HomeMy WebLinkAboutOrd 2690 01/04/1977
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ORDINANCE NO 0 / t r (j
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE
NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY
LOCATED AT 2050 WEST ALGONQUIN ROAD,
MOUNT PROSPECT, ILLINOIS
I WHEREAS. the Zoning Board of Appeals of the Village of Mount Prospect did
I heretofore conduct a public hearing under Case No. 52-SU-76 on September 2, 197
at the hour of 8: 00 p om o. pursuant to a request for a special use in the nature 10f
a Planned Unit Development; and , . I,
i WHEREAS, a notice of the aforesaid public hearing was made in the manner
'Ii provided by law and published in the August 17, 1976. edition of a newspaper I
II of general circulation within the Village of Mount Prospect; and
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I WHEREAS. the President and Board of Trustees of the Village of Mount Prospect I
I have determined that the best interests of the Village of Mount Prospect will be i
I attained by the passage of the following Ordinance regarding the subject property;
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NOW. THEREFORE. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRDStEl
OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY. ILLINOIS: I
I SECTION ONE: That a special use permit be and is hereby granted to allow I
I Holiday Lane Building Corp 0 and Albert M 0 Katz, or their assigns, to construct I
a Planned Unit Development upon the following described property: i
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The East 151. 05 feet of the West 585025 Feet (measured along
a line parallel with the North LIne) of Lot 2 (except the
North 703.70 feet thereof. and except that part taken for
Algonquin Road) in Edward Busse's division of part of the
Southeast Quarter of Section 15 and the Northeast Quarter
of Section 22, Township 41 North. Range 11 East of the Third
Principal Meridian in Cook County, Illinois.
I SECTION TWO: That the Planned Unit Development hereinabove authorized and
permitted shall be constructed pursuant to the land uses and standards shown
I upon the Site Plan. attached hereto and hereby made a part hereof as Exhibit A
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. 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 0
A. Said Planned Unit Development shall consist of the construction
of no more than 78 dwelling units upon that subject property
zoned R-4 (Residential Development District) 0
1. Said number of dwelling units may be comprised of efficiency,
one-bedroom, and/or two-bedroom units.
20 No units containing more than two bedrooms shall be permitted 0
SECTION THREE: That the Village President is hereby authorized to sign' and
the Village Clerk is hereby authorized to attest, and Albert 1\1 0 Katz shall
execute and see to the recording to the "Restrictive Covenants!! attached hereto
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and hereby made a part hereof as Exhibit B.
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,
Albert M. Katz will cause a Plat of Open Space Easement to be delivered to
B. That said Plats of Open Space Easement shall constitute a covenant
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.
AYES:
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Ordinance shall be in full force and effect from and!
and publication in the manner provided by law. I
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. 1977.
SECTION SEVEN: That this
after its passage, approval,
I NAYS:
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I PASSED this
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_II day of
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APPROVED this IT day of
, 1977.
APPROVED:
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Village President
ATTEST:
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Ilvillage Clerk
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RESTRICTIVE COVENANTS
ALBERT M. KATZ. in accordance with the provisions of Article. XXV
of the Zoning Ordinan.ce 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 VILLAGE OF MOUNT PROSPECT. a municipal corporation
of the County of Cook and State of Illinois ~ as follows~
1. ALBERT M. KATZ will maintain control of the Planned Unit
Development proposed on the property described as follows:
The East 151. 05 feet of the West 585.25 Feet (measured along
a line parallel'with the North LIne) of Lot 2 (except the
North 703.70 feet thereof, and except that part taken for
Algonquin Road) in Edward Busse's division of part of the
Southeast Quarter of Section 15 and the Northeast Quarter
of Section 22, Township 41 North. Range 11 East of the Third
Principal Meridian in Cook County, Illinois.
to guarantee development substantially in accordance with the. Planned. Unit
Development Ordinance No .~. approved by the President and Board of
Trustees of the Village of Mount Prospect on. / - .~.,.; 7 7 .
, for a period
of eighteen (18) months following completion of said Planned Unit Development 0
2. ALBERT M. KATZ does further convenant that for a period of twenty
(20) years from the date of commencement of construction of said Planned Unit
Development that he will, by contract(s). provide for adequate 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
development, ALBERT M. KATZ will cause a Plat of Open Space Easement to be
delivered to the Village of Mount Prospect for recordation, which. by said Plat,
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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 period
of time set forth herein. Thereafter ,said covenants shall be extended automatica:
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 arid restrictions herein and therein expressed.
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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 0
7 . If the parties hereto ,or any of them, or their heirs or assigns shan
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 inure to the benefit of
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the parties hereto.. their successors and assigns.
1# day
Dated this
of J~
. 1977.
t1~7h, ~
AGREED TO:
VILLAGE OF MOUNT PROSPECT. a municipal
corporation of the County of Cook and
State of Illinois.
By:
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Village President
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ATTEST:
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Village Clerk
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