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HomeMy WebLinkAboutOrd 5684 B 04/15/2008 ORDINANCE NO. 5684-B AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 1700 EAST EUCLID AVENUE 1303 WOLF ROAD, AND A PORTION OF COMMONWEALTH EDISON RIGHT OF WAY, MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 15th day of April, 2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of April, 2008 gw 2/12/08 mla 2/12/08 we 4/2008 ORDINANCE NO. 5684-B AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 1700 EAST EUCLID AVENUE, 1303 WOLF ROAD AND A PORTION OF COMMONWEALTH EDISON RIGHT OF WAY, MOUNT PROSPECT, ILLINOIS WHEREAS, Gendell Partners Euclid & Wolf, LLC (Petitioner), has filed a petition for a Conditional Use permit for a retail center with drive-through access and Variations with respect to property located at 1700 East Euclid Avenue, 1303 Wolf Road and a Portion of Commonwealth Edison Right-of-Way ("Property") and legally described on the attached Exhibit "A"; and Property Index Numbers: 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a retail center with drive through access; and WHEREAS, the Petitioner seeks Variations to allow less than a ten foot (10') landscape setback along the perimeter of the property; North - 4', South - 7' (at narrowest setback) -, West - 7' (at narrowest setback) and to allow a building height of thirty-six feet, four inches (36' 4") both as shown on the Petitioner's site plan and elevations prepared by OKW Architects dated February 11,2008. WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ-31-06 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of September, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-31-06; 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 drive-through 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 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: Approval of the Conditional Use permit is subject to compliance with the following conditions: 1. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated to store stormwater detention. 2. Wolf Road is under the jurisdiction of the Illinois Department of Transportation and Euclid Avenue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. Page 2/2 PZ-31-06 3. Development of the site in general conformance with the site plan prepared by OKW Architects dated February, 2008 but revised to include 3-sided enclosures constructed from a brick material that matches the building or smaller size, colored CMU material. 4. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated February 11, 2008, but revised to include more low-growing, year-round plants along the south lot line and extend parkway trees and landscaping to the end of the property lines. 5. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record 6. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. 7. 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. 8. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must be done as noted in Section 15.402 of the Village Code. 9. The drive-through lane shall not be used as a de facto loading zone. 10. Prior to issuance of a Building Permit, the Petitioner must provide the Village with an executed copy of an agreement with the Northwest Water Commission authorizing construction of improvements over the 48" water transmission main on the subject property. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, for a retail center with drive-through access, all as shown on the Site Plan dated February 11, 2008 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: Hoefert, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: Corcoran, Wilks ABSTAIN: Juracek PASSED AND APPROVED this 15th day of April 2008. 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