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HomeMy WebLinkAboutOrd 6614 03/01/2022 Amending Ordinance No. 5872 granting a conditional use permit for property located at 950 N. Elmhurst Road, Mount Prospect, IllinoisORDINANCE NO. 6614 AN ORDINANCE AMENDING ORDINANCE NO. 5872 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD MOUNT PROSPECTS ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 5872 entitled "AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) AND VARIATIONS (PARKING LOT SETBACK AND FOUNDATION LANDSCAPING) FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS", to operate a drive-through restaurant and certain variations for the property located at 950 N. Elmhurst Road at their regular meeting held August 16, 2011; and WHEREAS, the Petitioner, Frank Gawdun of Escencia Architecture, has requested to amend the existing conditional use, Ordinance No. 5872, to construct one (1) freestanding canopy over the drive-through lanes measuring nine feet and six inches in height (9'6") and one thousand three hundred thirty-four ( 1,334) square feet and one (1) canopy attached to the principle building, measuring nine feet and six inches in clearance height (9' 6") with a total area of five hundred eleven (511) square feet; and WHEREAS, a Public Hearing was held on the request to amend Ordinance No. 5872 and being the subject of PZ 23- 21 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of February, 2022, pursuant to proper legal notice having been published on in the Dilald Newspaper on January 26, 2022; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ 23-21; and WHEREAS, the Mayor 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 granting an amendment to Ordinance No. 5872 allowing construction of two (2) canopies over the existing drive-through lanes for property located at 950 N. Elmhurst Road 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: 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: Ordinance No. 5872 is hereby amended to allow for the construction of one freestanding canopy and one canopy attached to the principal building as illustrated on the site plans prepared Esencia Architecture dated November 15, 2021, by subject to the following conditions: 1. "A photometric plan signed and sealed by a professional engineer shall be submitted during the building permit review; and 2. A landscape plan detailing the addition and/or removal of trees and shrubs in the areas of canopy construction; and 3. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting regulations, landscaping regulations, sign code regulations and building regulations." SECTION THREE: 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: Filippone, Gens, Matuszak, Pissarreck, Saccotelli, Roegers NAYS: None ABSENT: None PASSED and APPROVED this 1st day of March, 2022 ATTEST: Karen M. Agoranos, illage Clerk pg. 2 of 2 ord 6514 Ma.1 40 aAj Prepared by: Klein Thorpe and Jenkins, Ltd. 20 North Wacker Drive Suite 1660 Chicago, Illinois 60606 (2881-062) Prepared on behalf of: Village of Mount Prospect PINs: 03-27-307-024-0000 Wall f'IIV'Iq,INI YI'Mlllmllf�i� KAREN A. YARBROUGH COOK, COUNTY CLERK DATE: 03!2212022 03:22 Pt'{ PC. 1 OF 7 [Above space for Recorder's Office] COOK COUNTY, ILLINOIS RECORDING COVER SHEET ORDINANCE NO. 6614 Ordinance No 6614, An Ordinance Amending Ordinance No. 5872 Granting A Conditional Use Permit for Property located at 950 N. Elmhurst Road, Mount Prospect, IL LEGAL DESCRIPTION: PARCEL 1 - LOT 1 IN RAND-ELMHURST SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST '/2 OF THE SOUTHWEST '/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE VILLAGE OF MT. PROSPECT, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 18, 1968 AS DOCUMENT 20707569, IN COOK COUNTY, ILLINOIS. PARCEL 2 — EASEMENT FOR DRIVEWAY PURPOSE, INGRESS AND EGRESS AND UNDERGROUND UTILITIES FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY THE DEED FROM F.C. BREHM, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 1, 1958 AND KNOWN AS TRUST NUMBER 580 TO THE FIRESTONE TIRE & RUBBER COMPANY, A CORPORATION OF OHIO, DATED NOVEMBER 16, 1964 AND RECORDED JANUARY 18, 1965 AS DOCUMENT NO. 19358929 AND AS AMENDED BY AMENDMENT AND GRANT OF EASEMENT AGREEMENT RECORDED OCTOBER 15, 1982 AS DOCUMENT 26382438. COOK COUNTY ASSIGNED ADDRESS: 950 N. Elmhurst Road, Mount Prospect, IL PIN: 03-27-307-024-0000 After recording return to: Recorder's Box 324 517821._.1 ORDINANCE NO. 6614 AN ORDINANCE AMENDING ORDINANCE NO. 5872 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD MOUNT PROSPECT ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 5872 entitled "AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) AND VARIATIONS (PARKING LOT SETBACK AND FOUNDATION LANDSCAPING) FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS", to operate a drive-through restaurant and certain variations for the property located at 950 N. Elmhurst Road at their regular meeting held August 16, 2011; and WHEREAS, the Petitioner, Frank Gawdun of Escencia Architecture, has requested to amend the existing conditional use, Ordinance No. 5872, to construct one (1) freestanding canopy over the drive-through lanes measuring nine feet and six inches in height (9'6") and one thousand three hundred thirty-four ( 1,334) square feet and one (1) canopy attached to the principle building, measuring nine feet and six inches in clearance height (9' 6") with a total area of five hundred eleven (511) square feet; and WHEREAS, a Public Hearing was held on the request to amend Ordinance No. 5872 and being the subject of PZ 23- 21 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of February, 2022, pursuant to proper legal notice having been published on in the 2i1+1!erald Newsa er on January 26, 2022; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ 23-21; and WHEREAS, the Mayor 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 granting an amendment to Ordinance No. 5872 allowing construction of two (2) canopies over the existing drive-through lanes for property located at 950 N. Elmhurst Road 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: 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: Ordinance No. 5872 is hereby amended to allow for the construction of one freestanding canopy and one canopy attached to the principal building as illustrated on the site plans prepared Esencia Architecture dated November 15, 2021, by subject to the following conditions: 1. "A photometric plan signed and sealed by a professional engineer shall be submitted during the building permit review; and 2. A landscape plan detailing the addition and/or removal of trees and shrubs in the areas of canopy construction; and 3. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting regulations, landscaping regulations, sign code regulations and building regulations." SECTION THREE: 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: Filippone, Gens, Matuszak, Pissarreck, Saccotelli, Roegers NAYS: None ABSENT: None PASSED and APPROVED this 1st day of March, 2022 ATTEST: Karen M. �rano,,l age Clerk pg. 2 of 2 ord 6514 PROJECT DIRECTORY ' SHEETINDEX s1 -A iw. i>E r.w� roar ,a tuff_".. _ e�,ut wz cw.r} Alk; + R rew f� a rcrmcxt.. au+ PRG.£LT �?ANA6ER: pNNIL'P �!t't'� 1 � K"E r SWPP GENERAL NOTE I K.,�rxtxxna+nnxn LEGAL DESCRIPTION i' . 03--s�7-307-ci2.q' GOVERNING CODES QQ SITE PLAN KEYED NOTES ! 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'r-` uys sP;xeus s,=.. as } s..o ra - �� rX1 ° A. 37 F, `F'� " FxlsTiw��`- /� rel - - ;5 i a__t, LH4GK-Fel-A ti7g tom+, 4- fJrB c� VJ A;-', t! ----------- G,� 00 O o f G >! �`�� l p J---------- eco ,. \B �� '�! .. ` d •- '* 1 i —=- '�- '"� �' r `� APPROVAL BLOCK I Y W 2 a U' "IV LL , \. _ - } G? I . , --� ' —__ __—__—__ __— r � CL -,; y�i -e - ® �>• - LJ0 _'f` j �IE� it 1 z a lo Linc# 22081220.31 Fee $63.00 \ r ---------- 'KAREN P. YAkHROUfN `i.@OK COUNTY CLERK T!fl'E= 03(2212022 63:22 Pte PGS 1 OF 7 Pt4jeC2 D81a Overall Site Plan L A-1 j LEGEND GENERAL NOTES (-)CONSTRUCTION NOTES - MEAL DELIVERY E{I r tw.rr �re�' ! +���� ryxcnwwrus _oar uc w�� w ratsw� -wp rgzPes �ti6 t � P >� rFae rtE FiasrPts Exe�rort a�tt�e s*e+wv.ssmmrn �� f rtav, of Hu.+tmw�t-ntw. �re�tB. NO Emr� ta Staxa. �� E%ISTINS rFw can c�nmP• Paz s �� car�e+€�xe rra++cw�cxo ae c+eJsrw xre tae. - GN;GK-FIL-A I rc sun PwxcauP�smru rxar cw:xsa leers cc�xacaarr& .xPa!�stmt, wvr 44 f�N6 stJ cacm-c*�%¢c mxi a•tt.t.t¢s2-:.nar��6ro:u+ru'tc e.'Pa6 eaww r -'ares do rkw rc Penta. 3i CClt�st,e9lfff Ea6raG.lut [R+.wV-h wnF.>'ws tT. cF cuLw_Aaatm WLTT w -n : ' t. 64, 5Mx1[Crsiaw wrE-GG'/M Gen wFJw.r tGcniiat GFn m t � r � E I �- - - � u I � _ r'-� � [�- �-•m_ xit .a19. � Nt :Rwumn M1 PA.. 0�e�)vi_I�C� 0A 0- .�-Y�-�."" . ([ exsnea ee vUm+.«P ��srewae � i i ecc4ia-rac E--r?-3 ct-<e.ex�s -.rye _ I nai P:ucrittrnml Pcaemeaeee.�rs �4 �6N?L �3�� CANOPY9�IS€fiL9�A'T8C3 APs add - MEAL EL7AgEi2Y CANOPY TYPICAL �O.LLARD.DE¥TAIL SCALE- it8° _ !'-O° iP€ STRLri. DRMHlGS ��. 3l6` = I�-p^ CONSTRUCTION NOTES - FACE TO FACE a i LE - - E CC -------------- E urPns 5rusiam �eN asoaf+�• ' rvPaa�ruv+rvw+e!iw: �*eeeN ren uo ens cat sPeue. i •.• w� f 0 ------------------- � ori i(i i Doc# 22081: 2031 Fee $63.00 KA RCN A. YARBROUGH j ecs a+6 cat xw sx� COOK COUNTY CLERK ..tarn j PATE: 0312212622 63:22 PM PG: 1 OF 7 3 .L� I Ci esencia CID Q00 Lo N W to YW =a U0 w oOf � _a U U} m SE Enlarged Canopy Plan A-2