HomeMy WebLinkAboutOrd 2434 06/19/1973
ORDINANCE NO. 2434
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE NATURE
OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF FOUNDRY AND RIVER ROADS
WHEREAS, the Plan Commission of the Village of Mount Prospect did heretofore
conduct a Public Hearing under Case No. 72:.8P on April 21, 1972, at the
hour of 8: 00 p. m., pursuant to a request for a special use in the nature
of a Planned Unit Development; and
WHEREAS, a notice of the aforesaid public hearing was made in the manner
provided by law and published in the March 31, 1972, edition of a newspaper
of general circulation within the Village of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that the best interests of the Village of Mount Prospect will
be attained by the passage of the following Ordinance regarding the subject
property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That a special use permit be and is hereby granted to allow
American National Bank & Trust Company, not individually, but as Trustee
under Trust No. 76088, and George A. Doetsch and Henrietta E. Doetsch,
or their assigns, to construct a Planned Unit Development upon the following
described property:
That part of Lot 4 in the Owners Subdivision in the South-
east ! of Section 25, Township 42 North, Range 11, East of
the Third Principal Meridian as per the plat thereof recorded
September 10, 1919, as Document Number 102235 lying East
of a line described as beginning at a point on the South line of
said Lot 4, 588.90 feet West of the center of Des Plaines River
Road, which is the Southeast corner of said Lot 4: thence
North at right angles to the South line of said Lot 4, 498.05
feet to a point on the North line of said Lot 4, excepting from
the above tract of land that part described as commencing at
a point on the South line of said Lot 4, 404.40 feet West of
the center of Des Plaines River Road, said point being the
center of a creek; thence continuing West along the South line
of said Lot 4, 184.50 feet; thence North at right angles 355.0
feet to a point in the center of said creek; thence along the
center of said creek the following 5 courses, South 50 degrees,
42 minues, 38 seconds East, 71.06 feet; thence South 27 de-
grees, 43 minutes, 54 seconds East, 197.71 feet; thence South
06 degrees, 37 minutes, 57 seconds West, 43.29 feet; thence
South 42 degrees, 16 minutes, 25 seconds East, 29.73 feet;
thence South 17 degrees, 49 minutes, 08 seconds East, 73.53
feet to the place of beginning, also excepting from said Lot 4
that part described as: Commencing at a point on the South
line of said Lot 4 with the West line of River Road as per the
plat of dedication thereof recorded as Document Number 12177789;
thence West along the South line of said Lot 4, 193.24 feet;
thence North at right angles to the South line of said Lot 4, 185.0
feet; thence East parallel with the South line of said Lot, 190.0
feet to a point on the West line of River Road aforesaid; thence
South along the West line of said road to the place of beginning,
Cook County, Illinois
ALSO
That part of Lot 4 in the Owners Subdivision in the South-
east! of Section 25, Township 42 North, Range 11, East of
the Third Principal Meridian as per the plat thereof recorded
September 10, 1919, as Document Number 102235 bounded by
a line described as follows: Commencing at a point on the
South line of said Lot 4 with the West line of River Road as per
the plat of dedication thereof recorded as Document Number
12177789; thence West along the South line of said Lot 4, 193.24
feet; thence North at right angles to the South line of said Lot 4,
185.0 feet; thence East parallel with the South line of said Lot,
190.0 feet to a point on the West line of River Road aforesaid;
thence South along the West line of said road to the place of
beginning, Cook County, Illinois
SECTION TWO: That the Planned Unit Development hereinabove authorized
and permitted shall be constructed pursuant to the land uses and standards
shown upon the Site Plan, attached hereto and hereby made a part hereof
as Exhibit A, except as may otherwise be provided herein, and as necessarily
modified to solve engineering layout and design problems at the time of the
construction of the said Planned Unit Development.
A. Said Planned Unit Development shall consist of the construction
of no more than 120 dwelling units upon that portion of the subject
property zoned R4 (Residential Development District).
1. Said dwelling units may comprise a maximum number of thirty-
two (32) twobedroom units.
2. No units containing more than two bedrooms shall be permitted.
B . In addition, said Planned Unit Development shall include a maximum
threestory office building containing no more than 4,356 square
feet gross floor area per floor, which building shall be located
within that area of the subject property zoned B.,..4(Business _
Retail and Service District).
SECTION THREE: That the Village President is hereby authorized to sign and
the Village Clerk is hereby authorized to attest, and George A. Doetsch and
Henrietta E. Doetsch shall execute and see to the recording of the "Restric-
tive Covenants" attached hereto and hereby made a part hereof as Exhibit B.
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SECTION FOUR: That the Director of Building and Zoning of the Village
of Mount Prospect is hereby authorized to issue upon proper application for
building permits, such permits as may be required for the construction of
the said Planned Unit Development -- which construction shall be governed
by the terms of Article XXV of the Mount Prospect Zoning Ordinance, this
Ordinance herein, and all other applicable ordinances of the Village of Mount
Prospect.
SECTION FIVE: That as each building in the development is completed and
occupancy certificates are issued for all of the residences in each building,
American National Bank & Trust Company, not individually, but as Trustee
under Trust No. 76088, and George A. Doetsch and Henrietta E. Doetsch
will cause a Plat of Open Space Easement to be delivered to the Village of
Mount Prospect.
A. These plats shall be recorded and shall contain such wording as
may be sufficient to permanently guarantee the open space as shown .
on such easement in accordance with the said Planned Unit Developmetlt
and any amendments thereto.
B. That said Plats of Open Space Easement shall constitute a cove-
nant running with the land and shall be enforceable by the said
Village of Mount Prospect.
SECTION SIX: That the text of this Ordinance and the Restrictive Covenants
contained in Exhibit B hereto shall be recorded in the Office of the Recorder
of Deeds of Cook County, Illinois, upon the execution thereof.
SECTION SEVEN: That this Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by
law.
AYES: 5
PASS: 2
NAYS: 0
PASSED and APPROVED this 19th day of June, 1973.
ATTEST: ~
Jj17tkC (y
Village Clerk /
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RESTRICTIVE COVENANTS
GEORGE A 0 DOETSCH and HENRIETTA E. DOETSCH, in accordance
with the provisions of Article XXV of the Zoning Ordinance of the Village
of Mount Prospect providing- for the cr-eatian of Planned Unit Developments
a1')d the regulation of the same, does hereby covenant with the VILLAGE
OF MOUNT PROSPECT, a mrmicipal corporation of the County of Cook
and State of Illinois, as follows:
1. GEORGE A. DOETSCH and HENRIETTA E, DOETSCH will
maintain control of the Planned Unit Development proposed on the property
described as follows:
,
That part of Lot 4 in the Owners Subdivision in the South-
east i of Section 25, Township 42 North, Range 11, East of
the Third Principal Meridian as per the plat thereof recorded
September 10. 1919. as Document Number 102235 lying East
of a line described as beginning at a point on the South Hne of
said Lot 4. 588.90 feet West of the center of Des Plaines River
Road, which is the Southeast corner of said Lot 4: thence
North at right angles to the South line of said Lot 4, 498.05
feet to a point on the North line of said Lot 4, excepting from
the above tract of land that part described as commencing at
a point on the South line of said Lot 4, 404.40 feet West of
the center of Des Plaines River Road, said point being the
center of a creek; thence continuing West along the South line
of said Lot 4, 184.50 feet; thence North at right angles 355.0
feet to a point in the center of said creek; thence along the
center of said creek the following 5 courses, South 50 degrees,
42 minues, 38 seconds East, 71. 06 feet; thence South 27 de-
grees, 43 minutes, 54 seconds East, 197.71 feet; thence South
06 degrees. 37 minutes. 57 seconds West, 43.29 feet; thence
South 42 degrees, 16 minutes. 25 seconds East, 29.73 feet;
thence South 17 degrees, 49 minutes, 08 seconds East, 73.53
feet to the place of beginning. also excepting from said Lot 4
that part described as: Commencing at a point on the South
line of said Lot 4 with the West line of River Road as per the
plat of dedication thereof recorded as Document Number 12177789;
thence West along the South line of said Lot 4, 193.24 feet;
thence North at right angles to the South line of said Lot 4, 185.0
feet; thence East parallel with the South line of said Lot, 190.0
feet to a point on the West line of River Road aforesaid; thence
South along the West line of said road to the place of beginning,
Cook County, - Illinois
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ALSO
That part of Lot 4 in the Owners Subdivision in the South-
east 1 of Section 25, Township 42 North t Range 11. East of
the Third Principal Meridian as per the plat thereof recorded
September 10, 1919 t as Document Number 102235 bounded by
a line described as follows: Commencing at a point on the
South line of said r,ot 4 with the West Une of Rive;.: Road as
the plat of dedication thereof record(~d as Document Number
12177789; th"mce '\i\Jest along the South line of said Lot 4, 193.2'0,
feet; thence North ~1t right angles to the SmIth line of said Lot 4,
185.0 feet; thence East parallel with the South line of said Lot"
190.0 feet toa on the West line of River Road qforesaid;
thence South along the West of rO[tcl to the
beginning 9 Cook C01l'nty, BEnois
to guarantee development substantially in aecordance
';,he Planned Unit
D1::vHlopment Ordinance No, ___~, approved by the
and Board of
Tru.stees of the Village of Mount Prospect on _____R_'"_'___, for a period
,eighteen (18) months fonowing completion of said Plann.ed Unit Development,
2. GEORGE A, DOETSCH and HENRIETTA E. DOETSCH does
further covenant that for a period of twenty (20) years from the date of
commencement of construction of said Planned Unit Development that they will"
by contract(s), provide for adequate maintenance of
building exteriors,
parking areas, and other paved areas, and of all open space located within
said Planned Unit Development. which open space is defined as all of the
land upon completion of construction of the said Planned Unit Development.
less residential buildings, commercial buildings, parking areas and other
paved areas.
3. That as final occupancy by residents occur as to each state of
development, GEORGE A. DOETSCH and HENRIETTA E, DOETSCH will cause
a Plat of Open Space Easement to be delivered to the Village of Mount Prospect
for recordation, which 9 by said Plat, it is intended to permanently guarantee
open space substantially in accordance with said approved Planned Unit
D~velopment and any amendment thereto. Said Plat of Open Spac2 Easement
shall constitute a covenant running with the land for fifty (50) years from
the <late of said recording of those covenants and shall be enforceable by said
Village of Mount Prospect.
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4. The covenants herein contained shall run with the land for the
periods of time set forth herein. Thereafter, said covenants shall be extended
automatically for successive periods of ten. (10) years unless by a vote of the
majority of the said landowners of the said property it is agreed otherwise.
5. Nothing in those covenants shall in any way prevent alienation
or sale of the subject property or portion thereof except that said sale shall be
subject to the provisions hereof and of. the Planned Unit Development Ordinance
of the Village of Mount Prospect and the new Owner shall be both benefited and
bound by the conditions and restrictions herein and therein expressed.
6. By acceptance of these Restrictive Covenants, the Village of
Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants
has been fully complied with.
7. If the parties hereto, or any of them, or their heirs or assigns
shall violate or attempt to violate any of the covenants herein, it shall be lawful
for the other parties hereto, including the Village of Mount Prospect, to prosecute
any proceeding at law or in equity against the person or persons violating or
attempting to violate any such covenant -- and either to prevent him or them
from so doing or to recover damages or other dues for such violation.
8. These covenants shall be binding upon and inur~ to the benefit
of the parties hereto, their successors and assigns.
George A. Doetsch
Henrietta E. Doetsch
VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook and State
of Illino.iS . .~ . _
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~ By:.~~~_ '. ~
ATTES~4 << ~ Village Preaidenl
Village Clerk
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