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HomeMy WebLinkAbout2454_001NEXT ORDINANCE NO. 2413 NEXT RESOLUTION NO. 11-73 0 R D E R Village Board Village of Mount Prospect 1. Call to order 2. Invocation - Trustee Ahern 3. Roll call C-) BUILDING DEPARTMENT all 0 F B U S I N E S S Tuesday, 8:00 P. M. April 3, 1973 Mayor Robert D. Tei chert Trustee Ahern Trustee Link Trustee Anderson Trustee Richardson Trustee Furst Trustee Scholten 4. Approval of minutes of the regular meeting March 20, 1973 Approval of minutes of the special meeting March 27, 1973 Ratification of action taken at the special meeting 5. Approval of bills 6. Communications and petitions 7. Manager's Report 1. Request of Lions Club for waiver of fees 2. Request for motion authorizing purchasing officials to participate in State of Illinois purchasing p program 3. Request of Roy Tosch to tap on to MSD sewer 808 Meyer Road 8. Mayor's Report 1.1 Proclamation - Law Day May 1, 1973 2. Special Meetings April 5 and 24, 1973 (No meeting on April 17th) 9. Committee Chairmen Reports A. Building Committee 1. Case 73-5A John Mullowney 223 N. Main 2. Case 73-9A Village of Mt. Prospect - Elmhurst - Algonquin Industrial Park - Refer to special meetinr, April 5th 3. Case 73-10A Village of Mt. Prospect (Colony) - Refer to special meeting April 5th B. Finance Committee C. Fire and Police Committee D. Judiciary Committee if, Case 73-7P - Village of Mt. Prospect - pre -annexation and zoning Elmhurst -Algonquin Industrial Park - RX to R-4 PUD - Refer to special meeting April 5th 2. Case 73-8P Village of Mt. Prospect - (Colony) - RX to R4 PUD Refer to April 5th special meeting 3. ?Pdinanc� amending Map 36S from R.4'to B -4 - May Co. (SEE EXHIBIT A) 4. Action of certain restrictive covenants (May Co.) (SEE EXHIBIT B) 5. Ordinance granting a special. use permit in the nature of a PUD (May Co.) (SEE EXHIBIT C) 6. An ordinance amending Ordinance 2344 and Ordinance 2278 providing for an amended site plan for that -PUD of properties commonly known as Huntington Estates (SEE EXHIBIT D) 7. Plat of Subdivision - May Co. 8. Plat of Subdivision - Huntington Estates E. Public Health and - Safety Committee F. Public Works Committee 10. Other Business 11. Items to be referred 12. Committee announcements 13. For information only 14. Adjournment Sergeant -at -arms: Lt,, J. Savage #RDINANCE NO. 0 b MIND Inall alla WHEREAS, the Plan Commission of the Village of Mount Prospect did heretofore conduct a public hearing under Case No. 72-20P on Octo- ber 20, 1972, at the hour of 8: 00 P.M., pursuant to 4 request for a special use in the nature of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published, in the September 29, 1972, 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 adoption of the Plan Commission'., recommendation under Case No. 72-20P 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 Kenroy) Inc., or its assignees, to construct a planned unit development upon the following described property: which plat of subdivision of the subject tract is attached hereto ani made a part hereof as Exhibit A; and which subdivision, in accordance with the special use* permit granted herein, shall not be resubdivided hereafter. SIECTION TWO: That the planned unit development herein and above authori- zed and 'permitted shall be constructed pursuant to the terms set forth in the site plan and covenants ♦attached hereto and hereby made a part hereof as Exhibits B and C respectively. ,SECTION THREE: That the Director of Building and Zoning of the Village of Mount pect is hereby authorized to issue, upon proper application, such building permits as may be required for the said planned unit development, the construction of which shall be governed by the terms of said annexation agreement, Article XXV of Chapter 14 of the Mount Pros- pect Municipal Code (the Zoning Ordinance) , this ordinance hereiR, and all other applicable ordinances of the Village of Mount Prospect. SECTION FOUR.- That prior to occupancy certificates being issued for 0"'T", in this planned unit development, Ke ThF�ildingsnroy,, will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect. A. These plats shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in ac- cordance with the said planned unit development and any amendments thereto. 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 FIVE: That this ord' inance together with all of its exhibits plans shall be recorded in th,e Office of the Recorder of Deeds of Cook, County,, Illinois Upon coin pletion of the planned unit develop- ment herein ; and the Restrictive Covenants contained on Exhibit C ,hereto, shall be recorded immediLately upon the execution thereof and the passage and, apP � roval of this ordinance, , Q PASSED and APPROVED this day of 1, 1973. ATTEST: V ill ag e — Clerk- - 2 - Viii age Pr �sid'ent ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2344 and ORDINANCE NO. 2278PROVIDING AN AMENDED SITE PLAN FOR THAT PLANNED UNIT DEVELOPMENT OF PROPERTIES COMMONLY mmm-­­ KNOWN AS HUNTINGTON ESTATES P"HEREAS, the Plan Commission of the Village of Mount Prospect did' here- tofore conduct a public hearing under Case No. 72-20P on October �0,, 1972, at the hour of 8:00 p.m., pursuant to a request for a zoning classification change as well as changes to Exhibit II of an Annexa- tion Agreement attached as Exhibit B to Ordinance No. 2278, passedzand approved December 22, 1970, and attached as Exhibit A to Ordinance No. 2344, passed and approved March 21, 1972 -- which request directly af- Eects the following described land and territory: Lot 2 in Kenroy's Huntington, being a Subdivision of Part of the East 1/2 of Section 14, Township 41 North, Range 11, East of the Third Principal Meri- dian, in Cook County, Illinois, recorded October 28, 1970, as Document No. 21302332* WHEREAS, notice -of the aforesaid public hearing was made in the manner Yrovided by law and published in the September 29, 1972 and February 1, 973 editions of a newspaper of general circulation within the Village of Mount Prospect,; and WHEREAS, the Plan Commission of the Village of Mount Prospect has rpcom- mended that the petitioner's request be granted; and WHEREAS, the Judiciary Committee of the Board of Trustees of the Village of Mount Prospect did meet on March 8, 1973, and did review the subject matters involved with Case No. 72-20P; and WHEREAS, the said Judiciary Committee has recommended to the President and Board of Trustees of the Village of Mount Prospect that the best interests of the Village of Mount Prospect will be attained by the adop- tion of the petitioner's request under Case No. 72-20P; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. rezoning the property which was the object of Case No. 72-20P; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. granting a special use permit in the nature of a Planned Unit Development to the petitioners under Case No. 72-20P; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe that the best interests of the Village of Mount Pros- pect will be attained by the adoption of the remaining requests under Case No. 72-20P -- regarding the subject properties-, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE$ OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ,SECTION ONE: That Exhibit II of an Annexation Agreement between LaSalle ationa ,k, as Trustee and Owner, and the Village of Mount Prospect, which Annexation Agreement is, attached as Exhibit B to Ordinance No. 2278 under SECTION TWO of said Ordinance No. 2278, passed and approved Decem- ber 22, 1970; and attached as Exhibit A to Ordinance No. 2344 under SECTION ONE of said Ordinance No. 2344, passed and approved March 21, 1972, be and the same are hereby amended by substituting an entirely new Exhibit therefor; which substituted Exhibit is attached hereto and made a part hereof as Exhibit T. SECTION TWO: That this Ordinance shall be in full force and effect as of 12 a.m., May 2, 1973, and after its passage, approval, and publication in the manner provided by law. PASSED and APPROVED this day of 2 1973. Village er - 2 - ORDINANCE NO. WHEREAS, the Plan Commission of the Village of Mount Prospect heretofore on October 20, 1972, at the hour of 8:00 P.M., conducted a public hear- ing under Case No. 72-20P on a request for zoning classification changes from R-4 (Residential Development District) and B-3 (Business - Retail and Service District) to B-4 (Business - Retail and Service District) for certain parcels of property hereinafter described; and WHEREAS, a notice of the aforesaid hearing was made in the manner pro- vided by law; and WHEREAS, the Plan Commission of the Village of Mount Prospect has recom- mended that the petitioner's requests be granted; and WHEREAS, the Judiciary Committee of the Board of Trustees of the Village of Mount Prospect did meet on March 8. 1973, and did review Case No. 72-20P; and 'n'HEREAS, the said Judiciary Committee has recommended to the President and Board of Trustees of the Village of Mount Prospect the rezoning of the subject property herein to B-4 (Business - Retail and Service trict); and WHEREAS, the President and Board of Trustees of the Village of Mount 4 Prospect, have determined that the best interests of the Village of Mount Prospect will, be attai"ned by the adoption of the said Judiciary Committee and Pl,an Com-mi-ission, recommendat ions on Case No. 72-20P re- garding the sub ect 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 Map 36-S (the Zoning Ordinance) of Article XXVII of-- apter 14 of the Municipal Code of Mount Prospect of 1957, as amended, be and is hereby further amended by reclassifying from R-4 (Residential Development District) and B-3 (Business - Retail and Ser- vice District) to B-4 (Business - Retail and Service District) the fol- lowing described property: PA14"JI31 I That part of the Southeast 1/4 of the Southeast 1/4 of Section 14, Township 41 North, Range 11 East of the Third Principal Meridian c1cscribcd as follows: Beginning at a point 12 chains South of the Northeast corner of said Southeast 1/4 ,of the Southeast 1/4 of said Section 14; thence West ll.S chains; thence South 2.35 chains; thence West 8.50 chains to the West line of said Southeast 1/4 of the Southeast 1/4; thence Soutli 5.6S cha=ins to the Southwest corner of said Southeast 1/4 of the Southeast 1/4, - thence East 20 chains to the Southeast corner of said Sec- tion 14; thence North 8.0 chains to the place of- begirming Co.xcopt therefrom that part of the Sotithea-st 1/4 of the Southeast 1/4 Of- Section 14, Township 41 North, Range 11 East of the T11-iird Principal Meridian, described as follows: Beginning at the Southwest corner of said Southeast 1/4 of the Southeast 1/4; thence North along the West line of said Southeast 1/4 off' the Southeast 1/4 385.20 foot; thence 1"I-ast 562.28 foot to a point 385.38 foot North of the South line of said Section 14; thence South 385.38 feet to a T)Odnt in the South line of said Section l4, which is 562. 0 ,cl foot F-st of the Southwest corner of said Southeast 1/4 of tho Southeast 1/40 thence West along tho South Ji I _11c of said id Section 14 to p`aco of bocril'L'1111�, C"U"Id oxcept therol-rom tL,he 'J' t,v Last 21.0 feet of the South 220 feet of the Southeast 1/4 of the Southeast 1/4 0-17 Soction 1.4 aforesa-i-c"Ll ai­id excopt thero- 'ist of, Froin tli,it part of oo the I'- st So ft of the Sot t1ioL 1/4 o tho sol lthc",ist 114 01- Soctioar 14 afoi-os,,ii(l wl)icli I I Noi,th ol' the Sojit�li('eCt" 0i' the Scmtlic,x ,t '114 of tlic & &I Soti-thoast 1/4 of Soction 14 and SOh Of tho NQrth line of hereinabove doscribed tract of lands) in Cook County, illinois. That part of tie Southeast 1/4 of the .,Southea,st 1/4 of Sec- tioi-i 1-4, Township 41 North, Rai',Lge 11 Fllast of the Third 111-incii,);11. Mol­idic,111� (lescribcd ("Is bogil,111-illcy (-A tho Northeast C10 0 i' S"I i Q1 SoUt,110'IS t 1/4 0 �_ 4-I)C SOUL 1) c,i ,; t 'I /4 of s C-1 i d Sectioli 1.4; thenco West 20 cha-1 n,s; the].-I.cc South 14.35 chaiirsw; thence East 8.50 chains ; thence North 2.35 chains ; thence 9 9 T."AQ-5t, 11.S0 chains; thence North 12 chains to the point of boo -inn 11"1,Q (oxcol )t-ing :F1.0111 scli(] prolidscs, tl�)-,at ])CIrt t1lorcof lying West'- OF a lino 562.0 Foot of Nil d C t0 1-11w West line of the. aforcsaid Soutl)cast 1/4 of the Sotitlicast 1/4, and also excepting firi said premises that part thereof lyin� Northerly of alino doscribcd as follows.- Begiraiing at a POint In the F,ost lino of the Southea st 1/4 o,fw the Soutlicast 1/4 afoi,csaid, 210.03 fcct (iiioasurcd along said East lino) South, of the Northeast corner of said Southeast 1/4 of the Southeast 1/4, and running thence West along a line ivh.ch is 210.00 :sect: South of (mc,1surccl at riZht anp,1cs to), and para llcl. 1v i t 1 tie Nof h I i m, o i' t i1c s,'I i (1 Soi.1tho,'Ist 1/4 0 r 11-11C soutl,lc,,);,''t (j f, /0".09 FCCI rlmii�ii�yv ' a dj.stalico cel, 01'!'10,50 foot- mol -c 01ass to ;I poi (m the Wost lino, of s;iicl so(Itlic, 1/d 0C t1lo Solitholst 1/4 IvIvicil poi I 11t i.s Fcol, Sr)Wh Hie Nw (lhi'vc: "I conwt, Cowity, I'Ll illois SECTION TWO.- That this Ordinance shall be null and void and of no force and etfect 'whatsoever until 1201 A., 1111., May 2� 1973, and after its pass- age, approval, publication, land such, time as, an accurate plat res ubdivi- ding the subject parcel diescribed in SECTIONONE above is recorded with the Recorder of Deeds Of Cook, County, 111inolls, a copy of what plat of subdivision shall be attached hereto and made a part hereof. AYES: PASSED and APPROVED this day of 1973. Village Pr__e`s`TT'ent V 1_1 7la g �eCM e x� - 2 - RESTRICTIVE COVENANTS KENROY, INC., an Illinois corporation, in accordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creati That part of the Southeast 1/4 of the Southeast 1/4 of Sec- tion 14, Toioiship 41 North, Range Il East of the Third PfA rillciP�11 Morid!'L In, dcscribcd "s beginnhig at tho Northeast corner of said Southeast 1/4 of the Southeast 1/4 of said 1 Iris Section 14; thence West 20 chains; thence South 14.35 cha' thence East 8.50 chains; thence North 2.35 chains; thence 1',qst 11-50 chains' thencc North 12 chains to the po'int of Oogiluli.11g(CXcC-pti'n1 ' T .mill S(aid proillises t1l"It J)art tlicrcoC lying lVost of a line 562.0 :feet 1� ' ast oF and parallel to the West line of the aforesaid Southeast 1/4 of the Southeast 1/4,' and also excepting from said promises that part thereof lying Northerly of a li'i'io c1oscrj1)cd as follows: Beginning at a point ill t1lo lilic or, the Soutlicast 1/4 OC the SOU&COSt 1/4 aforcstaid, 210,03 feet (mcasurcd along said East line) South of the Northeast corner of said Southeast 1/4 of the Southcast 114, and mining thence West along a line which is io-00 Coct South of (iiioasurcd tat ri.Jit (,Injiles to) and parallel �vil'li Clio Noilli 1hie off' t,lw ;;'lid `outlw;i�;t 1/4 of I -lie SoutLeri:',t is t co 7( 21.09 Cert t'Jlojlco n11111 i 1) I ot 11)01 c or less to t'.1, poilit oil the livest link"N o(, ol- tllo soll'111('41"t 1/4, ►Pi (0' Hie N(ii,Ilwt.­.t c(p,mq, ��c��iQ 1�����fi�'i c)�� la�';�,�s(l��,1,; 1 1 P) P ol, said Coulity, to guarantee development substantially in accordance with Planned it Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on _, 1973, fora period of eighteen (1 8) 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 Develop- ment 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. 3. That as final occupancy by residents occur as to each stage of develop- ment, 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 it Development and any amendments thereto. Said Plat of Open Space Ease- ment shall constitute a covenant running with the land for fifty (SO) years from the 1-1 2 - 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 those covenants shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be suhiect 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 condi- tions 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 attempt to violate any of the covenants herein, it shall be law- ful for the other parties hereto including the Village of Mount Prospect to prosecute 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 the parties hereto, their successors and assigns. Attest: Attest: KENROY, INC., an Illinois corporation By: VILlAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illit By. --'' =11'agJ-111"Prest dent - LVA 8 a MAX "t owe) = a L9111 R 9 =1 ••I a am' ........................ ---- March 18, 1973 To: Building Department From: Board of Appeals Re: Case No. 73-9A Heard March 16., 1973 Petitioner: Village of Mount Prospect Represented by'John Zimmermann, Village Attorney Property: Lots 1, 25 3, 4, 53 6, 8 and 9 in Elmhurst -Algonquin Industrial Park Unit No. 2, being.a subdivision in the Southeast 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, which land and territory lies contiguous to Nordic Road and Carboy Road., which rights-of-way are legally described as follows: All that part of Nordic Road lying West of and ad- joining Lots 1 through 5 in Elmhurst -Algonquin In- dustrial Park Unit #2 being a subdivision in the Southeast 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian and all that part of Carboy Road lying East of the West line of Nordic Road extended South all in the afore- said subdivision in Cook County., Illinois. Unit 47-S District: I-1, subject to successful annexation to the Village of Mount Prospect. Request: The property mentioned above is the subject of a pre- annexation agreement and with the exception of Lots 5, 6 and 8 are now occupied by buildings. It is the request of the Petitioner that variations be granted, subject to the annexation of the property, so that the property can be continued to be used as it is now being used and as was planned by the owners in the past. Therefore, variations are requested, as follows: 1. A variation of 20 feet on the side yard require- ments for Lots 5. 6 and 8, to allow a 10 foot side yard, rather than the 30 feet required by our ordinance. 2. A variation to allow Lot 5 to continue to be used with a 30 foot setback on both the west and south boundaries of the lot. 3. Also a variation in lot size, so that the prop- erties can continue to be used as presently are used, wheras our present I-1 restrictions restrict an I-1 lot to an area of 4 acres or more in size, Neighbors: Notified Objectors: None Results of Testimony: Reference is made to Exhibits 1. 2 and 3, which are the petition for annexation of this, property; a map of the Elmhurst -Algonquin Park #2 and the pre -annexation agree- ment respectively, for additional details It is the wish of the Village that this property be annexed to the Village of Mount Prospect, which would be beneficial to not only the present property owners but also to solidify- ing the boundary lines of the Village. The property is now being used as in the I-1 District. The variations requested would not allow for any use other than present use, a use that had been -planned. The continuation of the proper -tiles and our side yard require- ments as now being utilized will align the property now occupied and the vacant property with other use in the area. The Board of Appeals considered the present use of the property; the reason for these variations; the segatious judgment of the Trustees of the Village of Mount Prospect in suggesting such an annexation and variations and decided by a vote of 6 - O.to recom- mend that the variations as outlined by the Village Attorney be approved as requested.