HomeMy WebLinkAboutOrd 4998 03/02/1999 ORDINANCE NO. 4998
AN ORDINANCE REZONING PROPERTY, GRANTING A CONDITIONAL USE
FOR A CONGREGATE CARE FACILITY AND PHARMACY IN THE VILLAGE
OF MOUNT PROSPECT, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 2nd day of March, 1999
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
3rd day of March, 1999.
VILLAGE OF MOUNT PROSPECT
COOK COUNTY, ILLINOIS
ORDINANCE NO. 499~
AN ORDINANCE REZONING PROPERTY,
GRANTING A CONDITIONAL USE FOR A
CONGREGATE CARE FACILITY AND PHARMACY
IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, on June 9, 1998, an application for the annexation, rezoning,
subdivision, and granting of a conditional use were filed with the Village of Mount
Prospect by CareMatrix of Massachusetts for the property legally described in Section 1
of this (Subject Property) Ordinance; and
WHEREAS, Notice of Public Hearing on the application was published in the
August 3, 1998 edition of the Daily Herald, all as required by the Ordinances of the
Village and the laws of the State of Illinois; and
WHEREAS, A Public Hearing was conducted by the Zoning Board of Appeals of
the Village of Mount Prospect on July 9, 1998; and
WHEREAS, at the Public Hearing, the applicant provided testimony in support of
its application, and all interested parties were given an opportunity to be heard; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect have received the recommendation of the Plan Commission pursuant to
Minutes dated August 5, 1998, copies of which are attached to and made a part of this
Ordinance as Exhibit "A"; and
WHEREAS, all references in this Ordinance to the Developer shall include any
successor to the Developer, including but not limited to a subsequent Developer or
Owner and any Association of Owners or tenants; and
WHEREAS, all Exhibits referenced from the Annexation Agreement are
incorporated into this Ordinance as though fully set forth
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
IN THE EXERCISE OF ITS HOME RULE POWERS, as follows:
SECTION 1: The property which is the subject of this Ordinance is legally
described as follows:
THAT PART OF THE NORTH 300.00 FEET (AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE
THEREOF) OF THE NORTHWEST QUARTER'OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WEST LINE OF THE 100 FOOT
RIGHT-OF-WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD COMPANY
(EXCEPT THE WEST 50.00 FEET THEREOF), AND EXCEPTING ALSO THEREFROM THAT PART
DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 35
AFORESAID; THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 27 MINUTES 29
SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 50.00 FEET TO THE
EAST LINE OF THE WEST 50.00 FEET OF SAID NORTHWEST QUARTER FOR A POINT OF
BEGINNING, THENCE SOUTH 00 DEGREES 16 MINUTES 07 SECONDS EAST ALONG SAID EAST
LINE, 33.00 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID NORTHWEST
QUARTER; THENCE CONTINUING SOUTH 00 DEGREES 16 MINUTES 07 SECONDS EAST ALONG
THE EAST LINE OF THE WEST 50.00 FEET, BEING ALSO THE EAST LINE OF WOLF ROAD, 35.00
FEET; THENCE NORTH 45 DEGREES 08 MINUTES 12 SECONDS EAST, 49.15 FEET TO A POINT ON
THE AFOREMENTIONED SOUTH LINE OF THE NORTH 33.00 FEET OF SAID NORTHWEST QUARTER
WHICH IS 35.00 FEET EAST OF THE EAST LINE OF THE WEST 50.00 FEET OF SAID NORTHWEST
QUARTER; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST, 33.00 FEET TO THE
NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 27 MINUTES 29
SECONDS WEST ALONG SAID NORTH LINE, 35.47 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.041 ACRES, MORE OR LESS, OF WHICH 0.027 ACRES IS ALREADY BEING USED
FOR HIGHWAY PURPOSES.
ALSO
THAT PART OF THE SOUTH 425.00 FEET OF THE NORTH 725.00 FEET (BOTH MEASURED
PERPENDICULAR) OF THE WEST 100 RODS OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES
WESTERLY OF THE WESTERLY LINE OF THE 100 FOOT RIGHT-OF-WAY OF THE MINNEAPOLIS, ST.
PAUL AND SAULT STE. MARIE RAILROAD COMPANY AND EASTERLY OF A LINE 100 FEET
(MEASURED PERPENDICULAR) WESTERLY OF AND PARALLEL TO SAID WESTERLY RIGHT-OF-
WAY LINE, IN COOK COUNTY, ILLINOIS
2
SECTION 2: Rezoning Property to B3 - Community Shopping District and R-4 -
Multiple Family District. Pursuant to the provisions of Chapter 14 of the Mount
Prospect Municipal code, as amended, Lot 2 of the Subject Realty shall be rezoned
from R-X District to B-3 with a conditional use for a drive-thru facility and Lot 1 of the
Subject Realty shall be rezoned from R-X District to R-4 with a conditional use for a
congregate care facility as such Lots are depicted on the Plat of Subdivision attached
as Exhibit "B" and as such lots are also known as and legally described on Exhibit "B-I"
attached hereto.
I. General Conditions and Restrictions
A. Cost of Improvements. The costs of design, review, construction
and installation for all improvements, whether public or private shall be the sole
responsibility of the Developer.
B. Easements. To the extent necessary and in the discretion of the
Village, the Developer agrees to dedicate to the Village a permanent easement
for the maintenance of all roadway and utility improvements within the Property
in form, content and location acceptable to the Village. The Village may request
and the Developer shall grant such other easements to the Village as the Village
may in its discretion require for the maintenance of the previously constructed
public improvements, all in form, content and location acceptable to the Village.
In addition, the Developer agrees to provide the Village with necessary on-site
easements for utility, maintenance, health and public safety purposes, all in form,
content and location acceptable to the Village.
C. · Field Changes. Minor changes to the approved plans for Public
Improvements and structures shall be permitted upon the prior written approval
of the Village Engineer.
SECTION 3: Conflict Between Ordinance and Other Villaqe Regulations. The
specific terms and conditions of this Ordinance shall prevail against other existing
3
ordinances of the Village to the extent that there might be any conflict. Except for the
foregoing limitation, the development of the subject property is subject to all terms and
conditions of applicable ordinances and regulations of the Village of Mount Prospect
including, without limitation, zoning ordinances, building codes, subdivision, sign
control, tree preservation and landscape regulations. If there is a specific conflict
between this Ordinance and the Annexation Agreement, the Annexation Agreement
shall control. Such a conflict must be an actual conflict in language. The failure of the
Annexation Agreement to include an obligation or right that is included in this Ordinance
shall not be deemed a conflict.
SECTION 4: Remedies. The failure of the Village to insist upon the strict and
prompt performance of any of the terms, covenants, and conditions of this Ordinance,
shall not constitute or be construed as a waiver or relinquishment of the Village's right
thereafter to enforce any such term, covenant, agreement or condition, but the same
shall continue in full force and effect.
SECTION 5: Full Force and Effect. This Ordinance shall be in full force and
effect from and after its passage, approval and publication in pamphlet form as
provided by law. Provided, however, that this Ordinance shall not take effect until a
true and correct copy of this Ordinance is executed by the Owners of the Subject
Property or such other parties in interest consenting to and agreeing to be bound by the
terms and conditions contained within this Ordinance. Such execution shall take place
within twenty-eight days after the passage and approval of this Ordinance or within
such extension of time as may be granted by the Corporate Authorities by motion.
4
PASSED this _2.~_day of M~rch , by the Corporate Authorities of the
Village of Mount Prospect, on a roll call vote as follows:
AYES: C]owes, Corcoran, Lohrstorfer, Necchi, Wi]ks
NAYS: None
ABSENT: None Abstain: Hoefert
APPROVED this 2nd day of March , i999.
APPF~,O~ED: ~
G~rald L. F~rley, Presio~ent /.~
ATTEST:
Velma W. Lowe, Village Clerk Published b7 me in ~p~mp~J~t form
this.~ ~ day off~/,.,q~ 1999.
I, ~.. , bein~ of,
signing on behalf of '~..~' , and the Owner
of the property legally described wit~ Ordinance, having read a copy of this
Ordinance, and being authorize~ here-'l~F~p~, concur and agree to develop the
subject property in accord~,aJ;;~with the terms of'fl'l~nance.
DATED this __ day of ,,-? ,1999. ~
Agreed to by CHANCELLOR OF MOUNT PROSPECT, INC.
a Delaware Corporation
By: (see Followin9 pa,ge)
5
AYER, BROWN ~ PT 3-0&-1999 12:00 PAGE 4/5 {BP-Chicago
!
VILL OF MT PROSPECT ID:8478185536 MAR 04'99 5:18 No.O04 P.02
PASSED this ?~# day of u~..~ . by the Corporate Authorities of the
Village of Mount Prospect, on a roi] call vote as follows:
AYES: CIowes, Corcoran, Lohrstorfer, Notch1, W~]ks
NAYS: None
ABSENT: None Abstain: Hoefert
APPROVED this 2nd day of March ,1999.
ATTEST: /
Velm~, W. Lowe, Village Clerk Publishe,d~ me in~m~llet fon'n
~s ,..'.6_~ day of' .~,.m~e.
I, , being the of,
signing on behalf of , and the Owner
of the property legally descril~ed within tills Ordinance, having read a copy of this
Ordinance, and being authorized, do hereby accept, concur and agree to develop the
subject property In accordance with the terms of this Ordinance,
DATED this day of , ,1999.
Agreed to by CHANCELLOR OF MOUNT PROSPECT, INC.
a Delaware Corooration
J~)ffrey P. Neterva
Vice Presid~ 5
AYER, BROWN 3-04-1999 12:00 PAGE 5/5 'IBP-ChicaEo
UILL OF MT PROSPECT ID:8478185556 MAR 04'99 5:19 No.004 P.03 I
Its President
signing on behalf of ~'~-,r~n~-~.~t.o~- c~v ¥{-4- ?'co:~.c.~ ~ , and the Owner
of the property legally described within this Ordinance, I{avin~ read a copy of this
Ordinance, and being authorized, do hereby accept, concur and agree to develop the
subject property in accordance with the terms of this Ordinance.
DATED this C/'f~. day of J~c.~cJ,,. , 1999.
6
~I~UT~s OF T~ R~CUL~R ~T~ OF
~O~T PROSP~ P~ CO~SS[O~
~ugust 5, 1998
CALL TO O~ER:
The regul~ meeting of~e Mount Prospect PI~ Commission w~ called to order by Chai~an Hof~ at
~:30 p.m. ~t ~e Village Hall, 100 Sou~ Eme~on S~ce~ Mount Pms~c~ [llino~. ~. Ho~ in~oduced
· e new Commissioner, Toni As~eides.
ROLL C~L~
Pr~ent upon Roll Call: Michael Ho~, Chai~
AntoineRe ~ides
Edw~ J~us
C~ol To~orello
~uis Vel~co
Michel ~del
Absent: F~ B~ge
WilU~ ~ddy
~ge~ Volpe
Village Stuff Pr~ent: D~iel Ungerleider, MCP, plnnnlng Coord~ator
Judy Co~olly, P~er
Chuck L~delof, Eng~ee~g ~p~cnt
Othe~ ~ ARendance: B~ Bau~ ARomey, Sto~o, ~ello & D~ (C~)
~ F~c~, Sr. "
H~ F~e~, Jr.
C~.G. ~bUc H~g S~ ~ ~
~u~ Ve~ ma~ a mo~n ~ ~pmve ~e ~es of ~e ~y.20 me~ ~nd~ by ~1 Togo~Ho.
~e m~s wee approved by a vo~ of ~-0 ~ 1 ~genfion by ~c~el
S~D~ONS:
- ~C-1%97~ Mount P~spect Nafionnl Bank Plat of SubdMsio~0 No~h Main S~t
Ch~ ~o~ e~ ~t ~e No. PC-17-97, Mo~t ~e~ Na~o~l B~ plat of~
~ be~ wi~ due ~ ~eyor e~ ~d would ~ ~ch~ul~.
PC~%98~reidHch~s Plat of Subdi~io~20 W~t Cent! R0sd
Cha~ Ho~~ ~Uced ~ No. ~7-98, Judy Co~olly, P~cr, ~pl~ed ~e ~qu~
Co,oily ~id ~e ~fioner h s~g ~ ~p~d ~c e~g Fge~c~' F~e~ Home p~g loc ~e
petitioner ~ befog ~e Zon~g ~ of Ap~h ~d gqu~d ~ a ~dge Ro~ pm~ ~j~t
~ ~e ~ne~ home be g~n~ ~m gsldenfial to comme~i~. ~e ~A ~ommended appmv~
gqueg wi~ ~e ~ndifiqn ~ ~e pmpe~ o~er Co~li~te ~e site ~to one lot of~o~
reque~ ~e pmpe~ o~er h s~k~g ~cgpfio~ for ~m~ e~g~g condition: (1)
· e requ~d d~t-of-way along E~ Avenue. ~e ~velopment C~e ~u~ ~c m~m fi~t~f-
OUNT Pk,~aPECT PLAN COMMISSION
Minutes of August 5, 1998 Meeting Page 4
Mr. Hoffm, an asked the agency representatives to speak about their utilization of' previous years' grants
received by the Village. their needs for anticipated fimds and their groups' activities. Speakers came forward
in the following order and presented their agencies' needs.
Speaker A~encv Pro,ram Amount
April Foley VOMP Social Worker Mentor Program $ 2,500
Cindy Gunderson Catholic Charities of Chicago Suburban Senior Services $ 4,069
Karen Kordisch Physician Referral Service $ 1,625
Danlse Habun Children's Advocacy Center CASI ProgJCoordinate, Advocacy~ $ 3,000
& Sensitive Interviewing
Victoria Bigelow Suburban Primard Healthcare Access to Care S 17,000
Valerie Thompson Resources for Community Living Community Living for Adults $ 1,000
w/Disabilities
Comstance Bcames Girl Scouts - IL Crossroads Boxwood Advocacy Program $ 24,000
.Iewell Kern Mount Prospect Public Library Restroom Project $102,200
Thomas C-arvin ADA Fire Alarm
Stephanie Parker Resource Center for the Elderly Senior Shared Housing $ 3,000
ICon Jordan CEDA Northwest Transitional Apartment Living $ 75,000
.lerry Tare
Diane Kovack Clayground Teaching Cermnics $ 5,~00
Mike Zadel made a motion to adjourn. Carol Tortorello seconded the motion. Motion carried 6-0. Meeting
was adjourned at 9:30 p.m.
Barbara Swiatek, Secret~.~
EXHIBIT "B-I"
FUTURE LOT 1 OF CHARLES SUBDIVISION
THAT PART OF THE NORTH 300.00 FEET (AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE
THEREOF) OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WEST LINE OF THE 100 FOOT
RIGHT-OF-WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD COMPANY
(EXCEPT THE WEST 50.00 FEET THEREOF), AND PART OF THE SOUTH 425 FEET OF THE NORTH
725 FEET, (BOTH MEASURED PERPENDICULAR) OF THE WEST 100 RODS OF THE NORTHWEST
QUARTER OF SAID SECTION 38 LYING WESTERLY OF THE WESTERLY LINE OF SAID RAILROAD,
DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE EAST LINE OF WOLF ROAD, (50
FOOT RIGHT OF WAY), WITH THE SOUTH LINE OF SAID NORTH 300.00 FEET, AND RUNNING
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID NORTH 300.00 FEET. A DISTANCE OF
382.92 FEET, TO THE POINT OF BEGINNING; THENCE NORTHERLY, PERPENDICULAR TO SAID
SOUTH LINE, 250.00 FEET, TO THE SOUTH LINE OF KENSINGTON (FOUNDRY) ROAD, (50 FOOT
RIGHT OF WAY), AS CONVEYED TO ILLINOIS DEPARTMENT OF TRANSPORTATION BY
DOCUMENT RECORDED FEBRUARY 22, 1999 AS DOCUMENT 99190110; THENCE EASTERLY,
ALONG SAID SOUTH LINE, 887.45 FEET, TO THE WEST LINE OF SAID RAILROAD LANDS; THENCE
SOUTHEASTERLY, ALONG SAID WEST LINE OF RAILROAD LANDS, 713.22 FEET, TO THE SOUTH
LINE OF THE SAID NORTH 725 FEET; THENCE WESTERLY, ALONG SAID SOUTH LINE OF THE
NORTH 725 FEET, A DISTANCE OF 105.66 FEET; THENCE NORTHWESTERLY, PARALLEL WITH
THE SAID WESTERLY LINE OF THE RAILROAD LANDS, 449.06 FEET, TO THE SOUTH LINE OF
SAID NORTH 300.00 FEET; THENCE WESTERLY, ALONG SAID SOUTH LINE, 866.98 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS
FUTURE LOT 2 OF CHARLES SUBDIVISION
THAT PART OF THE NORTH 300.00 FEET (AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE
THEREOF) OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WEST LINE OF THE 100 FOOT
RIGHT-OF-WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD COMPANY
(EXCEPT THE WEST 50.00 FEET THEREOF), DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE EAST LINE OF WOLF ROAD, (50 FOOT RIGHT OF WAY), WITH THE SOUTH
LINE OF SAID NORTH 300.00 FEET, AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE
OF WOLF ROAD, 232.03 FEET, TO THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO
ILLINOIS DEPARTMENT OF TRANSPORTATION BY DOCUMENT RECORDED SEPTEMBER 1, 1989
AS DOCUMENT 89411549, THENCE NORTH 15 DEGREES, 08 MINUTES 12 SECONDS EAST,
ALONG SAID SOUTHERLY LINE, 25.27 FEET, TO THE SOUTH LINE OF KENSINGTON (FOUNDRY)
ROAD, (50 FOOT RIGHT OF WAY), AS CONVEYED TO ILLINOIS DEPARTMENT OF
TRANSPORTATION BY DOCUMENT RECORDED FEBRUARY 22, 1999 AS DOCUMENT 99190110;
THENCE EASTERLY, ALONG THE SAID SOUTH LINE OF KENSINGTON ROAD, 368.32 FEET;
THENCE SOUTHERLY, PERPENDICULAR TO THE SOUTH LINE OF SAID NORTH 300.00 FEET,
250.00 FEET, TO SAID SOUTH LINE OF THE NORTH 300.0 FEET; THENCE WESTERLY ALONG SAID
SOUTH LINE OF NORTH 300.00 FEET, 382.92 FEET, MORE OR LESS TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
7