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Home My WebLink AboutOrd 5842 04/06/2011 Granting a Condition Use Permit for the preliminary approval of a Planned Unit Development - 1601 South Busse RoadORDINANCE NO. 5842 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 6 day of April, 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 t " day of April, 2011. ORDINANCE NO. 5842 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Daveri Development Group ( "Petitioner'), has filed a petition for a Conditional Use for the Preliminary Approval of a Planned Unit Development (PUD) and Variations for property located at 1601 South Busse Road ( "Subject Property') and legally described as and shown on the Plat of Survey, a copy of which is attached and made part of this resolution as Exhibit "A "; WHEREAS, the Subject Property is legally described as follows: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS; Property Index Number: 08 -23- 100 - 015 -0000, 08 -23- 100 - 014 -0000; and WHEREAS, a Conditional Use for the Preliminary Approval for a Planned Unit Development (PUD) for the property at 1601 South Busse Road was granted November 4, 2003 pursuant to Ordinance No. 5381; and WHEREAS, the Petitioner is now proposing a new plan for a multi -use PUD at the Property and seeks a Conditional Use Permit for the Preliminary Approval of a Planned Mixed Use Development consisting of an existing restaurant with drive - through and a four -story mixed -use building that will provide thirty nine (39) affordable, supportive housing units to individuals with disabilities, and a health clinic and ancillary uses on the 1st floor of the building; and WHEREAS, the Petitioner seeks Variations to (1) increase the maximum permitted building height from thirty five feet (35) to forty three (43') and (2) reduce the required number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165); and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 19 -10, before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of March, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 12 day of January, 2011; 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- 19 -10; 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 and variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: 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. Page 2/3 PZ -19- 101601 S. Busse Road SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant 1) Conditional Use permit for the Preliminary Approval of a Planned Unit Development consisting of an existing restaurant with drive - through and a four story mixed use building 2) Conditional Use for dwelling units above the first (1S) floor 3) Variation to increase the maximum permitted building height from thirty -five feet (35') to forty -three feet (43') and 4) Variation to reduce the number of parking stalls from one hundred sixty seven (167) to one hundred sixty five (165) including land banked spaces, subject compliance with the following conditions:: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated December 15, 2010 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated March 9, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated December 15, 2010, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated December 14, 2010, but revised to include the adjacent parcel (Culver's) and comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the land and specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; 8. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Easements, which vacates and grants water main easements as required for the proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 12. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. Page 3/3 PZ -19- 101601 S. Busse Road 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: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 61h day of April, 2011. (. /� Ir na K. Wilks Mayor ATTEST: M. 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