HomeMy WebLinkAboutOrd 2758 12/06/1977
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I AN ORDINANCE GRANTING A SPECIAL USE PERNET IN TfJE NATURE OF A
LANNED UNIT DEVELOPl\IK~T FOn PROPERTY LOCATED BETWEEN NOH'TH'&\1EST
!I HIGHWAY AND_l\IEAD~WlS PARK f~~]~VANSTql.'I..ANQ..B.AMMER ~VE~.rUES.____
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~HEREAS , the Zoning Bo~rd of ~ppeals of the Village of Mount Prospect did
heretofore ccmdu.ct a pubhc hearmg under Case No. 44-SU-77, on the
~2nd of September, 1977, on a request for a spl:!cial use in the nature of a
I lanned Unit Development; Hnd
. HEREAS , a notice of the aforesaid public hearing 'was made a.nd pt.ll1Hs.hed in
~he manner provided by law; and
,
12/2/'17
ORDINANCE NO.
2758
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IWHEREAS, the Zoning Board of Appeals of the Village or Mount Prospect has 1'e--
I~ommended to the President and Board of Trustees of the Village of IV{ount Pl'OS-
rect that tlw petitioner's request under said Case No. 44"'SU-7'7 be granted; arJ.d
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IWHEREAS , the Building Committee of the Board of Trustees of the Villarre of
It\l[olJ,nt Prospect has reviewed the matter herein and has recommended uHlmi.mousJy
I-he approval thereof to the President and Board of Trl1steps of the ViHage of Mount
rospect; and
7HEREAS, the President and Board of Trustees of the Village of Mount Prospe<..::t
lave determined that the best interests of the Village of Mount Prospect v!ill be
~ttained by the adoption of the following Ordinance regarding the subject
IFroperty;
kow, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
f)l7 THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY t ILLINOIS:
II~EC'f!.t!N ONE: That a special use permit be and is hereby granted to a.1101'1
ipAF Associates to construct a Planned Unit Development upon the following
lrescribed property:
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I Lots: 7,8,9,10,11, 12? 13, 14,38,39,40,41,42,43 and 54in H. R(.'y
Berry Company's Northwest Heights, being a subdivision of all th9.t land
II lying north of the Chicago and ~orth Western ~ailr~ad in the Northvvest
! 1/4 of the Southeast 1/4 of SectIOn 33, TownshIp 42 North, Range 11, East
II of the Third Principal Meridian. also together with all that part of Rammer
, Avenue to be vacated which lies south of the south line of Isabella Avenue
! and which lies northeasterly of the northeasterly line of Northwest Hig'hway
as said Rammer Avenue was dedi.cated in H. Roy Berry Company's North-
II west Heights aforesaid, also together with the north 35.0 feet of Evanston
II Avenue to be vacated which lies south of and adjoining the south line of
II said Isabella Avenue as said Evanston Avenue was dedicated in H. Roy
'I' Berry Company's Northwest Heights aforesaid, also together with all that
'I part of the northwesterly and the southeasterly aHey to be vacated which
I lies northeasterly of and adjoining the northeasterly line of said lots 9
,i through J.1 both inclusive ~md vlhich lies southwestElrly of the south--
,! westerly line of said lots 42 and 54 and which lies easterly of the easterly
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line of said Rammer A venu.e and which Hes westerly of the Vvcst line 01 said
Evanston Avenue as said alley was dedicated in H. Roy Berry Comp;;my's
II No1'th:wes~ Heights aforesaid, in. Cook County, Illinois; and
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I All that part of Rammer Avenue whieh lies northerly of a line
drawn from the southeasterly of the southeasterly corner of
Lot 8 in H. Roy Berry Company's Northwest Heights, herein.-
after described to the southwesterly corner of Lot 9 and
which lies south of a line drawn from the northeast corner of
said Lot 8 to the northwest corner of Lot 54; also vacating that
part of Evanston Avenue being the north 35.0 feet of said street
which lies south of and adjoining a line drav.,-n from the nortb-
west corner of Lot 38 to the nOl'theast corner of Lot 43 also vacat-
ing all that part of the 20.0 foot alley which lies easterly of a line.
drawn from the northwesterly corner of said Lot 9 to the south-
westerly corner of said Lot 54 and which lies westerly of a line
drawn from the most northerly northeast corner of Lot 14 to the
southeast corner of Lot 42, all in H. Roy Berry. Company's
Northwest Heights, being a subdivision of all that land lying
north of the Chicago and Northwestern Railroad in the north-
west 1/4 of the southeast 1/4 of Section 33, Township 42 North,
Range 11 East of the Third Principal Meridian, in Cook County,
Illinois.
ECTION TWO: That the Planned Unit Development hereinabove authorized and
ermitted shall be constructed pursuant to the land uses and standards shown
pon the Site Plan, attached hereto and hereby made a part hereof as Exhibit I ,
xcept as may otherwise be provided herein, and as necessarily mod5fied to solve
ngineering layout and design problems at the time of the constructioil of the said
lanned Unit Development.
.. Said Planned Unit Development shall consist of the construction of no more
than fifty-eight (58) dwelling units in five (5) buildings as well as one (1)
two story office building -- as shown on the said Exhibit I (Site Plan), and
with respect to the said Exhibit I (Site Plan) , the following variances
are hereby authorized and granted;
1) One garage attached to one of the single family dwelling units may be
located to within three (3) feet of the- adjacent pUblic alley;
2) The aforesaid office building may be located to within twenty (20) feet
of Northwest Highway; and
3) Required parking spaces may be of a 9 x 20 foot size and may be located
within certain of the required yards, as shown.
The site of said Planned Unit Development shall also be improved with certain
on-site and ofl-site utilities pursuant to that plan attached hereto and hereby
made a part hereof as Exhibit II (Engineering Plan) which improvements shall
be dedicated to the Village of Mount Prospect.
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~7CTION THREE: That ~he Village President is hereby authorized to sign. and
he Village Clerk is hereby authori:ed to attest, and H. Richard Graham, (::orge
. Anderson and Anthony A Fallegw.rdo shall execute and see to the recorcnng
to t~e ."Restrictive Covenants" attached hereto and hereby made a part hereof as
~xhltnt IV.
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The Planned Unit Development shall be served by such fire lanes as are shovm.
upon Exhibit III (Fire Lane Exhibit) attached hereto and hereby made a part
hereof.
Said Planned Unit Development may be designated as to location by one (1)
sign erected upon the subject property at the location shown on Exhibit I
(Site Plan) which sign shall conform in size and configuration to the
ordinances of the Village of Mount Prospect as if such sign were located
within the B-2 (Business-Office) District.
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ECTION FOUR: That the Director of Building and Zoning of the Village of Mount I
rospect is hereby authorized to issue upon proper application for building permits i
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uch permits as may be required for the construction of the said Planned Unit DevelolP--
lent -- which construction shall be governed by the terms of Article XXV of the Momhj,.t
frospect Zoning Ordinance. this Ordinance herein, and all other applicable ordi-
I ances of the Village of Mount Prospect. I
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'ECTION FIVE: That as each building in the development is completed and occupancy
ertificates are issued for all of the residences in each building, H. Richard Graham ,I
eorge B. Anderson and Anthony A. Fallegiardo will cause an Open Space Easement I
lobe delivered to the Village of Mount Prospect. ,
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These easements and plats shall be recorded and shall contain such wording I
as may be sufficient to permanently guarantee the open space as shown on such ,
easement in accordance with the said Planned Unit Development and any amend- I
ments thereto. I
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That said Open Space Easements shall constitute a covenant running with the
land and shall be enforceable by the said Village of Mount Prospect.
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I ECTION SIX: That the text of this Ordinance and the Restrictive Covenants con- !
ained in Exhibit IV hereto shall be recorded in the Office of the Recorder of Deeds ofj
I 'ook County, Illinois. upon tl}~ execution thereof. I
I ECTION SEVEN: That the vari;i~n"";granted by this Ordnance shall be null and voib
I nd of no force and effect whatsoever unless an application for a building permit pur'11
I u8nt to such variations is made and construction commenced within one (1) year of
~he date this said Ordinance becomes effective'. I
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ECTION EIGHT: That this Ordinance shall be in full force and effect from and aftc3r I
he reeording of an approved plat resubdividing (consolidating) the subject property!
I nto one (1) lot of record as shown upon that plat attached hereto and hereby made a i
art hereof as Exhibit V and after its passage, approval, and publication i.n the I
anner provided by law. I
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ASSED this _...6.th
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PPROVED this
day of December
, 1977.
fith
,day of
December
, 1977.
APPROVED:
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~TTEST:
ill /,:'j1 /-) 4/ .,
LJ( /(!7{~ ~..:::!!:!...~:'1,::f[lJ'-:;t.,7'YUl.~'
iHug() Clerk
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\ . /-;t}CtZ .'f.--/"""l" i!.f... // //[L~~,~~~,K_R,__._
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Village President
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il"ALLEGIARDO will maintain control of the Planned Unit Development proposed
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!?n the property described as follows:
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RESTRICTIVE COVENANTS
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II H. RICHARD GRAHAM, GEORGE B. ANDERSON and ANTHONY A.
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Ir ALLEGIARDO, in accordance with the provisions of Article XXV of the
I~oning- Ordinance of the Village of Mount Prospect providing for the creation
!~f Planned Unit Developments and the regulation of the same. does hereby
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!povenant with the VILLAGE OF MOUNT PROSPECT, a municipal corporation of
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Ithe County of Cook and State of Illinois, as follows:
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1.
H? RICHARD GRAHAM. GEORGE B . ANDERSON and ANTH01\:'Y A.
Lots: 1,8,9,10, .U} 12,13,14,38,39,40,41,42,43 and 54 in H. Roy
Berry Company's Northwest Heights, being a subdivision of all that land
lying north of the Chicago and North Western Railroad in the Northwest
1/4 of the Southeast 1/4 of Section 33 $ Township 42 North. Rang-e 11, East
of the Third Principal Meridian, also together with all that part of Rammer
Avenue to be vacated which l!~s~outh of the south line of Isabella Avenue
and which lies northeasterly of tfie northeasterly line of Northwest Highway
as said Ramrner Avenue was dedicated in H. Roy Berry Company's North-
west Heights aforesaid, also tog-ether with the north 35" 0 feet of Evanst.on
A venue to be vacated which lies south of and adjoining the south line of
said Isabella Avenue as said Evanston Avenue was dedicated in H. Roy
Berry Company's NorthvvestHeights aforesaid, also together with all. that
part of the northwesterly and the southeasterly alley to be vacated which
lies northeasterly of and adjoining the northeasterly lin.e of said lots 9
through 14 both inclusive and which lies southwesterly of the south--
.westerly line of said lots 42 and 54 and which lies easterly of the easterly
line of said Rammer Avenue and which lies westerly of the west line of said
Evanston Avenue as said alley was dedicated in H. Roy Berry Companyfs
Northwest Heights aforesaid 3 in Cook County, Illinois; and
also
An that part of Rammer Avenue ....lhich lies northerly of a line
drawn from the southeasterly of the southeasterly coi'ner of
Lot 8 in H> Roy Berry Company's Northwest Heights, herein--
after described to the south'westerly corner of Lot nand
which lies south of a line drawn from the northeast corner of
said Lot 8 to the northwest eorner of Lot 54; also vacating that
part of Evanston A venue being the north 35.0 feet of said. street
which lies south of and adjoining a line drawn from the north-
west corner of Lot 38 to the northeast corner of Lot 43 also vacat-.
lng all that part of the 20,0 foot alley which lies easterly of a line
drawn from the northwesterly corner of said Lot 9 to the south-
westerly cornel' of said I,ot 5,1 and which lies westerly of a line
drawn f:rom the most northerly northeast corner of Lot 14 to the
southeast corner of Lot 42; all in H. Roy Berry Company's
Northwest Heights, being a subdivision of all that land lying
north of the Chicago and Northwestern Railroad in the north-
:vJest 1/4 of the southeast 1/4 of Section 33. Township 42
North, Range 11 East of the Third Principal Meridian, in Cook
County. Illinois;
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ito guarantee development substantially in accordance with the Planned Unit
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!Development Ordinance No. 2758 , approved by the President and
IBoard of Trustees of the Village of Mount Prospect on Dec. 6. .1.977
Ifor a period of eighteen (18) months following completion of said Planned Unit
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!Development.
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I 2, H. RICHARD GRAHAM, GEORGE B. ANDERSON and ANTHONY
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IA. FALLEGIARDO do further covenant that for a period of twenty (20) years
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!from the date of commencement of construction of said Planned Unit Develop-
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Iment that they will, by contract(s) , provide for adequate maintenance of all
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ibuilding exteriors, parking areas, and other paved areas, and of all open
Ispace located within said Pla1l11ed Unit Development, which open space is de-
lfined as all of the land upon compi~fi~n of construction of the said Planned Unit
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[Development, less residential buildings, commercial buildings, parking areas
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iand other paved areas.
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II' 3. That as final occupancy by residents occur as to each state of
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lidevelopment, H. RICHARD GRAHAM, GEORGE B. ANDERSON and ANTHONY A.
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I!FALLEGIARDO will cause a Plat of Open Space Easement to be delivered to the
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IIVillage of Mount Prospect for recordation, which, by said Plat, it is intended
lito permanently guarantee open space substantially in accordance with said
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iapproved Planned Unit Development and any amendment thereto. Said Plat of
lopen Space Easement shall constitute a covenant running with the land for fifty
i (50) years from the date of said recording of those covenants and shall be en-
!rorceable by said Village of Mount Prospect.
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I 4. The covenants herein contained shall run with the land for the periods
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lof time set forth herein. Thereafter, said covenants shall be extended automatically
Iror successive periods of ten (10) years unless by a vote of the majority of the said
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ilandowners of the said property it is agreed otherwise.
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5. Nothing in these covenants shall in any way prevent alienation
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tl r sale of the subject prcperty or portion thereof except that said sale shall
e subj ect to the provisions hereof and of the Planned Unit Development
: I rdinance of the Village of Mount Prospect and the new Owner shall be
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poth benefited and bound by the conditions and restrictions herein and there-
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~n expressed.
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~lount Prospect acknowledges that its Ordinance relating to Restrictive
[rOVenants has been fully complied with.
II 7. If the parties hereto; or any of them, or their heirs or assigns
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I~hall violate or attempt to violate any of the covenants herein, it shall be
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I ~awful for the other parties hereto; including the Village of Mount Prospect; to
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'trosecute any proceeding at law or in equity against the person or persons
I iolating or attempting to violate any such covenant -- and either to prevent
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I~im or them from so doing or to recover damages or other dues for such violation.
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Ii 8. These covenants shall be binding up~n and inure to the benefit
I~f the parties hereto jointly and severally. as well as their successors or assigns.
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I ands and seals this 6th
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I~itness :
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jTTEST:
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6.
By acceptance of these Restrictive Covenants; th(~ Village of
IN WITNESS WHEREOF; the parties hereto have hereunto set their
day of December
. 1977.
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H . ~ RD GRAHAM /7
~, td~-If:~z,.
RGE .A~ \
l:""::A~~,? ....er. x =~";':'i"" e.,;;,'c.. '"x,,",..
ANTHONY A. FAL~~.9IARDO
VILLAGE OF MOUNT PROSPECT t a
municipal corporation of the County
of Cook and State of Illinois
By:
/'P ...j? ".r
vd,:A-:';'~4- ;(/!".{,(-{z.e..:..,,<_oo-
Village President
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