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HomeMy WebLinkAboutOrd 2459 10/16/1973 OFF'C~ MUN \ -IE CLERK M IC'PA... GUlL' aUNT PR08P'~ Q,ING ,...c,., ILL. ORDINANCE NO. 2459 AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES COMMONLY KNOWN AS THE BUSSE ROAD APARTMENTS / WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofore conduct a special public hearing under Case No. ZBA-6-SU-73 on May 31, 1973, 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 I ~ WHEREAS, a notice of the aforesaid special public hearing was made in the I manner provided by law and published in the May 16, 1973, edition of a newspaRer of general circulation within the Village of Mount Prospect; and I WHEREAS, the Zoning Board of Appeals recommended that the development proposed during the course of said hearing be authorized in that it would in no way be detrimental to the Village of Mount Prospect; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect did meet on August 8, 1973, to review the subject matter of Case No. ZBA-6-SU-73; and WHEREAS, the said Building Committee of the Board of Trustees of the Village of Mount Prospect has recommended that the President and Board of Trustees of the Village of Mount Prospect concur with the recommendation of the Zoning Board of Appeals to grant the request contained in Case No. ZBA-6-SU-73; 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 attained by the adoption of the Zoning Board of Appeals' recommendation under Case No. ZBA-6-SU-73 regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTItES " OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That a special use permit be and is hereby granted to allow The Busse Road Corporation, or its assignees, to construct a planned unit development upon the following described property, hereinafter referred to as the "subject property": PBA SUBDIVISION, being A subdivision of part of the East Half of the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; a copy of which Plat of Subdivision of the subject tract is attached hereto and d~.;. made a part hereof as Exhibit A; and which subdivision shall not be resubdivide . " OF'F"~CE OF" THE Cl.E~K MUNICiPAL BUILDSNG MOUN.T PR<<;1SPECT, IlL.L. ,~ hereafter -- in accordance with the special use permit granted herein. , ~ , ~ I I ~ SECTION THREE: That The Busse Road Corporation, as owner of the subject prd- perty shall execute and see to the recording of the "Restrictive Covenants" at- I tached hereto and made a part hereof as Exhibit C. ~ I SECTION FOUR: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue upon recording of the aforementioned Ex- i hibits A and C and upon proper application for building permits, such permits afi may be required for the construction of the said planned unit development -- Wh~' h construction shall be governed by the terms of Article XXV of the Mount Prospec Zoning Ordinance, this ordinance herein, and all other applicable ordinances of t e Village of Mount Prospect, with fences and signs to be in general conformity wit the Fence & Sign Exhibits attached hereto and hereby made a part hereof as Ex- . hibits D and E respectively. 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 B, 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. i.' , I ~ i ~ i ~ " Construction of public improvements on site and off site shall pro- I ceed pursuant to the ordinances of the Village of Mount Prospect, I or if The Busse Road Corporation desires to construct the said i planned unit development in stages as shown upon the said Ex- i ~ hibit F, the stages of development may proceed in any sequence I and combination as determined by The Busse Road Corporation ~ so long as the water mains, storm and sanitary sewer lines, and i access roads within any given stage shall have been constructed ! and installed by the Owner and approved and accepted by the Village before the Village shall issue any building permits for buildings located within that given stage. For fire fighting pur- poses, the aforementioned "access roads" shall mean those private roads reflected on the Site Plan (Exhibit B) as well as those fire lanes shown upon Exhibit G (attached hereto and hereby made a part hereof), except that no asphaltic topping shall have been in- stalled thereon during construction. The owner, The Busse Road Corporation, shall have the option to construct the entire planned unit development at once -- or in stages as shown in the Stage Plan Exhibit attached hereto and hereby made a part hereof as Exhibit F. B. C. Before the acceptance by the Village of ownership of any on site water mains or sanitary sewer lines reflected in the On Site and Off Site Utility Plan (Exhibit H) attached hereto and hereby made a part hereof, The Busse Road Corporation shall convey to the Vil- lage of Mount Prospect sufficient easements (minimum 10 feet for the maintenance of such on site water mains and sanitary lines and shall post with the Village bonds in a form approved by the Village Attorney and in sufficient amount as to guarantee said construction and installation for a period of two (2) years from the date of acceptance of said water mains and sanitary sewer lines. t ; -2- I :1 lIT ii t H ~ r. :: ~ b I I i 'I II D. The storm water retention lake shown upon the Site Plan (Exhibit ~) il shall be a minimum 2.39 acre feet capacity. I II SECTION FIVE: That as each stage of development is completed and occupancy I II certificates are issued for all of the residencies in such stage, The Busse Road II Corporation will cause a Plat of Open Space Easement to be delivered to the Vil- ilage of Mount Prospect. II I' I II il ~ ~ , ' , " 'DFFICE OF Tf '_ER1{ MUNICIPAL E:.___ ~~ING MOUNT PR08PECT~ IL~ A. These plats shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit development and any amendments thereto. B. That said Plats of Open Space Easement shall constitute a III covenant running with the land and shall be enforceable by i the said Village of Mount Prospect. JI I i,', SECTION SIX: That this ordinance together with all its exhibits and plans shall I I be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon! I completion of the planned unit development herein; and the Restrictive Covenants I il contained on Exhibit C hereto shall be recorded immediately upon the execution I ! thereof and the passage and approval of this ordinance. I i SECTION SEVEN: That this ordinance shall be in full force and effect from and I I after its passage, approval, and publication in the manner provided by law and I I the recording of the Plat of Subdivision and Restrictive Covenants attached here- i ~ to as Exhibits A and C, respectively. Ii ~ ~ ! II !AYES: 6 i II i ,INAYS: 0 I !i I IlpASSED and APPROVED this l6thday of October. 1973. I h i II ~~/.L4 !I Village President I II I 'IATTEST: I 1,f~WA.~ 'IVillage Clerk 11 !I H q H n !I " B li II II II II I! a . ___1_0_ -3- ~.~ /~. .-~ . - - 3 Q' \^,~h~. :.J nL el-~".c= o ,. ~~-M~~~~,.1~~,~ ? ' ' ...2 538 62 j: 62 ..." 6 8 .... 9 9 (, C RESTRICTIVE COVENANTS THE BUSSE ROAD CORPORATION, an Illinois corporation, in accordance with the provisions of Article XXV of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the VlLLAGE OF MOUNT PROSPECT, a municipal corporation of ' the County of 'Cook and State of Illinois, as follow s: 1. THE BUSSE ROAD CORPORATION will maintain control of the Planned Unit Development proposed on the property described as follows: The North 5 acres of the South 35 acres (except the West 210 feet of the South East Quarter of the North East Quarter of Section 22, Township 41 North. Range 11, East of the Third Principal Meridian in Cook County. Illinois (except therefrom that part thereof lying East of a line parallel to and 50 ft. distant from the East line of the North East Quarter of said Section 22; AND The North 5.544 acres of the South 40.544 acres (except the West 210 feet and the East 50 feet) of the South East Quarter of the North East Quarter of Section 22. Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; AND The South 5 acres (except the West 210 feet thereof) of the North East Quarter of the North East Quarter of Sec- tion 22, Township 41 North. Range 11 East of the Third Principal Meridian in Cook County, Illinois, (except there- from that part thereof lying Northeasterly of a line which intersects the Northerly line of aforesaid South 5 acres, a distance of 58 feet West of the East line of the North East Quarter of said Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, and which intersects the Southerly line of the aforesaid South 5 acres, a distance of 50 feet West of the East line of the North East Quarter of Section 22. Township 41 North. Range 11 East of the Third Principal Meridian. in Cook County, Illinois f"V rv (..J1 U) CO OJ rv to guarantee development substantially in accordance with the Planned Unit Development Ordinance No. 2459 approved by the President and Board of Trustees of the Village of Mount Prospect on 0 c to b e r 1 6 , 1 973. for a period of eighteen (18) months following completion of said Planned Unit Development. ~~. 0, '!:"- · . It" 111ft n;.- T' ,MUNIC'PA. HE CLERk.. .M,DiJ~T PRo);, ~BpU'LOING , . , ... EST; ILL;. 2. THE BUSSE ROAD CORPORATION does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that will, by contract(s), provide for ade- quate maintenance of all 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 stage of develop- ment, THE BUSSE ROAD CORPORATION will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation, which, by said Plat, it is intended to permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendment thereto. Said Plat of Open Space Easement shall constitute a covenant running with the land for fifty (50) years from the date of said recording of those covenants and shall be enforceable by said Village of Mount Prospect. 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 these covenants shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subj ect to the provisions hereof and of the Planned Unit Development Ordinance r'0 f',.) U1 C0 CO CJ") rv 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 Ordinances relating to Restrictive Covenants -2- -~'=', 'O~"F::CE OF' TfLfi .-c " M ' !rl! Ii " ~ e,v,?' . , ;,!;t :.,. : ,'" ~'...'> .:\" _ ~ " "U N ~c ~,.p..' AL BU' 'FLrr- [if';;' . MOUNT'. " ,,'" ILlir~.8J~ . PROSPECT, ~fLl.. 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 proceedings at law or in equity against the person or persons violating or attempting to lliolate 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 inure to the benefit of the parties hereto, their successors and assigns. WHEREFORE, the parties hereto have hereunto set their hands and seals this 16th day of October , 1973. THE BUSSE ROAD CORPORATION, An Illinois corporation "" '~,T':l'~ST: . ,..,\.~ b....a';.:",. ",,\\, P"'" (,)'/' '. .' ....". ~..*. ".~> \'." 1.... ........ ",Iif',:.f J .~ ." . 'C~ ,~~ ~".i'~">::: :~ !: i; '" 1t.l'\ ::. 0.'; :J:, .#... ~~ Ut f~ ,> 41'.. /- ,,:.' "if;.'1 "0 t,. f ~:':j-. ~f \ < By: ~v ~e - / j/;& 1~~ VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois Village By: '1.",>,......,..." ',,' j.'" ,': :;,,:~;;(:')fI';~,-<:;"'"; ',t~,;,..,~M'..~ It-ft; H}~: ~f~ ~\~p )." .- .,,' '."f' ,.~...~~+Pt;'i.r",~"'~. ~~~~ \'lficcftC!(n(JcF 'ilg~~$ f'"'0 f'0 (Jl La.) CO en N Nov 1'73 3 JJ PM ;e2253862 t \: -3-