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Home My WebLink AboutOrd 2539 11/05/1974 ORDINANCE NO 2539 - AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED WEST OF BUSSE ROAD AT CHARLOTTE ROAD EXTENDED WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofore conduct a Public Hearing under Case No. l7A-SU-74 on J~ly 16, 1974, at the hour of 8:0G p.m., pursuant to a request for a special use in the nature of a Planned Unit Development; and 1 9u~ 17 L ~ 7 1/ WHEREAS, a notice of the aforesaid public hearing was made in thef manner provided by law and published in the June 26, 1974, edition of a newspaper of general circulation within the Village of Mount Prospect; 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 passage 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 a special use permit be and is hereby granted to allow Ferlette Realty and Builders to construct a Planned Unit Development upon the following described property: The North 5 acres of the South 20 acres, excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described Tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above tract; thence South 42.32 feet; thence East 772 feet in a line parallel with the North boundary of said first described tract; thence North to the point of beginning; (Except the West 210 feet thereof) of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois. . 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 A, 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. Said Planned Unit Development shall consist of the construction of no more than 72 dwelling units upon that portion of the subject property zoned R-4 (Residential Development District). 1. Said dwelling units may comprise a maximum number of seventy-two (72) two-bedroom units, each of which shall have floor areas ranging from 875 to 1,075 square feet. 2. No units containing more than two bedrooms shall be permitted. ! B. The site of said Planned Unit Development shall also be improved with certain on-site and off-site utilities pursuant to that plan attached hereto and hereby made a part hereof as Exhibit B, which improvements shall be dedicated to the Village of Mount Prospect. SECTION THREE: That the Village President is hereby authorized to sIgn, and the Village Clerk is hereby authorized to attest, and Anthony A. Fallegiardo shall execute and see to the recording to the "Restrictive Covenantsit' attached hereto and hereby made a part hereof as Exhibit C. 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 hy 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, Anthony A. Fallegiardo will cause an Open Space Easement to be delivered to the Village of Mount Prospect. A. These easements and plats shall be recorded and shall contain such wording as may be 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 Open Space Easements 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 C hereto shall be recorded in the Office of the Recorder of Deeds of C~ok County, Illinois, upon the execution thereof. SECTION SEVEN: That this Ordinance shall be in full force and effect from and after the recording of an approved plat resubdividing (consolidating) the subject property into one (1) lot of record as shown upon that plat attached hereto and hereby made a part hereof as Exhibit D; and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED and APPROVED this 5th day of November , 1974. ~/~ Village President ATTE~T: . 1 ;J/!keA( W ~ * ~ Village Clerk -2- .... RESTRICTIVE COVENANTS ANTHONY A. FALLEGIARDO, 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 regulat~on 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 follows: 1. . ANTHONY A. FALLEGIARDO will maintain control of the Planned Unit Development proposed on the property described as follows; The North 5 acres of the South 20 acres, excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described Tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above t~act; thence South 42.32 feet; thence East 772 feet in a line parallel with the North boundary of said first described tract; thence North to the point of begjnning; (Except the West 210 feet thereof) of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 22, Township 41 North, Range II East of the Third Princip~l Meridian, Cook County, Illinois. to guarantee development substantially in accordance with the flanned Unit Development Ordinance No. , approved by the President and Board of Trustees of the Village of Mount Prospect on , for a period of eighteen (18) months following completion of said Planned Unit Development. 2. ANTHONY A. FALLEGIA&DO does further covenant that for a period of twepty (20) years from the date of commencement of construction of said Planned Unit Development that he will, by contract(s), provide for adequate maint~nance of all builqing exteriors: parking areas, and other paved areas, and pi all open space located within said Planned Unit Development, which open space is defined as all of the land upon co~pletion of construction of the said Planned Unit Development, less residentail buildings, commercial buildings, parking areaS and other paved areas. 3. That as final occupancy by residents occur as to each ~~HIIDnT <:- state of development, ANTHONY A. FALLEGIARDO 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) year~ 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 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 ben~fited 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 Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or atte~pt 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 -2- benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 5th day of November , 1974. Witness: VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of CO.O k an.d. ~tate. Of-~ 11i~Oi ' - ~.._-. } ( ~' . By:. . - .. Village President -3- .-.-. ~~=~~~'''.r:~'~'''=''"_=.::.'_=~~''''''''.,"'==.'''~T""*,=;mr"r~.~-=--~;"",,,.,.~""-=""""'~t':l':;';=""""=~"-"",,