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HomeMy WebLinkAboutOrd 5037 08/17/1999 ORDINANCE NO. 5037 AN ORDINANCE GRANTING A CONDITIONAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT AND VARIATION FOR PROPERTY COMMONLY KNOWN AS 105 EAST PROSPECT AVENUE Passed and approved by the President and Board of Trustees the 17th day of August, 1999 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18th day of August, 1999 VWL 7/28/99 7/29/99 7/30/99 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT AND VARIATION FOR PROPERTY COMMONLY KNOWN AS 105 EAST PROSPECT AVENUE WHEREAS, Dennis Miller (hereinafter referred to as Petitioner), has filed a petition for a Conditional Use in the nature of a Planned Unit Development and variation with respect to property generally known as 105 East Prospect Avenue, (hereinafter referred to as Subject Property); and WHEREAS, the Subject Property is legally described as follows: Tract 1 All of Lot 1, Lot 2 (except the west 31 feet thereof) and that part of the west 31 feet of lot 2 and all of Lots 3, 4, and 43 taken as a tract, lying north of a line drown 102 feet north of and parallel with the south line of lot 43, as measured along the west line of said Lot in Waldemar Kmuse's Addition to Mount Prospect in the E '~ of the NW¼ of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County Illinois. Tract 2 That part of Lots 2, 3, 4 and 43, taken as a tract lying north of a line drown 102.00 feet north of and parallel with the south line of Lot 43 in Waldemar Krause's Addition to Mount Prospect in the E ~ of the NW¼ of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, beginning at the northwest corner of said Lot 4, thence south along the west line of Lots 4 and 43, 166.67 feet to the south line of said tract; thence west along the south line of said tract 75.08 feet, thence north parallel with the west line of Lot 4 a distance of 103.77 feet; thence northeast 14.47 feet to a point on the north line of said tract that is 96.62 feet southeast of the northeast corner of said tract; thence northwest along the north line of said tract ¼ to the point of beginning, in Cook County Illinois. WHEREAS, Petitioner desires to create a Planned Unit Development providing for the construction of a five-unit townhouse development, with associated landscape improvements on the subject property; and WHEREAS, a Public Hearing was held on the requests for Conditional Use and variation, designated as ZBA Case No. 18-99, before the Zoning Board of Appeals of the Village of Mount Prospect on the 24th day of June, 1999, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal and Topics on the 9th day of June, 1999; and Page 2/3 105 E. Prospect Ave. WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the requests being the subject of ZBA 18-99 and have determined that the best interests of the Village of Mount Prospect would be served by granting to the Subject Property the Conditional Use in the nature of a Planned Unit Development and a variation as requested in ZBA 18-99. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SE TI___~C_.~_Q_N_~_Q; That the Conditional Use in the nature of a Planned Unit Development being the subject of this Ordinance is subject to the following conditions: 1. Development of the site in conformance with the site plan and floor plans, prepared by Tinaglia Design Group, Inc., dated July 30, 1998 and revised June 14, 1999 (attached); 2. Approval by the Planning Commission and Village Board of a Plat of Subdivision for the subject property, including dedication of required access easements prior to consideration of the PUD ordinance by the Village Board and recordation of that Plat prior to issuance of a building permit; 3. Submission of a final landscape plan in general conformance with the preliminary plan prepared by Tinaglia Design Group, Inc., dated November 12, 1998, revised May 24, 1999, and revised to be in conformance with the approved site plan; 4. Submittal and approval of final Engineering Plans meeting all Development Code requirements and/or approval by the Plan Commission of any necessary Development Code Exceptions. 5. Submittal of final building plans meeting all applicable Building Code and Fire Code requirements. 6. Provide a 20' fire access, satisfactory to the Fire Department prior to issuance of a building permit. Page 3/3 105 Eo Prospect Ave. 7. Development of the proposed structure in conformance with the elevations, prepared by Tinaglia Design Group, Inc., dated November 12, 1998, revised May 24, 1999, with the following changes: a.Modif7 the proposed elevations to increase the size of the proposed limestone cornice; b. Structures to be all masonry; 8. Petitioner shall enter into an escrow agreement, attached hereto as Exhibit "A", and deposit into an escrow account sufficient funds, as determined by the Engineering Division, to construct the parking shown on the approved site plan, at such time as the Village determines such parking to be necessary. SECTION THREE: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant a variation, as provided in Section 14.203.C.7 of the Village Code, to allow a maximum residential density of 20 units per acre, as depicted in the site plan prepared by Tinaglia Design Group, Inc., dated July 30, 1998 and revised June 14, 1999 (attached). SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron NAYS: Wilks ABSENT: Nocchi PASSED and APPROVED this iTth day of August ,1999. ATTEST: ~'~;;de Lp'r;~:;Ynt / ~ Velrfia W. [.owe Village Clerk Milburn Street Location Map Case No.. ZBA 18-99 Miller Townhouses Prepared By: ~ Village of Mount Prospect Department of Community Development - Planning Division June 17, 1999 Scale 1" to 3oo' PROSPECT PLACE PLAT OF RESUBDIVlSION