HomeMy WebLinkAboutOrd 6666 02/07/2023 Granting A Conditional Use (Drive-Through Lanes) and A Variation (Parking Lot Setback) for Property Located At 915 East Rand Road, Mount Prospect, ILPrepared 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:
03-35-307-009-0000
Above
IIIIIGilllllll��llnlllllllllllll
Doc# 2306834000- Fee $67.00
RH5P FEE:$9.00 RPRF FEE: $1.00
KAREN A. YARBROUGH
COOK COUNTY CLERK
DATE: 03109/2023 10:22 AM PG: 1 OF 9
lace for Recorder's Office
COOK COUNTY, ILLINOIS
RECORDING COVER SHEET
ORDINANCE NO. 6666: ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-
THROUGH LANES) AND A VARIATION (PARKING LOT SETBACK) FOR
PROPERTY LaOCA'"i:ED AT 915 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS
LEGAL DESCRIPTION:
CONTAINED WITHIN ORDINANCE
COOK COUNTY ASSIGNED ADDRESS: 915 East Rand Road, Mount Prospect, IL
PIN: 03-35-307-009-0000
After recording return to:
Recorder's Box 324
549516,, ,,,,,1
MY 6 e 119, 15 '111
'ON1 'S 1 03 1 lHO23V
14
kk
2
c
M
R
N
N�l
i
...........
D
.... - ----------
C.", Gle
...........................
C-,'
(R) C)
Q
.
Q
..... .. - ----------
. ...... . ........
.. ....
IS
. . .. .
E)
.
ORDINANCE NO. 6666
AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) AND A
VARIATION (PARKING LOT SETBACK) FOR PROPERTY LOCATED AT
915 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS
WHEREAS, LuAron Foster of Raising Cane's Restaurants LLC (Petitioner), has filed a petition for
a Conditional Use to operate a drive-through restaurant and a Variation (parking lot setback)
for property located at 915 East Rand Road (Property) and legally described as:
LOT 1 IN CENTURY RESUBDIVISION OF PARTS OF LOTS 2, 3 AND ALL OF LOT 4 IN BLOCK 2 IN
FRANK SERAFINE'S THIRD ADDITION BEING A SUBDIVISION IN THE SOUTH WEST* 1/4 OF
SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF SAID CENTURY -RESUBDIVISION REGISTERED IN THE OFFICE OF
THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 17, 1976, AS
DOCUMENT NUMBER 2912036, IN COOK COUNTY, ILLINOIS.
EXCEPT THAT PART DESCRIBED AS FOLLOWS:
THAT PART OF LOT 1 IN CENTURY-RESUBDVISION, BEING A SUBDIVISION IN THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN*, ACCORDING TO THE PLATTHEREOF RECORDED DECEMBER 17, 1976 AS TORRENS
DOCUMENT NO. 2912036 IN COOK COUNTY, ILLINOIS, BEARINGS* AND DISTANCES BASED ON
THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83 (2011 ADJUSTMENT)
WITH A COMBINED SCALE FACTOR OF 0.99996302, BEING DESCRIBED AS FOLLOWS*:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY
ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 (ALSO BEING THE SOUTHWESTERLY RIGHT-
OF-WAY LINE OF RAND ROAD) BEING A 2172.46 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY AN ARC DISTANCE OF 176.60 FEET (THE CHORD BEARS SOUTH 54 DEGREES
46 MINUTES 47 SECONDS EAST, 176.55 FEET): THENCE SOUTH 57 DEGREES 04 MINUTES 58
SECONDS EAST, 60.3 FEET* ALONG SAID NORTHEASTERLY LINE OF SAID LOT 1 TO A POINT
ON THE WESTERLY RIGHT -OF -WAY LINE OF MOUNT PROSPECT ROAD AS ACQUIRED BY THE
ILLINOIS DEPARTMENT OF TRANSPORTATION PER CONDEMNATION CASE NO. 78 L 16042;
THENCE SOUTH 38 DEGREES 16 MINUTES 21 SECONDS EAST, 25.28 FEET ALONG SAID
WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 18 DEGREES 37 MINUTES 43 SECONDS EAST,
25.28 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1 (ALSO BEING THE WEST RIGHT OF
WAY LINE OF MOUNT PROSPECT ROAD AS PER TORRENS DOCUMENT NO. 3074014, RECORDED
APRIL 23,1980): THENCE SOUTH 00 DEGREES 10 MINUTES 55 SECONDS WEST, 151.40 FEET
ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89
DEGREES 49 MINUTES 05 SECONDS WEST, 32.04 FEET ALONG THE SOUTH LINE OF SAID LOT
1 (ALSO BEING THE NORTH RIGHT OF WAY LINE OF CENTRAL ROAD): THENCE NORTH 39
DEGREES 14 MINUTES 03 SECONDS EAST, 26.00 FEET TO A POINT 13.40 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER OF
SECTION 35; THENCE NORTH 00 DEGREES 09 MINUTES 21 SECONDS WEST, 145.00 FEET
ALONG SAID PARALLEL LINE; THENCE NORTH 36 DEGREES 52 MINUTES 02 SECONDS WEST,
44.00 FEET TO A POINT ON A LINE 6.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID
NORTHEASTERLY LINE OF SAID LOT 1; THENCE NORTH 57 DEGREES 04 MINUTES 58 SECONDS
WEST, 41.63 FEET ALONG SAID PARALLEL LINE TO A POINT ON A 2178.46 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY AND BEING 6.00 FEET SOUTHWESTERLY OF AND PARALLEL
WITH SAID NORTHEASTERLY LINE OF LOT 1; THENCE NORTHWESTERLY ALONG SAID CURVE
AND PARALLEL LINE 177.09 FEET (THE CHORD BEARS NORTH 54 DEGREES 46 MINUTES 47
SECONDS WEST, 177.04 FEET) TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE
NORTH 37 DEGREES 33 MINUTES 03 SECONDS EAST 6.00 FEET ALONG SAID WESTERLY LINE
P7.-01 -23
TO THE POINT OF BEGINNING.
PROPERTY INDEX NUMBER: 03-35-307-009-0000; and
WHEREAS, the "Petitioner" seeks (1) a Conditional Use to allow for dual drive-through lanes,
including the construction of two freestanding canopies over the drive-through consisting of one
drive-through canopy measuring ten feet in clearance height (10'-0") with a total area of one
thousand three hundred forty-four square feet (1,344 SF) and one pick-up window canopy
measuring twelve feet eight inches in clearance height (12'-8") with a total area of three
hundred ninety-nine square feet (399 SF), one three-foot tall knee wall along the Rand
Road/Mount Prospect Road frontage, and the installation of signage as illustrated in the
drawings dated 12.21.22 from ADA Architects and the signage brand book dated 12.19.22
prepared by AGI; and (2) a Variation to reduce the parking lot setback from ten feet (10') to six
and seven tenths feet (6.7') and to nine and three tenths feet (9.3') along the east property line
(Rand Road frontage) as shown on the site plan, a copy of which is attached and made a part of
as Exhibit "A"; and
WHEREAS, a Public Hearing was held on the requests for a Conditional Use and a Variation
being the subject of PZ -01-23 before the Planning and Zoning Commission of the Village of
Mount Prospect on the 26th day of January, 2023, pursuant to proper legal notice having been
published in the Daily Herald on the 11th day of January, 2023; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations to the President and Board of Trustees in support of the request being the
subject of PZ -01-23; 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 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: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant a Conditional Use to allow for dual drive-through lanes, including the construction
of two freestanding canopies over the drive-through consisting of one drive-through canopy
measuring ten feet in clearance height (10'-0") with a total area of one thousand three hundred
forty-four square feet (1,344 SF) and one pick-up window canopy measuring twelve feet eight
inches in clearance height (12'-8") with a total area of three hundred ninety-nine square feet
(399 SF), one three-foot tall knee wall along the Rand Road/Mount Prospect Road frontage, and
the installation of signage as illustrated in the drawings dated 12.21.22 from ADA Architects
and the signage brand book dated 12.19.22 prepared by AGI, subject to the following
conditions:
1. The hours of operation of the restaurant and drive-through shall be restricted to 10 AM
to midnight daily;
2. The proposed temporary sign located on the south elevation may be changed without
requiring a permit for the duration of the proposed temporary sign in that location on
the building. No other temporary sign shall be allowed on the south elevation unless this
sign is removed;
3. The Petitioner shall address all comments included in the Village review letter dated
January 19, 2023;
4. Additional evergreen plantings shall be added on the west side of the site along Albert
Street between the parking lot and the residential area;
5. The Petitioner shall undertake the Albert Street improvements in substantial
conformance with the preliminary civil engineering drawings dated 01/13/2023 and
submitted to the Village on 02/17/2023. The Petitioner agrees to undertake the Albert
Street improvements at the Petitioner's sole expense; however, Petitioner shall allow the
Village to participate in sharing a portion of the costs of the Albert Street improvements
should the Village choose to contribute. The participation of the Village is at the
discretion of the Village and shall not exceed fifty percent of the mutually agreed upon
project costs. The Albert Street improvements shall include the addition of a shared left-
turn/through lane, a dedicated right -turn lane, and the relocation of all necessary right-
of-way fixtures. Should the Albert Street improvements require plan review, approval,
permitting and inspection of the Illinois Department of Transportation (IDOT), the
Village shall use its best and reasonable efforts to support the Petitioner in gaining the
required consent from IDOT.
SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant a Variation to reduce the parking lot setback from ten feet (10') to six and seven
tenths feet (6.7') and to nine and three tenths feet (9.3') along the east property line (Rand
Road frontage) as shown on the site plan, attached as Exhibit "A", subject to the following
conditions:
1. Development of the site in general conformance with the plans prepared by Kimley-Horn
dated 01/13/2023;
2. The Petitioner shall address all comments included in the Village review letter dated
January 19, 2023;
3. Submittal of landscape, irrigation, and photometric plans that comply with Village codes
and regulations;
4. Wayfinding signage and site signage shall be installed to the satisfaction of the
Engineering Division to ensure safe and efficient movement;
5. Sidewalk across driveways must be poured separately from the aprons;
6. The existing water service shall be disconnected at the main and a new tap will have to
be made for the new service by means of a pressure connection;
7. The trash enclosure will need to be covered; otherwise, the nearby drain is to be
connected to the storm sewer system;
8. On-site easements that will no longer be necessary shall be vacated;
9. A permit from IDOT will be required for any work within the Rand Road and Central
Road rights-of-way;
10. 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 FOUR: The Village Clerk is hereby authorized and directed to record a certified copy
of this Ordinance and Exhibit "A" 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 in the manner provided by law.
AYES: Filippone, Gens, Matuszak, Rogers, Saccotelli, Zadel
PZ -01-23
NAYS: None
ABSENT: None
PASSED AND APPROVED this 7th day of Fehruq�y,,12023
Paul Wm. Hoefe
Mayor ,
ATTEST:
Karen M. Agoranos�
Village Clerk
EXHIBIT A
SITE PLAN
F.
F
LEGEND
RAISING CANES
RESTAURANT
91, P RMD ROQ
4OU NTPROS-CT,u 60056
PROTOTYPE 6EN-AV
C3
STORE NRC268
Z
130
A I
LLJ
R 0 1-�F
SITE NOTES
FOR REVIEW ONLY
Kiqe Morn
'T, Z
tad=l
SITE KEYNOTE
PLAN
DATE 01113/2D23
7-km7--"'
C5.0