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HomeMy WebLinkAboutOrd 5872 08/16/2011The Cover Sheet was prepared, under direction, by: Leslie Schmidt Senior Paralegal Klein Thorpe and Jenkins, Ltd. 20 North Wacker Drive Suite 1660 Chicago, IL 60606 (2881 -062 LAS) IIIIIIIIIIIIIIIII 1124245060 D00'. 1124245060 Fee: $44.00 Eugene "gene" Moore cook county Recorder of Deeds Date: 08130/2011 03:16 PM Pg 1 of 5 for Recorder's COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR Ordinance No. 5872, AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE- THROUGH LANES) AND VARIATIONS (PARKING LOT SETBACK AND FOUNDATION LANDSCAPING), FOR PROPERTY LOCATED AT 950 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS," approved August 16, 2011 (with Exhibit). Respective Permanent Index Number: 03 -27- 307 - 024 -0000 After recording return to: RECORDER'S BOX 324 ( LAS 2881 -062) 2707491 MAYOR d Mktg VILLAGE MANAGER Irvana K. Wilks Michael E. Janonis TRUSTEES VILLAGE CLERK Paul Wm. Hoefert M. Lisa Angell Arlene A. Juracek A. John Korn Phone: 847/392 -6000 John J. Matuszak Fax: 847/392 -6022 Steven S. Polit TDD: 847/392 -6064 Michael A. Zadel urww.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of Mount Prospect and as such, am keeper of the records and files of said Village. I do further certify that attached hereto is a true and correct copy of Ordinance No. 5872, "AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE- THROUGH LANES) AND VARIATIONS (PARKING LOT SETBACK AND FOUNDATION LANDSCAPING FOR PROPERTY LOCATED AT 950 NORTH ELMHURST ROAD" passed at the regular meeting of the President and Village Board of Trustees held August 16, 2011 at which time the Village Board voted as follows: AYES: Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Hoefert, Matuszak all as appears in the official records and files of the Village of Mount Prospect. Dated this 17 day of August 2011. M. Lisa Angell Village Clerk Village of Mount Prospect (Seal) Cook County, Illinois ORDINANCE NO. 5872 AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE - THROUGH LANES) AND VARIATIONS (PARKING LOT SETBACK AND FOUNDATION LANDSCAPING) FOR PROPERTY LOCATED AT 950 NORTH ELMHURST ROAD, MOUNT PROSPECT ILLINOIS WHEREAS, Chick- fil -A, Inc. (Petitioner) has filed a petition for a Conditional Use to operate a drive - through restaurant and Certain Variations (parking lot setbacks and foundation landscaping) for property located at 950 North Elmhurst Road and legally described as: Lot 1 in Rand - Elmhurst Subdivision being a Subdivision of part of the East'/ of the Southwest % of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in the Village of Mount Prospect, according to the Plat thereof recorded December 18, 1968 as Document 20707569, in Cook County, Illinois. Property Index Number: 03 -27- 307 - 024 -0000; and WHEREAS, the "Petitioner" seeks (1) a Conditional Use to operate a restaurant with drive - through lanes, (2) a Variation to reduce the parking lot setback from ten feet (10') to six feet (6) and six inches (6 ") along the north property line and from ten feet (10') to three feet (3') and eight inches (8 ") along the south property line and (3) a Variation to reduce the foundation landscaping from ten feet (10') to six feet (6) and eleven inches (1 V) wide along the north building elevation, eight feet (8') wide along the east building elevation and zero feet (0') along the south building elevation as shown on the site plan, a copy which is attached and made a part of as Exhibit "A "; and WHEREAS, a Public Hearing was held on the request for a Conditional Use and Variations being the subject of PZ -13 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28 day of July, 2011, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8 th day of June, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 13 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests and have determined that the requests meet the standards of the Village and that the granting of (1) a Conditional Use to operate a restaurant with drive - through lanes, (2) a Variation to reduce the parking lot setback from ten feet (10') to six feet (6) and six inches (6 ") along the north property line and from ten feet (10') to three feet (3') and eight inches (8 ") along the south property line and (3) a Variation to reduce the foundation landscaping from ten feet (10') to six feet (6) and eleven inches (11 ") wide along the north building elevation, eight feet (8') wide along the east building elevation and zero feet (0') along the south building elevation as shown on the site plan, attached as Exhibit "A," 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 (1) a Conditional Use to operate a restaurant with drive - through lanes, (2) a Variation to reduce the parking lot setback from ten feet (10') to six feet (6) and six inches (6 ") along the north property line and from ten feet (10') to three feet (3') and eight inches (8 ") along the south property line and (3) a Variation to reduce the foundation landscaping from ten feet (10') to six feet (6) and eleven inches (11 ") wide along the north building Page 2/2 PZ -13 -11 elevation, eight feet (8') wide along the east building elevation and zero feet (0') along the south building elevation as shown on the site plan, a copy which is attached and made a part of as Exhibit "A." SECTION THREE: Approval of the Conditional Use and Variations is subject to compliance with the following conditions: 1. Development of the site in general conformance with the plans prepared by Woolpert, Inc. dated May 11, 2011; and 2. Development of the building in conformance with the elevations prepared by Chipman Design Architecture, Inc. dated April 27, 2011; and 3. Development of the site in general conformance with the landscape plan prepared by Woolpert, Inc. dated May 11, 2011, but revised to comply with Village Code; and 4. The lane located south of the pickup window lane remains as a pass- through lane; and 5. Submittal of a photometric (lighting) plan and fixture cut sheets that indicate the site will comply with Village Code requirements; and 6. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete a Plat of Easements, which addresses staff's review comments on utility and access easements; and 7. Compliance with all Development, Fire, Building and other Village Codes and regulations including signage; and 8. The installation of tall evergreen shrubs along the north property line; and 9. The installation of a six foot (6') tall privacy fence along the north property line. 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: Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Hoefert, Matuszak PASSED AND APPROVED this 16 day of August, 2011. �V� �� Irvana K. Wilks Mayor ATTEST: 4' M. bisra Angell Village Clerk HACLK0\WIN \0RDINANCE2 \C USE, VAR- pz13- 950elmhurstroadugust1611.doc 2 i r� m ^ i ` a g Q �ecs•owron:wi `u (n A G g rl3I �•�"' c �5 Y I Imo . €00000000000 624.m L05dl OOM w�on� •... yemy�.p a � O� � O1 m {tC� m ! Q a Y� Z ---EEO-- a c g Q 33 Y n. 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