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Home My WebLink AboutOrd 6155 09/16/2014 Conditional Use Permit - Drive Through Restaurant 13 West Rand Road THIS DOCUMENT WAS PREPARED BY: Office off fthMount Prospect e Village Clerk (IIIIII II I I III I � I I �IIII I II III 50 South Emerson Street Mount Prospect,Illinois 60056 Dock: 1426529127 Fee: $44.00 AFTER RECORDING RETURN TO: Karen A.Yarbrough Village of Mount Prospect Cook County Recorder of Deeds Office of the Village Clerk Date: 09/22/2014 04:07 PM Pg: 1 of 4 50 South Emerson Street Mount Prospect,Illinois 60056 Phone:847/392-6000 Fax:847/392-6022 www.mountl2rosl2ect.org (The above space reserved for the County Recorder's Office) 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. 6155, "AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO OPERATE A DRIVE-THROUGH RESTAURANT AND VARIATION FOR PARKING LOT SETBACK FOR PROPERTY LOCATED AT 13 WEST RAND ROAD, MOUNT PROSPECT, ILLINOIS", passed at the regular meeting of the President and Board of Trustees held September 16, 2014 at which time the Village Board voted as follows: AYES: Hoefert, Korn, Matuszak, Rogers, Zadel NAYS: None I ABSENT: None ABSTAIN: Polit I all as appears in the official records and files of the Village of Mount Prospect. Dated this 18th day of September, 2014. M. Lisa Angell Village Clerk Village of Mount Prospect Cook County, Illinois (Seal) ORDINANCE NO. 6155 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO OPERATE A DRIVE-THROUGH RESTAURANT AND VARIATION FOR PARKING LOT SETBACK FOR PROPERTY LOCATED AT 13 WEST RAND ROAD, MOUNT PROSPECT, IL WHEREAS, Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd for McDonald's USA, LLC ("Petitioner'), has filed a petition for a Conditional Use to operate a Drive-Through Restaurant and Variation for Parking Lot Setback, for property located at 13 West Rand Road ("Property') and legally described as; PARCEL 1: LOT 2 IN UNITY RESUBDIVISION OF LOT 1 IN DOYLE'S SUBDIVISION, BEING IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. BEING THE SAME AS: LOT 2 IN UNITY RESUBDIVISION OF LOT 1 IN DOYLE'S SUBDIVISION, BEING IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS BASED ON MEASURED VALUES: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 06 MINUTES 45 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 431.85 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 89 DEGREES 57 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 193.02 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 431.85 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 193.02 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: PERPETUAL AND NON-EXCLUSIVE EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 OVER, UPON AND THROUGH THE NORTH 90.00 FEET OF LOT 1 IN UNITY RESUBDIVISION OF LOT 1 IN DOYLE'S SUBDIVISION, BEING IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, FOR THE PURPOSE OF INGRESS AND EGRESS, AS CREATED BY WARRANTY DEED FROM THE TALMAN HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF ILLINOIS TO BOB EVANS FARMS, INC.,A CORPORATION OF OHIO, DATED JULY 11, 1984 AND RECORDED JULY 19, 1984 AS DOCUMENT 27178783. Property Index Nos. 03-27-301-022-0000 and 03-27-301-023-0000; and WHEREAS, the Petitioner seeks Conditional Use Permit to operate a Drive-Through Restaurant and a Variation to allow a five and four-fifths foot(5.8') parking lot setback along the west property line. WHEREAS, a Public Hearing was held on the request for Conditional Use Permit and Variation designated as PZ-25-14, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of August, 2014, pursuant to due and proper notice thereof having been published in the Daily Herald Newspaper on the 13th day of August, 2014; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ-25-14; and WHEREAS, the Mayor 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 Variation would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR 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 Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect grant a Conditional Use permit to operate a Drive Through Restaurant as shown on the Site Plan, a copy of which is attached and made a part of as Exhibit"A." SECTION THREE: The Mayor and Board of Trustees of the Village of Mount Prospect grant a Variation to allow a five and four-fifths foot (5.8') parking lot setback along the west property line subject to the following conditions: 1. Development of the site in general conformance with the site plan prepared by Watermark Engineering dated, August 15, 2014; and 2. Development of the building in general conformance with the elevations prepared by McDonald's U.S. Research and Development dated July 10, 2014; and 3. Development of the site in general conformance with the landscape plan prepared by Watermark Engineering, dated August 15, 2014, but revised to comply with Village Code; and 4. Submittal of a photometric (lighting) plan and fixture cut sheets that comply with Village Code requirements; and 5. Compliance with all Development, Fire, Building and other Village Codes and regulations including signage. 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, Korn, Matuszak, Rogers, Zadel NAYS: None ABSENT: None ABSTAIN: Polit PASSED and APPROVED this 16th, day of September, 2014. Ar ene A. Juracek Mayor ATTEST: M. 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