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HomeMy WebLinkAboutOrd 4543 05/04/1993 ORDINANCE NO. 4543 AN ORDINANCE GRANTING A SPECIAL USE IN THE NATURE OF PLANNED UNIT DEVELOPMENT FOR PROPERTY GF~ERALLY KNOWN AS 1000 WEST CENTRAL ROAD (KIMBALL HILL) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 4th day of May , 1993 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4th day of MaY , 1993. CAF/ 4/15/93 ORDINANCE NO. 4543 AN ORDINANCE GRANTING A SPECIAL USE IN THE NATURE OF PLANNED UNIT DEVELOPMENT FOR PROPERTY GENERALLY KNOWN AS 1000 WEST CENTRAL ROAD (KIMBALL HILL) WHEREAS, Kimball Hill, Inc. (hereinafter referred to as Petitioner) has filed a petition for a Special Use in the nanure of a Planned Unit Development with respecn no property generally known as 10000 West Central Road (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is legally described as follows: The East half of the Southeast Quarner (except the ease 710 feet thereof) of Section 33, Township 42 North, Range 11, East of the Third Principal Meridian, lying south of the right-of- way of the Chicago Northwestern Railway, and except for the east 425 feet of the south 496 feet thereof in Cook County, Illinois and WHEREAS, Petitioner desires to create a Planned Unit Development providing for 9 single family homes and 54 townhomes, shown on the Site Plan; and WHEREAS, a public hearing was held on the request for Special Use, designated as ZBA Case No. 21-SU-93, before the Zoning Board of Appeals of the Village of Mount Prospect on the 25th day of March, 1993, pursuant to proper legal notice having been published in the Mount Prospect Herald on the 9th day of March, 1993; and WHEREAS, the Zoning Board of Appeals has submitted its findings on the proposed Special Use to the President and Board of Trustees; 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 granting ~o the Subject Properny the Special Use in the nature of a Planned Unit Development as requested in ZBA 21-SU-93. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOkRD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That a Special Use in the nature of a Planned Unit Development is hereby granted to the Petitioner to allow the Subjecn Property to be developed with 9 single family and 54 townhomes as shown on the Land Design plans and other documents as specified in SECTION TWO of this Ordinance. SECTION TWO: That the Planned Unit Development granted herein is subject to The following detailed plans in the official public hearing file and conditions: 1. Site Plan ~4692, dated 2/15/93 by Jen Land Design 2. Landscape Plan 94692 dated 2/15/93 by Jen Land Design 3. Preliminary Engineering 940493 dated 2/17/93 by Fletcher Engineering. Final Engineering for public improvements shall not include an island in the cul de sac. BA 21-SU-93 Page 2 of 2 4. Foundation Landscape Plan, ~4692 dated 10/8/92 by Jen Land Design. 5. Elevations and floor plans #002-92-26 dated 4/20/92 by Bloom Fiorino /Architects. 6. That the western-mos5 roadway of the development to Central Road is subject to review and approval by IDOT, with the following conditions imposed by the Village of Mount Prospect: a. The entrance shall be northbound, one-way only, to a distance meeting ~he driveway on Lot 1 and no exit from 5he developmen5 shall be allowed from this roadway; b. Eastbound 5raffic on Central Road shall be prohibited from making left turns onto this roadway. Such traffic shall use the entrance at Cathy Lane; c. Westbound traffic on Central Road shall be permitted 5o make right turns onto this roadway; d. The developer shall be required 5o post signs providing for these regulations on traffic movemenss, subject to review and approval of the Police Department, Public Works Department and Engineering Division. 7. The developer, with the Village's approval, shall prepare and record a Protective Covenant on Lot 1 prohibiting any fencing in front of the building line on Central Road, or allowing any planting that would create a sight line problem. Such recorded Covenan5 shall be provided to the Village of Mount Prospect prior 5o the issuance of any building permit for Lot 12. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication ~n pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: Busse PASSED and APPROVED this 4th day of May , 1993. ATTEST: / Carol A. Ffelds Village Clerk PROTECTIVE COVENANT BY AND BETWEEN ~ VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE owNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE Kimball Hill, Inc. ("Developer") is the developer of the property located in the Village of ' $23. O0 Mount Prospect, Cook County, Illinois that is legally 12.'53:00 Lot 1 in lVfdlers Station Resubdivision, part of the East one half (1/2) of the southeast quarter (1/4) (Except the east 710 feet thereof) of Section 33, Township 42 North, Range 11 East of the Third Principal Meridian, lying south oftbe fight-of-way of the Chicago and Northwestern Railway, and except for the east 425 feet oftbe south 496 feet thereof, in Cook County, Illinois. The Developer petitioned the Village of Mount Prospect ("Village") to approve a PUD permitting a residential development according to an approved site plan. As a condition of development, the developer and the Village agreed and the Village then duly ordered that a .cte, rl~i~ ~, protective covenant be recorded against the subject property ~o mn with the land. IT IS TI:IEREFORE ORDERED bythe Village pursuant to Mount Prospect Ordinance No. 45~3, and specifically agreed between the Developer and the Village as follows: 1. Irrespective of any Village permit or regulation to~ fence of any kind or nature shall be erected or maintained betwe,efi the building line and Central Road. 2. No planting shall occur that tends to obstruct the line of fight for motorists, pedestrians or bicyclists along Central Road or any of the intersections along Central Road and adjacent to the subject property. Whether a planting tends to obstruct the line of sight shall be determined by the Village. . This Protective Covenant shall be binding upon the Successors, heirs and assigns of the parties and is intended to mn with the land. 4. The Developer acknowledges the receipt of good and valuable consideration from the V'fllage for the establishment of this Protective Covenant. Ordered and Agreed to by the V'fllage of Mount Prospect Agreed and Acknowledge41/6y~h'e~Developer - 2 -