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HomeMy WebLinkAboutOrd 5481 03/01/2005 ORDINANCE NO. 5481 AN ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1-17 SOUTH EMERSON STREET (FOUNDERS ROW) Passed and approved by the President and Board of Trustees the 1st day of March, 2005 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2nd day of March, 2005 vwl 2/10/05 3/2/05 jc ORDINANCE NO. 5481 AN ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1-17 SOUTH EMERSON STREET (FOUNDERS' ROW) WHEREAS, Founders Row LLC (hereinafter referred to as "Petitioner") has filed a petition for Variations and a Conditional Use Permit in the nature of a Planned Unit Development with respect to property located at 1-17 South Emerson Street, (hereinafter referred to as the "Subject Property") and legally described as follows: Lots 20, 21, and 22 in Block 5 in Busse and Wille's Resubdivision in Mount Prospect of the West Quarter of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, IL. Also, Lot 1 in Mount Prospect State Bank Resubdivision No.3, a resubdivision of Lots 14 to 19 in Block 5 in Busse and Wille's Resubdivision in Mount Prospect in the West Quarter of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois Property Index Numbers: 08-12-104-001-0000 08-12-104-002-0000 08-12-104-003-0000 08-12-104-021-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit for a Planned Unit Development for a fourteen (14) unit rowhome development, as provided in Section 14.502 of the Village Code; and WHEREAS, the Petitioner seeks Variations from the Village Zoning Code to allow building heights in excess of thirty-feet (30') and garage heights in excess of twelve feet (12'), as provided in Section 14.203.C.7 of the Village Code; and WHEREAS, a Public Hearing was held on the request for a Conditional Use and Variation being the subject of PZ-02-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of January, 2005, pursuant to proper legal notice having been published in the Mount ProsIJect Journal & ToIJics on the 1 in day of January, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendation to the President and Board of Trustees in support of the requests being the subject of PZ-02-05; and 1-17 S. Emerson Street Page 2/4 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 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: SECTION ONE: The recitals set forth hereinabove are incorporated as findings offact 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 for a Planned Unit Development for a fourteen (14) unit rowhome development, as provided in Section 14.502 of the Village Code; and SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant Variations from the Village Zoning Code to allow building heights in excess of thirty-feet (30') and garage heights in excess of twelve-feet (12') for each rowhome unit, as provided in Section 14.203.C.7 of the Village Code; and SECTION FOUR: Prior to the issuance of a building permit relative to the Conditional Use permit and Variations, the following conditions and/or written documentation shall be fulfilled: A. The Petitioner shall preserve as many of the existing trees as possible; B. The Petitioner shall provide at least 20% of the required amount of storm water detention; C. The Petitioner shall work with the residents adjacent to the site to resolve any screening/fence issues that include but are not limited to the style of fence and who will maintain the fence; D. The Petitioner shall submit a revised site plan that reflects: 1. The 5.5' Emerson Street right-of-way dedication and the 7' easement along Central Road; 2. A 24' wide, right-in/right-out only Central Road curb cut that is striped and signed accordingly; 3. Modifications to the east lot line and private drive that eliminates conflicts with existing utilities, and creates the necessary turning radius to accommodate a garbage truck; . 1-17 S. Emerson Street Page 3/4 E. The Petitioner shall submit a revised landscape plan that includes additional trees throughout the development, identifies the screening material along the east lot line, and includes the adopted Village's Streetscape Program; F. The Petitioner shall submit revised elevations that reflect the building materials presented to the Village Board as part of the RFP process in addition to a material board; G. The Petitioner shall submit a lighting plan for the site for Staff review and approval; H. Prior to obtaining the first Certificate of Occupancy, the Petitioner shall submit homeowner's association documents for Staff review and approval that include provisions for having snow removed and deposited off-site; I. The Petitioner's Building Permit plans shall include: a. Signs posted in the private drive that parking is prohibited. b. A two-hour fire separation between the garage units that abut each other. c. A one-hour fire separation between each garage building. d. Each unit shall be protected by sprinklers and constructed in accordance with our adopted codes. e. A fire hydrant installed along Central Road, location to be determined perthe Fire Chief; J. Develop the site in accordance with all applicable Village Codes and requirements, including, but not limited to, Fire Prevention Code regulations, lighting regulations, Sign Code regulations, and building regulations. K. Prior to obtaining the first Certificate of Occupancy, the Petitioner shall submit a plat of subdivision that reflects the required 5.5' dedication along Emerson Street and the 7' easement along Central Road. L. Provisions shall be made to allow the private drive to be extended south to Busse Avenue at such time as the property to the south is developed as a park. 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. 1-17 S. Emerson Street Page 4/4 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: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel, Farley NAYS: None ABSENT: None PASSED and APPROVED this 1 st day of March, 2005. ATTEST: ~ Gerald L. Farley Village President veJ~! ~~ Village Clerk H:ICLKOlfilesIWINIORDINANCIC USE VAR 7-17 S Emerson,FoundersRow,FebO5.doc /F