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HomeMy WebLinkAboutOrd 4180 05/01/1990CAF/ 4/13/90 ORDINANCE NO. 4180 AN ORDINANCE REPEALING ORDINANCE NO. 3656 AND GRANTING A SPECIAL USE IN THE NATURE OF PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS 2200 SOUTH BUSSE ROAD WHEREAS, Rosenow Investment Properties (hereinafter referred to as Petitioner) has filed a petition for a Special Use with respect to property commonly known as 2100 South Busse Road (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is legally described as follows: Lot 1 in Busse Road Subdivision, being a subdivision in the East Half of the Southeast Quarter of section 22, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois and WHEREAS, Petitioner had submitted a request for variations, being the subject of ZBA Case No. 4-V-86, which variations were granted by the President and Board of Trustees of the Village of Mount Prospect on June 6, 1986, through the passage of Ordinance No. 3656 entitled "An Ordinance Granting Variations for Certain Property Generally Located on the West side of Busse Road Approximately 800 Feet North of the Northwest Tollway in the Village of Mount Prospect; and WHEREAS, Petitioner seeks a Special Use in the nature of a Planned Unit Development, providing for the development of a 5-lot Light Industrial use, a variation from the Planned Unit Development standards: 1. To waive the requirement that the development be under common ownership for the 18 month period, as required; and 2. To waive the required perimeter yard setbacks. WHEREAS, a public hearing was held on the request for. Special Use (designated as ZBA Case No. 17-SU-90) before the Zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of February, 1990, pursuant to proper legal notice having been published in the Mount Prospect Herald on the 7th day of February, 1990; 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 the adoption 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 the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That inasmuch as the variations granted under Ordinance No. 3656 will no longer be applicable following the adoption of the Special Use in the nature of a Planned Unit Development, being the subject of ZBA 17-SU-90, said Ordinance No. 3656 is hereby repealed. ECTION THREE: That a Special Use in the nature of a Planned Unit Development is hereby authorized, which Planned Unit Development shall be developed in accordance with the Site Plan attached hereto and hereby made a part hereof as Exhibit "A", Lenet Design, ~-15- 90. SECTION FOUR: That the Planned Unit Development being the subject of this Ordinance is granted subject to the following conditions: 1. That the Planned Unit Development shall remain under common management or control by an Association of the individual owners of lots within said Planned Unit Development, for the maintenance of private streets, utilities, open space and storm water detention areas. 2. That a proposal for unified signage in the Planned Unit Development be approved by the Sign Review Board. 3. All industrial lots shall provide a thirty foot (30') front yard setback, with the exception of Lot 1 which is a developed parcel. 4. That Lot 1-A shall be designated for future parking for Lot 1, which~parking shall be designed using the same setbacks as existing parking on the west side of Lot 1. 5. That a twenty foot (20') perimeter yard be provided on the north property line, a ten foot (10') perimeter yard on the south lot line, and a twenty foot (20') perimeter yard on the west lot line. 6. That there shall be a fifteen foot (15') side yard requirement for all buildings and a ten foot (10') side yard requirement for parking lots. If the height of a building facing a specified side yard is in excess of twenty feet (20'), then an additional one foot (1') of setback shall be provided for every one foot (1') of building height over twenty feet (20'). 7. There shall be no outside storage within the Planned Unit Development. 8. Individual site plans, drainage plans and landscape plans shall be submitted for each lot within the Planned Unit Development for staff review. The final plans specified herein and as approved by staff shall be made a part of this Ordinance and attached hereto as exhibits. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Corcoran, Floros, Van Geem, Wattenberg NAYS: None ABSENT: Busse PASSED and APPROVED this 1st day of M~y , 1990. - ~ Gc~ald- ~. /Farley Village President ATTEST: Carol A. Fields Village Clerk 53315 0 RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY WHEREAS, pursuant to the provisions of Chapter 16 entitled "Develcpment" of the Village Code of Mount Prospect, Illinois certain public improvements are requi~ed to be constructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by the owner-developer of the property under development is often in conflict with other public Improvement projects adjacent to or within the vicinity of said property so as to render the accomplishment of such public improve- ments by the owner-developer to be practically or economically unfeasible until the same can be combined with or scheduled so as to conform with such other public improvements affecting the subject property under development; and WHEREAS, such other public improvement projects are administered by the Village, County or State, officials over which the owner- developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under development or to require the owner-developer to establish a cash escrow, letter of credit or Improvement bond for the purpose of guaranteeing the completion of, required public Improvements due to the delay caused by the inter- vening, or subsequent accomplishment of other public improvement projects under administration and control of the Village, County or State; and ~q{EREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cash escrow, letter of credit or development bond, the owner-developer may execute a restrictive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be completed with respect to the property under development. ~o~, ~-IER~OR~, in accordance with the provisions of the said Chapter Z6 o~ the Village Code of Mount Prospect, Illinois, the Unders2gned, Ow~e~-Developer does here~y covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner and Development of the following described property within the Village of Mount Prospect, Illinois, to wit: The South 12 acres of the North 20 acres and the North 16.5 feet of the South 20 acres of the North 40 acres, all in the East Half of the Southeast Quarter of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, ~~except that part thereof lying within the Illinois state Toll Highway Commission Right-of-way as shown in the deed thereto recorded in the recorder's office of Cook County, Illinois, on November 9, 1956 as Document No. 16751119 and except that part lying Southwesterly of the Southwesterly line of said Illinois State Toll Highway Commission Right- of-way and except that part of the West 210 feet, measured at right angles to the West line thereof, lying North- easterly of the Northeasterly line of said Illinois State Toll Highway Commission Right-of-waY), in Cook County, Illinois. All that part of Busse Road lying East of and adjoining the above described property, in Cook County, Illinois. 2. A plan of development of the described property by the Undersigned has been approved by the village of Mount Prospect, which~ approval includes the completion of the following public improvements~ contained in and provided as a part of the plans, to wit: ~ The purchase and installation of street lights on Busse Rd. ~ to State and local Codes. ~'~"~ according 3. For a period of twenty years (20) years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with sixty (60) days after being so advised by the Village of Mount Prospect to commence such construction and instal- lation work, and shall continue said work without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village plans and specifications pertaining thereto. 4. This Covenant to complete the said public improvements as herein contained shall run with the said property; and for the period of time as set forth herein. Nothing in this Covenant shall in any way prevent the alienation or sale of the subject property or any portion thereof, except that said sale shall be subject to the provisions hereof and to the plan of development pertaining to the property, and the new owner shall be both benefited and bound by the conditions and restrictions herein expressed. 5. This Covenant shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subject property fails to complete the required improvements or pay a proportionate share of the required improvements by other contractors within the specified time periods herein, the value of such improvements shall be entered as a lien against the property due and payable within sixty (60) days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /~// day of ~"~-~0 /.- "/ , 1988, See attached Rider for signatures of present record OWNER-DEVELOPER owners and their respective percentages of responsibility. OWNER-DEVELOPER VILLAGE OF MOUNT PROSPECT, ILLINOIS V~ LLAGE PRESIDENT ATTEST: VILLAGE CLERK - 3 - RIDER TO RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY The parties agree that the following are all of the owners of record of the subject property. Pursuant to the Declaration of Condominium Ownership, recorded Document No. 86593417, the owners are to share in the lighting cost in the following propor- tions: Unit No. Percentaqe of Interest 1 30% 2 40% 3 30% See attached three pages for signatures of LaSalle National Bank, Trust No. 107877, owner of Units 2 and 3, signature of J & L Industrial Supply Co., Inc., of Illinois, a Michigan corpora- tion, Owner of Unit 1, and the Busse Road Condominium Association, an Illinois not-for-profit corporation. J & L INDUSTRIAL SUPPLY CO., INC., OF I~,I~~iga~n corporation Attest: ~-~~~~ ~ ~ ) SS ) I, the undersigned, a Notary Public, in and fo_~r said. County, in the state aforesaid, DO HEREBY CERTIFY that personally known to me to be the -~ - President of the J & L INDUSTRIAL SUPPLY CO., INC., OF ILLINOIS, a Michigan corporation, and ~/_~4_d__K/~A94~o~ personally known to me to be the ~S~-~-~-- Secretary of said corporation, and personally known to me to the be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such ~ President and /~.~/~VT~UT-- Secretary, they signed and delivered the said instrument as President and /~./_~F-~]~-- Secretary of said corporation, and caused the corporate seal of said corporation to be affixed t~ereto, pursuant to authority, given by the Board of _~_//__W~i~/~_~- of said corporation as their free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this Commission expires ~-\~ 19~ BUSSE ROAD CONDOMINIUM ASSOCIATION, an Iil_~i~ofit corporation Attest: STATE OF ILLINOIS ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the state aforesaid, DO HEREBY CERTIFY that personally known to me to be the President of the BUSSE ROAD CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to the be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of of said corporation as their free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. ./ G~ven under my hand and official seal, this ~,day of Commission expires ~J i