;:( 0) uO <I ~ Architect If V'C¡.¿t- ¿)/ Telephone (day): (:1'17)31 C7 -tjS3o Name TO/VI Address PD. BO)f: C? ~6'2~ Fax 1-/£lr/Mt7-'" E 5> T~.J/ /L.- 6' 0 /9 ç Landscape Architect Name Telephone (day): Address Fax Mount Prospect Department of Conll11lmity Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Proposed 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) SElf. ItTT/T-Cij.Æ tJ E y ¡P? /1-/ /!/ /7--/'7 C7 /V Q ~ f-< ~rJ1 o~ ....~ ¡::¡::O' ~~ ~~ ~O rJ1~ U < .. . .,," Hours of Operation N !¡L.1lf'£L ì Y . <.)I O¥ Ñ /fl'tL. "....................--....... Address(es) (Street Number, Street) ~z 7/0 N. VVlt.t-t. ? ""'~L¿'T. . !::o Site Area (Acres) Property Zoning Total Building Sq. Ft. ~ite) Sq. Ft. Devoted to Proposed Use rJ1.... /66 r<-ft } 373 Ii )39 - S- /'1 Z Qf-< , ~< Setbacks: ð~ ~o Front Rear Side Side o~ ¡::¡::Z ~.... Building Height Lot Coverage (%) Number of Parking Spaces I )2.3% trOV5~ )..)". (J - 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 Plaru1Íng Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the infOlmation 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 O\V11er of the property. The petitioner and the O\V11er of the property grant employees of the Village of Mount Prospect and their agents peI111Íssion to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all infOI111ation provided herein and in all materials submitted in association with this application are true and Aacpcpurll.actaentt°th.~~?dgA. £1. /' . U ~/r~ Date I - 2- tJ - :2 (/'07 If applicant is not property O\V11er: 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 O\V11er Date Mount Prospect Department of ConmlUnity Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 SUMMARY OF ACTIONS REQUESTED Application for Conditional Use of Property Approval for Robert and Leanne Boehm 710 N. Wille St. Response to Standards of Conditional Use Approval for Proposed Open Front Porch: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare. The proposed open front porch area of our home will not in any way be detrimental to, nor endanger the public health, safety, morals, comfort, or general welfare. When completed, this area of the home will give it a very welcome appearance, will provide for a nice, comfortable area for neighbors to visit, and will give the home an inviting atmosphere. The greatest benefit, however, is that it will very much serve to enhance the general condition of the property. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. The proposed open front porch area will in no way be injurious to the uses and enjoyment of other property in the immediate vicinity, nor in any way impair or diminish property values within the neighborhood. We strongly feel that the proposed open front porch area will have an overall positive effect on property values in the neighborhood, because it will dramatically help to improve the condition of the existing home, will serve to enhance a sense of community with our surrounding neighbors, and will dramatically enhance the curb appeal of our home, in turn serving to enhance the curb appeal of other homes in the neighborhood. We have had all of these beliefs confirmed to us through speaking with several other homeowners in our neighborhood who have also had similarly structured open porches built and added to the fronts of their homes in recent years. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The establishment of this proposed conditional use of our property will in no way impede the normal and orderly development of surrounding properties, because first, our home is currently situated within and on residential properties, and second, because each individual homeowner in our neighborhood is free to upgrade, enhance and improve the properties on which they live as they see fit. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided. The proposed conditional use of our property will not block or impede any public way or restrict any access to, from, or around this property. Access to public utilities has already been improved by the recent removal of fencing from the south edge of the property, and will improve even more with the removal of both concrete and trees which currently exist on the south edge of the property. There have been no historical drainage problems on this property, and none are anticipated to occur in the future due to the resultant reduction of the overall percentage of lot coverage at the completion of the project. This reduction of total Jot coverage is addressed in the accompanying Application for Variation. 5. That adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets. The proposed open front porch structure will pose no problems for ingress or egress to either the home itself or the surrounding public streets. Since the access area of the proposed structure will be more than sufficiently wide, and neither of the other two access areas to the home itself will be altered, both ingress and egress to and from our home will be as easy as they are currently. There will be no effect on traffic congestion on any surrounding public streets, since both the current structure is, and the proposed structure will be sufficiently set back on the property from all public ways. . 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. The proposed conditional use of our property by the addition of an open front porch area is not in any way contrary to the objectives of the Comprehensive Plan for the Village. One of the reasons we are so fond of the village of Mt. Prospect is the continued encouragement of a strong sense of community and a "friendly neighborhood" concept in the residential areas. More recently, we have seen this concept extended into the downtown commercial areas, where there has developed an attractive mix of residential and commercial properties. The improvements we are planning for our property, especially the open front porch area, are in direct conformance with the strong sense of community and the "friendly neighborhood" concept that the village encourages, in that they will only serve to strengthen these positive aspects. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning and Zoning Commission. As responsible homeowners, we can assure all those involved in and concerned with our building project that "in all other respects", the proposed open front porch area of our home will conform to all existing applicable regulations, building codes and standards of the district in which it is located, as well as any that may be modified through recommendations of the Planning and Zoning Commission. You can expect our full cooperation and participation in any such matters. Additional Commentary: As a married couple, we have resided in this community for nearly 16 years. Prior to marriage and outside of time spent away at college and living for 4 years in a Wheeling apartment with her husband, Leanne resided with her parents in this same community since the age of 7. Although 37 years have now passed, her parents continue to happily and comfortably reside in the same home on Elmhurst Avenue. A strong sense of belonging to this community prompted us to purchase our first home here in Mt. Prospect. Having spent most of her childhood years here, Leanne had previous knowledge of the community's excellent school system. Knowing that we would be adding children to our family, this was also a motivating factor for us to purchase our home here. The addition of children to our home and family since we purchased it in 1988 has recently prompted us to consider either moving to a larger home or making our current home more livable and enjoyable for all of us, and staying here. A decision in favor of the latter was easily made after careful investigationirito the costs and benefits of both options. Staying here in Mt. Prospect not only allows us continued enjoyment of wonderful neighbors, and a great local community and government, but our children have the added benefit of attending school in one of the very best districts in the state. Additionally, we feel that even though the costs of our proposed addition are comparable to that of moving to a larger home, being able to improve our home to our own tastes and desires is much more appealing and desirable for us than settling for the tastes and desires of another homeowner. Simply stated, we want to stay here in Mt. Prospect, and especially in our current home. We feel that the home improvements we are proposing will make this the "right place to stay" for us for a very long time to come. We believe that once completed, the proposed improvements will be aesthetically pleasing, functional, safe, and not out of character with other home improvement projects that have been completed and are currently being undertaken in our community, or even with neighboring properties as they exist now. As such, we feel that our proposed home improvements will result in overall positive effects in our community. We very much thank the Planning and Zoning Commission and the Council for their considerations of this conditional use proposal. VIL LAG E 0 F MOUNT PRO S PEe T COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street Mount Prospect, 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 COMMISSION REVIEW Village Board Final :z: Case Number 0 PZ - - 02 - í-< <1:""'" Development Name/Address ~-a O~ ~ CoI Date of Submission Zl:: -"" ~e, ¡;r.l Hearing Date Q :z: - Common Address(es) (Street Number, Street) 7/0 ¡t/. W /L-L ¿ srM¿ / Tax LD. Number or County Assigned Pin Number(s) Z 0 3 - 3 L/ - J 06 - 02 I - 0000 0 - í-< <I: ~ Legal Description (attach additional sheets if necessary) 0 ¿,or :2l/ ¡IV !j-.o¿ K 2- 1./1/ !-t9A/()V¡,£W /Ir¿"fit.~~<15", #£I-~t5- /9- ~ 01- ' Z [;v ß 0 I V /5 I c:7 AI (? r TH¿ A/tJ~17f )N¿~ r /¿¡ ~ "Tl# .Æ/tJ/-77'7 btJr ~I - ¡;r.l -1A./P /71Z': ¡V()¡?"'Ttr~,,!)r I/t¡ í-< ~I TpWNS'/'-//P L/ 2 ..... tl;- Tp-!¿ /tiC' ¡¿ i 1-/ vV é5 T t:lr S""¿C,70/V 3L( , rJj NO ¡:¿ ,rl I f/-11/Vð--¿ II ~/1~T Or Tij¿ r#/~tl (J // A.,d..- I/' ¿.¿ " mi-/Lf ()J /f-v /.1'\..-' c.O?,K COI/" NT/' / t.- L- IN t? ¡..5 . " Z 0 ¡:: <I: ~I 0...... ~ ¡:: Z ~ ..... .- Q'õ.. ~~ 01 ~ ø ::( u < ¡:¡;¡ 1- L-£ t9/VA/I f(;L- Street Address 7/ (lA/. //VIi.- '-- t City State IVl í, f~O5f¿?r / L sr. Zip Code (;0'056 Pager Interest in Property OW A.ll.l..... Z Name Telephone (day) 0 flo 8 b-T ttlEfft11 (fié[7) 2-~5~ 3~3éO ..... ¡... rf- ¿¿4pA/L ~ ~ ~ Corporation Telephone (evening) 0 ~ (6'17) :2S-Ç-353g ¡., ~ zo ~è Street Address Fax: Z Q) ;:J§' 7/17 /1/, tN' / l t.-¿ 577 0'" ~~ e,,1 City State Zip Code Pager ~ U jý} í. .ß-o:;f¿c T /t- tOtJS-6 < ~ Developer :r/lC LO/lv5/lL vc.;:-7~.Ñ ~'f))2ÇÇ';Z3 JZ Name Telephone (day) Address / J /7 E iJ ffC/ 1-5 3TïLL.£r Fax &If-;;) ;25~;?3(Ø ~l/I Ñ'6-'T7o.-v 1-/ E I ð-1'1T5 IL -- t: Ot/ éJ S- Attomey Name Telephone (day) Address Fax Surveyor Z Name Telephone (day) 81 ¡... <J} Address Fax ~1 O~ ¡., 0 Z'" .....~ ~E Engineer Z Q) ;:J S Name Telephone (day) 0 §' ~~ e" > Address Fax ~ Q) uO <I ~ Architect To I'V\ /J 1.1 t-I<-l,f }./ Telephone (day): (ø1'V 3/ 0-- 9 ç 3° Name Address pO. 8C?x 9..;-tZtf Fax No r--f- IY1 ß AI E.5 /?f-1"¿ S I / ¿ ¡; ~/ 9 '5' Landscape Architect Name Telephone (day): Address Fax Mount Pròspect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois, 60056 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Code Section(s) for which Variation(s) is (are) Requested Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations 5L¿ /J//79 é ir¿'¿ ¿ >< ¿P ¿ ri Þ /9-;7 c? /\.-' Q ~ ¡;o.~ o~ ~;:¡ n ~O (/)¡:: U ~ I 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 the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the infom1ation contained in this petition as well as all suppoliing 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 infom1ation provided herein and in all materials submitted in association with this application are tl11e and "em", to th, ~. ~ - - , " Applicant d Date I Z ¿:;;7 7- Øf7 V / 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, 60056 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 SUMMARY OF ACilONSREQUESTED Application for Variation Approval for Robert and Leanne Boehm 710 N. Wille St. Response to Standards for Variation Approval for Lot Coverage 1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the letter of the regulations was to be applied. Since our property currently has 58.1 % lot coverage, the proposed renovation plans include a significant reduction of this lot coverage percentage through the removal of a large portion of the preexisting concrete. Even though the addition of the proposed open front porch area to our home will result in a slight increase in lot coverage percentage, the subsequent removal of a larger portion of existing concrete will result in an overall reduction in total lot coverage, from the present 58.1 % to 53.7%. We understand that this still exceeds the maximum of 50% allowable lot coverage, however, we ask you to consider that lot coverage increases of the property were made by previous owners, most likely without proper permits from the village. Due to this preexisting condition of our property before we purchased it, we feel that our request for allowance of this very slight increase in lot coverage percentage over regulation is not unreasonable. Although a future back patio is included in the site plan, it is NOT to be built during this project. If is was built in the future, the added 100 squarefeef would make a total coverage of 55.1 %, still a considerable improvement over the present condition. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification. The preexisting condition of our property before we bought it is unique to it, simply because the percentage of lot coverage was increased by previous owners. To our knowledge, no comparable increases in lot coverage percentages have ever occurred on other similar properties within the immediate neighborhood. As stated in response #1 above, our plan is to improve the existing condition of our property by reducing the total coverage of the lot from the current percentage. . 3. The purpose of the variation is not based primarily upon a desire to increase financial gain. Except for the expense involved in adding an open front porch area to our home, money has nothing to do with it. We simply desire to add living space to our home to increase our enjoyment of it and to add comfort to it. Also, the improvements we propose will result in a reduction in the total lot coverage percentage, as explained above. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property. The present condition of our property was caused by the increases in lot coverage percentage by previous owners. Since purchasing this property nearly 16 years ago, we have not added any coverage to the lot. As stated above, the addition of the proposed open front porch area to our home, and subsequent removal of a significant amount of concrete from the property will result in an overall reduction in lot coverage percentage. 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Historically, there have been no flooding or drainage problems on this or any of the adjacent properties. Through reduction of overall lot coverage percentage on our property, drainage of the property will be improved, and thus will help improve drainage of adjacent properties as well. We do not foresee any detrimental or injurious effects on any adjacent properties resulting from the home improvements we are proposing. We anticipate that the overall project will , serve to positively affect other properties in the nèighborhood. 6. The granting of the variation will not alter the essential character of the neighborhood. We are requesting a variation to allow our property to very slightly exceed the 50% maximum allowable lot coverage regulation. With an overall REDUCTION of the existing total lot coverage through our proposed home improvement plans, we anticipate a resulting positive enhancement of the essential character of the neighborhood. Not only will the total amount of concrete on the property be reduced and more grass and plant-covered areas increased, but the addition of the open front porch area to our home will serve to enhance the general appeal of the neighborhood by helping to give it a warm and inviting atmosphere, and will also greatly enhance the curb appeal of our own home.\ 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties; or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The addition of an open front porch àrea onto our home will in no way affect the supply of light and air to adjacent properties, nor will it in any way increase the congestion of the public streets, nor will it in any way impair natural drainage or create drainage problems on adjacent properties, nor will it in any way endanger the public safety, nor will it in any way substantially diminish or impair property values within the neighborhood. With regard to fire safety, although the proposed open front porch is planned to be constructed of wood, all proper precautions such as treatment of the wood and a "no smoking" policy will be taken to ensure that the added wood does not increase the danger of fire. With regard to drainage, as stated in response #5 above, the drainage of both our property and adjacent properties will be improved with the reduction of total existing lot coverage by the removal of large amounts of concrete, and an increase of the total grass and plant covered areas on the property. With regard to property values in the neighborhood, we anticipate an overall increase in the values of both our own and neighboring properties as a result of the home improvement plans we are proposing. At the completion of the project, the value of our home will increase substantially, which will in turn help to enhance the values of adjacent homes and properties, as well. As stated in response #6 above, we feel that the improvements we propose will positively affect the attractiveness of not only our own home, but that of the surrounding neighborhood, thus increasing their values. Additional Commentary: The reasons for our requests for Conditional Use of our property and for a Variation to allow our property to slightly exceed the maximum lot coverage percentage regulation have been stated very clearly and thoroughly in the "Additional Commentary" section of the accompanying application for Conditional Use. A review of that section is suggested. We offer our full participation and cooperation with the village regarding any requests for elaboration or any questions any of you may have for us. In closing, we would like to emphasize our gratefulness to the Planning and Zoning Commission and the Village Council for their kind consideration of these matters. In our 16 years of residency in Mt. Prospect, this is the first opportunity we have had to work with the village government in any "official" capacity, and we have found all of the staff and employees to be very helpful and kind to us. Thank you, again, and we look forward to your response to our requests. SUMMARY OF LOT COVERAGE FIGURES IN DETERMINING EXISTING AND FUTURE COVERAGE PERCENTAGES Leanne and Robert Boehm 710 N. Wille Street Mt. Prospect, IL 60056 FROM EXISTING CONDITION PLAT OF SURVEY, the total lot square footage of the property is 7227 square feet. From the same Plat of survey it was determined that the existing lot coverage is 4198 square feet. 4198/7227 = 58.1% Remove: Front Porch and concrete skirt: Front walk: South Walk: Back Patio -95 sq. ft. -55 -216 -290 -656 sq. ft. 4198 - 656 = 3542 sq. ft. Add: New front porch: Front Walk +240 sq. ft +100 +340 sq. ft 3542 + 340 = 3882 sq. ft. Resulting in the final figures after the project of: 3882 / 7227 = 53.7% VERIFY RID"E TO BE BELOW MAIN ROOF PEAK CONTINUOUS RIDc.E VENT ----- NEW ASPHALT SHIIoI"LES ------ r~ E"RESS WINDOWS TO MEET THE REO'D NET CLEAR OF'ENINc. OF 5.1 SQ-FT T DmD~[] , DOWNSP, - - ,- , -",~ ------ - -- -- D,D'D REMOVE' IVlII REF'LACE m~ REMOVE '11[11 REPLACE 1 ~ ~-----------------------~-----------------------------------, , ..... , '...... . . . . .... - .. ANTON J. ADAMS Î<e..1"';""'." knd &,.1lerl" 301 NORTH WillE STREET. MOUNT PROSPECT, ILliNOIS 60056 . PLAT or §SURV[ Y tf Phone, ClEARBROOK : Lot 24 in Block 2 in Randview Highlands, being a subdivision of the Northwest 1/4 of the Northwf 1/4 and the Northeast 1/4 of the Northwest 1/4 of Section }4, Township 42 North, Range 11, East the Third Principal Meridian. § II ~~ ~~ II' ~~ 'ta.. " '. ~II b), l p~ {j ~"Nr~cTE. ?z:.7~ ~ ~ "çRA'P/F ,"'I 64'£AGE. Ii .. -.; " ~ ~ ~ ~ \; , ~ ... ~ ~ .. ~... 5"(/TN {IHE o,¡C tAl £'E/YJ//y6ToAl RoA'P. ~. IIJO¡JÍ '/& ì'~ /.3/! 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WA1.K "'- ./ R VE EXIST. FOOTINú ti-. ~ 131'-5 5/8/1 -r'- t, !oJ (,3'-2 1/2" o[ / ~ - 0 I I I - W LO 2~... ~I "- EXIST('¡ CONCRETE DRIVEWAY,.. I I - èr I I , I I ~I REMOVE EXIST PATIO FUTURE 10' x 10' PATIO EXIST. FRAM GARAGE' 1311-5 1/2" SITE PLAN SCALE '" = 20'-0" ~ NORTH vwl 3/5/04 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 710 NORTH WILLE STREET WHEREAS, Robert and Leanne Boehm (hereinafter referred to as "the Petitioner) have filed a petition for a Conditional Use permit with respect to property located at 710 North Wille Street (hereinafter referred to as "the Subject Property'), legally described as follows: Lot 24 in Block 2 in Randview Highlands, being a subdivision ofthe Northwest quarter of the Northwest quarter and the Northeast quarter of the Northwest quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian. Property Index Number: 03-34-106-021-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct an unenclosed covered porch up to four-feet (4') within the thirty-foot (30') minimum front yard setback as required in Section 14.1 003.A of the Mount Prospect Village Code; and WHEREAS, a Public Hearing was held on the request for the Conditional Use being the subject of PZ-07-04 before the Planning; and Zoning Commission on the 26th day of February, 2004, pursuant to proper le~al notice having been published in the Mount Prospect Journal & Topics on the 11 h day of February, 2004; 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-07-04; 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. ÎÓ 71 0 N. Wille Street Page 2/2 SECTION TWO: The Presid~nt and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit for the construction of anlJn~nçlosed covered porch encroaching no more than four-feet (4') within the thirty-foot (30') minimum front yard setback as required in Section 14.203.F.7 of the Mount Prospect Village Code as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A" SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: None PASSED and APPROVED this day of ,2004. Gerald L. Farley Village President ATTEST: Velma W. Lowe Village Clerk H:ICLKOIfilesIWINIORDINANCIConUse, 710 Wille,porch,Mar,04.doc SCHAIN, BURNEY, Ross & CITRON, LTD. LAW OFFICES PATRICK T. BRANKIN Direct Dial (312) 422-7642 E-Mail: pbrankin@schainlaw.com Suite 1910 222 North LaSalle Street Chicago, Illinois 60601-1102 312-332-0200 Fax 312-332-4514 March I, 2004 Mr. Bill Cooney ~'---~o- ~'r~rn~"_;"n n""'elopment L/llt:LL' 1 VI '-V IUHU1LHY""'\",V ..', . Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 ~~~~ !JIto\ 04 Re: Parkway Bank and Trust Variance and Conditional Use Dear Mr. Cooney: On February 26, 2004, after a public hearing, the Planning and Zoning Commission voted 4-0 to recommend that the Village Board approve Parkway Bank's request to construct a bank with two drive-thru lanes and a variance from stacking regulations subject to the conditions discussed at the public hearing. By this letter, Parkway Bank hereby requests that the Village Board waive second reading and take final action at the March 16, 2004 Village Board meeting. Please contact me if you require further information with regard to this request. Thank you. ./~/.- /,.------....----.-.--:------- PTB/djm cc: Judith M. Connolly Mr. Ralph Smith ptb / letters / letters-3-04 / Cooney-Itr Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 12, 2004 SUBJECT: PZ-04-04 - CONDITIONAL USE (DRIVE- THRU) & VARIATION (S AC 1590 S. ELMHURST ROAD PARKWAY BANK - APPLICANT G) The Planning & Zoning Commission transmits their recommendation to approve Case PZ-04-04, a request for a drive-thru bank at 1590 S. Elmhurst Road (the "Subject Property"), as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their February 26,2004 meeting. The Subject Property is located at the northwest comer of Dempster Street and Elmhurst Road. The Petitioner, Parkway Bank, proposes to convert the former gas station building into a drive-thru bank (with 2 drive-thru lanes and 6 stacking spaces). The Petitioner proposes significant site improvements to the Subject Property as well as the existing building. However, the Petitioner received notification from IDOT after the Staff Memo was sent to the Planning & Zoning Commissioners that IDOT would only permit a right-in only entrance from Elmhurst Road. The proposed Dempster Street driveway is under Cook County Highway Department (CCHD) jurisdiction and, to date, CCHD has not required any turning restrictions for this access point. The Petitioner and their representatives presented the project in extensive detail and elaborated on why six (6) stacking spaces would be sufficient for the proposed two (2) drive-thru lanes. The Planning & Zoning Commission discussed the Petitioner's plans for the site and stated that the proposal would be an improvement to the Subject Property. However, the P&Z stated concerns pertaining to exiting the site because IDOT eliminated access onto Elmhurst Road. In addition, the P&Z noted that due to the high visibility of the site, the refuse enclosure should be constructed of the same brick material to be used on the building. The Planning & Zoning Commission members voted 4-0 to recommend that the Village Board approve a request for a Conditional Use permit for the operation of a bank with two (2) drive-thru lanes and a Variation for six (6) stacking spaces subject to the conditions listed below for the property located at 1590 S. Elmhurst Road, Case No. PZ-04-04. 1. Develop the building in accordance with the elevations prepared by Elias G. Pappageorge Architects Staff Date Stamped February 19,2004. 2. Develop the site in accordance with the plans prepared by The Balsamo/Olson Engineering Company revision date February 10,2004. 3. Develop the site in accordance with the landscape plan prepared by Jack Gabriel Di Clementi, Inc., revision date February 10,2004. 4. Submit a photometric (lighting) plan that indicates the site will comply with Village Code requirements. PZ-04-04 March 12, 2004 Page 2 5. The development shall meet all Development, Fire, Building, and other Village Codes and regulations, which include but is not limited to installing automatic sprinklers and fire alarm, and signage that meet the Village Sign Code regulations. 6. Approval of appropriate permits by LD.O.T. and M.W.R.D., CCHD. 7. Construct the refuse enclose with the same brick material proposed for the exterior of the building. 8. Subject to CCHD approval, modify the Dempster Street driveway to create a dedicated left-turn lane exiting the site, a right-turn lane exiting the site, and a full access lane entering into the site. The Village's Traffic Engineer was made aware of the P&Z's recommendation to modify the Dempster Street access and the IDOT restriction for Elmhurst Road. The Traffic Engineer recommends that the Petitioner coordinate access to/from the site with IDOT and CCHD to ensure the safest means of ingress and egress for the Subject Property. Please forward this memorandum and attachments to the Village Board for their review and consideration at their March 16, 2004 meeting. Staff will be present to answer any questions related to this matter. William J. 1c H:IPLANlPlanning & Zoning COMM\P&z 2004\MEJ MemosIPZ-O4-04 ME! MEMO (1590 S Elmhurst Road - cU V AR parkway Bank).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-O4-04 Hearing Date: February 26, 2004 PROPERTY ADDRESS: 1590 S. Elmhurst Rd. PETITIONER: Parkway Bank PUBLICATION DATE: February 11,2004 PIN#: 08-14-403-024 REQUEST: Conditional Use to construct a drive-thru bank and a Variation for the number of proposed stacking spaces for the drive-thru lanes MEMBERS PRESENT: Arlene Juracek, Chair Joseph Donnelly Richard Rogers Keith Youngquist MEMBERS ABSENT: Merrill Cotten Leo Floros Matthew Sledz STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Patrick Brankin Jack DiClementi James Gibbons Jiun-Guang Lin Kenneth Rathje Ralph Smith Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the January 22 and February 12, 2004 meetings with one minor correction. Keith Youngquist seconded the motion. The minutes were approved 4-0. At 7:43, Ms. Juracek introduced Case No. PZ-04-04, a request for Conditional Use approval to construct a drive-thru bank and a Variation for the number of proposed stacking spaces for the drive-thru lanes. She noted that the request would be Village Board final. Judy Connolly, Senior Planner, presented the case. The Petitioner proposes to use the existing structure, but modify its interior and exterior to accommodate a bank with two drive-thru lanes. Also, the entire site will be improved as part of the bank proj ect. The Petitioner proposes to improve the building's exterior façade by removing the existing materials and installing a new brick and stone façade. The roofline will remain the same, but decorative designs will be incorporated throughout the signable area of the building. Ms. Connolly said that the Subject Property is a separate lot of record from the adjacent retail center. The two sites operate independently of each other and do not have any means for vehicles to travel from one site to the other. The Petitioner proposes to close two existing curb cuts. The Petitioner is aware that an Illinois Department of Transportation (IDOT) permit is required to make these modifications. She said that the Petitioner started the IDOT permit process and received IDOT's requirements since the Staff Report was sent out. IDOT requires a Planning & Zoning Commission Arlene Juracek, Chairperson PZ-04-04 Page 2 right-in, right-out only for the Elmhurst Road driveway. The driveway closings and restricted turning- movements will improve traffic flow to/from the site and within the bank's parking lot. The Petitioner has agreed to modify the site plan to address IDOT's requirements. The Petitioner's site plan indicates six stacking spaces will be provided for both drive-thru lanes, which is less than the minimum number required per zoning regulations. Ms. Connolly said that although ten vehicles are shown on the site plan, the vehicles using the actual drive-thru are not included in the stacking count and the last two vehicles are excluded as well. According to the Village's Traffic Engineer, the last two cars are technically in a driveway as opposed to a stacking area. However, the site includes 50% more than the number of required parking spaces. The Petitioner has provided information on the banking operation to explain why two drive-thru lanes will meet the site's proposed operational needs when most other banks have three or more drive-thru lanes. In addition, the Petitioner has provided information that identifies which banking transactions can b~ handled from the drive-thru lanes and documents stacking information obtained from other Parkway Bank sites. Ms. Connolly said that the Petitioner is required to submit a lighting plan for parking lot lighting as part of the Building Permit process. She said that the Petitioner has not requested relief from the lighting regulations and will be required to comply with the Village's regulations. The Petitioner's landscape pIan details the proposed plant materials and sizes. In response to Staffs initial comments, the Petitioner revised the plan to include additional year-round plant materials along the perimeter of the Subject Property. The Village's Traffic Engineer reviewed the proposed project and found that a bank with two drive-thru lanes would not generate more traffic or vehicle trips than the former gas station. The Traffic Engineer agreed with the Petitioner's decision to close two of the four existing driveways because the design would allow for safer access to/from the site and concurs that the right-in/right-out for the Elmhurst Road driveway would be a safer design than the full access proposed by the Petitioner. The existing building meets the current setback regulations and the proposed landscape areas exceed the minimum ten-foot setback required by the Zoning Ordinance. However, the Petitioner proposes a total of six stacking spaces and needs relief from zoning regulations for this number of stacking spaces. In order to approve the proposed amount of stacking spaces, the request has to meet the standards for a variation listed in the Zoning Ordinance. Ms. Connolly summarized the standards and said that the Village has approved other drive-thru projects that included less than the required number of stacking spaces when the Petitioner demonstrated that the proposed site plan could accommodate the traffic volume. In this case, the Petitioner submitted operational information that demonstrates how a total of six stacking spaces would meet the needs of the proposed bank facility. In addition, the location of the building and access to the Subject Property limit the Petitioner's ability to physically provide the other four stacking spaces required by the Zoning Ordinance. The site includes eighteen parking spaces, which is nine more than the code requires. The additional parking spaces may be used to offset the stacking deficiencies if necessary. Therefore, the proposed number of stacking spaces would not adversely impact other properties, the neighborhood character, or the public welfare. The size of the Subject Property and the location of the building make it somewhat challenging to develop a drive-thru bank that would meet all zoning regulations. In order to approve the Petitioner's request for the drive-thru lanes, the request has to meet the standards for a Conditional Use listed in the Zoning Ordinance. Ms. Connolly summarized the standards. She said that the proposed bank has been designed to meet current building material regulations and the overall site development will meet all Building, Fire, and Development Code requirements. Access to the site, the drive-thru lanes, and new parking spaces have been designed according to Village regulations. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-04-04 Page 3 Therefore, the Petitioner's request to construct a drive-thru bank meets the standards for a Conditional Use. The bank will not have a detrimental impact on the adjacent retail center and the manner in which the parking lot will be reconfigured will not impair the use or value of the adjacent properties. The use, a bank, complies with the Comprehensive Plan and will be constructed according to Village Codes. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the Petitioner's requests for the Conditional Use and Variation to operate a bank with two drive-thru lanes and six stacking spaces subject to the following conditions: 1. Develop the building in accordance with the elevations prepared by Elias G. Pappageorge Architects Staff Date Stamped February 19,2004. 2. Develop the site in accordance with the plans prepared by The Balsamo/Olson Engineering Company, but revised to reflect IDOT'S requirements for access to/from the site. 3. Develop the site in accordance with the landscape plan prepared by Jack Gabriel Di Clementi, Inc., revision date February 10, 2004 with minor modifications to accommodate a monument sign at the southeast comer of the Subject Property. 4. Submit a photometric (lighting) plan that indicates the site will comply with Village Code requirements. 5. The development shall meet all Development, Fire, Building, and other Village Codes and regulations, which include but is not limited to installing automatic sprinklers and fire alarm, and signage that meet the Village Sign Code regulations. 6. Approval of appropriate permits by LD.O.T. and M.W.R.D., CCHD. The Village Board's decision is final for this case The Commissioners ascertained that the Harris Bank Case had requested and been granted four drive-thru lanes and twenty stacking spaces. Ms. Juracek swore in all speakers at once and Patrick Brankin, attorney with Schain, Burney, Ross & Citron, 222 N. LaSalle St., Suite #1910, Chicago, was sworn in and spoke. He made one correction, saying mOT had informed him that the Elmhurst Rd. would be a right-turn-in only. Therefore, the only exit will be onto Dempster. He presented additional photos of the site. Ralph Smith, Project Manager & Consultant for Parkway Bank for 34 yes. came forward and testified that gas tanks had been completely removed from the property. He described the services that would be provided by the bank. He said most transactions were commercial and conducted inside the b(ink. He identified photos of their Park Ridge facility that were then presented to the P&Z. He explained that stacking of cars had dropped off significantly in recent years b~catlse of direct deposit and online banking. Jiun-Guang Lin, 1627 Allison Court, Arlington Heights, addressed the P&Z. Mr. Brankin showed him a document and asked if it was his curriculum vitae and Mr. Lin agreed it was. Mr. Brankin asked that Mr. Lin's curriculum vitae be made a part of the record for this case. Mr. Lin said he is the Engineer for this plan and went to the easel to explain the engineering plans extensively. Mr. Brankin asked if Mr. Lin had worked with the Village Engineer on designing those plans and Mr. Lin said he had. Mr. Brankin asked if the utilities provided were adequate for the site and Mr. Lin said they were. Mr. Brankin asked Mr. Un if, in his opinion, granting this Variation or Conditional Use would have a detrimental impact on the public health, safety, morals, comfort or general welfare or be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties. Mr. Un said no. Luay Aboona, Traffic Engineer, KOLA, addressed the P&Z next. Mr. Brankin showed him a document and asked if it was his curriculum vitae and Mr. Aboona that agreed it was. Mr. Brankin asked that Mr. Un's curriculum vitae be made a part of the record for this case. Mr. Aboona pointed out that this project would be an Planning & Zoning Commission Arlene Juracek, Chairperson PZ-04-04 Page 4 improvement over the former use since there would be less curb cuts .and less traffic m()vement He described anticipated traffic patterns for the site as compared to the previous use as a gas station, which would generate four to five times as many trip generations. Mr. Brankin distributed a memo prepared by Mr. Aboona that summarized his testimony. Mr. Brankin asked Mr. Aboona if, in his opinion, granting this Variation or Conditional Use would have a detrimental impact on the public health, safety, morals, comfort or general welfare or be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties. Mr. Aboona said it would not. Mr. Youngquist asked Mr. Aboona if he had considered a left turn-in from Dempster. He said he had not, and that the modification would be a consideration for the land planner. He said that he thought it would be a good idea to investigate further. Ms. Juracek asked Mr. Youngquist to elaborate on that idea, which he did. Mr. Brankin said he discussed the request during Mr. Youngquist's explanation with Mr. Smith, who agreed to look into the design. It was noted that the Cook County Highway Department would have to approve the design. Jack DiClementi, the Project Landscape Architect, 2509 Lake Avenue, came forward and reviewed the proposed landscape plan. He said the plant choices were fully seasonal and included shade trees, ornamental trees and shrubs, planting areas, perennial ground cover, turf foreground, green parkway and an irrigated site. The plan calls for numerous boxwoods, and 11 red maples and honey locusts to complement the brick palette. Mr. Brankin asked Mr. DiClementi if he had worked cl()sely with staff on the landscape plan; he responded yes. Mr. Brankin asked Mr. DiClementi if he thought the landscape plan would enhance the general site area rather than detract from the area; he responded yes. James Gibbons, Gibbons & Gibbons Real Estate & Appraisal Co., 401 LaSalle St., Suite 1502, Chicago, came forward and testified. Mr. Brankin showed him a document and asked if it was his curriculum vitae and Mr. Gibbons agreed it was. Mr. Brankin asked that Mr. Gibbon's curriculum vitae be made a part of the record for this case. Mr. Brankin asked Mr. Gibbons what process did he use for his analysis of the site and its impacts on the surrounding properties. Mr. Gibbons said he reviewed the plans and visited the site and the surrounding areas, did an analysis of the OaktonINorthwest Highway site and the Multiple Listing Sales pattern of sales and explained how they related to the current proposal. He said he took photos of the subject property and the surrounding properties; he distributed copies of the photos to the P&Z. Mr. Brankin said he wanted the photos to be made part of the record. Mr. Gibbons described the subject property as being on the northwest comer of Dempster andElmhurstRoad, by the Kohl's, Hobby Lobby, and Enterprise; on the southwest comer, across the street from a Citgo Gas Station/Car Wash/Strip Shopping Center and across from a Jewel/Osco. On the Northeast comer there is a Cleaners and a Jiffy Lube sharing one driveway. He said that this is a commercial area and that the project would not have an adverse impact on the adjacent properties. The site was a former gas station and was an eyesore; the new proposal can only enhance the area. Mr.Brankin asked Mr. Gibbons, from an appraisal standpoint, was it his opinion granting this Variation .and Conditional Use would have a positive effect on the area. Mr. Gibbons said it would. Mr. Rogers asked if he appraised the finished product; Mr. Gibbons said he had not. Kenneth Rathje, Rathje Planning Services, 412 Chicago Avenue, Downers Grove, came forward. Mr. Brankin showed him a document and asked if it was his curriculum vitae and Mr. Gibbons agreed it was. Mr. Brankin asked that Mr. Gibbon's curriculum vitae be made a part of the record for this case. Mr. Brankin asked Mr. Rathje to describe his actions in preparation for this proposa1.Mr. Rathje said he took an aerial photo of the property, which he described in detail. Mr. Brankin asked Mr. Rathje if he had, in his further analysis, applied all the conditions for a Conditional Use and Variation. Mr. Rathje said he has gone through the Code and identified item by item how each item was satisfied. He then described each item required for Variation .and how it met Code. Mr. Brankin proceeded to question Mr. Rathje regarding each item required for a Conditional Use, but Ms. Juracek told him that was not necessary, that the P&Z had questions for the architect. Mr. Brankin acquiesced and requested that the longer version of the testimony be made part ofthe record. Elias Papageorge, Architect, 188 N. Wells St., Chicago, addressed the Commission. He said that anything Planning & Zoning Commission Arlene Juracek, Chairperson PZ-04-04 Page 5 would be an improvement over the present site and described the proposed building. He said the project would comply with all Village codes and regulations. Richard Rogers asked if all existing masonry would be removed and whether it be all face brick. Me. Papageorge said yes, that it would essentially be a brand new building. Ms. Juracek complimented Mr. Brankin on conducting a very thorough case for his client. She asked if any audience members had any comments and, being none, closed the hearing at 8:55. The Commission discussed the case in detail. Ms. Juracek said the Commission seemed to be in agreement on the case with the addition of two lanes out and one lane in on Dempster Street and a refuse enclosure built of the same brick as the building, not of concrete block. Joe Donnelly made a motion to recommend that the Village Board approve the Conditional Use to construct a drive-thru bank subject to the conditions listed in the Staff memo and: 1. Construct the refuse enclose with the same brick material proposed for the exterior of the building. 2. Subject to CCHD approval, modify the Dempster Street driveway to create a dedicated left-turn lane exiting the site, a right-turn lane exiting the site, and a full access lane entering into the site. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Rogers, Youngquist and Juracek NAYS: Motion was approved 4-0. Richard Rogers made a motion to recommend that the Village Board approve the Variation for the number of proposed stacking spaces for the drive-thru lanes. Joe Donnelly seconded the motion. UPON ROLL CALL: AYES: Donnelly, Rogers, Youngquist and Juracek NAYS: Motion was approved 4-0. At 9:30 p.m., Joseph Donnelly made motion to adjourn, seconded by Richard Rogers. approved by a voice vote and the meeting was adjourned. The motion was H:IPLAN\Planning & Zoning COMM\P&Z 2004\MinutesIPZ-04-04 1590 S Elmlturst Rd Parkway Bankdoc Village of lVlount Prospect C'ommunity Development Department CAS E S L M ~I A R Y - P Z- 0 -t - 0 -t LOCA TIOi\": PETITIONER: OW~ER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQCEST: 1590 S. Elmhurst Road Parbvay Bank Ralph Smith, Executive 08-14-403-024-0000 .6 acres (26,517 sq. ft.) B4 Corridor Commercial Vacant Lot (former gas station) Conditional Use LOCATION )-IAP 1~~11 RèC-P!èX \Iount Pro pect P;trk Dist let :; 151)'; I 'Lj Dempster Street 1~1)11 E3 ~ ~ - - I ~ ~ 11 ;..;: - ..... ~ C ,.., - ..... rIJ ... = -= ...- < , x ~ ..... = - - :.::: ~ Village of Mount .Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: FEBRUARY 19,2004 HEARING DATE: FEBRUARY 26, 2004 SUBJECT: PZ-04-04 - CONDITIONAL USE & VARIATION 1590 S. ELMHURST ROAD BACKGROUND A public hearing has been scheduled for the February 26, 2004 Planning & Zoning Commission meeting to review the application by Parkway Bank (the "Petitioner") regarding the property located at 1590 S. Elmhurst Road (the "Subject Property"). The Petitioner has requested the following approvals: 1) Conditional Use to construct a drive-thru bank; and 2) a Variation for the number of proposed stacking spaces for the drive-thru lanes. The P&Z hearing was properly noticed in the February 11, 2004 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the northwest comer of Dempster Street and Elmhurst Road. The site, formerly an AMOCO Gas Station, contains an existing one-story building with related improvements. The Subject Property is bordered by the B4* Corridor Commercial Planned Unit Development district to the north and west and a variety of commercial uses located within Des Plaines to the east and south. SUMMARY OF PROPOSAL The attached materials outline the Petitioner's proposed bank facility in detail. The various elements of the proposal are outlined below: Building Design - The Petitioner proposes to reuse the existing building, but remodel it to accommodate the proposed banking operation. In addition, two drive-thru lanes will be constructed along the west elevation of the building. The Petitioner proposes to improve the building's exterior façade by removing the existing materials and installing a new brick and stone façade. The roofline will remain the same (flat), but decorative designs will be incorporated throughout the signable area of the building. Site Lavout - The Subject Property is a separate lot of record from the adjacent retail center. The t\VO sites operate independently of each other and do not have any means for vehicles to travel from one site to the other. The Petitioner proposes to close two existing curb cuts (the southern most driveway on Rt. 83/Elmhurst Road and the eastern most driveway on Dempster Street). The Petitioner is aware that an Illinois Department of PZ-04-04 Planning & Zoning Commission Meeting February 26, 2004 Page 3 Transportation (IDOT) application. permit is required to make these modifications and has started the IDOT process. The driveway closings will improve traffic flow to/from the site and within the bank's parking lot. Parking - The attached site plan depicts the proposed parking lot layout for the bank. The site plan indicates six (6) stacking spaces will be provided for both drive-thru lanes, which is less than the minimum number required per zoning regulations. However, the site includes 50% more th<.\n th~ nl1mb~r of required parking spaces. The Petitioner has provided information on the banking operation to explain why two drive-thru lanes will meet the site's proposed operational needs when most other banks have three or more drive-thru lanes. In addition, the attached information identifies which banking transactions can be handled from the drive-thru lanes and documents stacking information obtained from other Parkway Bank sites. The following chart summarizes parking requirements and shows that the site will exceed the Village's parking regulations. Parking Breakdown Number of Spaces Required Parking 9 Proposed Parking 18 (includes 2 hie) Required Stacking 10 Proposed Stacking 6 Lighting Plan - The Petitioner is required to submit a lighting plan for parking lot lighting as part of the Building Permit process. Please note that the Petitioner hasl'lot requested relief from the lighting regulations and will be required to comply with the Village's regulations. Landscaping - The attached landscape plan details the proposed plant materials and sizes. In response to Staffs initial comments, the PetitiQner revised the plan and increased the size of the landscape areas. Also, the plan was revised to include additional year-round plant materials along the perimeter of the Subject Property. Traffic - The Petitioner is in the process of completing a Traffic Study. The Village's Traffic Engineer revie\ved the proposed project and found that a bank with two drive-thru lanes would not generate more traffic/trips than the former gas station.. The Traffic Engineer agreed with the Petitioner's decision to close two of the four existing driveways because the design would allow for safer access to/from the site. GENERAL ZONING COMPLIANCE The existing building meets the current setback regulations and the proposed landscape areas exceed the minimum 10-foot setback required by the Zoning Ordinance. As previously noted, the Zoning Ordinance requires a total of ten (10) stacking spaces for the two drive-thru l<.\nes. However, the Petitioner proposes a total of six (6) stacking spaces and needs relief from zoning regulations for this number of stacking spaces. VARIATION 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: PZ-04-04 Planning & Zoning Commission Meeting February 26, 2004 Page 4 . 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 existing building and proposed drive-thrustructure complies with zoning regulations. However, the number of stacking spaces proposed is four (4) stacking spaces less than Village Code requires. Previously, the Village approved other projects that included less than the required number of stacking spaces when a Petitioner demonstrated that the proposed site plan could accommodate the traffic volume. In this case, the Petitioner submitted operational information that demonstrates how a total of six (6) stacking spaces would meet the needs of the proposed bank facility. In addition, the location of the building and access to the Subject Property limit the Petitioner's ability to physically provide the other four (4) stacking spaces required by the Zoning Ordinance. The site includes 18 parking spaces, which is nine (9) more than the code requires. The additional parking spaces may be used to offset the stacking deficiencies if necessary. Therefore, the number of stacking spaces would not adversely impact other properties, the neighborhood character, or the public welfare. The size of the Subject Property and the location of the building make it somewhat challenging to develop a drive-thru bank that would meet all zoning regulations. 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 detrimenta.l 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 Petitioner's request to construct a drive-thru bank requires Conditional Use approval for the drive-thru lanes. The proposed bank has been designed to meet current building material regulations and the overall site development will meet all Building, Fire, and Development Code requirements. Access to the site, the drive-thru lanes, and new parking spaces have been designed according to Village regulations. The petitioner's request to construct a drive-thru bank meets the standards for a Conditional Use. The bank \vill not have a detrimental impact on the adjacent retail center and the manner in which the parking lot will be reconfigured will not impair the use or value of the adjacent properties. The use (a bank) complies \vith the Comprehensive Plan and will be constructed according to Village Codes. PZ-04-04 Planning & Zoning Commission Meeting February Page 5 RECOMME~ì>A TION Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the petitioner's requests for a Conditional Use andVariation to operate a bank with two drive-thru lanes and six (6) stacking spaces subject to the following conditions: 1. Develop the building in accordance with the elevations prepared by Elias G. Pappageorge Architects Staff Date Stamped February 19,2004. 2. Develop the site in accordance with the plans prepared by The Balsamo/Olson Engineering Company revision date February 10,2004. 3. Develop the site in accordance with the landscape plan prepared by Jack Gabriel Di Clementi, Inc., revis:jn date February 10,2004. 4. Submit a photometric (lighting) plan that indicates the site will comply with Village Code requirements. 5. The development shall meet all Development, Fire, Building, and other Village Codes and regulations, which include but is not limited to installing automatic sprinklers and fire alarm, and signage that meet the Village Sign Code regulations. 6. Approval of appropriate permits by I.D.O.T. and M.W.R.D. The Village Board's decision is finalfor this case. I concur: tl f .~ .,\,1\ .' 1 IJ v\l....... Ijc WPLAN'Plamong & Zonuig COMM,P&Z 2004\S,.ITMcmo\PZ-í»-Oa ME~'O (1590 S Elmhurst - condioona, use parkv,"y bank).doc '-ILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT -Planning Division 100 S. Emerson Street Mount Prospect. Illinois 60056 Phone 847.8] 8.5328 FAX 847.8] 8.5329 z 0 - <~ ¿;-;: ~~ ¡.., ,:: z:= -0 X--- ¡,¡,,; Q Z z 0 .... < ¿; 0::: 0 ¡.., Z - ¡,¡,,; ¡... - rFJ ç;¡ Z - í- rFJ X ¡,¡,¡ il i z ~ '-' Ii :i Ii , :1 ii .I ,I II i -< :E N :=' ..., ¡.., - Z .~ Q " Z C:- ..,< .-. , -- :::::: '" ;: il Ii -- ~ U < :.: A licatîon for Conditional Use A Cast: Number P&Z [kvdopmt:nt Name! Address Date of'Subl11ission I karing Datt: Acldrt:ss(es) (Strœt Number. Street) 1590 South Elmhurst Road Property Zoning B-4 Site Area (Acres) Apnroximately .5 26,517 square feet Setbacks: Front 75'-54" Building ¡-!eight story ^djacent Land Uses: North Rear 43'-2" Lot Coverage (%) Approximately 10.94% South Commercial Commercial Tax !.D. Number or County Assigned Pin Number(s) 0~-14-403-024-0000 Legal J)escrirtiol1 (attach additional sheets if necessary) Please see attached. Name I.¡¡[)h Smith. Exccuti\e Vice President ( 'orroratiol1 I'arkwa\ Bank and Tnls! Com[)all\ Street Address -HmO;\. Ilarlcm A\cl1l1e City llar\\ood 1 !eights . . Slale II. Zir Codc 6065ó Interest i 11 Prurert: Tel1ant roval Total Building Sq. Ft. (Site) Approximately 2,901 Side North Side 25'-02" Number of Parking Spaces 17 East Commercial 'l't:kphont: (day) 70X-86 7 -2590 Tekphont: (evening) Fa.\ 708-867-111<) Pager Side Soutb Side 67'-4" - West Commercial . 1 I I :1 Ii :1 " ,I :1 11 :1 'I , , , " z '" "" ~ :;; .' ::::: .. ¡ ~ ~ žO - ..... :: t: z ~ , ;;;, õ ~9~ ¡ :? ' [;.G 'i ~ j:Q ~ I II I l' 'I. .'.' z ~.".'O , I ~ ~ I :;; ::: II .,,::;; I :::: (' Ii ::'~ Ii z ~¡: II -- 'I :: - II z g i I :: ~ II ;:: '" II . ~ II ~ ~ " " := II II " ¡I Ii ,t :1 ,I j Name I Rick Heidner ,rCorporation N/A ""..', ,..". ," :",:",.."...i,"':" ,., . - ." " , .. Telephone (day) 708-878-9400 Telephone (evening) Fax: Pager Telephone (day) Fax Telephone (day) Fax Telephone (day) Fax Telephone (day) Fax I Telephone (day) Fax I I I I Telephone (day) ! Fax . ! I Street Address 399 Wall Street, Suite H I City Glendale Heights State IL Zip Code 60159 312-337-0200 312-337-4514 630- 775-9800 630- 775-9803 ~ ¡ ¡ 630- 725-9800 630-775-9803 î , , , ! , , i i i Developer Name Same as applicant Address Attorney Name Patrick T Brankin, Schain Burnev Ross & Citron, Ltd, Address 222 N, LaSalle, 1910 Chicago. IL 6060 I 312-750-1333 312-750-1335 312-750-1333 312-750-1335 . 1 Surveyor l Name Balsamo/Olson Engineering Company j Address 4906 Main Street j Lisle. IL 60532 Engineer Name Balsamo/Olson Engineering Company Address 4906 Main Street Lisle, IL 60532 Architect Name Elias G. Pappageorge Address 188 N. Wells Street. Suite 300 - Chicago, IL 60602 ,- , Landscape Architect Name Elias G. PapfJageorge I Address 188 N, Wells Street. Suite 300 Chicago, [L 60602 \1",:111 :'n,,;pêct Dêpartmênt O!'COllllllllnit: Dê\êh'pllll:nt :1)(1 "';,,::[11 Flllêr,on SlrœL \Iollnt I'ro,Pêct 11linol, ',\ \\ '.\ .11', 1t1lllprospl:cLorg 2 Phonl: ~-.l7.XIX.532X F~I.\ X-.I:.XIX532') 'I'D!) X-.l7392.(,()(,-.I Proposed Conditional Use (as listedin the zoning district) For two (2) drive LIP lanes on west elevation as part of permitted bank. Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for conditional Usc Approval (attaeh additional sheets if necessary) Sec attachcd. I I I Q ¡,..¡ F- (,¡.\JJ ,...,~ ¥;::;; >-0 ¡;¡::~ <"" ::;- ::;~ ;::;;0 (fJF- U < . I I ¡ ! I I ¡ Sq. Ft. Devotcd to Proposed Use I Approximate 2,90 r sq uare feel " . . '.. ,.'. I lours of Operation -. Mondav - Friday 7:00 am to 7:00 pm Saturday 7:00 am to 3:00 pm ATM 24 hoLirs a day 7 days a week Sunday - Closcd ¡,..¡z F-O \JJF- Q< ¡,..¡::; (fJ,.., C- Q..O ¡;¡::(,¡. Q..Z Address(es) (Street Number, Street) \590 South Elmhurst Road Site Area (Acres) 26.5 \7 square feet Setbacks: Front 66'-400 . .. . ., . . ." Property Zoning 8-4 Total Building Sq. Ft. (Site) Approximate 2,901 square feet Rear 30'-\00 from aisle 43'-2" from building Side 25'-]00 Side 67' -400 ! I I [ i . Building I !eight I story Lot Coverage (%) ]0.94% Number of Parking Spaces ]7 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted, It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time 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. herein and in all materials submitted in association with this application are true and I accurate to t Applicant Date ¡/I,YC'y ft<l-f'ic.j: '¡. l5fw1.Á"-' - If applicant is not property o.,vner: \ ".,'H'- t ~""/~;1/'(u.,t I hereby designate the applicant to act as may associated supporting material. ///5k 7' I I agent for the purpose of~ Va .iatÎ~n(sN. \esct~be .~Iica,tion ane! tile ~' TIJ '\ --- -l.. . /' ) ^ I".". /\_,/ . \ ' " , OOlêC ,~.', >- Property Owner \ loun! Pw:;peet I Jcpartillent or Community Dc\clopillent lOll South 1.:lllersoll Street. Ñloun! I'rospect Illinois \\\\.\\ .m(Hlllt prospect .org :; Phone g-+7.gl¡U:;2~ F;¡:\ ~-+7.glg.5:;29 Tf)[) ~-+7Jl):2J)()()-+ ATTACHMENT Parkway Bank's application should be approved as the conditional use proposed meets the seven standards listed in Section 14.203.F.8 of the Zoning Code. The proposal meets those standards by improving an otherwise unused gas station, both aesthetically and practically for the Village. The establishment of a bank with drive-thru facility, will create an attractive amenity for this corner. The landscaping that will be provided will substantially beautify and enhance this site and the surrounding area. The landscaping will also serve to green up this corridor. In addition, the bank is a permitted use and the establishment of a drive-thru with this bank will not cause any detriment to the public health, safety and welfare. In addition, as this use is consistent with the planning goals of the Village there will be no adverse impact on surrounding property values, nor will the conditional use impede the normal and orderly development of the surrounding property. As this is located on main streets, there are adequate road systems that have been provided and ingress and egress will be properly designed. Moreover, the proposal is consistent with the Comprehensive Plan. Accordingly, the proposed conditional use meets and, further testimony will support the following standards: 1. 2. That the establishment maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for the uses permitted in the district; 4. That adequate public utilities, access roads, drainage and/ or necessary facilities have been or will be provided; 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 6. That the proposed conditional use is not corÜrary to the objectives of the current Comprehensive Plan for the Vìllage; and 7. That the conditional use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified pursuant to the recommendations of the Planning and Zoning Commission. ptb / parkway bank/MtProspect-App-Attachment 01/14/2004 12:18 18478231029 PAGE 02/02 ~ KENIG, liNDGREN, O'HARA, ABOONA, INC. [g 9575 W. Higgins Road. Suite 400 Rosemont, Illinois 60018 (847) 518-9990 . Fax (847) 518-9987 email: kloa<lD.kloainc.com January 14, 2004 Mr. PatBrankin Schain, Burney, Ross & Citron, Ltd. 222 North LaSalle Street, Suite 1910 Chicago, Illinois 60601 Re: Parkway Bank Mt. Prospect, Illinois Dear Pat: As requested, Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) is in the process of preparing a traffic study regarding the proposed Parkway Bank drive-through facility to be ]ocated in the northwest corner of the intersection of Elmhurst Road and Dempster Street in Mt. Prospect,TIlinois. The study being conducted inc1udes data collection, trip generation and assignment, analyses, access evaluation, and report preparation. We have completed the traffic counts at the intersection of Elmhurst Road and Dempster Street and are currently in discussion with nIin.ois Department of Transportation (IDOT) officials who have jurisdiction over Elmhurst Road regarding direct access. Two access alternatives are being explored calling for either right in/right out or right in only. Once preliminary approval from IDOT is received, we will finalize the traffic study ~d submit it to the Village for review. Should you have any questions or require additional infonnation, please let me know. LRA\ps Brankirt ParkwllY Bonk in Mt Pro1lpCèUllnUary 1420041ra KLOA, Inc.. Transportation and Parking Planning Consultants r' I I I L_- I I 1 I r--- I I L..J " I I I L_-- I I I I r--- I 1 L..J ~ '" \!'. "'\ r- , : I I L_-- I I I I I r--- L~ I' I I I L_- I - I I - . I i - - - - -- L..J ~ '\ ~ \ ,~ I L--- I I I I - I r-- I I L-, \.'\ r... " c:::, ....... -R r, ì ~--- I I I I - - -- I r-- I I L-, " I I I L_- I I I I r--- I I L--! ~ ~ ,. ~ " I I I ~- -- I I I I r - -- I I 1_--, ~ :t HL<ì "'.'.."'.. 'N ,"<¡, . ..'...o;'~C ':0:,/':.,.. .....>'...."...':~"'~::;Þ\:, W'" .';':.> " ..:.. ... . . ... . :;.:.- J,'" ':, " ',,',\':;:' ~':;" ",';., ' ..:,'" ."",~,>':"" , ,:~":':; ":;, ,',;,:, :~{ '", ',~ >,:;~~~, :, " . , " ,,"~' , ',,: "', ,:,,>',: ::.:: " ;':", , : :,:, '."':~"""':" , " ", "':"':"~:""":""';"::--:';-':<'-"':""": "'."":",::, "" ','-,:'::', ':','" :',' ,':' ,",', ";: '-.; ""':'-":"""""'::"=-:"::'>i:""':" '~":C";::"':','"" "':,.',',',,'- ,:',., ..' 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"',',,';"',"':, ';"'0' ..," ',0 ~o" *;~\~ , 'i::j~:~~ .. ,'-'-, , ,F 0.;' '-"'- ~ vJ ,'~"'jÖ; N vJ+~ s .' .V4.C.,......-""/.."" , "- Property Area: Aflowable Release = Parkway Bank, Mount Prospect, IL 26517 sf = 0.20cfs/acre X 0.609 acre= 0.122 cfs 1 OOyear -24 Hour Rainfall Depth= 7.58 in Storm Period (Hrs) Ratio, x-hr/24~hr IntensiMin/hr) 0.08 0.12 11.37 0.17 0.21 9.36 0.25 0.27 8.19 0.5 0.37 5.61 1 0.47 3,56 2 0.58 2.20 3 0.64 1.62 6 0.75 0.95 12 0.87 0.55 18 0.94 . 0.40 24 1 0.32 Impervious Area: 19872 sf Pervious Area: 6645 sf Composite runoff Coefficient: Impervious Runoff Coefficient: Pervious Runoff Coefficient: 0.84 Proposed Restrictor Design Use Criñce Equation to size proposed restrictor: ¡ I r I. t \ } /D6/-~OO .èOrifice Release Cd 0.6 100 Yr ReI. Max. 0.122 cfs Orifice Diameter: 0 Area of Orifice: D^2XTT/4 Invert of Orífice 652.00 Center of Orifice= 652+0/2 Head = Stage less Center of Orifice Orifice Discharge = Cd x (2xgxH)^o.sxArea 0 (in) 1.0 1.2 1.4 1.6 Orifice Discharge(cfs) 0.060 0.087 0.122 0.154 Orifice Diameter. 1.5in < 2in (Village Minimum) Use Peak Discharge: 2.00 0.240 inch Diameter Orifice Page10f3 01/08/04 0.95 0.5 Balsamo/Olson Engineering Company ~/ Parkway Bank, Mount Prospect, IL 01/08/04 Storage Requiredéalculation (Based on 2" Orifice) Allowable 100-Yr Duration (HrsJ Release(cfs) Intensitv(jn/hr) Inflow Rate(cfs) Stored Rate(cfs) Storaqe Volume (Ac-Ft) 0.08 0.24 11.37 5.83 5.59 0.04 . 0.17 0.24 9.36 4.80 4.56 0.06 . 0.25 0.24 8.19 4.19 3.95 0.08 0.5 . 0.24 5.61 2.87 2.63 0.11 1 0.24 3.56 1.83 1.59 0.13 2 0.24 2.20 1.13 0.89 0.15 3 0.24 1.62 0.83 0.59 0.15 6 0.24 0.95 0049 0.25 0.12 12 0.24 0.55 0.28 0.04 0.04 18 0.24 0040 0.20 -0.04 -0.06 24 0.24 0.32 0.16 -0.08 -0.16 Required Storage Volume: 0.15 (Ac-Ft) Storage RequiredCalculation (Based on 0.20 cfs/acre of Allowable Discharge) FOR INFORMATION ONLY Allowable 100-Yr Duration (Hrs.) Release(cfs) IntensiMin/hr\ Inflow Rate(cfs) Stored Rate(cfs) Storaqe Volume (Ac-Ft) 0.08 0.122 11.37 5.83 5.70 0.04 0.17 0.122 9.36 4.80 4.68 0.07 0.25 0.122 8.19 4.19 4.07 0.08 0.5 0.122 5.61 2.87 2.75 0.11 1 0.122 3.56 1.83 1.70 0.14 2 0.122 2.20 1.13 1.00 0.17 3 0.122 1.62 0.83 0.71 0.18 6 0.122 0.95 0049 0.36 0.18 12 0.122 0.55 0.28 0.16 0.16 18 0.122 0040 0.20 0.08 0.12 24 0.122 0.32 0.16 0.04 0.08 RequIred Storage Volume: 0.18 (Ac-Ft) /o6j-.;;J.OO Page2of3 Balsamo/Olson Engineering Company Parkway Bank, Mount Prospect, IL 01/08/04 Surface Volume Calculation Staae Area (sf) Volume (cf) Accum. Vol (cf) Accum. Vol. (acre-ft) 656.3 0 656.4 147 4.90 4.90 0.00 656.5 584 36.55 41.45 0.00 656.6 1302 94.30 135.75 0.00 656.7 2356 182.90 318.65 0.01 656.8 3838 309.70 628.35 0.01 656.9 5570 470.40 1098.75 0.03 - 657 6533 605.15 1703.90 0.04 657.1 7648 . 709.05 2412.95 0.06 657.2 8913 828.05 3241.00 0.07 657.3 10399 965.60 4206.60 0.10 Underground Volume Calculation 36" RCP @ doc' +83'+95')= 0.05 acre-ft Total Storage Provided: 0.10+0.05= 0.15 acre-ft Total Storage Required: 0.15 acre-ft OK ( Page30f3 Balsamo/OlsonEngineering Company f 0 6C:¿- àoo RALPH R. SMITH Executive Vice President & Cashier P- PARKWAY BANK & TRUST CO 4800 N Harlem Ave HarNood Heights, IL 60656 I (708) 867-6600 I Fax# (708) 867-1119 lVIt. Prospect Facility 1590 S. Elmhurst Road Banking Products & Services Parkway Bank Facilities all offer full commercial and retail banking services to our customers. Our drive up lanes are typically limited to handling the following services; . . . . . Commercial & Personal Checking deposits and check cashing Commercial & Personal Money Market deposits and withdrawals Commercial and personal loan payments Personal Savings deposits and withdrawals Night Depository Deposits (Usually deposited by the customer after the bank is closed in our outside depository in lane # 1) Sale of Money Orders and Cashiers Checks in small quantities. . All other banking services require the customer to come into our bank lobby. These services include the following; . . . . . . . Loan applications and closings Certificate of Deposit transactions 'Vire Transfer Transactions Opening and Closing of Accounts Account Reconciliation and photo copy requests Purchase of Money Orders and Cashiers Checks in large quantities Any transaction that requires more than a fe,v minutes to complete are handled in our inside lobby only. Note: Lane two at 1590 S. Elmhurst Road will be fitted with both A T\'I and Teller Kiosk to accept drive up teller transactions and atm transacri~ns. I have attached some of our product and services brochures. By: Ral mit. Executive Vice President l\londay. ebruary 9, 200-t "T~tJu,1, LL~ ~ it ~~Jt 11 Lane Stacking Survey November 21, 2003 The lane traffic has been reduced over the past five years due to the following banking products; 01) Internet Bankin~ - This product has reduced both drive up and lobby traffic. Customers are able to transfer funds between th.eiraccounts without having to visit the bank. They can also check to seeif a check hasçleared without calling or visiting the bank. . 02) On-line bill Payin~ - Allows our custQmers to pay their bills and make loan payments without having to visit the bank. 03) EFT Services - allows our customers to direct deposit their payroll and social security checks without havillg to visit the bank. 04) A TM'S - Using an atmallows our custolIlers to ban~ att.b.eir convelliençe and at any location they desire. The above electronic services have substantially reduced drive up lane traffic in the last five years. We have reduced the number of lanes being built at new facilities from 4 or 6 lanes down to 2 or 3 lanes per location. Signed: ith, Executive Vice President ebruary 9, 2004 DRIVE UP LANE STACKING SURVEY NOVEMBER 21,2003 Branch Total Deposits # of # of Lanes Friday~ # of cars Saturday-# of cars Monday- Thursday-# Date Opened (In Millions) Accounts stacked during peak stacked during of cars stacked peak during peak Arlington Hts 21.1 689 3 1-3 1-3 1-2 0212000 Carpentersville 16.5 1,978 5 3-4 3-4 1-2 06/1992 Cumberland 216.3 13,915 6 2-4 2-4 1-2 04/1970 Deerfield 14.3 525 3 1-2 1-2 1-2 08/1999 Elk Grove 55.0 5,190 5 3-4 3-4 1-2 03/1993 Elston 24.2 2,759 5 2-3 2-3 1-2 05/1995 Glen Ellyn 2.3 146 3 1-2 1-2 1-2 0312003 Harwood Hts 396.0 17,609 6 3~4 3-4 1-2 0111964. . Jefferson Park 75.9 5,020 3 2-3 2-3 1-2 08/1997 Mt Prospect 30.9 1,597 4 2-3 2-3 1-2 05/1997 Niles 63.4 3,721 5 2-3 2-3 1-2 01/1998 Norridge 18.5 965 6 3-4 3-4 1-2 12/1981 Park Ridge N. 6.4 471 3 2-3 1-2 1-2 0112003 - Park Ridge S. 50.4 2957 4 2-3 2-3 1-2 05/1980 Schaumburg 32.3 2,439 7 2-3 2-3 1-2 05/1989 Six Comers 25.8 2,047 3 2-3 2-3 1-2 07/1997 >- . ,- Stream wood 12.3 1,256 3 2-3 1-2 1-2 02/1 999 W ooddale 12.6 832 2 2-3 1-2 1-2 1212000 Totals 1,234.0 64,116 76 . * Only use 4 lanes on Friday & Saturday. Use 3 lanes Monday-Friday ** All branches except \1ain & Cumberland (14) reported that they rarely ever exceed 10 cars in total for all lanes. One (1) location 7 lanes Seven (7) locations 3 lanes Three (3) locations 6 lanes One (1) location 2 lanes Four (4) locations 5 lanes Two (2) locations 4 lanes Two (2) future locations 2 lanes H :\projccts \glenda Ichtslanestudy j / . VWL 3/9/04 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 1590 SOUTH ELMHURST ROAD WHEREAS, Parkway Bank and Trust Company (hereinafter referred to as "Petitioner') has filed a petition for a Conditional Use permit and Variation with respect to property located at 1590 South Elmhurst Road, (hereinafter referred to as the "Subject Property") and legally described as follows: Lot one in Alexander's Addition Lot one in Alexander's Addition to Mount Prospect being a subdivision of the southeast quarter of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded ç>n January 21, 1973 as Document # 22968664, in Cook County, IL. Property Index Number: 08-14-403-024-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit for the construction of a bank with two (2) drive-thru lanes, as provided in Section 14.203.F.7 of the Village Code; and WHEREAS, the Petitioner seeks a Variation from sections of the Zoning Ordinance, as provided in Section 14:203.C.7 of the Village Code, to allow six (6) stacking spaces, four fewer than required by Village Code; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the subject of Case No. PZ-04-04 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February, 2004, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of February, 2004; and WHEREAS, the Planning and Zoning Commission has submitted its findings and a positive recommendation to the President and Board of Trustees in suppOrt of the requests being the subject of PZ-04-04; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit and Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: L Parkway Bank Page 2/3 SECTION ON E: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit to allow the construction of a drive-thru banking facility; and SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Variation to allow only six (6) stacking spaces, fewer than the minimum required by Village Code, as provided in Section 14.203.C.7 of the Code, all as shown on the Site Plan dated March 4, 2004, a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: Prior to the issuance of a building permit relative to the Conditional Use permit and Variation, the following conditions and/or written documentation shall be fulfilled: 8. 1. Develop the site in accordance with the elevations prepared by Elias G. Paggageorge Architects staff, date stamped March 10, 2004. 2. Develop the site in accordance with the plans prepared by The Balsamo/Olson Engineering Company, revision date March 8, 2004. 3. Develop the site in accordance with the landscape plan prepared by Jack Gabriel Di Clementi, Inc., revision date March 9, 2004. 4. Submit a photometric (lighting) plan that indicates the site will comply with Village Code requirements. 5. The development shall meet all Development, Fire, Building, and other Village Codes and regulations, which include but are not limited to installing automatic sprinklers and fire alarms, and signage that meet the Village Sign Code regulations. 6. Approval of appropriate permits by lOOT, MWRD, and CCHD. 7. Construct the refuse enclosure with the same brick material proposed forthe exterior of the building. Apply to CCHD for a three (3) lane driveway for the Dempster Street ingress/egress a permit to allow a dedicated left-out lane. I , Parkway Bank Page 3/3 SECTION FIVE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk H:ICLKOIfilesIWINIORDINANCIC USE,VAR-ParkwayBank, Mar,2004.doc '-1 ~ ~, ci)"~ \.. DRIVE THRU CANOPY ~- BANK BUILDING I~ DEMPSTER AVE. Ij& -~. ~- PROPERTY LINE ~I --- ~ Q « 0 a:: I- en a:: ::J ::r: ~ ....J ill .Ebw s ~ ""',",m SigllCO1'p, 307 LtN£:eLN ImNSIONVII.I.1:. IL 60'01> Pho"e, (6:'0) 766-""5'-' F..", (630) 7GG 95:>1 PROJECT'. PARKWAY BANK 1590 S. ELMHURST RD. MOUNT PROSPECT, IL CUSTOMER 0 APPROVED 0 APPROVED AS NOTED 0 ,REVISE & RESUBMIT DATE_I_I_.._. LANDLORD, 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT Thl, drawing is th~ ~xdu'¡v. prop.rty of VIn"nt SIgns. In<. and may not b~ ~~r:~:'.~~:,n a~~:::~at In pan without Vln"n' SIgns. In<. do.. NOT provld. primary "~<trlc.1 s~rvlc~ to sign '<>COtlo", MUST BE PIIOVlÞED BY OTHERS AREA OF SIGN: DRAWING NO 21658 SHEET 1 OF 1 SQ. FT. SCALE NTS SALESPERSON VJCjr DATE 03-05-04 NO, DATE D- D- D- D- D~ mrnUnnl!lI;¡~IO;11I1 DESCRIPTION 69'-6" 0 , ;¡. D fu .' IX) ..-- EAST ELEVATION 1/8"=1'-0" i 14'-5" f " PARKWAY _BANK~ Ia (1) SET OF 5" DEEP COMBINATION NEON/ACRYLIC/AlUMINUM CHANNEL LETTERS '11 BLUE FACES, 313 OK. BRONZE RETURNS 39" LOGO 17" LETTERS 10" X 42" = "24 HR. ATM" BOX ~ PROJECT: DRAWING NO 2165 S:ig'y,COl'p. PARKWAY BANK I SHEET 1590 S. ELMHURST RD SCALE 1/8"=1'.01' MOUNT PROSPECT, IL SALESPERSON VJCjr DATE 03-04-04 OF 30~ LINCoLN BENSENVILL£. II. 60'<J6 PI'".w' (630) 766 &." Fa., (&3<» 766 9521 CUSTOMER 0 APPROVED 0 APPROVEDAS.NOTED 0 REVISE & RESUBMIT DATE - __1___1___- LANDLOIID 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT BY DATE L___! ~t:= ~"J!.~ ~~ ::c~':.~'t:.~: -:::::: I<Plodu(cd in whole 01 in pe" without pllol written ,pplov.l. NO. DATE Vin«nt SI.ns. In<. does NOT PI'O"'- 16 plime... -1.ctli",1 "M'" to si.n lo",tlon. - MUST a. """",om ..,. om... 6 - 6- AREA OF SIGN: -.!lli.26 SQ. FT. 16- D GRADE DESCRIPTION 69'-6" ( D . CD , ëo ..... WEST ELEVATION 1/8";;;1'-0" . (1)SETOF 5" DEEP COMBINATION NEON/ACRYLIC/ALUMINUM CHANNEL LETTERS BLUE FACES,313 OK. BRONZE RETURNS 26" LOGO 20"LETTERS ~.nc:en' . ....-. . , $ig:nGO!'}.L PROJECT: DRAWING NO 2165 307 l.tNÜ:>LN "~"""~NVILLI:, IL 60106 !'hQ".' (630) 7." 8855 F<'.., (6;SO) 766 95:'" PARKWAY BANK I SHEET 1590 S. ELMHURST RO SCALE 1/8"=1'-0" MOUNT PROSPECT, IL SALESPERSON VJCjr DATE 03-04-04 OF i 23'.2" f g PARKWAY BANK 124 HR. ATMI G DE This dntwlllg ¡,; the exdusive p...pcl1y 01 V..""" SighS, Inc. .nd M'y not be ~~r::-'~e~n .'::~~.i.t .. p... without DESCRIPTION CUSTOMER LANDLORD. 0 APPROVED 0 APPROVED 0 APPROVED AS NOTED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT 0 REVISE & RESUBMIT BY DATE NO. DATE Vlncen' Signs. Inc. docI N<Tf p...vide I D ptlmæy electric.1 le....ice to Ilgn ".."on. - MUST BE ""aVIDED BY OTHEBS D - D- AREA OF SIGN:---8B..26 SQ. FT. I D- BY DATE____.L___'- ~ Sig-nOonl. ~D? LINColN eENSENVILLE. It 60'06 Pb"..o' (63") 766 aoss p"", (63D) ?r,6 95:>' e[ 5' ~ Co .1 CO ..... 42'.0" D SOUTH ELEVATION 1/8"=1'-00 t 14'-5" r tF\\ PARKWAY n=BANK~ A (1)SETOF 5" DEEP COMBINATION NEON/ACRYLIC/ALUMINUM CHANNEL LETTERS \II BLUE FACES, 313 OK. BRONZE RETURNS 39" LOGO 17" LETTERS 10" X 42"= "24 HR. ATM" BOX PROJECT: DRAWING NO 2165 PARKWAY BANK I SHEET OF 1590 S. ELMHURST RO SCALE 1/8"=1'.0" MOUNT PROSPECT, Il SALESPERSON VJCjr DATE 03-04-04 CUSTOMER LANDLOR. D APPROVED D APPROVED D APPROVED AS NOTED D APPROVED AS NOTED D REVISE & RESUBMIT D REVISE & RESUBMIT DATE BY DATE. D GRADE 11W. d,"wing b; tho o.dud.o o,ooony of Vincent Sign<. In<. and may not bo ,..,oduced In whole 0' In put without P"D' writton app,o.al. NO. DATE DESCRIPTION Von<oot Slg",. Inc. dDO> "'OT provide 16 prima", olearl",' ..nri<o to 'Ion ID",tiDn. - MUST BE I'IW\IU>Eb BY OTHERS 6 - 6- AREA OF SIGN: --.88..26 SQ. FT. I 6 - ~ Si¡pl\?orp. ~07 LlNc:OLN BENSeNVILLE. IL 60106 I>"one' (G30) ?Go B.55 F"'" (6~Q) 76" !>52' ( . ID I ëo ..- 42'-0" i 31'-S' í D g PARKWAY BANK'24HR,ATM' D NORTH ELEVATION 1/8"=1'-0" . (1) SET OF 5" DEEP COMBINATION NEON/ACRYLIC/ALUMINUM CHANNEL LETTERS BLUE FACES, 313 OK. BRONZE RETURNS 30" LOGO 24" LETTERS 12" X 50"= "24 HR. ATM" BOX PROJECT: :::~~~~inJ!9~'!':'C~":~'d¡;:'::'::~ «p,oducad In who'a 0' I" part without p,lo, writtan app,oval. OF CUSTDMER LANDLDRD 0 APPROVED 0 APPROVED 0 APPROVED AS NOTED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT 0 REVISE & RESUBMIT Vlncant SIgn,. Ine. doc' Ncfl p",vid. 16 prl....", ai_leal ,..vlc. to 'gn 10""0" - MUST 8£ PROVIDED BY OTHERS 6 - 6- AREA OF SIGN: -----.8.8..26 SQ. FT. I 6 - DRAWING NO 2165 PARKWAY BANK I SHEET 1590 S- ELMHURST RD SCALE 1/8"=1'-0" MOUNT PROSPECT, IL SALESrERSON VJCjr DATE 03-04-04 BY DATE- DATE____L___I- GRADE -" .. NO- DATE DESCRIPTION DRIVE THRU CANOPY SIGNS ..I..~[.J.:~II";. D >--- ~ ç= EXIT - (1) 9" X 7'-0" X 1" DEEP NON-ILLUMINATED WALL PLAQUE ~ DK. BLUE BACKGROUND, WHITE VINYL TEXT PROJECT: CUSTOMER D APPROVED D APPROVED AS NOTED D REVISE & RESUBMIT PARKWAY BANK 1590 S. ELMHURST RD. MOUNT PROSPECT, IL DRAWING NO 2165A SHEET 1 OF 1 SCALE NTS SALESPERSON VJCjr DATE 03-05-04 DATE L__--'. . . D - 124 M1'!, ATMI - ENTRANCE (2) 7" X 34" OPEN/CLOSED INT. ILLUM. WALL CABINETS (1) 8" X 36" X 5" DEEP COMBINATION CHANNEL LETTER TYPE WALL CABINET 313 OK. BRONZE CABINET, DK. BLUE TEXT LANDLORD D APPROVED 0 APPROVED AS NOTED 0 RËVISE & RESUBMIT DATE_~I- TIis d"wl"" 1< <he exdo.fve p,oper<y of VI"".... SlSh<, ,""- .hd m.y hO< be '..,"ad.""" fn whole'" Ih p.rt wkh...... p,'o, _eh '>p"""" Vfn<ent SI_. In... does NOT p>ovId.. Þ"'"o'Y <1..",,1<.01 <eM"- to olon loatloh. MUST BE PROVIDED In' omrms AREA OF SIGN: -'- SQ. FT. NO. DATE DESCRIPTION D- D- 6- 6- ~ , 307 '.1"""""-'" i REN5ENVILLE. IL 60106 , ."m..", (030) 'te0 B8S5 i .F_, fmirH 766 ,.521 4i PROJECT: PARKWAY BANK 1590 S. ELMHURST RD MOUNT PROSPECT, IL ill 0 ~ C> 0 l- e I W ~ N I 24" I (1) 24" X 24" METAL PANEL SIGN MOUNTED TO GREEN STL. U-CHANNEL POST RED/WHITE DRAWING NO 2165A SHEET 1 OF 1 SCALE NTS SALESPERSON VJCjr DATE 03-05-04 CUSTOMEIt D APPROVED D APPROVED AS NOTED D REVISE & RESUBMIT LAIiDLOItD 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT DATE '--. DATE L...L... ThIs d,.wln" Is the ",,"u<lve p'ope"Y of Vine"'" 51gns, In<. ."d may not be "",roduced '" whole or '" pa... wl<hou. prlo' wrltte" approval. NO. DATE Vlo,.n' 5lgns- Ine. does NOT p",vId. I û primary .'ect,lcal mvi<. to sign 'ocatiO". - MUST BE PIIOVIDED BY oTHERS Û - Û- AREA OF SIGN:_.- SQ. FT. I û- ~: DESCRIPTION RESERVED PARKING . ........ 48 (2) 18" X 12" METAL PANELS MOUNTED TO 2" X 2" 313 OK. BRONZE ALUM. POSTS PROJECT: PARKWAY BANK 1590 S. ELMHURST RD MOUNT PROSPECT, IL DRAWING NO 2165A SHEET 1 OF 1 SCALE NTS SALESPERSON VJCjr DATE 03-05-04 CUSTOMER 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT DATE LAIIDl.OIID 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT DATE ~_~L ThIs d,.wll'!lls <he ""duslVe þ,oþerty of Vlh(et" SIShS. Ih(. ohd tnoy hot be "",""uc"" Ih whole °' Ih þort wnhout .,"°' Wtttteh 0""""'01. Vlhceht Sign,. Ih~ d.... NoT "ovlde .ritnO", ele""',,,' mvlee to 'ISh loatloh. MUST BE PROVIDED 8Y 0"""'" AREA OF SIGN: -'- SQ. FT. NO. DATE D- D- D- D- DESCRIPTION ~ ~~t~~'f,'[LL~. IL.. 6010r; rho"'" (630) 766 8855 F"., (...~ 766 9521 PROJECT' CD I ~ b I N ~ (0 I ~ i 10'.0" t .. (1) 16" DEEP DOUBLE FACED, INTERNALLY ILLUMINATED MONUMENT DISPLAY. V OPAQUE ALUM. FACES WITH ROUTED-OUT TEXT & LOGO, BACKED WITH ACRYLIC. ALUM. POLE COVER. PARKWAY BANK 1590 S. ELMHURST RD. MOUNT PROSPECT, IL DRAWING NO 2165A CUSTOMEIt 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT BY -- DATE DATE SHEET OF LANDLORD 0 APPROVED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT SCALE 3/8"=1'-0" S^LESPERSON VJCjr DATE 03-04-04 ~I lW. d",wh>g I. .h. ..,"..<lv. p'.P""Y .f VI"".... SI!Jh'. I"". .nd m.y """ b. ,..","",.... In ""'.1. ., In þ... whh.... þ".' wñn.n ."",ov.1. NO. DATE VIn«nt Sign.. In'. d... NOT p,.vId. I D. prim.", .I."rical "M« t. "on I.cat'.n. ^- IIIIUST liE PROVIDED IIY OTIIEI/S L.:o. D.- AREA OF SIGN:_.- SQ. FT. I D. - DESCRIPTION ".ncent S ...N5 ",w' Si.gnCoí'þ, ~~~~~'t'ii'r.~. ,~ 60106 Phone, (630) 766 S8SS r-"", (,,:;m~ 7'>6 95::" i 2'.0" t Co "r' DR'~jEr~1=' (\ ',' - (~d.J,-- ,. 24 HR. ATM DRIVE:-UP ;.; ;: c' rì l . '- ; 24 HR. ATM 8 (1) DOUBLE FACED DISPLAY PARKWAY BANK DRIVE-UP -+ 24 HR. ATM PARKWAY BANK . (1) DOUBLE FACED DISPLAY DRìv:~-~p 24 HR. ATM ~ ~~FT ~ TURN (SOUlH FACE) . (1) DOUBLE FACED DISPLAY DRAWING NO 2165A PARKWAY BANK I SHEET 10E 1 1590 S. ELMHURST RD. SCALE NTS MOUNT PROSPECT, IL SALESPERSON VJCjr DATE 03-05-04 CUSTOMER LANDlORD 0 APPROVED 0 APPROVED 0 APPROVED AS NOTED 0 APPROVED AS NOTED 0 REVISE & RESUBMIT 0 REVISE & RESUBMIT 9 M Co T"' DRIVE-UP +- 24 HR. ATM (I PROJECT: DATE 1_1- DATEm _l THs d"wlng Is .h. .ydnslv. p'.P"'Y of VI"".... SIgns. ""'. and may not b. 'ep,odu,'" In wh." ., 'n pa" wllh.... pri., wrltt... a"",ova" NO. DATE Vln,".. SIgns. In'. does NoT .,.vId. I 6 .,ltn.ry eI.",I",' s.,..,;'" t. sign I.",t/.n. - MIJST ðE PROVIDED !IV 07HEllS 6 - 6- AREAOFSIGN'_.- SQ. FT. 16- DESCRIPTION CS48" 60 Ac8' Abies concolor White Fir 8' Height B&B MP6' Malus 'Prairitíre' ~,raa:\~~tCrab'\'flB GT3.5" 9 Gleditsi, triacanthos var. inennis 'Skyline' ~?:!ië~I~~~eYIBc&~ ACIO' 2 Abies eoneolor WhitcFir 10' Height B&B .... "' "' :I: '" ~ ~ '" ;;>; Cornus stolinifer. "Ca<dinal' Cardinal Red Dogwood 48" Height B&B Boxos 'chieagoland' chieagoland Boxwood 18" Height B&R 62 ii'f:~'R'i¡;,at'll~;Miss Kim' 36" Height B&B Juniperus ehinensis:Sargeant Green' r~,~girci~~;ccn ò%'ir' ~~ Ul g; íJ@ I« $ :2:° ~~ w $ EB EB ~ II Juniperus horizontalis 'Andorra. Andorra Junip" 18" Height B&B s " "' ,.., ~ .... 0 ,.., 0. 0 MPSTER STREET Juniperus horizonlali, 'Andorra' Andorra Juniper 18" Height B&B AR3.5" 11 Taxus media 'DenS!' Dense Yew 18" Hcight B&B ~ Accr rubrum 'Red Sunset' ~~~ ~~ïis;:rRedB'i'1\'le PLANT MATERIAL PALETTE KEV QTY. BOTANICAL NAME COMMON NAME SIZE REMARKS SOFTSCAPE CANOPY TREES L-C ARJ5" 11 Acer rubrum 'Red Sunset' Red Sunset Red Maple 35" Caliper B&B GT3,5" 9 Glewtsia triaeanthos var, inenni, 'Skyline' Skyline Honeyloeusl 3,5" Calip" B&B MP6' INTERMEDIATE AND ORNAMENTAL TREES L-O 2 Malus 'Prairifire' hairilire Crabapple B&B EVERGREEN TREES L-E ACS' 2 Abies eoneolur ACIO' 2 Abies coneolor ACI2' 2 Abiesconcolor EVERGREEN SHRUBS L-ES 3' O.C. JAI8" 18 Juniperus hor.i7.0ntalis 'Andorra' JSI8" 18 Junipcruschinensis 'Sargeant Green' TMI8" 17 Taxusmewa'Dcnsi' BCI8" 19 Buxns'Chicagoland' JC24" EVERGREEN SHRUBS L-ES 3' O.C. 10 Jnnipcrus chinensis 'Sea Grecn' SP24" DECIDUOUS SHRUBS L-DS3 3' O,c. 62 Syringa patnla 'Miss Kim' DECIDUOUS SHRUBS L-DS5 5' O.C. CS48" 60 Cornus stolinifera "Cardinal' ROSES L-R 3' O.c. RN48" 6 Rosa var, 'Noatraum' 6' Height White Fir WhitcFir. White Fir 8' Height 10' Height 12' Height B&B B&B B&B Andorra Juniper Sargeant Green Juniper Dense Yew Chicagoland Boxwood 18" Height 18" Height 18" Height 18" Height B&B B&B B&B B&B Sea Green Juniper 24" Height (located in planter in front ofbuilding) B&B Miss Kim Lilac 30" Height B&B Cardinal Red Dogwood 48" Height B&B Rosa Flower Carpet Pink 3 Gallon B&B EVERGREEN GROUNDCOVER L-EG 12" O.C. 400 S,F. ECQts.. 400 Eunoymu, fortnoei 'Coluratns' Pnrple lcafWintcrereepcr PERENNIALS L-P 18" O.c. 200 S.F. 1IIIGai. 44 Hemerocallis 'Happy Return,' PSGal. 44 Phlox suhulato Qts. 12" O,c. Happy Returns Daylily Crecping Phlox I Gallon I Gallon 18"O.c. 18" O.c. SHM SHREDDED HARDWOOD MULCH L-SHM 3" DEEP 0 Hardwood Cubic Yard 3" Deep SOD & FINE GRADING L-S SQUARE YARD TURF 0 Salt Tolc,"nt Sod Consisiting Of The Following Blend: . Kentncky Bluegrass . Creeping Red Fescue . "Salty" Alkai Grass Squarc Yard " ~ , § !! u ~õß " ~@.@ 9 ~¡~ H~~ ¡¡m u ~'"'" ú§ ~~ ~~ ~~ .~¡ ...... , ~~ () S ~ U~ " ~ ã .~~ ~ ~ :a 0- 0 ¡ < ,......p 8- () ~ .~ "0 1-4 § ,.0 ~ ,.., c\:!~ di ~! (,)'2 C\:!" ~.\" ~ ~ N 1 ~~~~~~~~:~ c~~~ ~. ALL RIGHTS RESERVED ~ ~ 1rJ .~ H ~ ~ g ad ,.., ~ ~ ~ ~Z~ ,....:¡ ~ 0 "'"'~z 0 M ~ ~ ~ d E-<~¡..; ~ ~ u ,....:¡~¡r.¡ "'"'~~ ¡r.¡~o ~ ~ u U ~ ~ ~ ?3 ~ ~ 0 ,....:¡ ~ ~ < ~ DATE FINAL 03.9.1)4 PRELIMINARY 02.10-04 PRELIMINARY 01.08-04 I DRAWNBV:JGD I I 2002-66 I SHEET Ll I OF I " ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, SECTION 23.604 OF 'THE MOUNT PROSPECT VILLAGE CODE IN REGARD TO CURFEW BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: Section 23.604 entitled "Curfew" of Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code is hereby amended by deleting Section 23.604 in its entirety and inserting a new Section 23.604 entitled "Curfew" to be and read as follows: "23.604 CURFEW: Notwithstanding anything contained to the contrary in this Code, the following shall apply with respect to curfew: (a) It is unlawful for a person less than seventeen (17) years of age (the "child") to be present at any public assembly or in any public building, park, sidewalk, street or highway or other public place between: 1. 11 :00 P.M. on Sunday, Monday, Tuesday, Wednesday and Thursday, and 6:00 AM. on the following day; 2. 11 :59 P.M. on Friday through 6:00 AM. on Saturday; and 3. II :59 P.M. on Saturday through 6:00 AM. on Sunday. (b) The curfew set forth in subsection (a) does not apply to a child who is: 1. accompanied by the child's parent, guardian or custodian; 2. accompanied by a person at least twenty-one (21) years of age approved by the child's parent, guardian or custodian; 3. engaged in a business or occupation which the laws of this State authorize a person less than 17 years of age to perform; 4. participating in, going to, or returning from: ¡Manage 129547 1 t 1. an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage; 11. an activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article I, Sections 3, 4, and 5 of the Constitution of the State of Illinois, or both, such as freedoms of religion and speech and the right of assembly, to include, but not be limited to: (1) a religious event, including, but not limited to, prayer and vigil services; or (2) a political event, including, but not limited to, observing or influencing a legislative session and attending a political rally or event. iii. an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults; or 5. engaged in interstate or international travel from a location outside Illinois to another location outside Illinois with the permission of a parent or legal guardian. (c) Prior to arresting or citing a child for curfew under this Section, the Police Officer must make reasonable inquiry to determine whether any of the exceptions contained in subsection (b) apply, in addition to the age and time requirements set forth in subsection (a) of this Section. A Police Officer shall issue a citation or make an arrest for curfew only if the officer has reasonable grounds to believe that the child has violated this Section and that no exceptions apply. (d) It is unlawful for any parent, legal guardian or other person to knowingly permit a person in his/her custody or control to violate this Section. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. ADOPTED this - day of follows: , 2004, pursuant to a roll call vote as AYES: NAYS: ¡Manage 129547 1 2 " ABSENT: APPROVED by me this - day of ,2004. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk Published by me in pamphlet form this - day of , 2004. Velma W. Lowe, Village Clerk ¡Manage 129547 1 3 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER WILLIAM J. COONEY, JR., DIRECTOR OF COMMUNITY DEV ~~~ ~\I~\O~ FROM: DATE: MARCH I, 2004 SUBJECT: RESOLUTION APPROVING THE OFFICIAL 2004 ZONING MAP Attached to this memorandum is a resolution that adopts the Official 2004 Zoning Map for the Village of Mount Prospect. State statutes require that the Village Board approve a map by March 3 I sl of each year to reflect changes that occurred in the previous year. Staff has completed all of the necessary modifications to the map (see attached copy of updated map) and requests that the Village Board approve the attached resolution as submitted. Please forward this memorandum to the Village Board for their review and consideration at their March 16th meeting. Staff will be present at the Board meeting to review this matter and answer any questions. William J. E WI! 3/19/04 RESOLUTION NO. A RESOLUTION ADOPTING THE 2004 OFFICIAL ZONING MAP FOR THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY. ILLINOIS WHEREAS, as mandated by the Illinois Compiled Statutes 5/11-13-19, the Corporate Authorities shall cause to be published no I ater than March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications for such municipality for the preceding year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby adopt and approve the 2004 Mount Prospect Official Zoning Map, attached hereto and presented as "Exhibit A". SECTION TWO: This resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. Gerald L. Farley Mayor ATTEST: Velma W. Lowe Village Clerk H:ICLKOlfilesIWINIRESlApprove Zoning Map,O4.doc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE l\fEMORANDUl\l FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE TO: DATE: FEBRUARY 12, 2004 SUBJECT: REVISED INVESTMENT POLICY PURPOSE: To present a revised investment policy to the Village Board including an updated list of authorized depositories and broker/dealers as listed in Exhibit A of the policy. BACKGROUND: The Village has had an approved investment policy since 1985. The policy sets forth the requirements for the investment of public funds. Included in the policy is a list of all financial institutions the Finance Department is authorized to conduct business with. The policy was last amended on April 17, 2001. Section 16.0 of the policy states that the Director of Finance/Treasurer shall review the policy on an annual basis and any modifications made thereto must be approved by the Board of Trustees. DISCUSSION: As part of the annual review of the investment policy, the list of authorized financial institutions and broker/dealers (Exhibit A) is reviewed so it reflects current, existing entities. In addition, it is also prudent to add new institutions and brokers/dealers from time to time to allow the Village more flexibility in managing its investments. Currently, the Village is authorized to conduct business with five (5) financial institutions and four (4) broker/dealers in managing its investment portfolio. One such entity, Old Kent Bank, has been bought out by Fifth Third Bank since the last policy review and no longer exists in that name. To allow greater flexibility, it is recommended that the list of authorized financial institutions and broker/dealers be expanded to include three (3) additional banks (for a total of 8) and seven (7) additional broker/dealers (for a total of 11). The additions being recommended are credible entities with a solid financial reputation that are active in the Illinois Investment Policy Revision 2/12/2004 Page 2 of 2 Government Finance Officers Association. Two of the broker/dealers (Capital Gains and Segal Bryant) currently manage the fixed-income portion of the Village's Police and Firefighter Pension portfolios. In addition, it is recommended that we add one investment advisor (Becker Burke Associates) to the authorized list. Becker Burke currently provides oversight for the Village's Police and Firefighter Pension Funds. Previously there were none authorized for the Village's general public funds. There are no plans to utilize the services of Becker Burke at this time. Each institution and broker/dealer listed in Exhibit A will receive an updated investment policy and will be required to sign off on its receipt and understanding of the contents thereof. In addition, financial institutions will be required to submit their most recent Statement of Condition filed with the Commissioner of Banks or Controller of the Currency. Licensed broker/dealers will be required to send NASD certification of all applicable licenses currently held. Sections 7.0, 15.0 and 16.0 of the policy include minor modifications that provide more clarity for investing/reporting and dates of previous revisions. RECOMMENDATION: It is recommended the Village Board approve the revisions made to the Village's Investment Policy specifically, sections 7.0, 15.0, 16.0 and Exhibit A. /" /.? /'/<" ./'...~. . /. / f. . /',' "'. "l../t:'- ~ ",.¿¿ / <,./ C {/ ,-.,. DAVID O. ERB DIRECTOR OF FINANCE DOE/ 1:\lnvestments\Board Memo-February 2004-Additional Authorized Inst..doc .-' ..4 VILLAGE OF l\10UNTPROSPECT INVESTl\iIENT POLICY 1.0 Policy It is the policy of the Village of Mount Prospect to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Village and conforming to all state and local statutes governing the investment of public funds. The following investment policy is hereby promulgated for use by the Village of Mount Prospect. 2.0 Scope This investment policy applies to the investment activities of all funds of the Village of Mount Prospect, except for the Police and Firefighters' Pension Funds that are subject to the order of the Board of Trustees of each respective Fund. The Illinois Compiled Statutes will take precedence except where this policy is more restrictive wherein this policy will take precedence. 3.0 Prudence The standard of prudence to be used by the investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investments shall be made with the judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived. Investment officials of the Village of Mount Prospect acting in accordance with this investment policy and written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that material deviations from expectations are rep011ed to the Village Manager in a timely fashion, and appropriate action is taken to control adverse developments. 4.0 Investment Objectives The primary investment objectives, in order of priority, shall be: . Legality - The investment activities of the Village will conform to federal, state and Jocallegal requirements. INVESTAIENT POLICY Page 2 . Safety - The preservation of capital and protection of investment principal shall be tIle primary concern of the investment officials in selecting depositories or investments. . Liquidity - The investment portfolio shall remain sufficiently liquid to meet all operating requirements, which might be reasonably expected. . Return - The investment officials shall seek to obtain a market average or better rate of return throughout budgetary and economic cycles, taking into account risk, constraints, cash flow, and legal restrictions on investments. The portfolio should be reviewed periodically as to its effectiveness in meeting the Village's needs for safety, liquidity, rate of return, diversification and its general perfonnance. When deposits of Village monies become collected funds, and it is determined tbat those funds are not needed for immediate disbursement, those funds shall be invested within two working days at prevailing rates of return. 5.0 Delegation of Authority Management and administrative responsibility for the investment program is hereby delegated to the Director of Finance/Treasurer who, under the delegation of the Board of Trustees, sball establish written procedures for the operation of the investment program. 6.0 Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. 7.0 Authorized Investment Advisors, Broker/Dealers and Financial Institutions The Director of Finance/Treasurer shall maintain a list of all investment advisors, broker/dealers and financial institutions authorized by the Village Board to provide investment services, attached hereto as Exhibit A. It shall be the policy of the Village of Mount Prospect to select financial institutions on the following basis: . SecurHv: Tbe Village will not maintain funds in any financial institution that is not covered by the Federal Deposit Insurance Corporation. Furthermore, the Village will not maintain funds in any financial institution not willing or capable of posting required collateral for funds in excess of the FDIC limits. 2 '1 INVESTA1ENT POLlCY Page 3 . Size: The Village will not select as depository any financial institution in which the Village funds on deposit \vill exceed 50% of the institutions stated capital stock and surplus. Location: The Village will maintain operating and investment accounts in financial institutions located within the corporate boundaries of the Village of Mount Prospect whenever economically beneficial to the Village, and when not precluded by other standards of this policy. However, the Village may approve qualified depositories regardless of location. Statement of Condition: The Village will maintain for public and managerial inspection the last two sworn statements of resources and liabilities that the institution is required to file with the Commissioner of Banks or the ComptroHer of the Currency. Services and Fees: Fees for banking services shall be mutually agreed to by the depository bank and the Director of Finance/Treasurer on an annual basis. Whenever possible, the Village shall cover fees for services by means of compensated balances. . . . Investment advisors and broker/dealers shall be selected based upon their overall experience with Illinois municipalities and the Illinois Compiled Statutes with regard to the Investment of Public Funds Act. Broker/dealers will also be selected on the basis of credit worthiness as well as their ability to obtain competitive prices on securities purchased and sold on behalf of the Village. 8.0 Authorized and Suitable Investments Investments may be made in any type of security allowed for in the Public Funds Investment Act (30 ILCS 235/2). A summary of authorized investments follow: a.) Notes, bonds, certificates of indebtedness, treasury bills, or other securities, which are guaranteed by the full faith and credit of the United States of America. b.) Bonds, notes, debentures, or other similar obligations of the United States of America or its agencies. c.) Interest-bearing savings accounts, interest-bearing certificates of deposit or interest- bearing time deposits or any other investments constituting direct obligations of any bank as defined by the Illinois Banking Act. d.) Short tenn obligations of corporations organized in the United States with assets exceeding $500,000,000 if (i) such obligations are rated at the time of purchase at one of the 3 highest classifications established by at least 2 standard rating services and which mature not later than 180 days from the date of purchase, (ii) such purchases do not exceed 10% of the corporation's outstanding obligations and (iii) no more than one-third of the Village's funds may be invested in short term obligations of corporations. 3 INVESTME^/T POLICY Page 4 e.) Money market mutual funds registered under the Investment Company Act of 1940, provided that the portfolio of any such money market mutual fund is limited to obligations described in paragraphs (a) and (b) of this section. f) Repurchase agreements, subject to the requirements and limitations set forth in 30 ILCS 23512. g.) Illinois Funds, the investment pool administered by the Illinois State Treasurer, and h.) Illinois Metropolitan Investment Fund. Investments shall be made that reflect the cash flow needs of the fund type being invested. The Village will specifically avoid any purchase of financial forwards or futures, any leveraged investments, and lending securities or reverse repurchase agreements. 9.0 Collateralization Funds on deposit in checking accounts and certificates of deposit in excess of FDIC insurance limits must be secured by some fonn of collateral, witnessed by a written agreement and held in the name of the Village at an independent/third party institution. The Village will accept any of the following assets as collateral: . U.S. Government Securities Obligations of Agencies or Instrumentalities of the U.S. Government Obligations of the State of Illinois Obligations of the Village of Mount Prospect General Obligation Municipal Bonds rated "A" or better Any other collateral acceptable for use by the Treasurer of the State of Illinois . . . . . The amount of collateral provided will not be less than 110% of the fair value of the net amount of public funds being secured. The ration of fair value of collateral to the amount of funds being secured will be reviewed at least quarterly. 10.0 Safekeeping and Custody All security transactions, including collateral for repurchase agreements, entered into by the Village, shall be conducted ona delivery-verses-payment (DVP) basis. Securities will be held by an independent third party custodian designated by the Director of Finance/Treasurer and evidenced by safekeeping receipts and a written custodial agreement. 4 '1 INVESTMENT POLlCY Page 5 11.0 Diversification The Village shall diversify its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds. Diversiíìcation can be by type of investment, number of institutions invested in, and length ofmaturity. In order to reduce the risk of default, the investment portfolio of the Village shall not exceed the following limits: . No financial institution shall hold more than 20% of the Village's investment portfolio, exclusive of any securities held in safekeeping. Investment in the Illinois Funds shall not exceed 40% of the investment portfolio. Investment in the Illinois Metropolitan Investment Fund shall not exceed 10% of the investment portfolio. . . 12.0 :Maximum Maturities To the extent possible, the Village shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the Village will not directly invest in securities maturing more than two (2) years from the date of purchase. Reserve funds may be invested in securities exceeding t\VO (2) years if the maturity of such investments are made to coincide as nearly as practicable with the expected use of the funds. 13.0 Internal Control The Director of Finance/Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Village are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable, not absolute, assurance that these objectives are met. The internal controls shall address the following points: . Control of collusion . Separation of transaction authority from accounting . Custodial safekeeping . Written confirmation of telephone transactions for investments and wire transfers 14.0 Performance Standards The Village's investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to benchmarks with similar maturity, liquidity, and credit quality as the portfolio. The Village will use the ninety-day Treasury bill rate as its benchmark. 5 INVESTMENT POLlCY Page 6 15.0 Reporting The Director of Finance/Treasurer shall prepare an investment report at least monthly, and submit said report to the Board of Trustees. The report shall include a management summary that provides an analysis of the status of the current investment portfolio. The report will also include the following infonTIation: . Listing of individual securities held at the end of the repoliing period by maturity date. Average weighted yield to maturity of the portfolio. Average weighted maturity. Percentage of the total portfolio that each type of investment represents. . . . At least quarterly, the investment repoft shall include a summary of the unrealized gains or losses resulting from appreciation or depreciation by listing the cost and market values of all securities with an original maturity of over three months. The quarterly report will also include a list of transactions made over the last quarter. 16.0 Investment Policy Adoption The investment policy shall be adopted by the Board of Trustees. The policy shall be reviewed on an annual basis by the Director of Finance/Treasurer and any modifications made thereto must be approved by the Board of Trustees. This policy was adopted by the Village Board this 20th day of July 1999 pursuant to Resolution 36-99. Exhibit A of the policy was amended on April 17, 2001. 6 . Exhibit A VILLAGE OF MOUNT PROSPECT INVESTMENT POLICY LISTING OF AUTHORIZED ADVISORS, BROKERS/DEALERS AND FINANCIAL INSTITUTIONS Authorized Financial Institutions Bank One LaSalle Bank Northern Trust Mount Prospect National Bank MB Financial Fifth Third Bank Cole Taylor Oak Brook Bank Authorized Investment Broker/Dealers Wachovia Securities Smith Barney Inc. Northern Trust Co. LaSalle Bank Capital Gains Segal Bryant & Hamill PMA Financial Network Mischler Financial William Blair & Co. Griffin, Kubik, Stephens & Thompson Fifth Third Bank Authorized Investment Advisors Becker Burke Associates I:\Investments\Investment Policy Exhibit A.doc Mount Prospect Public Works Department @ TREE em USA INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGER MANAGER MICHAEL E. JANONIS VILLAGE CLERK VELMA LOWE ~b. ~-rq ð11ø O~ VILLAGE ENGINEER MARCH 9, 2004 DUNKIN DONUTS 1001 SOUTH BUSSE ROAD Attached please find the Village Board Approval and Acceptance form for the subject project. The project has been satisfactorily completed and I recommend approval of this project. . Please place this in line for inclusion at the March 16, 2004 Village Board Meeting. ~~ Cc: Glen R. Andler, Public Works Director X: \files\engi neer\dev\boardacc\Dunki n DonutsBusseRdMm VILLAGE BOARD ACCEPTANCE OF PUBLIC IMPROVEMENT AND/OR PRIV A TE IMPROVEMENT APPROVAL PROJECT: Dun kin Donuts LOCATION: 1001 SOllth Rl1sse Road DATE: Fehnmry 27,7004 STAFF APPROVAL ENGINEERING DRAWINGS APPROVED: PLAT OF SUBDIVISION RECEIVED: PLAT OF SUBDIVISION RECORDED: AS BUILT PLANS REVIEWED AND APPROVED: PUBLIC WORKS APPROVAL: COMMUNITY DEVELOPMENT APPROVAL: FIRE DEPARTMENT APPROVAL: ~ N/A N/A ~ ~ ENGINEER CLERK CLERK ENGINEER PUB.WKS.DIR. COMM.DEV.DIR. FIRE PREVENTION PTTRLIC IMPROVEMRNTS FOR ACCRPTANCE RVVILLA(;E WATER MAIN SANITARY SEWER STORM SEWER ROADWAYS SIDEW ALKS STREET LIGHTS PARKWAY TREES P ARKW A Y LANDSCAPING N/A N/A N/A Complete Complete N/A 1 Complete PRIVATE IMPROVEMENTS APPROVED WATER SERVICE SANITARY SEWER SERVICE STORM SEWER PARKING LOT SIDEWALK PARKING LOTS SITE LIGHTING LANDSCAPING Complete Complete Complete Complete Complete Complete Complete Complete APPROVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF , 2004. Village Clerk INTEROFFICE MEMORANDUM ~ TREE em USA Mount Prospect Public Works Department FROM: VILLAGE ENGINEER D'þ. ~\ 'ò\I/ø 04 TO: VILLAGER MANAGER MICHAEL E. JANONIS VILLAGE CLERK VELMA LOWE DATE: MARCH 9/ 2004 SUBJECT: OFFICE BUILDING 1150 WEST NORTHWEST HIGHWAY Attached please find the Village Board Approval and Acceptance form for the subject project. The project has been satisfactorily completed and I recommend approval of this project. Please place this in line for inclusion at the March 16/ 2004 Village Board Meeting. ðJrk~ Cc: Glen R. Andler/ Public Works Director X: \fi les\eng i neer\dev\boa rd acc\1150 NWH ighwayMm VILLAGE BOARD ACCEPTANCE OF PUBLIC Il\1PROVEMENT AND/OR PRIV ATE IMPROVEMENT APPROVAL PROJECT: 11 ~O 'Vest Northwest Hiehway LOCATION: 11 ';0 West Northwest Hi~hw~y DATE: Fehll1~ry ?';, ?004 STAFF APPROVAL ENGINEERING DRAWINGS APPROVED: PLAT OF SUBDIVISION RECEIVED: PLA T OF SUBDIVISION RECORDED: AS BUILT PLANS REVIEWED AND APPROVED: PUBLIC WORKS APPROVAL: COMMUNITY DEVELOPMENT APPROVAL: FIRE DEPARTMENT APPROVAL: ~ <Il .,4>//'" ENGINEER CLERK CLERK ENGINEER PUB.WKS.DIR. COMM.DEV.DIR. FIRE PREVENTION PURl JC IMPROVEMENTS FOR ACCEPT A NCE RY vn J ,A(;E WATER MAIN SANITARY SEWER STORM SEWER ROADW A YS SIDEWALKS STREET LIGHTS PARKWAY TREES P ARKW A Y LANDSCAPING N/A N/A N/A N/A N/A N/A 9 Complete PRIVA TE IMPROVEMENTS APPROVED WATER SERVICE SANITARY SEWER SERVICE STORM SEWER PARKING LOT SIDEW ALK PARKING LOTS SITE LIGHTING LANDSCAPING Comp 1 ete Complete COl11p 1 ete Complete COl11p 1 ete Complete Complete Complete APPROVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF ,2004. Village Clerk .; ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1 OF THE VILLAGE CODE TO AUTHORIZE THE VILLAGE l\IANAGER TO ACT AS A HEARING OFFICER TO FULFILL THE VILLAGE'S OBLIGATIONS UNDER THE PUBLIC SAFETY EMPLOYEE BENEFIT ACT (820 ILCS 320/1 ET SEQ.) BE IT ORDAINED by the President and Board of Trustees ofthe Village of Mount Prospect, County of Cook, State of Illinois, in accordance with its Home Rule Powers as set forth in Article VII Section 6 of the Illinois Constitution (1970): SECTION 1 - FINDINGS: A. In 1997, the Illinois Legislature enacted Public Act 90-535, entitled The Public Safety Employee Benefit Act (the "Act"), which Act provides for certain benefits to Public Safety Officers, who suffer catastrophic injuries while engaged in one of the activities specified under the Act (hereinafter the "qualifying activities"), such as, the officer's responding to fresh pursuit or the officer or firefighter's response to what is reasonably believed to be an emergency. B. On March 20, 2003, the Illinois Supreme Court in a case, entitled Krohe v. City of Bloomington, 204 Ill.2d 392, determined that "catastrophic injuries" under the Act shall include all injuries which result in a line of duty disability pension. c. Fire and Police Pension Boards, as a part ofthe hearing process, detennine whether or not a pension applicant's injury occurred in the line of duty. However, those Pension Boards do not detem1ine whether or not a duty-related disability also occurred while the applicant was involved in one of the qualifying activities set forth in the Act. D. In order to qualify for benefits under the Act, a determination must also be made that the iManage 129528 1 r applicant was also disabled \",hile engaged in anyone of the qualified activities, as specified under the Act. E. It is incumbent upon the Ví11age to create an administrative process, which can and does provide a final determination as to \vhether an applicant for benefits under the Act is qualified to receive them. F. It is in the best interest of the public health, safety and \velfare that the Village to create an administrative process that fulfills the purpose of the Act. SECTION 2: Chapter 4, Article I, of the Village Code entitled "Village Manager" is hereby amended by inserting a new Section 4-105, which shall read as follows: 4-105 Hearing Officer for the Purpose of the Public Employee Benefits Act (820 ILCS 320/1 et seq. The Village Manager shall act as a hearing officer under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.). The Manager shall, as hearing officer, conduct hearings and make detenninations as to whether or not any employee of the Village, who is subject to the Act, is entitled to the benefits provided by that Act. The decision of the Manager shall be a final administrative determination of the Village and may be appealed to the Circuit Court under the Administrative Revie\v Act. And renumbering the existing 4.15 "Savings Clause" as Section 4.106. SECTION 3: This Ordinance shall take effect from and after its passage and approval in the mam1er provided by law. The Village Clerk is hereby directed and ordered to publish this ordinance in pamphlet fonn. PASSED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, IJJinois, this day of ,2004. ¡Manage 129528 1 .. AYES: NAYS: ABSENT: APPROVED by me this day of ,2004. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk C:\Documents and Settings\DStrahlDOMAIN\Local Settings\Temporary Internet Files\OLK181\MP Ord - hearing under Public Safety Employee Benefit Act DOC iManage 129528 1 Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT TO: DATE: MARCH 10, 2004 AN ORDINANCE PROVIDING FOR THE PURCHASE OR CONDEMNATION A PARCEL OF LAND (PROPERTY INDEX NUMBER 08-12-104-021) COMMONLY REFERRED TO AS THE BANK ONE ANCILLARY PARKING LOT AT 7 S. EMERSON STREET SUBJECT: Attached to this memorandum is an Ordinance that would authorize the Village to purchase or condemn the property located at 7 S. Emerson Street. This property is currently owned by Bank One who utilizes the property as an ancillary parking lot for their office building located at 111 E. Busse Avenue. The acquisition is necessary to assemble the land needed to pursue the redevelopment of Sub-area #3. Please forward this memorandum and attached Ordinance to the Village Board for their review and consideration at their March 16th meeting. Staff will be at that meeting to answer any questions related to this matter. ~~b~p c; ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN THE TAX INCREMENT REDEVELOPEMENT PROJECT AREA WHEREAS, the Village of Mount Prospect, Cook County, Illinois has heretofore adopted Ordinance Number 3554 adopting the District No.1 Tax Increment Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled "An Ordinance Designating District No.1 Tax Increment Redevelopment Project Area in the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An Ordinance Adopting Tax Increment Financing for the District No.1 Tax Increment Redevelopment Project in the Village of Mount Prospect, Illinois all of which are incorporated herein in their entirety. WHEREAS, the Village of Mount Prospect has determined that the above-mentioned Tax Increment Redevelopment Plan and Redevelopment Project which were the subject matter of the public hearings is in the best interests of the residents of the Village of Mount Prospect and is a public purpose; and WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11- 74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to acquire by purchase, donation, lease or eminent domain real property within the redevelopment project area; and WHEREAS, the implementation of the aforementioned Tax Increment Redevelopment Plan and Project would attract to the Village of Mount Prospect additional commercial ventures, increase business for commercial ventures currently established within the Village, strengthen the property and non-property tax and income bases, and would provide jobs for the Village residents. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS, as follows: SECTION 1: That it is hereby determined that the Tax Increment Redevelopment Plan and Redevelopment Project previously adopted be established, maintained, controlled, managed and operated within the corporate limits of the Village of Mount Prospect within the District Number 1 Tax Increment Redevelopment Project Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax Increment Redevelopment Plan and Redevelopment Project be occupied, improved, used and developed in a manner necessary and convenient for public use. SECTION 2: That under the authority vested in the corporate authorities of the Village of Mount Prospect, through the statutes of the State of Illinois and the home rule C:\Win2kProfiles\BCooney\Local Settings\Temporary Internet Files\OLK2\Ordinance .doc power and ordinances of the Village, it is hereby determined that pursuant to the Tax Increment Redevelopment -Plan and Redevelopment Project it is necessary and desirable that the Village shall acquire title to and possession of certain real property còmmonly known as 7 South Emerson, Mount Prospect, Illinois, Permanent Index 08-12-104-021, and legally described in the Exhibit which is attached hereto and made a part hereof and hereinafter referred to as the "Subject Property", which property is within the foregoing Tax Increment Redevelopment Project Area and is necessary, required and needed to achieve the objectives of the foregoing Tax Increment Redevelopment Plan and Redevelopment Project, and which property lies wholly within the limits of the Village of Mount Prospect. SECTION 3: That the Village Attorney or such other persons as he may designate are hereby authorized, empowered and directed to negotiate personally or through its representatives for and on behalf of said Village with the owner or owners of the Subject Property for the purchase and acquisition thereof by said Village. SECTION 4: That in the event the said Village Attorney or his designee are unable to agree with the owner or owners of said real property as to the compensation thereof, then title to an possession of the Subject Property shall be acquired by the Village of Mount Prospect through condemnation, and authorization is hereby given to institute proceedings in any court of competent jurisdiction to acquire title to and possession of the Subject Property for the Village in accordance with the Act, the eminent domain laws of the State of Illinois and the ordinances of the Village of Mount Prospect. SECTION 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and approved by the President thereof this 16th day of March 2004. Ayes: Nays: Absent: Approved Village President Attest Village Clerk C:\Win2kProfiles\BCooney\Local Settings\Temporary Internet Files\OLK2\Ordinance .doc BI/fJ3i/ \\A ) ~ LO'I' 1 IN MT PROSPECT STATE BANK RESOODIVISION NO.3, A RESt:IBPIVISION OF LÓTS 14 TO 19 J:N ELK 5 Ilt :StJ'SSB ANt) WILLE' S P.ESUBDIV:r:SION IN !40tm'1' PROSP~CT IN THE WES'l' 1/2 OF SSC'I'ION ].2, TOWNSHIP 41 NORTH, RANGE 11 BAST OF THE THIRD PitINC¡PAL HERIJ;JIAN, IN COOK COUNTY, ILl.INOIS