HomeMy WebLinkAboutOrd 6148 07/15/2014 Granting Conditional Use Permit for a Final Planned Unit Development ORDINANCE NO. 6148
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
A FINAL PLANNED UNIT DEVELOPMENT, CONDITIONAL USE
FOR A DRIVE - THROUGH ESTABLISHMENT & VARIATION
FOR PROPERTY LOCATED AT MOUNT PROSPECT PLAZA,
(990 -1145 MT. PROSPECT PLAZA, 940 -950 EAST RAND ROAD
AND 1200 -1220 EAST CENTRAL ROAD MOUNT PROSPECT IL
WHEREAS, Ramco- Gershenson Properties, L. P. ( "Petitioner'), has filed a petition for a Conditional Use
for a Final Planned Unit Development (PUD), Conditional Use for a Drive - Through Establishment and
Variation (Lot Coverage) for property located at Mount Prospect Plaza, 990 -1145 Mt. Prospect Plaza,
940 -950 East Rand Road and 1200 -1220 East Central Road ( "Property') and legally described as;
PARCEL 1:
LOT 1 (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE DEPARTMENT OF
TRANSPORTATION OF THE STATE OF ILLINOIS BY CONDEMNATION REGISTERED AS
DOCUMENT NUMBER LR- 3201616, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF
TAKEN FOR CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER LR-
3202476) IN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR
OF TITLES OF COOK COUNTY, ILLINOIS ON JULY 16, 1979 AS DOCUMENT NUMBER 3104778;
ALSO EXCEPTING THEREFROM THAT PART OF LOT 1 IN PLAZA SUBDIVISION AFORESAID
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46
MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO
THE NORTHEASTERLY RIGHT -OF -WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT
NUMBER 3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON A
TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2,072.46 FEET, FOR
AN ARC DISTANCE OF 730 FEET; THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST,
615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE
PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT NUMBER 3202476; THENCE
NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL
SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN
PLAZA SUBDIVISION; THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG
SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING.
PARCEL ONE ABOVE ALSO MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS
FOLLOWS:
PART OF LOT 1, PLAZA SUBDIVISION, IN THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MOUNT
PROSPECT, COOK COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF WEST GATE ROAD AND EAST CENTRAL ROAD;
THENCE NORTH 89 DEGREES 37 MINUTES 28 SECONDS WEST, 813.32 FEET; THENCE NORTH 56
DEGREES 54 MINUTES 28 SECONDS WEST, 419.41 FEET;
THENCE NORTH 33 DEGREES 05 MINUTES 32 SECONDS EAST, 35.00 FEET; THENCE NORTH 56
DEGREES 54 MINUTES 28 SECONDS WEST, 120.0 FEET; THENCE SOUTH 33 DEGREES 05
MINUTES 32 SECONDS WEST, 35.00 FEET; THENCE NORTH 56 DEGREES 54 MINUTES 28
SECONDS WEST, 38.52 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 2,072.46 FEET AND A LONG CHORD SUBTENDED BEARING OF NORTH 53 DEGREES
26 MINUTES 08 SECONDS WEST, 252.15 FEET; THENCE NORTH 20 DEGREES 57 MINUTES 12
SECONDS EAST, 615.30 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 28 SECONDS EAST,
698.30 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 21 SECONDS EAST, 123.99 FEET;
THENCE NORTH 89 DEGREES 39 MINUTES 43 SECONDS EAST, 416.97 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET AND A
LONG CHORD SUBTENDED BEARING OF SOUTH 78 DEGREES 43 MINUTES 34 SECONDS EAST,
16.11 FEET, THENCE SOUTH 67 DEGREES 05 MINUTES 57 SECONDS EAST, 135.16 FEET;
THENCE SOUTH 89 DEGREES 26 MINUTES 43 SECONDS EAST, 24.37 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 1,111.59 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
NON - EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL ONE FOR INGRESS AND EGRESS,
PARKING OR MOTOR VEHICLES, LOADING AND UNLOADING OF COMMERCIAL AND OTHER
VEHICLES, AND FOR THE USE OF ROADWAYS, WALKWAYS, AND FACILITIES INSTALLED FOR
THE COMFORT AND CONVENIENCE OF CUSTOMERS, INVITEES, LICENSEES, TENANTS AND
EMPLOYEES OF ALL BUSINESSES AND OCCUPANTS OF THE IMPROVEMENTS AS GRANTED BY
EASEMENTS AND COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING LAND DATED
SEPTEMBER 28, 1990 BY AND BETWEEN MOUNT PROSPECT PLAZA LIMITED PARTNERSHIP, AN
ILLINOIS LIMITED PARTNERSHIP, AND WAL -MART STORES, INC., A DELAWARE CORPORATION,
RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS, ON
SEPTEMBER 28, 1990 AS DOCUMENT NUMBER 90474272, OVER AND ACROSS THOSE
PORTIONS OF THE FOLLOWING DESCRIBED 'WAL -MART PARCEL" AS DEFINED THEREIN
DESIGNATED AS PARKING AREAS:
THAT PART OF LOT 1 (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE
DEPARTMENT OF TRANSPORTATION BY CONDEMNATION REGISTERED AS DOCUMENT
NUMBER 3201616, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF TAKEN FOR
CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER 3202476) IN PLAZA
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK
COUNTY, ILLINOIS, ON JULY 16, 1979, AS DOCUMENT NUMBER 3104778, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46
MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO
THE NORTHEASTERLY RIGHT -OF -WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT
NUMBER 3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON A
TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2,072.46 FEET, FOR
AN ARC DISTANCE OF 730 FEET; THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST,
615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE
PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT NUMBER 3202476; THENCE
NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL
SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN
PLAZA SUBDIVISION, THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG
SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING.
PARCEL 3
NON - EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL ONE FOR INSTALLATION,
MAINTENANCE, REPAIR AND REPLACEMENT OF ALL SUBSURFACE LINES AND CONDUITS FOR
WATERMAINS, SANITARY SEWER LINES, STORM SEWERS AND RELATED ACCESSORY
FACILITIES, TOGETHER WITH ALL SURFACE STORM WATER DETENTION AREAS, INCLUDING,
BUT NOT LIMITED TO, RETENTION PONDS EXISTING OR TO BE CONSTRUCTED, AS GRANTED
BY EASEMENTS WITH COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING LAND DATED
SEPTEMBER 28, 1990 BY AN BETWEEN MOUNT PROSPECT PLAZA LIMITED PARTNERSHIP, AN
ILLINOIS LIMITED PARTNERSHIP, AND WAL -MART STORES, INC., A DELAWARE CORPORATION,
RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS ON
SEPTEMBER 28, 1990 AS DOCUMENT NUMBER 90474272, OVER, ACROSS AND UNDER THOSE
PORTIONS OF THE FOLLOWING DESCRIBED 'WAL -MART PARCEL" AS DEFINED THEREIN
DESIGNATED AS UTILITY EASEMENT AREA AS DESCRIBED ON EXHIBIT "E" THERETO:
THAT PART OF LOT 1 (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE
DEPARTMENT OF TRANSPORTATION BY CONDEMNATION REGISTERED AS DOCUMENT
NUMBER 3201616, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF TAKEN FOR
CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER 3202476) IN PLAZA
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK
COUNTY, ILLINOIS, ON JULY 16, 1979, AS DOCUMENT NUMBER 3104778, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46
MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO
THE NORTHEASTERLY RIGHT -OF -WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT
NUMBER 3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON A
TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2,072.46 FEET, FOR
AN ARC DISTANCE OF 730 FEET; THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST,
615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE
PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT NUMBER 3202476; THENCE
NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL
SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN
PLAZA SUBDIVISION; THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG
SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING.
Property Index Nos. 03 -35- 301 - 055 -0000, 03 -35- 301 - 056 -0000, 03 -35- 301 - 057 -0000 and
03 -35- 302 - 014 -000, 03 -35- 302 - 015 -0000
WHEREAS, the Petitioner seeks 1) Conditional Use Permit for a Final Planned Unit Development, to
construct two (2) new outlot buildings, and 2) Conditional Use Permit for a Drive Through Establishment;
and
WHEREAS, the Petitioner seeks a Variation to allow overall lot coverage of eighty -six percent (86 %) as
shown on the Petitioner's site plan dated March 31, 2014, attached as Exhibit "A" for property located at
Mount Prospect Plaza, 990 -1145 Mt. Prospect Plaza, 940 -950 East Rand Road and 1200 -1220 East
Central Road; and
WHEREAS, a Public Hearing was held on the request for Conditional Use Permits and Variation
designated as PZ- 14 -14, before the Planning and Zoning Commission of the Village of Mount Prospect
on the 26 day of June, 2014, pursuant to due and proper notice thereof having been published in the
Daily Herald Newspaper on the 11 day of June, 2014; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
President and Board of Trustees in support of the request being the subject of PZ- 14 -14; 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 permits 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 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.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant 1) a
Conditional Use permit for a Final Planned Unit Development for two (2) new outlot buildings and 2) a
Conditional Use permit for a Drive Through Establishment, as shown on the Site Plan, a copy of which is
attached and made a part of as Exhibit "A."
SECTION THREE The President and Board of Trustees of the Village of Mount Prospect grant a
variation to allow an overall lot coverage of eighty -six percent (86 %) subject to compliance with the
following conditions:
1. Development of the site in general conformance with the site plan prepared by Gewalt Hamilton
Associates, Inc., dated April 18, 2014;
2. Development of the outlot building in general conformance with the building elevations prepared
by Wah Yee Associates dated April 10, 2014. Color schemes for buildings shall match those of
existing buildings;
3. Development of the site in general conformance with the landscape plan prepared by 3D Design
Studio, dated June 25, 2014, but revised to provide evergreen plant material along Westgate
Road and the drive - through;
4. Development of the site in general conformance with the photometric plan prepared by Gewalt
Hamilton Associates, Inc., dated April 18, 2014;
5. Submittal of fixture cut - sheets for exterior lights that comply with Village Code;
6. Submittal of 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;
7. 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
8. Issuance of 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.
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, Korn, Matuszak, Polit, Zadel
NAYS: Rogers
ABSENT: None
PASSED and APPROVED this 15 day of July, 2014.
Arlene A. Juracevr
Mayor
ATTEST:
M. Lis Angell
Village Clerk
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