HomeMy WebLinkAboutOrd 2459 10/16/1973
OFF'C~
MUN \ -IE CLERK
M IC'PA... GUlL'
aUNT PR08P'~ Q,ING
,...c,., ILL.
ORDINANCE NO. 2459
AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT
OF PROPERTIES COMMONLY KNOWN AS
THE BUSSE ROAD APARTMENTS
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WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did
heretofore conduct a special public hearing under Case No. ZBA-6-SU-73 on
May 31, 1973, at the hour of 8: 00 p.m., pursuant to a request for a special
use in the nature of a planned unit development; and I
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WHEREAS, a notice of the aforesaid special public hearing was made in the I
manner provided by law and published in the May 16, 1973, edition of a newspaRer
of general circulation within the Village of Mount Prospect; and I
WHEREAS, the Zoning Board of Appeals recommended that the development
proposed during the course of said hearing be authorized in that it would in
no way be detrimental to the Village of Mount Prospect; and
WHEREAS, the Building Committee of the Board of Trustees of the Village of
Mount Prospect did meet on August 8, 1973, to review the subject matter of
Case No. ZBA-6-SU-73; and
WHEREAS, the said Building Committee of the Board of Trustees of the Village
of Mount Prospect has recommended that the President and Board of Trustees
of the Village of Mount Prospect concur with the recommendation of the Zoning
Board of Appeals to grant the request contained in Case No. ZBA-6-SU-73;
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
attained by the adoption of the Zoning Board of Appeals' recommendation
under Case No. ZBA-6-SU-73 regarding the subject property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTItES
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OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That a special use permit be and is hereby granted to allow
The Busse Road Corporation, or its assignees, to construct a planned unit
development upon the following described property, hereinafter referred to
as the "subject property":
PBA SUBDIVISION, being
A subdivision of part of the East Half of the Northeast
Quarter of Section 22, Township 41 North, Range 11
East of the Third Principal Meridian, in Cook County,
Illinois;
a copy of which Plat of Subdivision of the subject tract is attached hereto and d~.;.
made a part hereof as Exhibit A; and which subdivision shall not be resubdivide .
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OF'F"~CE OF" THE Cl.E~K
MUNICiPAL BUILDSNG
MOUN.T PR<<;1SPECT, IlL.L.
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hereafter -- in accordance with the special use permit granted herein.
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SECTION THREE: That The Busse Road Corporation, as owner of the subject prd-
perty shall execute and see to the recording of the "Restrictive Covenants" at- I
tached hereto and made a part hereof as Exhibit C. ~
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SECTION FOUR: That the Director of Building and Zoning of the Village of Mount
Prospect is hereby authorized to issue upon recording of the aforementioned Ex- i
hibits A and C and upon proper application for building permits, such permits afi
may be required for the construction of the said planned unit development -- Wh~' h
construction shall be governed by the terms of Article XXV of the Mount Prospec
Zoning Ordinance, this ordinance herein, and all other applicable ordinances of t e
Village of Mount Prospect, with fences and signs to be in general conformity wit
the Fence & Sign Exhibits attached hereto and hereby made a part hereof as Ex- .
hibits D and E respectively.
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 B, 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.
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Construction of public improvements on site and off site shall pro- I
ceed pursuant to the ordinances of the Village of Mount Prospect, I
or if The Busse Road Corporation desires to construct the said i
planned unit development in stages as shown upon the said Ex- i
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hibit F, the stages of development may proceed in any sequence I
and combination as determined by The Busse Road Corporation ~
so long as the water mains, storm and sanitary sewer lines, and i
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 pur-
poses, the aforementioned "access roads" shall mean those private
roads reflected on the Site Plan (Exhibit B) as well as those fire
lanes shown upon Exhibit G (attached hereto and hereby made a
part hereof), except that no asphaltic topping shall have been in-
stalled thereon during construction.
The owner, The Busse Road Corporation, 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
hereby made a part hereof as Exhibit F.
B.
C.
Before the acceptance by the Village of ownership of any on site
water mains or sanitary sewer lines reflected in the On Site and
Off Site Utility Plan (Exhibit H) attached hereto and hereby made
a part hereof, The Busse Road Corporation shall convey to the Vil-
lage of Mount Prospect sufficient easements (minimum 10 feet
for the maintenance of such on site water mains and sanitary
lines and shall post with the Village 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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II D. The storm water retention lake shown upon the Site Plan (Exhibit ~)
il shall be a minimum 2.39 acre feet capacity. I
II SECTION FIVE: That as each stage of development is completed and occupancy I
II certificates are issued for all of the residencies in such stage, The Busse Road
II Corporation will cause a Plat of Open Space Easement to be delivered to the Vil-
ilage of Mount Prospect.
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'DFFICE OF Tf '_ER1{
MUNICIPAL E:.___ ~~ING
MOUNT PR08PECT~ IL~
A.
These plats shall be recorded and shall contain such wording
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 Plats of Open Space Easement shall constitute a
III covenant running with the land and shall be enforceable by
i the said Village of Mount Prospect.
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i,', SECTION SIX: That this ordinance together with all its exhibits and plans shall I
I be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon!
I completion of the planned unit development herein; and the Restrictive Covenants I
il contained on Exhibit C hereto shall be recorded immediately upon the execution I
! thereof and the passage and approval of this ordinance. I
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SECTION SEVEN: That this ordinance shall be in full force and effect from and I
I after its passage, approval, and publication in the manner provided by law and I
I the recording of the Plat of Subdivision and Restrictive Covenants attached here- i
~ to as Exhibits A and C, respectively. Ii
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!AYES: 6 i
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,INAYS: 0 I
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IlpASSED and APPROVED this l6thday of October. 1973. I
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!I Village President I
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'IATTEST:
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'IVillage Clerk
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62 ..." 6 8 .... 9 9 (, C RESTRICTIVE COVENANTS
THE BUSSE ROAD CORPORATION, an Illinois 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 VlLLAGE OF
MOUNT PROSPECT, a municipal corporation of ' the County of 'Cook and State
of Illinois, as follow s:
1. THE BUSSE ROAD CORPORATION will maintain control of the
Planned Unit Development proposed on the property described as follows:
The North 5 acres of the South 35 acres (except the West
210 feet of the South East Quarter of the North East Quarter
of Section 22, Township 41 North. Range 11, East of the
Third Principal Meridian in Cook County. Illinois (except
therefrom that part thereof lying East of a line parallel to
and 50 ft. distant from the East line of the North East Quarter
of said Section 22;
AND
The North 5.544 acres of the South 40.544 acres (except
the West 210 feet and the East 50 feet) of the South East
Quarter of the North East Quarter of Section 22. Township
41 North, Range 11 East of the Third Principal Meridian,
in Cook County, Illinois;
AND
The South 5 acres (except the West 210 feet thereof) of
the North East Quarter of the North East Quarter of Sec-
tion 22, Township 41 North. Range 11 East of the Third
Principal Meridian in Cook County, Illinois, (except there-
from that part thereof lying Northeasterly of a line which
intersects the Northerly line of aforesaid South 5 acres,
a distance of 58 feet West of the East line of the North East
Quarter of said Section 22, Township 41 North, Range 11
East of the Third Principal Meridian, and which intersects
the Southerly line of the aforesaid South 5 acres, a distance
of 50 feet West of the East line of the North East Quarter of
Section 22. Township 41 North. Range 11 East of the Third
Principal Meridian. in Cook County, Illinois
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to guarantee development substantially in accordance with the Planned Unit
Development Ordinance No.
2459
approved by the President and Board of
Trustees of the Village of Mount Prospect on 0 c to b e r 1 6 , 1 973. for a period
of eighteen (18) months following completion of said Planned Unit Development.
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.M,DiJ~T PRo);, ~BpU'LOING
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2. THE BUSSE ROAD CORPORATION does further covenant that for a
period of twenty (20) years from the date of commencement of construction
of said Planned Unit Development that will, by contract(s), provide for ade-
quate 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 develop-
ment, THE BUSSE ROAD CORPORATION 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) 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
subj ect to the provisions hereof and of the Planned Unit Development Ordinance
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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
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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 lliolate 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 the parties hereto, their successors and assigns.
WHEREFORE, the parties hereto have hereunto set their hands and
seals this
16th
day of
October
, 1973.
THE BUSSE ROAD CORPORATION,
An Illinois corporation
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By: ~v ~e
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VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook and State
of Illinois
Village
By:
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