HomeMy WebLinkAboutOrd 5646 08/21/2007
ORDINANCE NO. 5646
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIATION FOR PROPERTY LOCATED
AT 401 EAST KENSINGTON ROAD
Passed and approved by
the President and Board of Trustees
the 21sT day of August 2007.
Published in pamphlet form
by authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
22nd day of August 2007.
be 8/17/07
mla 8/17/07
ORDINANCE NO. 5646
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION
FOR PROPERTY LOCATED AT 401 EAST KENSINGTON ROAD
WHEREAS, Terra Architects, Inc., ("Petitioner") has filed a petition for a Conditional Use permit in the nature
of a Planned Unit Development and Variation with respect to property located at 401 East Kensington Road
("Subject Property") and legally described as follows:
The West 400 feet of the North 217.8 feet of the Northeast quarter of the Northeast
quarter of Section 34, Township 42 North, Range 11, East of the Third Principal
Meridian in Cook County, Illinois; (Except the West 66 feet thereof) of Section 34,
Township 42, Range 11, East of the Third Principal Meridian, in Cook County, Illinois.
Property Index Number: 03-34-201-008-0000; and
WHEREAS, the Petitioner seeks to create a Planned Unit Development providing for the construction of an
eleven (11) unit townhome development; and
WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use
permit and Variation being the subject of PZ-16-07 before the Planning and Zoning Commission of the Village
of Mount Prospect on the 28th day of June, 2007, pursuant to proper legal notice having been published in the
Mount Prospect Journal & Topics on the 9th day of May, 2007; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and a negative recommendation
to the President and Board of Trustees of the Village of Mount Prospect; and
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 requests meet the standards of the Village and that the
granting of the proposed Conditional Use permit for a Planned Unit Development and a Variation to allow a ten
foot (10') setback for the twelve (12) guest parking spaces is 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: The recitals set forth hereinabove are incorporated as findings of fact by the President and
Board of Trustees of the Village of Mount Prospect.
SECTION TWO: That the Conditional Use Permit in the nature of a Planned Unit Development being the
subject of this Ordinance is subject to the following conditions:
A. Prior to the issuance of a building permit, the Petitioner shall make a contribution to the Mt.
Prospect Park District for fifteen (15) trees;
B. Prior to the issuance of a building permit the Petitioner shall install one (1) tree behind each home
that abuts the 303 E. Rand property;
C. The Petitioner shall prepare elevations that specify the building materials and documents the
town homes comply with the Village's 28' height limitation;
D. Development of the site and floor plans in general conformance with the plans prepared by Terra
Architects revision dated August 15, 2007 but revised to include a 20' wide fire lane/no
parking in the drive aisle requirement;
E. Development of the elevations in general conformance with the exhibits prepared by Terra
Architects revision dated August 15, 2007;
Page 2/2
PZ-16-07
F. Development of the site in general conformance with the landscape plan prepared by Pamela
Self, revision date August 15, 2007, but revised to:
1. provide at least 50% more landscaping than is required by Village Code, and
2. include additional year-round materials to screen the garages and enhance the view
for the Kensington Road frontage;
G. Prior to issuance of a Building Permit, the Petitioner shall submit a plat of dedication that
dedicates an additional 17' of right-of-way (ROW) to provide a full 1 00' ROW for Kensington
Road;
H. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with
the Village's lighting regulations for the lighting within the development and includes low level
lighting and 4' fixtures for the area adjacent to the guest parking;
I. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's
association documents for Staff review and approval;
J. Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit a cross access
agreement and plat of easement to ensure perpetual access to/from the western driveway; and
K. The Petitioner shall construct all units according to all Village Codes and regulations, including,
but not limited to: the installation of automatic fire sprinklers, fire hydrants and roads must be
located and constructed to Development and Fire Code standards;
L. The Petitioner shall pay all outstanding property maintenance fines and provide proof that the site
will be maintained on a consistent basis.
SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant
approval of a Conditional Use permit and Variation as provided in Sections 14.203.F.7 & Sec. 14.203.C.7 of
the Village Code, for a Planned Unit Development for an eleven (11) unit townhome development, all as
shown on the Site Plan revision dated August 15, 2007 a copy of which is attached hereto and hereby made a
part hereof.
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, Hoefert, Juracek, Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 21st day of August 2007.
~ j{ tffi&
Irvana K. Wilks
Mayor
ATTEST:
\~~cJ~{traJ
M. Lisl'Angell
Village ClerkH:\CLKO\files\ IN\ORDINANC\C USE401 eastkensmgtonaugust2007 ord 5646.doc
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