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HomeMy WebLinkAboutOrd 2295 04/06/1971 /""^'-, ,/" ORDINANCE NO" If tR <1 S- l'lliEREAS, the President and Board of Trustees of the Village of Ivlount Prospect, Unity Ventures, Inc., and La Salle National Bank; as Trustee .under Trusts Nos. 31535 and 40666, h retofore entered into a certain Annexation. Agreement dated. ' : . '- ; 1971, wi tlL re- spect to tile property herel af er descrlbed~ and WHEREAS, prior to the execution of said Annexation Agreement the Board of Appeals of the Village of Mount Prospect held a special joint meeting with the Mount Prospect Plan Commission on January 26, 1971, at the hour of 3:00 P.~1. in the Mount Prospect Village Hall pursuant to notice published in the Mount Prospect Herald on January 8~ 1971; and ViliEREAS, the Board of Appeals of the Village of Mount Prospect heard testimony ~resented under Case No. 7l-4A pertaining to a request by Unity Ventures" Inc. for certain special uses pursuant to Sectio!.1 5 of the l~unt Prospect Zoning Ordinance to permit the development of the property hereinafter described. upon annexation, as an office park plaza;. and T:;T~REAS? the Board of Appeals of the Village of Mount Prospect has Eileu a report with the President and Board of Trustees recommending that such special uses be allowed for the reasons stated therein; and WHEP~AS~ said property has been annexed to the Village of Mount Prosp;ct and duly classified in the B-3 Business District; and WHEREAS, pursuant to Section 3 of the aforesaid Annexation Agreement the Village has agreed that it will adopt an ordinance pursuant to Section 5 of the I'1ount Prospect Zoning Ordinance permi tting certain special uses on the subject property; and vJLEREAS~ the Village has given all the notices and held all of the public:: hearings required by law to be held in connection with the approval of SUCll Annexation Agreement and of the special uses hereinafter author- ized; and WHEREAS~ the President and Board of Trustees of the Village of Mount Prosuect have reviewed the said proposed special uses and have deter- illine~ that the same are in the best interests of t~e Village of Mount Prospect; NOi!J ~ THEREFORE ~ BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HOUNT PROSPECT~ COUNTY OF COOK$ STATE OF ILLINOIS: SECTION ONE: Pursuant to Section 5 of the Mount Prospect Zoning Ordi- ~ance the following special uses are authorized on the property des- cribed in Exhibit 1 attached hereto and made a part hereof by this refer- (:l1ce: (A) Multiple Family Dwellings (B) Hotels and Motels eCl Convention buildings and facilities including exhibition halls and meeting rooms CD) Indoor Theaters (E) Utility Systems for power and energy to serve the subject property only (F) Recreational Facilities including without limitation the following: i.;': ~! . e W' ~l d '-' ~ ~-".." ~"'~"'~ ..."'" (1) Recreational buildings (public and private) (2) Bowling Alleys (3) Community Centers (public and private) (4) Pnysical Culture (5) Health Services (6) Health Centers (7) Gymnasiums (8) Reducing Salons (9) Masseurs (10) Public Baths (II) Swimming Pools (indoor and outdoor):; commercial and private (12) Tennis clubs and tennis courts (13) Ball Fields (14) Bicycle Paths (15) Golf Courses - Putting Greens - Short Par Golf and putting greens (16) Cabanas (17) Swimming Clubs (IS) Skating Rinks (19) Sports Arenas (G) Public~ Private; Commercial and Business Schools (H) Cultural Institutions (I) Churches (3) Laundry and cleaning establishments-coin operated or otherwise where cleaning~ dyeing) or laundry is done on the premises, (K) Any uses that are either similar~ accessory) compli- mentary~ or supplementary to those enumerated in subsections (A) through (I) of this Section One. .~.'"'.~ ~=.,-~,....... (L) An enclosed, off-street parking structure Wlllcn may be partly underground and which shall contain at least two and not more than three levels. Any such structure shall have a plaza on the top, or roof, thereof, which plaza shall be considered to be the grade level of the subject p70perty for the purpose of the use and development thereof. eM) Any and all uses permitted by the Mount Prospect Zoning Ordinance or this Agreement may be constructed upon, abutting, or into said off-street parking structure. SECTION TWO: Special uses authorized to be established in SECTION ONE above shall be valid and effective only upon the performance and contin- uous maintenance with respect to the property hereinabove described and the following conditions and restrictions: (A) Not more than 1200 multiple family dwelling units shall be constructed on the subject property. No more than 5% of the multiple family dwelling units may con- tain as many as three bedrooms~ no more than 45% of such dwelling uni ts may contain as many as two bedrooms, no more than 10% of such dwelling units may contain efficiency apartments, and at least 40% of such dwelling units shall be one bedroom apartments. (B) The floor area ratio on the subject property, exclu- sive of underground off-street parking areas, or any other floor area used for open, enclosed or covered off-street parking facilities and uses accessory thereto, shall not exceed 1.2. (C) All structures on the subject property shall be set back at least 84 feet from Elmhurst Road, 30 feet from Algonquin Road, and 25 feet from the North and "st property lines. CD) Only one (I) automobile service station shall be con- structed above ground. No other automobile service station or drive-in commercial facilities shall be con- structed on the subject property except that automobile service station facilities may be located in an en- closed or underground parking structure if no portion thereof is visible from the street and there has been compliance with all applicable statutes and ordinances of the State of Illinois and the Village of Mount Pros- pect. (E) At least 1.5 parking spaces shall be provided for each residential dwelling unit. (F) At least 1.0 parking space shall be provided for every two (2) theater seats. (G) At least 1.0 parking space shall be" prc~ided for each hotel and motel room. (H) The aforesaid plaza shall, except where occupied by buildings~ be improved with access roadways, walkways, pools~ fountains) flower beds, shrubberYJ trees, land- scaped areas and similar amenities. (I) The sides of the aforesaid plaza shall, except where buildings abut it; be covered by a planted and land- scaped berm. ~ ~.,~~~"'"' SECTION THREE: 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; t: tJ NAYS: ,IAday of ~/"L : 1871. ~~~9' Village President PASSED AND APPROVED this ATTES44~ ~~ Village Clerk ./ . ,!" . ./ ",'\..-- .. . . ~ " i. \ LAW crncr:s .SH. ANOS. HARRIS I & FREEDMAN II II .1 II . W.WASHltJGTC1N ST (:HICAGO F,O~O? 346-1390 Ii ~. J2cQq.s -II - .', . I I t . ~,. ,~. '" A1'1ENrMENI' ill ANNEXATION AGREEMENT This Amendment made and entered into by and between the VILLAGE OF MOUNT PROSPECT, a municipaJ. corporation of the County of Cook in the State of Illinois hereinafter referred to as the VILLAGE and LA SALLE ., .' ,. : f- '?, NATIONAL BANK, TRUSTEE UNDER TRUST NOS. 31535 and 40666 hereinafter referred to as OWNER and UNITY VENTURES, INC., an Illinois corporation hereinafter referred to as DEVELOPER. WIT N E SSE T H: WHEREAS, the parties hereto did heretofore on April 6, 1971 enter into a certain Annexation Agreement with regard to certain property whic~ was annexed by OWNER and DEVELOPER to the VILLAGE, which property is more fully described in said Annexation Agreement, and " WHEREAS, pursuant to the terms of said Annexation Agreement said , ~ ...~. f. '1',... ... Agreement shall be effective for a term of five (5) years from the date \: of said Agreement, and WHEREAS, there are various obligations on the part of both the VILLAGE and. the DEVELOPER with regard to the property subject of :said Annexation Agreement as is more fully described therein, and '.. ~ i / \~S, said Agreement has reference in various provisions thereof as to same being effective for a period of five (5) years from the date of said Agreement, and WHEREAS, the Legislature of the State of Illinois has amended its ordinances relating to Annexation Agreements and does now authorize Annexation Agreements to be entered into by municipalities for a period of ten (10) years, and vlHEREAS, OHI.JER and DEVELOPER has corrnnenced the development of the property subject of said Annexation Agreement and wish to continue with said development. 'I \ . I I _.....~k , ...t' .1"';- Ii I ,_.,. , , t.A'./'J OFFICE..::; ,SH, ANOS. HARRIS &. FREEDMAN . ..,J ......ASHINGTON ST. CHICAGO 60602 :]46-1390 .' " NOW THEREFDRE, in consideration of the mutual covenants and conditions hereinafter set forth the parties hereto do hereby agree as follows: 1. 111e parties do hereby 8;gree that the Annexation Agreement hereinabove described shall continue in full force and effect for a :1' ':1 " . I~' ~1 :~ :~ period of ten (10) years from the date of said Ag;reement instead of five (5) years. >~ t.' ,~ " .."'," < , 2. That all references in said Agreement to a period of five (5) years are hereby automatically amended to provide for a period of ten (IO) '. ., years. 3. That all of the other terms and conditions of said Annexation \, '. Agreement not inconsistent herewith shall remain in full force and effect and all of the parties hereto do hereby agree to comply with and be .! bound by the provisions of said Annexation Agreement for a period of ten (10) years from the date of said Agreement or until April 6, 1981. r IN WITNESS WHEREOF, the parties hereunto have set their hands -<I :,",' -;., ; . " and seals the day and year first above written. ',,~. 'i.~ ~/~ . , -'. ~!..,' " , ATI'EST: AhLLtI tu Village Clerk VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook,:" ~~:t~/~~~'L/~' " Village President . .'\.-. :1 ~'\ )Lk~ , , I, OvJNER : LA SAllE NATIONAL BANK, TRU~TEE UNDER TRUST~ NOS. 3~53: and;~7cCOOnallY. By: J L. / ,/"./ ~ Assistant Vice President " {~~ .'. I - II I / (",. ;/17'1/1 A/: /). J./ -' ~, ";l.. /., -. , .. ,'. ." ~ ....=d/ DEVELOPER: By: President A~01/ ,~ Secretary It.... -2- ..~'~"'''''.''''......- RJ.l)ER ATTACHED TO A..'tID MADE APART OF DOCtn1EUT DATED Ul\TJ)ER TRUST NO~ .-, ~ >- t . ,. ~, 4 . / ;/,',;',/, '- l" t" This instrument is executed by LaSALLE NATIONAL BAln{, not personally but solely as Trustee, as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisionsi stipulations, covenants and conditions to be performed by LaSALLE ttATIONAL BANK are undertaken by it solely as Trustee, as aforesaid, and not individually and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against LaSALLE NATIONAL BANK by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. ~. 'EXHIBIT.l ~~':' .~::-. -~~.."...".---:--:--; ._..-"---,,.,..._,,~.._...,,~,-...::: , ' , Lot A in Linneman's Division of the S6uth 3/4 of the East 1/2 of the Northeast 1/4 and the West 1/2 of the Northeast 1/4 of Section 23# Township 41 North, Range II East of the Third principal Meridian and the South 477.72 feet of the West 1/2 of ,the Southeast 1/4 of Section 14, Township 41 North, Range' 11 East Of the ThirclPrin-- cipa1Meridian(except that part of Lot 4 c-andthe East 1/2 ,of the Northeast 1/4 of Section 23 aforesaid described as follows: Beginning at the Southeast corner of said Northeast 1/4, thence North along the East " line of, said Northeast 1/4 to a. point 500.0 feet North of the center line of Algonquin Road as per Document No. 11195787; thence West parallel with the center line of said Algonquin Road, 270.0 feet; thence South ,parallel with the East line of said North;" " east 1/4, 250.0' feet; thence West parallel with't.hecenterlineof said Algonquin Road 30~Ofeet;thence South parallel with the East line of said Northeast 1/4 to the ,South line'of said Northeast 1/4; thence East along said South line to pointd of be- . ginning) ; , '.. . . . .,. .__..__. ____..________._~__~_. _._~~___,.c~ i f