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HomeMy WebLinkAboutOrd 5879 10/04/2011ORDINANCE NO. 5879 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THAT CONDITIONAL USE FOUND IN ORDINANCE NO. 5705 FOR THE RANDHURST VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR A DRIVE - THROUGH RESTAURANT FOR PROPERTY LOCATED AT 999 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, The President and Board of Trustees of the Village of Mount Prospect passed and approved Ordinance No. 5705 on August 19, 2008, the Ordinance granted a Conditional Use permit for a Planned Unit Development (Randhurst Village Commercial Planned Unit Development (PUD), certain Variations and a Special Use for Signage for Property located at 999 North Elmhurst Road ( "Property "); and WHEREAS, Casto Lifestyle Properties ( "Petitioner "), has filed a petition to amend the Planned Unit Development (PUD) with respect to property located at 999 North Elmhurst Road ( "Property ") and legally described as: Parcel 1: Lots 1 and 2 (excepting from said lot one that part taken by Department of Transportation State of Illinois in Case No 871-51078 and also excepting from said Lot One that part conveyed to the people of the State of Illinois Department of Transportation pursuant to that certain quit claim deed recorded September 29, 1995 as document No. 95664230) in Randhurst Center Resubdivision — No.1 being a Resubdivision of Lot One in Randhurst Center, being a subdivision of part of the southeast 1 /4of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County Illinois according to the plat of said Randhurst Center Resubdivision —No. 1 recorded July 24 1987 in the office of the Recorder of Deeds of Cook County Illinois as Document No. 87408581 and registered in the office of the Registrar of Title of said office of the Registrar of Titles of said County as document No LR3637429. Parcel 2: Lot 3 in Randhurst Center Resubdivision- No.1 being a Resubdivision of Lot One in Randhurst Center being a subdivision of part of the Southeast % of Section 27 Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois according to the Plat of said Randhurst Center Resubdivision —No. 1 recorded July 24,1987 in the Office of the Recorder of Deeds of Cook County, Illinois as Document No. 87408581 and registered in the office of the Registrar of Titles of said County as document No. LR3637429. Parcel 3: North 70 feet of the West 70 feet of the South 120 feet of the East 1/2 of the Southeast 1/4 of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County Illinois. Property Index Number(s) 03 -27- 401 - 040 / 261/262/264/265 /267/268/269/270 03 -27- 401 -271; and WHEREAS, the "Petitioner" seeks approval to amend the Planned Unit Development (PUD) to allow a drive - through restaurant as shown on the Petitioner's exhibit as prepared by Woolpert, dated August, 2011 and attached as Exhibit "A "; and WHEREAS, a Public Hearing was held on the request to amend the Planned Unit Development (PUD) being the subject of PZ -22 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22 day of September, 2011, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10 day of August, 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- 22 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the request to amend the Planned Unit Development (PUD) to allow a drive - through restaurant along Elmhurst Road meets the standards of the Village and that the granting of the requests would be in the best interest of the Village. Page 2/2 PZ -22 -11 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 above are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO An amendment to the Planned Unit Development (PUD) granted in Ordinance No. 5705 for Randhurst Village to allow a drive - through restaurant along Elmhurst Road at property located at 999 North Elmhurst Road subject to the following conditions of approval: 1) Development of the site in general accordance with Site Plan B dated August 2011; 2) Development of the building in accordance with the elevations prepared by Camburas and Theodore date August 1, 2011, but revised to address staff comments. 3) Development of the site in general accordance with the landscape plan prepared by Woolpert, buts revised to address staff comments. 4) Compliance with all Development, Fire, Building and other Village Codes and regulations, which include but not limited to installing automatic sprinklers and fire alarm and signage that meets the Village Sign Code regulations. SECTION THREE 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 FOUR 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, Zadel NAYS: Polit ABSENT: None PASSED AND APPROVED this 4th day of October 2011. '- Iry a K. Wilks Mayor ATTEST: M. Lig Angell Village Clerk 2 W." 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