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Home My WebLink AboutOrd 5730 04/08/2009 ORDINANCE NO. 5730 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT aoo NORTH RIVER ROAD, MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the ath 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. 5730 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATION FOR PROPERTY LOCATED AT 800 NORTH RIVER ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Ryal, LLC (Petitioner), has filed a petition for a Conditional Use permit for a commercial multi- tenant building with drive through access and Variation for parking with respect to property located at 800 North River Road (Property) and legally described as: Lot 2 in Kensington Creek, A Resubdivision of Part of Lot 4 in the owner's subdivision in the Southeast Yi of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property Index Number: 03-25-400-018-0000; and WHEREAS, the "Petitioner" seeks a Conditional Use permit to redevelop the site from a car wash to a commercial multi-tenant building with drive through access; and WHEREAS, the "Petitioner" seeks Variation to reduce the number of required parking spaces from nineteen (19) to eighteen (18) as shown on the "Petitioner's" site plan prepared by Jakl Brandeis dated November 11, 2008, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variation being the subject of PZ-05-09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of February, 2009; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees of the Village of Mount Prospect for the request being the subject of PZ- 05-09; 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 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. SECTION TWO: Approval of the Conditional Use and Variation is subject to compliance with the following conditions: A. Prior to the issuance of a development permit, the petitioner shall provide civil engineering drawings for review and approval by the Village. The engineering drawings shall illustrate the existing conditions, demolition of the site/building to be removed, and proposed improvements. The proposed plans must include details of the pavement marking, signage, grading, and utility improvements. B. Development of the site in general conformance with the site plan prepared by Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30, 2009. The site plans shall be modified to reflect the following changes: a. The plan needs to show the existing topography in the right of way adjacent to the site. b. The one-way, westbound exit from the drive-through should taper down to twelve feet (12') to discourage traffic from entering the wrong way. Page 2/2 PZ-05-09 C. A detailed landscape plan in accordance to the landscape requirements of Article 23 of the Zoning Code shall be submitted for staff review and approval. The landscape plan shall detail both new proposed plantings and existing landscaping on the property. D. Any work in either Kensington Road or River Road rights of way will require a permit from the Illinois Department of Transportation (IDOT). E. Development of the elevations in general conformance with the building elevations prepared Jakl Brandeis dated November 11, 2008 and received by the Community Development Department on January 30, 2009. The rear elevation shall be modified to reflect the following change: a. The concrete block shall be replaced with brick along the building's north facade. F. If new outdoor lighting will be provided, prior to the issuance of a building permit, the petitioner shall submit photometric plans and drawings (cut sheets) that satisfy the Village's code requirements for illumination. G. The Petitioner shall construct the building in accordance to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers and fire alarm systems. Additional fire hydrants may be necessary. H. 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. I. Hours of operation for the restaurant are restricted to 6:00 a.m. to 11 :00 p.m., seven days a week. J. Installation of a Captrate Combo Filter system and a separate pollution control device to control cooking/food odors and pollutants emitted from the restaurant. K. Installation of a digital wireless control system designed to limit the sound from the drive through speaker to the patron and the restaurant employee. The speaker system for the drive through shall be located on the east side of the building. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variation for redevelopment of the subject property from a car wash to a commercial multi-tenant building with drive-through access, all as shown on the site plan dated November 11, 2008 a copy of which is attached and made a part hereof as Exhibit "A." 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, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 8th day of April 2009. jj" y Jtat- Irvana K. Wilks Mayor Ktf~ , ~F~ . Li gell Village Clerk H :\C LKO\WI N\ORDI NANCE2\C USE, V AR-pz05-09800n riverrdma rch2009 .doc 2 135.00' ~ \J1 ~ ~ ~ ~ '" 1O'-O"R(A,IIYAROS[lIA(l "-. '0 i~ Crl 60# 80# LO# 90# <.;0# vo# [0# w# 10 iil~ - \ ~ )> ~ - - Z \ 0 ~ ~ ~ #12 #11 #10 I 11' l~ ~ "" 11' U> "" CJ'> I'V I'V :~ (Jl ~I "" 18. '" LN "" '" ~ I'l Z "'" UJ '" Z C) ----1 0 Z ::::0 ~ CJ B H H I I I . . \ n I : ;' ~ co : i ~ S I "in i L:L_- ~~ ~~; ~ ~ ;0..:;.... --1 ,'i .. .! 6 !/' ~~~~ ;z ij~~ ~ 0 iH I I I I n~~ 135.04' N. RIVER RD rn u ISSUE DATE 11-11-0 JAKL BRANDEIS ARCHITECTS L ro. 1800 HAWTHORNE LANE WEST CHICAGO. ILLINOIS 50185 PH. (6JO) o~ fAX (6JO) 062-2570 FAST FOOO RESTAURANT ANO RETAIL 800 NORTH RIVER ROAD MOUNT PROSPECT. ILLINOIS " COPE R[VISIQN-2 PDF created with pdfFactory Pro trial version wwwpdffactorvcom o