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HomeMy WebLinkAboutOrd 5463 10/05/2004 ORDINANCE NO. 5463 AN ORDINANCE GRANTING FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT AT 1500 SOUTH BUSSE ROAD Passed and approved by the President and Board of Trustees the 5th day of October, 2004 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 6th day of October, 2004 kad/bh 9/29/04 ORDINANCE NO. 5463 AN ORDINANCE GRANTING A CONDITIONAL USE IN THE NATURE OF A FINAL PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS 1500 SOUTH BUSSE ROAD WHEREAS, Michael A. Tobin (hereinafter referred to as Petitioner), has filed a petition for a Conditional Use permit in the nature of a Final Planned Unit Development with respect to property generally known as 1500 South Busse Road, (hereinafter referred to as Subject Property); and WHEREAS, the Subject Property is legally described as follows: The East 582 feet as measured at right angles to the East line thereof of that part of Lot 2 in Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded in the Recorder's Office of Cook County, Illinois, December 17,1919 as document number 6696216, lying South of the North 759.54 feet thereof, as measured on the East and West lines of said Lot 2 and lying Northerly of a line drawn from a point on the West line of the East Half of the Southeast Quarter of said Section 15; 335.56 feet North of the Southwest corner of said East half of the Southeast Quarter to a point on the East line of said Lot 2, 539.80 feet North of the South line of said Section 15 (as measured along the East line of said Lot 2) in Cook County, Illinois. PIN: 08-15-400-024-000 WHEREAS, Petitioner desires a Final Planned Unit Development approval providing for the long-term conversion to condominiums of a 168 unit apartment development; and WHEREAS, a Public Hearing was held on the requests for a Conditional Use permit including relief from Village Code regulations, designated as P&Z Case No. 38-04, before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of September, 2004, pursuant to due and proper notice having been published in the Mount Prospect Journal and Topics on the 8th day of September, 2004; 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; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the requests of P&Z 38-04 and have determined that the best interests of the Village of Mount Prospect would be served by granting to the Subject Property the Conditional Use permit which includes relief from Village Code regulations as requested in P&Z 12-04, Ordinance 5440. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: 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: The Conditional Use Permit in the nature of a Final Planned Unit Development being subject of this Ordinance is subject to the following Conditions: 1) Development of the site as set forth in the booklet prepared by BW Phillips, titled 'Lake Park Village Apartments Budgetary Information For Condominium Conversion' date stamped May 11, 2004, but revised to include: a) Parking lot and site lighting as required by the Police Department and detailed in Sec. 14.2219 of the Zoning Ordinance; b) Installation of perimeter curb and gutter as required by the Development Code; c) Installation of a 6' wrought iron fence in a 2' brick base (or a similar base to ensure the integrity the fence) along the ComEd right-of-way; d) Compliance of all outstanding property maintenance issues, including, but not limited to: installing new garage roofs; parking lot surface improvements; and tree trimming. 2) Development of the site in strict accordance with the Tree Removal Plan, Pond Planting Plan, Entrance Landscape Plan, and Landscape Plan prepared by Clarence Davids & Co., dated August 23,2004, and the Plant Legend submitted by Clarence Davids & Co., dated September 10,2004. 3) Submission of Final Engineering Plans consistent with the Preliminary Site Engineering Plans (5 sheets) prepared by Gewalt Hamilton Associates, Inc. (sheets 1,3-5 dated August 18, 2004 and sheet 2 dated August 16, 2004) and development of the site in strict accordance with the Final Engineering Plans; 4) Installation of a Fire Sprinkler system and fire alarm system as approved by the Village's Fire Chief; 5) Conversion of all the buildings to condominiums in no more than 2 years; and 6) Completion of the Condominium Conversion Plat Procedures as set forth in the Village's Subdivision Code (Section 15.307:B). 7) In addition, changes to the physical components of the project may only be made as follows: A. Minor Field Changes. Minor changes in location or size shown on an exhibit may be approved, in writing, by the Director of Community Development. Typically, a minor field change will not involve a percentage change greater than 3%. However, not all changes of less than 3% shall necessarily be deemed to be minor. The determination of the Director of Community Development as to whether a change is a minor field change shall be final. Village Board Approved Changes. The Village Board may approve, without referral to the Plan & Zoning Commission, such other changes as it believes are in the best interest of the Village and which do not involve changes in actual numerical values set forth in the text of the Ordinance; and which do not have a substantial, direct impact on adjacent properties. The determination of the Village Board as to whether a requested change should be referred to the Plan& Zoning Commission shall be final. B. C. Changes Requiring a Public Hearing. Any change involving a size, quantity or other numerical value found in the text of the Ordinance or any change having substantial, direct impact on adjacent properties shall not be made except after a public hearing before the Plan & Zoning Commission. Additionally, the Village Board or the Director of Community Development may refer any requested change to the Plan & Zoning Commission for public hearing when either believes it would be in the best interest of the Village to do so. SECTION THREE: That the President and Board of Trustees of the Village of Mount Prospect granted relieffrom Village Code regulations in Ordinance 5440, as provided in Section 14.203.C.7 of the Village Code, to allow: 1) 291 off-street parking spaces; 2) Design of the off-street parking lot as it currently exists (documented on the Petitioner's Site Plan prepared by GeWalt Hamilton dated April 14, 2004); 3) 64% lot coverage; 4) The existing parking lot and garage setbacks (documented on the Petitioner's Site Plan prepared by GeWalt Hamilton dated April 14, 2004); 5) Less than the required amount of private property landscaping (final amount based on the Landscape Plan referenced above); 6) 0.5 to 0.7 acre-feet of on-site stormwater detention. 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: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 5th day of October ,2004. ATTEST: ~.I Velma. Lowe ' Village Clerk Gerald L. Far y Village President ~~ C:\Con Use1500sbusseroad FINAL pud oct 2004.doc,bhill