HomeMy WebLinkAboutOrd 2488 02/05/1974
ORDINANCE NO. 2488
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE
NA TURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY
COMMONLY KNOWN AS lITHE HAWTHORNESTT
WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofor~
"conduct a Public Hearing under Case No. 2-SU-74, on January 4, 1974, at the hour of
r,8: 00 p. m. , pursuant to a request for a special use in the nature of a planned
~nit development; and
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WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided
J>Y law and published in the December 20, 1973, edition of a newspaper of general
pirculation within the Village of Mount Prospect; and
,~HEREAS , the President and Board of Trustees of the Village of Mount Prospect have
tietermined that the best interests of the Village of Mount Prospect will be attained
ipy the adoption of the Zoning Board of Appear s recommendation under Case No.
"2-SU-74 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 KENROY,
lNC. or its assignees, to construct a planned unit development upon the following
~escribed property: ."
The East 840.4 feet except the East 223 feet thereof of the North 20
acres of the Northeast Quarter of the Northeast Quarter of Section 23,
Township 41 North, Range 11 East of the Third Principal Meridian
excepting that part thereof described as follows: Beginning at a
point on the North line of Section 23 which is 740.40 feet West of the
Northeast corner of said Section (as measured along the North line
of said Section); thence South on a line parallel with the East line
of said Section 200 feet; thence West on a line parallel with the North
line of said Section 100 feet; thence North on a line parallel with the
East line of said Section 200 feet; thence East along the North line of
said Section 100 to the point of beginning, all in Cook County, Illinois.
A plat of subdivision of the subject tract is attached hereto and hereby made a part heI'ec
{ls Exhibit A; improvements for which subdivision shall be made in accordance with the
subdivision regulations of the Village of Mount Prospect; and which subdivision, in ac-
*ordance with the special use permit granted herein, shall not be resubdivided hereaftel
SECTION TWO: That the property hereinafter described shall remain in the R-4
ltesidential Development District zoning classification, and that the planned unit
~evelopment hereinabove authorized and permitted shall be constructed pursuant
to the land uses and standards shown upon the Site Plan, attached hereto and hereby
Iipade a part hereof as Exhibit B, except as may otherwise be provided herein, and
~s necessarily modified to solve engineering layout and design problems at the time
of the construction of the said planned unit development.
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A. There shall be constructed within the said planned unit development
no more than one hundred ninety-eight (198) dwelling units. Said
total number of dwelling units may consist of one bedroom or two bed-
room dwelling units only; provided, that in no event shall there be
more than one hundred thirty-two (132) two bedroom dwelling units.
B. All outdoor lighting shall be of a non-glare nature and shall not be
aimed directly or indirectly at or upon surrounding property .
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i~ECTION THREE: KENROY, INC. or its assignees, as owner of the subject property ,
IEhall execute and see to the recording of the ITRestrictive Covenants IT , attached hereto
::and hereby made a part hereof as Exhibit C.
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!~ECTION FOUR: That the Director of Building and Zoning of the Village of Mount
j[prospect is hereby authorized to issue upon recording of the aforementioned Exhibit i
'....~ and C, as well as the text of this Ordinance, and upon proper application for buildi~g
permits, such permits as may be required for the construction of the said planned
~....enit development -- which construction shall be governed by the terms of Article
f!"-XV of Chapter 14 of the Mount Prospect Municipal Code (The Zoning Ordinance) ,
~lhis Ordinance herein, and all other applicable ordinances of the Village of Mount
~rrospect, with the further requirement: that all of the aforementioned ordinances
;.[.:~h~ll govern and control said construction so that in cases of any conflict the more
I, trmgent standards shall control.
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A.
The owner, KENROY, INC. or its assignees, shall have the option
to construct the entire planned unit development at once -- or in
stages as shown in the Stage Plan Exhibit attached hereto and here-
by made a part hereof as Exhibit D.
B.
Construction of public improvements on-site and off-site shall proceed
pursuant to Article XXV of Chapter 14 of the Municipal Code of Mount
Prospect (The Zoning Ordinance), as well as the subdivision regulations
of the Village of Mount Prospect, or if KENROY, INC. or its assignees
desires to construct the said planned unit development in stages as shown
upon the said Exhibit D, the stages of development may proceed in any se-
quence as determined by KENROY, INC. or its assignees, so long as the
water mains, storm and sanitary sewer lines, and access roads within
any given stage shall have been constructed and installed by the Owner
and approved and accepted by the Village before the Village shall issue
any building permits for buildings located within that given stage. For
fire fighting purposes, the aforementioned IT access roads IT shall mean
those fire lanes and other private roads reflected on the Site Plan (Ex-
hibit B) , except that no final asphaltic topping has been installed thereon. ..
Upon such approval and acceptance of such water mains and sanitary sewer!
lines, KENROY, INC. or its assignees shall dedicate same to the Village of ~
Mount Prospect.
C. Before the acceptance by the Village of ownership of anyon-site water
mains or sanitary sewer lines reflected in the On-Site Utility Plan, at-
tached hereto and hereby made a part hereof as Exhibit E, KENROY, INC.
or its assignees, shall convey to the Village of Mount Prospect sufficient
easements (minimum ten (10) feet wide) for the maintenance of such on-site
water mains and sanitary sewer lines and shall post with the Village suffi-
cient bonds, in a form approved by the Village Attorney, and in sufficient
amount as to guarantee said construction and installation for a period of
two (2) years from the date of acceptance of said water mains and sanitary
sewer lines.
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i~ D. The storm water detention basin shown upon the Site Plan (Exhibit B)
Ii shall be of a minimum 0.64 acre feet capacity.
Ii E. All fences shown on Exhibit B (Site Plan) and all street lighting with
,I underground wiring and landscaping shall conform to the design shown
Ii upon Exhibit F (Landscape Exhibit). attached hereto and hereby made a
II part thereof.
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IbECTION FWE: That as each stage of development is completed and occupancy certi-
l.'.~' i7ates are issued for all of the residences in. such stage, K~NROY, INC. or its aSSign~.es
I III cause an Open Space Easement to be delIvered to the VIllage of Mount Prospect, i
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l~ogether with an accurate Plat thereof. ;
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;1 A. These Plats and Easements shall be recorded and shall contain such
il wording sufficient to permanently guarantee the open space as shown
~i on such Plat in accordance with the said planned unit development and
il any amendments thereto.
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B. That said Open Space Easement shall convey to the Village of Mount
Prospect all development rights to said open space, which rights
shall constitute a covenant running with the land and shall be enforce-
able by the said Village of Mount Prospect.
i~ECTION SIX: That KENROY, INC. will conveyor cause to be conveyed to the Village
;bf Mount Prospect a perpetual easement over and upon the private roads shown upon .
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l~xhibit B hereto (the Site Plan) , which easement shall be for the purpose of guaran-
:.i~~eing the general publi~ access to all ?roperties shown upon said Exhibit B (the
~~Ite Plan) , as well as adJacent propertIes to the west and the south.
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j ECTION SEVEN: That this Ordinance together with all its exhibits and plans shall b~
I ecorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon comple-<~
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~~ion of the planned unit development therein; and the Restrictive Covenants contained:
ion Exhibit C hereto shall be recorded immediately upon the execution thereof and the I
IraSSage and approval of this Ordinance. I
I ECTION EIGHT: That this Ordinance shall be in full force and effect from and after its
I, assage, approval, and publication in the manner provided by law and the recording pf
!~he Plat. of Subdivision and Restrictive Covenants attached hereto as Exhibit A and C, i.
!~espectIvely . ::
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l~YES: 5
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l~AYS: 0
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!PASSED and APPROVED this 5th day of February, 1974.
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!k TTEST:
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iYillage Clerk
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Village President
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RESTRICTIVE COVENANTS
KENROY, INC. , a Delaware corporation, 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 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. KENROY, INC. will maintain control of the Planned Unit
Development proposed on the property described as follows:
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The East 840.4 feet" except the East 223 feet thereof of the North 20
acres of the Northeast Quarter of the Northeast Quarter of Section 23,
Township 41 North, Range 11 East of the Third Principal Meridian
excepting that part thereof described as follows: Beginning at a
point on the North line of Section 23 which is 740.40 feet West of the
Northeast corner of said Section (as measured along the North line
of said Section); thence South on a line parallel with the East line
of said Section 200 feet; thence West on a line parallel with the North
line of said Section 100 feet; thence North on a line parallel with the
East line of said Section 200 feet; thence East along the North line of
said Section 100 to the point of beginning, all in Cook County, Illinois.
to guarantee development substantially in accordance with the Planned Unit
Development Ordinance No. 2488 approved by the President and Board of
Trustees of the Village of Mount Prospect onFebruary 5, 1974, for a period of
eighteen (18) months following completion of said Planned Unit Development.
2. KENROY, INC. does further covenant that for a period of
twenty (20) years from the date of commencement of construction of said Planned
Unit Development that it 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.
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3. That as final occupancy by residents occur as to each stage
of development. KENROY. INC. 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
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periods of time set forth herein. Thereafter, said covenants shall be extended
automatically 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 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 benefited 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 Ordinances 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 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 proceedings 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.
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8. These covenants shall be binding upon and inure to the benefit
of the parties hereto. their successors and assigns.
WHEREFORE. the parties hereto have hereunto set their hands and
seals this Fifth day of February. 1974.
KENROY. INC., a Delaware corporation
ATTEST:
By:
Secretary
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VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook and State
of Illinois
A7J~A/~~
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Village Clerk
By:
Village President
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