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Home My WebLink AboutOrd 5712 10/21/2008 ORDINANCE NO. 5712 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATE AT WAL-MART, 930 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 21 sl day of October, 2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22nd day of October, 2008. ORDINANCE NO. 5712 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT WAL-MART, 930 EAST RAND ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Manhard Consulting Ltd., ("Petitioner"), has filed a petition for a Conditional Use permit to allow for a drive through and a parking setback Variation with respect to property located at Wal- Mart, 930 East Rand Road ("Property") and legally described as: Parcel 1: Lot 1 in Wal Mart Subdivision, being a subdivision in the southwest % of Section 35, Township 42 north, Range 11, east of the Third Principal Meridian, according to the plat thereof recorded June 25, 1992 as document number 92461456 and the corrected plat recorded September 2,1992 as document number 92651280, in Cook County, Illinois. Parcel 2: Non-exclusive easements for parking ingress, egress, access and lighting, for the benefit of parcel 1, as established by the agreement recorded September 28, 1990, as document number 90474272, in Cook County, Illinois; and Property Index Numbers: 03-35-302-013-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a drive through at the southeast corner of the existing structure to allow for two (2) drop off lanes for pharmacy and a loading zone for merchandise pickup; and WHEREAS, the Petitioner seeks a Variation to allow an eight (8') foot parking setback along the north property line to allow for installation of a trash compactor and maintain the required twenty (20') foot fire lane around the existing structure; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the subject of PZ-22-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 25th day of September, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10th day of September, 2008; 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-22-08; 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 to allow construction of a drive through and parking setback Variation 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. Page 2/3 PZ-22-08 SECTION TWO: Approval of the Conditional Use permit is subject to compliance with the following conditions: A. Sign permits, in accordance with the current sign regulations and requirements of the Village of Mount Prospect, shall be issued for each proposed sign. B. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements. C. Development of the site in general conformance with the site and landscape plans prepared by Manhard Consulting, LTD. dated September 11,2008 and received by the Community Development Department on September 15, 2008. The site plan shall be modified to reflect the following changes: a. A thirty (30) foot access easement shall be provided to the east of the existing detention basin to provide future cross-access between the subject property and the neighboring property to the north. The easement shall be recorded with the property prior to the issuance of a building permit and shall be aligned with the drive aisle immediately to the east of the basin. b. The existing four legged intersection located in the southeast corner of the subject property (adjacent to Charter One Bank) shall remain in its current configuration. Plans shall be revised to maintain the fourth leg of this intersection to maintain access to the south end of the parking lot from this drive aisle. D. Development of the elevations in general conformance with the building elevations prepared by Shade Lawrence O'Quinn, dated September 10, 2008, and received by the Community Development Department on September 15, 2008. E. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans that satisfy the Village's code requirements for illumination. F. The Petitioner shall construct all building additions 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 according to Development and Fire Code standards. Where applicable, the buildings will also require the installation of a stand pipe system. G. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit for a drive through and a parking setback Variation, all as shown on the Site Plan dated September 11, 2008 a copy of which is attached and made a part this ordinance. Page 3/3 PZ-22-08 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, Matuszak, Polit, Zadel NAYS: None ABSENT: Juracek PASSED AND APPROVED this 21st day of October 2008. ~KIr~ Irvana K. Wilks Mayor ATTEST: H :\CLKO\WI N\ORDI NANC\C us EV AR-walmartoct2008.doc / /' ! I lIS n !J " " " I~I / " I ~ ./ ./ ./ /' ,,,' i 'II II! I ~ I S 'Ii III I ~ @ s : i I I!I ;11 ! . I /. / n !; II i 'i' i s III i II L ! 'Iii i I.. i II i i J I ~ d , ~ a a €; ".~;;~ ~; ".~.s ~""l!, ~H"~' ~ma~a ~a aaa~a @8 @,,",,@@)@)(;J @ j in ; I i II !iil i !in Ii I! !!~I ~ :1/ II I: !l:! ~ ill _I'o~i' , . ! _III' 5 ~:l i ! '11- '! ~ I- ' !. J;; I; I, '1 ~ !.I P ~ I. 0 Ii ! II I! 11 . !! 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