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HomeMy WebLinkAboutOrd 2146 02/18/1969 .~ .-, " ORDINANCE NO. 2146 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPEGr BE IT ORDAINED BY r:I1IE PRESIDENT At\JD BOARD OF TRUSTEES OF r:IlIE VILLAGE OF flDUNT PROSPEGr, COOK COUNTY, ILLINOIS: SEcrION 1: That the Zcning Ordinance of the Village of Mount Prospect, as amended, is hereby further arrended by adding thereto Section 5.1, which Section shall read as follows: VN;"'" Section 5.1 Special USe in the nature of a Plarmed,4Development. (a) P:u.roose. Plarmed unit developnents are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the action of the Plan Commission and the Village Board in order to permit large scale developm=nt in harmony wi th the general intent and purpose of the Zoning Ordinance, and the Compre- hensive Plan of the Village of Mount Prospect. Such plarmed developm=nts are intended to provide a mixture of land uses and to permit development in a man- ner Which will promote the public health, safety, comfort, morals and general welfare while permitting the optimum use of land and providing for the perma:n- ent preservation of COIl'lIl'Cn open space. recreational areas and public facilities. To this end, special requirements are hereinafter set forth, including pro- cedural steps to be taken to safeguard the public interest and provide property owners with full opportunity to develop the land in accordance with fixed de- feloprrent standards in order to assure the owner and the Village of development in accordance with specific and firm plans. (b) Procedure. A plarmed unit development shall be processed in the sarre manner as a special use except that the Plan Comnission shall conduct the publiC hearing and report to the President and Board of Trustees. The pro- visions of Section 5 of this Ordinance relating to special uses shall apply to planned unit developnents except as varied by the provisions of this Section. Pn application for a plarmed unit development shall be accompanied by a tenta- ti ve plat which meets the requirem=nts of Article 2 of the subdivision regula- tions of the Village of Mount Prospect. The application shall also be accom- panied by plans setting forth the size and location of buildings proposed for the development, setting forth means of ingress and egress, the number and location of parking spaces and loading docks, the size and location of streets, sidewalks, utility lines and other public uses to be located within the planned development. The plan shall also show all lands to be dedicated for public use or used in common within the plarmed unit developm=nt and shall indicate areas to be set aside as permanent open space. (c) Standards. In addition to the standards generally applicable to special uses, the Plan Commission shall not recommend a plarmed unit development unless it shall find: (1) That said planned unit development ccnforms with the intent and specific proposals of the Comprehensive Village Plan. (2) That the planned unit developrrent ~lill be on a tract of land under corrnnon ownership or control and shall comprise not less than 60,000 square feet in area. Common ownership or control as required herein shall mean unity of ownership or legal authority to act on behalf of all ownership which shall be evidenced by deed, contract, managerrent agreement or other written guarantee. Said comnon owner- ship or control shall extend to all portions of the plarmed unit de- velopnent for a period of not less than eighteen (18) months follow- ing its completion. Such common ownership or control shall extend to all common open space, landscaping, exterior maintenance and all other exterior aspects of the development for a period of not less than twenty (20) years. For the purpose of this paragraph the planned unit . . ~ ,-, " development shall be completed when the last occupancy permit by the Village for the structures in the developrrent has been issued. (3) That the uses permitted in the plarmed unit developrrent shall be compatible to each other and with existing land uses in the surround- ing area. Uses shall be deemed compatible if they are so designed, located, and proposed to be operated so that the pUblic health, safety and w'elfare will be protected and such uses will not cause appreciable injury or damage to other property in the area in which it is located. (4) The Plan Commission may :reco!llll'end and the Village Board may author- ize as part of a planned development and for the duration of such de- velopment specified uses not permitted under the use regulations of the district in which said development is located provided the Plan Commission shall find: (a) that the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development; (b) that the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; ( c) that not more than 20% of the ground area or the gross floor area of such development shall be devoted to the uses permitted by said exception; and (d) that any specified uses not permitted under the use :regulations of the district in which said devel- opment is located but perm1 tted under the planned development shall be subject to the performance standards of that applicable district in which that specific use would normally and legally be permitted. (5) That the planned unit development will be responsiue to a demon- strated need within the community. (6) That the maximum height permitted in the planned unit development, exclusive of steeples, belfries, spires, chimneys, smokestacks, cooling towers, elevator bulkheads, parapet walls, and building equipment pent- houses shall not exceed one hundred (100) feet or eight (8) stories, whichever is the lesser, and the minimum horizontal distance between buildings shall not be reduced to less than fifteen (15) feet between one-story, two-story. or combinations thereof. In the case of buildings exceeding two stories. the space between buildings shall be equal to the height of the tallest building from which the measurerrent is taken. (7) The required yards along the periphery of the plarmed unit development shall be at least equal in width or depth to that of the adj acent zoning district; provided. however, that any building of more than twenty-five (25) feet in height shall provide a setback from any property line of a distance not less than the height of such building. (8) The density of the planned unit development shall not exceed ten per- cent (10%) in excess of the density allowed in the zoning district in which the planned unit developrrent is located. For the purpose of this provision density shall be considered to be lot area per dwelling unit requirements or other standards limiting the number of dwelling units or other uses in relationship to the size of area in which said improvements are located under the provisions of the Zoning Ordinance of the Village of Jl10unt Prospect; provided, however, that the floor area ratio for dwelling units may be increased up to two hundred percent (200%) of the floor area ratio applicable for the district in which the planned unit development is located. If common open space is provided pursuant to the provisions of this Section but is utilized for the purposes of profit by the developer or owner J such open space shall not be utilized for the purpose of calculat- ing density. (9) There shall be provided for each individual use wi thin the planned development, off-street parking and loading facilities which shall be at least 10% greater than the requirements provided for in the zoning district in which that individual use would normally and legally be permitted in which the planned unit development is to be located. -2- ,--- ,~ (10) The planned unit development shall include a traffic plan which will provide ingress and egress which is designed to minimize traffic congestion in the public streets outside the plarmed unit developrrent and facilitate the free exchange of traffic, both vehicular and pedes- trian. within the planned unit development. The streets, alleys, and other traffic thoroughfares, public or private, provided in such planned unit development. shall confonn with at least the minimum requirement for streets _ alleys and public ways of the Ordinances of the Village of Mount Prospect. (11) The Plan Commission may recomtOOnd such additional restrictions, conditions. or developrMnt schedules which are particularly applicable to such planned unit developrMnt. (d) ApprOValbyvillte B6ard. Upon receipt of the recormnendation of the Plan Commission f'ollowing he pUbl.ic hearing on the application for a planned unit development _ the Village Board may by ordinance approve such planned unit de- velopment. Said ordinance shall include all standards, conditions or restric- tions which the Village Board shall deem necessary to effectuate the proposed planned unit developm=nt and protect the public interest. In addition to the restrictions and conditions imposed in the ordinance approving the planned unit development, the Village Board shall require the execution of such agreements as shall be necessary to guarantee the maintenance of public and private corrnnon open space. Such agreements may include the conveyance of such open space to the Village or other municipal cort>oration. a not-for-profit corporation or other legal entity which shall hold the open space for the benefit of the property owners or the public. If a private not-for-profit corporation or similar entity shall be established for the purpose of maintaining cormnon open space, the willage may require that said corporation shall provide maintenance and improvement of such cormnon open space and have the right to exact from the property owners the cost of such maintenance or improvement in a legally en- forceable manner. All public improvements and facilities to be provided under the provisions of the plarmed unit development shall be completed in accordance with the plans submitted as part of the application. The installation and completion of such irrprovements shall be guaranteed by the deposit in escrow of the amount equal to the engineer's estimate of the cost of improvements or completion bonds or letter of credit as approved by the Village Attorney. In addition to said guarantees for the installation of public facilities, the Village shall require a deposit in cash or other suitable security of an amount equal to fifteen per- cent (15%) of the estimated cost of such improvements. This security shall be held for the purpose of guaranteeing the satisfactory operation of the facilities constructed within the planned development for a period of eighteen (18) months following completion of construction of the entire planned unit development by the developer and approval of the construction by the Village of said public facilities. The security deposit herein required shall be refunded at the expiration of said eighteen (18) months period if no defects shall have developed in the public improvements; proVided, however, that the Village may utilize such deposit for the purpose of correcting defects during said period, in which case the Village shall be required to return only that portion of the guarantee remaining on deposit. (e) Recordation of Documents. The planned unit development ordinance provided herein shall contain a legal description of the property subject to such planne unit development. Said ordinance shall be recorded in the office of the Re- corder of Deed..<:1 of Cook County together with such restrictive covenants as may be required by the Village Board. Said restrictive covenants shall be in a form which will effectuate the development of the subject property in accord- ance with the planned unit development and provide for the maintenance and continued protection of all public open space and cantnon open space and all privately owned common open space. In addition to all other interested parties the Village may require that said covenants shall run to and be for the benefit of the Village of Mount Prospect and shall extend to the Village the right to enforce said covenants by any appropriate action in law or in equity. -3- I~' ~. ". (f) .Amendment of' Planned Unit. r:evelopment. Any substantial change in characte of the planned unit development shall require the adoption of an ordinance whi shall make such changes and modifications in said planned unit development as may be approved by the President and Board of Trustees. Said amendatory ordi- nance may be adopted only after a public hearing by and recommendation of the Plan Commission in like manner as shall be required for the adoption of an orig inal planned unit development ordinance. An amendatory ordinance shall be re- quired in the event of any change in the established density, location of buildings j height, street pattern, or installation of public utilities; provide , however, that the Village Manager may approve such field changes in the con- struction of the planned unit development as in his judg+nent shall not consti- tute a substantial deviation from the specific planned unit development ordi- nance. Before any such changes approved by the Village Manager may become effective, however, the Manager shall within seven (7) days notify in writing the President and Board of Trustees of such changes and the President and Board of Trustees shall, at their next regular meeting, ratify the action of the Manager or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this section. Nothing in this paragraph shall be construed to indicate that the President and Board of Trustees must pass an amendatory ordinance to grant any changes requested. SECTION TWO :., This Ordinance shall be in full force and effect from and after its passage) approval and pUblication in the manner provided by law. AYES: 6 NAYS: 0 PASSED and APPROVED this 18th day of February, 1969.