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HomeMy WebLinkAboutOrd 5486 04/06/2005 ORDINANCE NO. 5486 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 2410 EAST RAND ROAD Passed and approved by the President and Board of Trustees the 6th day of April, 2005 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the th day of April, 2005 vwl jc 3/31/05 ORDINANCE NO. 5486 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCArED AT 2410 EAST RAND ROAD WHEREAS, The Twins Group d/b/a Taco Bell Restaurant (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit and Variations with respect to property located at 2410 East Rand Road, (hereinafter referred to as the "Subject Property") and legally described as follows: PARCEL 1: THAT PART LYING EAST AND NORTH OF RAND ROAD OF THE WEST % OF THE NORTHEAST % OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 521.20 FEET THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE AFORESAID EAST 521.20 FEET WITH THE NORTHEASTERLY LINE OFAF=ORESAID RAND ROAD; THENCE NORTHWESTERLY IN THE NORTHEAST LINE OF AFORESAID RAND ROAD A DISTANCE OF 100.00 FEET, TO A POINT; THENCE NORTHEASTERLY IN A LINE DRAWN AT RIGHT ANGLES TO AFORESAID NORTHEASTERLY LINE OF RAND ROAD A DISTANCE OF 112.04 FEET TO A POINT IN THE WEST LINE OF AFORESAID EAST 521.20 FEET OF THE WEST % OF THE NORTHEAST %; THENCE SOUTH IN THE LAST DESCRIBED LINE A DISTANCE OF 150.18 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE WEST 90.0 FEET OF THE EAST 521.20 FEET, EXCEPT THE NORTH 158.0 FEET AS MEASURED ON THE EAST AND WEST LINES THEREOF OF THAT PART OF THE WEST % OF THE NORTHEAST % LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF RAND ROAD, OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PROPERTY INDEX NUMBERS: 03-28-201-014-0000 03-28-201-020-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a restaurant with drive-through access on the site of an existing restaurant; and WHEREAS, the Petitioner seeks Variations for one (1) parking space and one (1) stacking space during peak shift hours, and Variations for the front, side, and rear setbacks; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-07-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of March, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of March, 2005; and 2410 E. Rand Road Page 2/3 WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendations to the President and Board of Trustees in support of the request being the subject of PZ-07 -05; 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: SECTION ONE: The recitals set forth 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, as provided in Section 14.203.F.7 & Section 14.203.C.7 of the Village Code, to allow the construction of a restaurant with drive-through access on the site of an existing restaurant on the Subject Property, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: Prior to the issuance of a building permit relative to the Conditional Use permit and Variations, the following conditions shall be fulfilled: 1. Development of the site in accordance with: · The site plan prepared by Ronald Source Architects with a revision date of March 28, 2005, that reflects a narrowed entrance driveway of 15' and having a 20-25' turning radius as well as the parking lot having a 4'4" setback along the west lot line, a 2' setback along the north lot line, a 5' setback along the east lot line, and a 5' setback for one parking space along the southwest corner of the parking lot, but 10' for the remainder; · The landscape plan prepared by Ronald Source Architects date stamped March 11, 2005 revised so the Rand Road frontage has at least 50% year- round interest species; · The lighting plan prepared by John Bujake, Accuserv Lighting & Equipment, revised to comply with the lighting regulations as part of the Mount Prospect Village Code; · The elevations prepared by Ronald Source architects, date stamped March 11,2005 with a revision date of March 28, 2005 that document the building will not exceed the Village's 30% EIFS limitation. 2410 E. Rand Road Page 3/3 2. The proposed improvements shall be constructed according to all applicable Village Codes (Sign Code, Site Construction Standards, Building, and Fire Code regulations; 3. Prior to obtaining the Certificate of Occupancy, the Petitioner shall prepare a plat of resubdivision that consolidates the site to a one-lot subdivision; and 4. The Petitioner shall obtain permits from all appropriate agencies including, but not limited to, IDOT and MWRD. SECTION FOUR: 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 FIVE: 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, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: Farley PASSED and APPROVED this 6th day of April, 2005. ATTEST: ~J:))~ Velm W. Lowe Village Clerk H:ICLKOlfilesIWIN\ORDINANCIC USE-VAR. 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