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Home My WebLink AboutOrd 5729 04/08/2009 ORDINANCE NO. 5729 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 501 MIDWAY DRIVE Passed and approved by the President and Board of Trustees the 8th day of April, 2009 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 9th day of April, 2009. ORDINANCE NO. 5729 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 501 MIDWAY DRIVE WHEREAS, Niagara Educational Services, Inc. (Petitioner) has filed a petition for a Conditional Use permit to operate a community center and school with respect to property located at 501 Midway Drive, (Property) and legally described as: Lot 1 in Vavrus Subdivision, being a Resubdivision of part of Lot 2 in Northway Investment Subdivision of part of the Southeast 'X of the Southeast 'X of Sec. 23, Township 41 North, Range 11, east of the 3rd Principal Meridian, according to the Plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on December 18, 1980 as Document Number LR-3194655. Property Index Number: 08-23-402-010; and WHEREAS, the "Petitioner" was granted a Conditional Use permit on the "Property" to operate a school and Community Center on June 19, 2007, Ordinance No. 5633; and WHEREAS, the community center was never completed and the Conditional Use permit issued June 19, 2007 has expired; and WHEREAS, the "Petitioner" has since expanded the scope of the project by increasing the school's area by 11,115 square feet with the addition of a second level of classrooms, and seeks a Conditional Use permit to operate a 42,614 square foot community center and a 29,569 square foot school at 501 Midway Drive as shown on the "Petitioner's" site plan by Gensler dated January 31, 2008, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for Conditional Use permit being the subject of PZ-29-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of Februa~, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 7' day of January, 2009; 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-29-08; and WHEREAS, the President 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 that the granting of the proposed Conditional Use permit 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 permit, to allow the operation of a community center and school at 501 Midway Drive, as shown on the site plan, a copy of which is attached and made a part hereof as Exhibit "A" SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions: 1. Development of the site and the school portion in general conformance with the plans prepared by Gensler date stamped January 31, 2008; 2. Development of the community center portion in general conformance with the plans prepared by Sigma Engineering, Inc., stamped November 7,2008. 3. Striping and designation of one side of Midway Drive and the bulb of the cul-de-sac as "No Parking Fire Lane" as noted on the attached Exhibit "B" prepared by the Fire Department; PZ-29-08, 501 Midway Drive Page 2/2 4. Submittal of a landscape plan in compliance with Village's Zoning Ordinance, including the installation of 5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southwest portions of the parking lot; 5. Submittal of a photometric plan in compliance with the Village's Zoning Ordinance. 6. Based on the number of parking spaces provided on the property, occupancy of the school shall be restricted to 195 persons. Enrollment records shall be submitted to the Director of Community Development on an annual basis at the beginning of each school year, or upon the request of the Director of Community Development. 7. As stated in the Village's Building Code, where a building contains two or more occupancies and where they share portions of the same means of egress system, those egress components shall meet the more stringent requirements of all occupancies that are shared. Proposed construction drawings for the project shall comply with the Village's egress, Building, and Fire Code requirements. 8. 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. 9. Develop the site in conformance with all Village Codes. SECTION FOUR: That 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, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 8th day of April, 2009. ~/~ 5.I;:/It Irv na . 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