HomeMy WebLinkAboutOrd 5535 01/17/2006
ORDINANCE NO. 5535
AN ORDINANCE GRANTING A CONDITIONAL USE FOR
A PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN
AS 401-455 SOUTH ELMHURST ROAD
Passed and approved by
the President and Board of Trustees
TH
the 17 day of January, 2006
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
th
the 18 day of January, 2006
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12/29/05
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12/27/05
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12/27/05
ORDINANCE NO. 5535
AN ORDINANCE GRANTING A CONDITIONAL USE
FOR A PLANNED UNIT DEVELOPMENT FOR PROPERTY
COMMONLY KNOWN AS 401-455 SOUTH ELMHURST ROAD
WHEREAS, SK Partners III Limited Partnership Group, an Illinois limited partnership, and Yvonne
DiMucci, as Trustee of the Salvatore J. DiMucci Marital Trust No.7, an Illinois Grantor Trust
(hereinafter collectively referred to as the "Petitioner"), have filed a petition for a Conditional Use in
the nature of a Planned Unit Development with respect to property generally known as 401-455
South Elmhurst Road in the Village of Mount Prospect, County of Cook, Illinois (hereinafter referred
to as "Subject Property"); and
WHEREAS, the Subject Property is legally described as follows:
Lots 1 through 14 in DiMucci's Resubdivision of Lots 2 to 23, inclusive in Block 4 in Prospect Park
Subdivision No.1, being a subdivision of the west half of the north 60 rods of the southwest quarter
of Sec. 12, Township 41 North Range, 11 East of the Third Principal Meridian, in Cook County,
Illinois.
Property Index Numbers:
08-12-300-031 ,-032,-033,-034.-035,-036,-037,-038,-039,
08-12-300-040,-041,-042,-043,-044-0000; and
WHEREAS, Petitioner desires to convert the Subject Property to a Planned Unit Development,
consisting of 28 individually owned units (hereinafter referred to as the "Unit" or "Units" as the case
may be), pursuant to Article V of Chapter 14 of the Village Code of the Village of Mount Prospect
(hereinafter referred to as the "Village Code"); and
WHEREAS, a Public Hearing was held on the request for a Conditional Use for a Planned Unit
Development, being the subject of Case No. PZ-46-05 before the Planning and Zoning Commission
of the Village of Mount Prospect on the 22nd day of December, 2005, pursuant to due and proper
notice thereof, including publication in the Mount Prospect Journal and Topics on the ih day of
December, 2005; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and positive
recommendation to the President and Board of Trustees of the Village of Mount Prospect in support
of the request, which was the subject of Case No. PZ-46-05; and
WH EREAS, the President and Board of Trustees of the Village of Mount Prospect have considered
the request herein and have determined that the request meets the standards set forth in the Village
Code and that the granting of the proposed Conditional Use for a Planned Unit Development 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 ITS HOME RULE POWERS:
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Page 2/2
401-455 South Elmhurst Road
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: That the President and Board of Trustees of the Village of Mount Prospect do
hereby grant approval of a Conditional Use, as provided in Section 14.203.F.7 of the Village Code,
to allow for a Planned Unit Development as depicted in the Site Plan prepared by Edward J. Molloy
& Associates, dated December 8, 2005, as revised, and subject to the conditions set forth
hereinbelow.
SECTION THREE: 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. The Subject Property shall not be improved through the addition of accessory
structures (excluding fences), additions to the primary structures, or changes or
increases in the building footprints, including expansions of patios, except as shown
on the site plan prepared by Edward J. Molloy & Associates, date stamped
December 8, 2005;
2. The Petitioner shall provide a fact sheet, subject to the approval of the Director of
Community Development, to all prospective owners and purchasers of the Units prior
to the execution of any real estate contract for purchase of a Unit, which fact sheet
shall explain the types of structures that are permitted and prohibited to be
constructed outside of the Units, and notifies such prospective owners and
purchasers that there are two (2) parking spaces assigned per Unit with guest
parking only available to guests;
3. The Petitioner shall revise the landscape plan, prepared by Michael R. Newman,
dated October 16, 2005, to include seven (7) additional trees of varying species,
and modify the planting beds to include more year-round plant species of a hardier
nature; and
4. The Petitioner shall revise the Declaration Of Covenants, Conditions, Easements
And Restrictions, creating the Elmhurst Townhomes Homeowners Association, to
include a provision that prohibits dissolution of said Association unless consented to,
in writing, by the President and Board of Trustees of the Village of Mount Prospect.
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.
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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, Hoefert, Lohrstorfer, Skowron, Zadel
NAYS:
None
ABSENT:
Korn
PASSED and APPROVED this 1 ih day of January, 2006.
ATTEST:
.
~/[~
Mayor
Lm~fiti;~OO
M. Lis Angell
Village Clerk
H :\CLKO\files\ WI N\ORDI NANC\pud 401-455southelmhurstroad2005gw.doc
ELMHURST TOWNHOMES SITE PLAN
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ORDER NO.: 2005-1.395(SITE PLAN)
FILE: 12-41-11
PROJECT NO.: 1673
PREPARED BY:
EDWARD J. MOLLOY c!cASSOCIATES, LTD.
LAND Ie CONSl'RUCTlON SURVEYORS
1230 MARK STREET. BENSENVlll.E. IWNOIS 60106 (630)595-2600 FAX(630)595-4700