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Home My WebLink AboutOrd 5882 11/15/2011This Cover Sheet was prepared by: Leslie A. Schmidt, Sr. Paralegal Klein Thorpe and Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, IL 60606 (2881 -062) INi�w1133M'504INIUM� Doc #: 1133345046 Fee: $48.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 11/29/2011 02:02 PM Pg: 1 of 7 for Recorder's Office COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR VILLAGE OF MOUNT PROSPECT ORDINANCE 5882 "AN ORDINANCE GRANTING CONDITIONAL USES (FINAL PLANNED UNIT DEVELOPMENT AND DWELLING UNITS ABOVE FIRST FLOOR) AND VARIATION (BUILDING HEIGHT) FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS" PINS 08 -23 -100- 015 -0000 AND PART OF 08 -23- 100 - 014 -0000 After recording return to: Leslie A. Schmidt, Sr. Paralegal Klein Thorpe and Jenkins, Ltd. 20 North Wacker Drive Suite 1660 Chicago, IL 60606 272225_1 MAYOR Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A.Juracek A. John Korn John J. Mahmak Steven S. Polit Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 STATE OF ILLINOIS ) SS COUNTY OF COOK ) VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 uww.mounWrg ect.org 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.5882 entitled "AN ORDINANCE GRANTING CONDITIONAL USES (FINAL PLANNED UNIT DEVELOPMENT AND DWELLING UNITS ABOVE FIRST FLOOR) AND VARIATION (BUILDING HEIGHT) FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS" passed at the regular meeting of the President and Board of Trustees held November 15, 2011, at which time the Village Board voted as follows: AYES: Hoefert, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Matuszak all as appears in the official records and files in my care and custody. Dated this 16 day of November, 2011. M. Lisa Angell Village Clerk Village of Mount Prospect Cook County, Illinois ORDINANCE NO. 5882 AN ORDINANCE GRANTING CONDITIONAL USES FOR FINAL PLANNED UNIT DEVELOPMENT AND DWELLING UNITS ABOVE FIRST FLOOR AND VARIATION (BUILDING HEIGHT) FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Daveri Development Group ( "Petitioner'), has filed a petition for Conditional Uses for the Final Planned Unit Development (PUD) and Dwelling Units above First Floor and Variation (Building Height) for property located at 1601 South Busse Road ( "Property') and legally described as and shown on the Plat of Survey, a copy of which is attached and made part of this ordinance as Exhibit "A "; WHEREAS, the Subject Property is legally described as follows: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS; Property Index Number: 08 -23- 100 - 015 -0000, 08 -23- 100 - 014 -0000; and WHEREAS, a Conditional Use for the Preliminary Approval for a Planned Unit Development (PUD) for the property at 1601 South Busse Road was granted April 6, 2011 pursuant to Ordinance No. 5842; and WHEREAS, the Petitioner is now seeking (1) Conditional Use of a Final Planned Unit Development consisting of an existing restaurant with drive - through and a four (4) story mixed use building; (2) Conditional Use for dwelling units above the first floor; and (3) Variation to increase the building height from thirty -five feet (35') to forty -three feet (43'); WHEREAS, a Public Hearing was held on the request for Conditional Uses and Variation designated as PZ- 27 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the 27 day of October, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 12 day of October, 2011; 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- 27 -11; 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 and variations 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: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/3 PZ -27 -11 1601 S. Busse Road SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant (1) Conditional Use of a Final Planned Unit Development consisting of an existing restaurant with drive - through and a four (4) story mixed use building; (2) Conditional Use for dwelling units above the first floor; and (3) Variation to increase the building height from thirty -five feet (35') to forty -three feet (43') subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated September 21, 2011; 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated September 21, 2011, but revised comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the land and specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; 8. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Easements, which vacates and grants water main easements as required for the proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 12. 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. Page 3/3 PZ -27 -11 1601 S. Busse Road SECTION THREE 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 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, Polit, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 15 day of November, 2011. . � Irvana K. Wilks Mayor ATTEST: M. isa Angell Village Clerk H:\CLK0 \files \WIN \0RDINANC \Con Use PUD PZ- 27- 1119- 101601SBussenov62011.doc O •• �-4 V �O nR N Z W 'n m I 00 r N wD N� 1 4 W Noy w � •� — m �rn *Om rri S S •'. -. o fnm o Nip v 9 - 9 , 2 0 0 r 7 0 r \ V H \ C N m s n aR A c a rp 1 a ' y � m i � a� A p _ 0 Om �O H o� N� I ��D ��D' m r n n V N im 111 + t n N �. 0 Z T M m c m O ANC O im�_® B■ ,h ■ i t � �r 0, j ! i i A _ F � T 5 ll _ we BUSTING CONDITIONS RHAEGERENGINEIRING REA pa mom LoTl _ PLAZA UNITE • 1601 SOUM MM WAD, Mr MONSCr, LLMJ ■ i