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HomeMy WebLinkAboutOrd 3599 01/07/1986ORDINANCE NO. 3599 AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPERTY CO~ONLY KNOWN AS KENSINGTON CENTER, PHASE SIX PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 7th DAY OF January , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, th~ 8th day of ~anuary ,1986. ORDINANCE NO. 3599 AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPERTY COMMONLY KNOWN..AS KENSI.N.GTON CE. NTER, PHASE SIX WHEREAS, OPUS Designers, Builders, Developers, Inc. (formerly known as Rauenhorst Corporation) is the owner of a parcel of property which has been annexed to the Village of Mount Prospect and which is the subject of an Annexation Agreement dated May, 1980, by and between the Village of Mount Prospect, an Illinois Municipal Corporation, American National Bank and Trust Company of Chicago, a national banking association, not individually, but soley as Trustee under a Trust No. 45771 and the beneficiary thereof, Northern Illinois Gas Company, an Illinois Corporation and the Rauenhorst Corporation, and which is located in the Village of Mount Prospect, Cook County, Illinois (hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property is legally described as follows: Parcel A That part of the Northeast Quarter and of the Northwest Quarter of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, described as follows: All that part of said Northeast Quarter and Northwest Quarter lying North of the Northerly lines of Feehanville Drive and West of the Westerly lines of Business Center Drive, as shown on plat of Kensington Center - Phase Five, being a Subdivision in part of said Northeast Quarter, filed in the Office of the Registrar of Titles of Cook County, Illinois, February 8, 1985, as L.R. No. 34 18 941, also lying East of the Easterly lines of Out Lot 1, as shown on plat of Kensington Center - Phase Three-A, being a subdivision in part of said Northeast Quarter and said Northwest Quarter, recorded May 4, 1981, as Document No. 25859082 and also filed in said Office of the Registrar of Titles as L.R. No. 32 13 858; and also lying South of the Southeasterly line of Kensington Center - Resubdivision Sixteen, being a resubdivision in part of said Northeast Quarter and said Northwest Quarter, recorded March 29, 1985, as Document No. 27493606 and also filed in said Office of the Registrar of Titles as L.R.No. 34 27 399, said Southeasterly line of Kensington Center Resubdivision Sixteen being also the center line of the Feehanville Drainage Ditch, all in Cook County, Illinois. Parcel B That part of the Northeast Quarter of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, described as follows: All that part of said Northeast Quarter lying East of the East line of Kensington Center Resubdivision XI (Eleven), being a resubdivision in part of said Northeast Quarter and part of the Northwest Quarter of said Section 35, as shown on plat recorded July 1, 1983, as Document No. 26670956, and also filed in the ~ ~pus Variations ' '! ~ ~ of 5 Office of the Registrar of Titles of Cook County, Illinos, as L. R. No. 33 16 291; also lying South of the Southerly lines of Feehanville Drive and lying West of the West line of Lot 503 as shown on plat of Kensington Center -Phase Five, being a subdivision in part of said Northeast Quarter also filed in said Office of the Registrar of Titles, February 8, 1985, as L.R.No. 34 18 941, all in Cook County, Illinois. Parcel C That part of the Northeast Quarter of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, described as follows: All that part of said Northeast Quarter lying East of the East line of Kensington Center Phase Four, being a subdivision in part of said Northeast Quarter and part of the Northwest Quarter of said Section 35, as shown on plat thereof filed for record in the Office of the Registrar of Titles of Cook County, Illinois, January 10, 1984, as L.R.No. 33 49 861 and also recorded January 20, 1984, as Document No. 26937282, also lying East of the Easterly lines of Business Center Drive and lying North of the Northerly lines of Feehanville Drive as shown on plat of Kensington Center - Phase Five, being a subdivision in part of said Northeast Quarter, filed for record in said Office of the Registrar of Titles, February 8, 1985, as L.R.No. 34 18 941, and also lying West of the West line of Wolf Road, said West line being 50 feet West of and parallel with the East line of said Northeast Quarter, all in Cook County, Illinois WHEREAS, the Subject Property is located in the I-1 Light Industrial District under the provisions of the Zoning Ordinance of the Village of Mount Prospect (hereinafter referred to as "Zoning Ordinance"); and WHEREAS, THE Petitioners have heretofore filed an application seeking variations form the provisions of the Zoning Ordinance: A variation from Section 14.2203A of Article XXII of the Zoning Ordinance which requires a minimum lot size of four acres to permit the Subject Property to be developed with lots of such area that the average lot area will be at least 2.7 acres, provided that no lot may have an area of less than one (1) acre, and provided further than no more than 10% of the lots of the Subject Property, or one lot, whichever is greater, may have an area of one acre. A variation from Section 14.2205A of Article XXII of the Zoning Ordinance, which requires one off-street parking space for each two hundred feet of gross floor area, to permit the following: One off-street parking space for each two hundred fifty square feet of gross floor area of fraction there of used for office purposes; b. One off-street parking space for each 2,000 square of gross floor area or fraction thereof used for warehouse purposes; feet Opus Variations 3 of 5 c. For any portion of any building used for industrial manufacturing plan use, or for any other use, other than office of warehouse use, permitted in the I-1 District: (i) 0.8 spaces for each person employed in the primary work shift operating in such portion of the building plus 0.05 spaces for each person employed in the work shift having the next largest number of employees, or alternatively, (ii) one space for each 1,000 square feet or floor area or fraction thereof, whichever shall result in the largest required number of spaces. A variation from Section 14.2602B29 of Article XXVI of the Zoning Ordinance, which requires off-street parking spaces of 10' x 20', to permit the development of the Subject Property with off-street parking spaces of 9' x 20'. (These variations are granted pursuant to the request filed under ZBA 7-V-70 since which time Chapter 14 has been amended to eliminate the necessity for such variations.) A variation from Section 14.2205B of Article XXII of the Zoning Ordinance, which specifies the number of such off-street truck parking and loading spaces required for any portion of a building utilized for office purposes, so that one off-street truck parking and loading space shall be required for each 100,000 square feet or fraction thereof of floor area of such portion of a building utilized for office purposes. A variation from Section 14.101F of Article I of the Zoning Ordinance to allow occupancy of any building on any lot into which the Subject Property is divided by more than one main use. (These variations are granted pursuant to the request filed under ZBA 7-V-80, since which time Chapter 14 has been amended to eliminate the necessity for such variations.) WHEREAS, a public hearing was held on the Petitioner's request for the aforesaid variations, which request is known as ZBA 7-V-80 before the Zoning Board of Appeals of the Village of Mount Prospect on February 28, 1980, pursuant to proper notice published in the Mount Prospect Herald on February 11, 1980; and WHEREAS, the Zoning Board of Appeals has recommended to the Building Committee of the Board of Trustees of the Village of Mount Prospect that Petitioner's request for the aforesaid variations, ZBA 7-V-80, be granted; and WHEREAS, the President and Board of Trustees have considered the Petitioner's request and reviewed the recommendations of the Village of Mount Prospect Zoning Board of Appeals in ZBA 7-V-80; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that with respect to the Petitioner's requested variations, that Petitioner has satisfied the standards for the grant of a variation set forth in Section 14.605 of Article VI of the Zoning Ordinance and find that it would be in the best interest of the Village of Mount or Opus variat~ ~ 3 of 5 Prospect to grant Petitioner the requested variation provided that the Petitioner provides one parking space for each 1,500 square feet used for warehouse purposes. 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 herein as findings by the President Village of Mount Prospect. hereinabove incorporated and Board of Trustees of the SECTION TWO: Subject to the conditions hereinafter set forth ~THREE of this Ordinance, the President and Board of Trustees of the Village of Mount Prospect hereby grant the following variations for the Subject Property: A variation from Section 14.2203A of Article XXII of the Zoning Ordinance which requires a minimum lot size of four acres to permit the Subject Property to be developed with lots of such area that the average lot area will be at least 2.7 acres, provided that no lot may have an area of less than one acre, provided further, that no more than 10% of the lots of the Subject Property, or one lot, whichever is greater, may have an area of one acre. A variation from Section 14.2205A of Article XXII of the Zoning Ordinance, which requires one off-street parking space for each two hundred feet of gross floor area, to permit the following: One off-street parking space for each two hundred fifty square feet of gross floor area or fraction thereof used for office purposes; One off-street parking space for each 1,500 square feet of gross floor area or fraction thereof used for warehouse purposes; For any portion of any building used for industrial or manufacturing plan use, or for any other use, other than office or warehouse use, permitted in the I-1 District; (i) 0.8 spaces for each person employed in the primary work shift operating in such portion of the building plus 0.5 spaces for each person employed in the work shift having the next largest number of employees, or alternatively; (ii) one space for each 1,000 square feet of floor area or fraction thereof, whichever shall result in the calculation of the larger required number of spaces. A variation from Section 14.2602B29 of Article XXII of the Zoning Ordinance, which requires off-street parking spaces of 10' x 20', to permit the development of the Subject Property with off-street parking spaces of 9' x 20' A variation from Section 14.2205B of Article XXII of the Zoning Ordinance, which specifies the number of such off-street truck parking and loading spaces required for any portion of a building utilized for office purposes, so that one off-street truck parking and loading space shall be required for each 100,000 square feet or fraction thereof pus Vari at~ 4 of 5 · of floor area of such portion of a building utilized for office purposes. A variation from Section 14.101F of Article I of the Zoning Ordinance to allow occupancy of any building on any lot into which the Subject Property is divided by more than one main use. SECTION THREE: That variations granted hereinabove in SECTION TWO 6f''t'his Ordinance, are granted subject to the following conditions: No off-site parking for any lot into which the Subject Property is divided as shown on the Subdivision Plat, Exhibit A hereto, shall be permitted. 2. No parking shall be permitted on any street shown on the Subdivision Plat for the Subject Property, Exhibit A hereto. SECTION FOUR: This Ordinance shall be recorded with the Cook County Recorder of Deeds or Registrar of Titles, whichever is applicable, and the variations granted herein and the conditions on their grant shall be deemed to run with the Subject Property and be binding upon any and all heirs, successors, assigns of the owner, the successor owners of the Subject Property and developers and lessees of the Subject Property. SECTION FIVE: If any of the conditions in SECTION THREE of fhis Ordinance are not met, satisfied, or are violated on any lot into which the Subject Property is divided as shown on the Subdivision Plan, Exhibit A hereto, the variations granted herein for said lot shall be null and void and the then applicable provisions of the Village of Mount Prospect Zoning Ordinance shall be deemed to be in full force and effect as to that lot of the Subject Property. SECTION SIX: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: Arthur, Farley, Floros, Murauskis, Van Geem NAYS: None ABSENT: Wattenberg PASSED and APPROVED this 7th day of January .... ,198B__. ATTEST: Village Clerk Carol3//h H. Krause Mayor