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HomeMy WebLinkAbout2473_001BUILDING OE`k RTMENT all Executive Session 7:30 - 8:30 P. M. Land Acquisition NEXT ORDINANCE NO, 2456 NEXT RESOLUTION NO. 28-73 0 R D E R 0 F B U S I N E S S Village Board Tuesday, 8:30 P. M. Village of Mount Prospect October 2, 1973 1. Call to order 2. Invocation - Trustee Hendricks 3. Roll call Mayor Robert D. Teichert Trustee Anderson .,Trustee Link Trustee Furst Trustee Richardson Trustee Hendricks Trustee Schol ten 4. Approval of minutes of regular meeting September 18, 1973 5. Approval of bills 6. Communications and petitions 7, Manager's Report 1. Storm sewer bonds 2. Status 'report - Various Village projects and programs 80, Mayor's Report 1. Coalition on housing 2. Proclamation - Week of October 6 thru 13 as 4-H Week 9 Committee Chairmen Reports A. Building Committee 1. ZBA-8-Z-73 Huntzicker - SW corner N. Wille & W. Kensington a) Ordinance granting B-3 zoning (See Exhibit "A") b) Ordinance granting variation (See Exhibit "B") 2. ZBA-64SU-73 La Salle Nat. Bank, Trustee West side of Busse Rd. south of Higgins Creek a) First reading of planned unit development ordinance B. Finance Committee (See Exhibit B-1) a) First reading of an ordinance increasing the number of Class A liquor licenses (See Exhibit "C") C. Fire and Police Committee D. Judiciary Committee E. Public Health & Safety. Committee F. Public Works Committee 10. Other Business 1. Plat of Subdivision - Callero & Catino's Cypress Gardens 2. Plat of Subdivision - PBA Subdivision 3. Action of Village Manager re field change - Lincoln Properties PUD 10: Other Business (Continued) 4. Ordinance amending Liquor License Code re drinking age (See Exhibit "D") 5, ZBA-14-Z1-15SU & 16-V-73 -,Fanslow - 524 E. Algonquin PUD, Variations, RX to R-4 (To be continued) 11. Items to be referred 12. Committee announcements, Police & Fire Committee meeting October 3, 1973 13. For information only 14, Adjournment Sergeant -at -arms: Sgt. William Broderick ORDINANCE NO. AN ORDINANCE REZONING PROPERTY AT THE SOUTHEAST CORNER OF KENSINGTON ROAD AND WILLS STREET WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did *hold public hearings on June 28, 1973, July 26, 1973, and August 23, 1973, at the hour of 8: 00 p.m., at the Mount Prospect Village Hall and did hear Case No. ZBA-8-Z-73, pursuant to proper legal notice; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect did meet on September 8, 1973, and reviewed the recommendations of the Zoning Board of Appeals-, and WHEREAS, the 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 recommendations and findings of the Zoning Board Zoning of Appeals in Case No. ZBA- 8-Z-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 be attained by the adoption 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 Map 15-N of the Zoning Ordinance of the Village of Mount Prospect, as amended, be and is hereby further amended by reclassifying from R-1 (Single Family Residence District) to B-3 (Business - Retail and Service District) the following described property: Lot 1 of Huntzicker Subdivision, being a subdivision in the Northwest Quarter of the Northwest Quarter and of the North- east Quarter of the Northwest Quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. SECTION TWO: That Map 15-N contained in SECTION ONE of Ordinance No. 2410 passed and approved March 20, 1973, shall be deemed amended sG as to conform with the reclassification of the subject property herein contained in SECTION ON] above'. I SECTION THREE: That this Ordinance sball be in full force and effect from and after its passage, approval, and publication in the manner provided by law; and upon an approved Plat of Subdivision resubdividing the subject parcel described 0 in SECTION ONE above berecorded with the Recorder of Deeo ds of Co ingk County�., Illinois, a copy of which Plat of Subdivision shall be attached hereto and hereby made a part hereof as Exhibit A. PRIM -3 PASSED and APPROVED this day of 1 1973. ATTEST: Village President Village Clerk ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED EAST OF WILLE STREET AND 60.70 FEET TO 120.70 FEET SOUTH OF KENSINGTON ROAD 111"HEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hold hearings on June 28, 1973, July 26, 1973, and August 23, 1973, at the hour of 8.-0 0 p.m., at the Mount Prospect Village Hall and did hear Case No. ZBA-8-Z-73', as amended, pursuant to proper legal notice; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hear this request to allow a Commonwealth Edison Sub -station on the property describe hereinbelow; and I WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did recom- mend to the Building Committee of the Board of Trustees of the Village of Mount Prospect the approval of this request under Case No. ZBA-8-Z-73, as amended; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect did meet on September 18, 1973, and have reviewed the recommendations of the Zoning Board of Appeals and have recommended that the Board of Trustees of the Village of Mount Prospect concur in the recommendations of the Zoning Boar(t of Appeals; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is in the best interests of the Village of Mount Prospect. NOW9 THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the property being the subject matter of Case No.ZBA-8-Z-73, as amended, being legally described as follows: Lot 2 of Huntzicker Subdivision, being a subdivision in the Northwest Quarter of the Northwest Quarter and of the North- east Quarter of the Northwest Quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-1 (Single Family Residence District), which zoning classification shall re- main in effect subject to the variation granted herein: That Commonwealth Edison Company be permitted to operate and maintain an existing Sub -station electric distribution center on the aforesaid property. SECTION TWO,' : That all requirements of the Mount Prospect Building and Zoning Cocle shall be applicable except the variation noted in SECTION ONE heretofore mentioned. SECTION THREE: That Ordinance No. 437, passed and approved April 19, 19559 be and the same is hereby repealed. N SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law; and upon an approved Plat of Subdivision resubdividing the subject parcel described in SECTION ONE above being recorded with the Recorder of Deeds of Cook County, Illinois, a copy of which Plat of Subdivision shall be attached hereto and hereby made a part hereof as Exhibit A. AYES: NAYS: PASSED and APPROVED this day of 1973 Village Clerk MWAI Village President ORDINANCE NO. AN ORDINANCE PROVIDING FOR TITE PLAN-NED UNIT DEVELOPMENT OF PROPERTIES COMMONLY KNOWN AS THE _BE ROAD, APARTMENTS 'IYAEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hereto- fore 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 am-s'.pewc-ima.i. �use�in the nature of a planned unit development; and WHEREAS, a notice of the aforesaid special public hearing was made in the manner provided by law and published in the May 16, 1973, edition of a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, the Zoning Board of Appeals recommended that the development proposed during the course of said hearing be authorized ire that it would in no way be detri- mental 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 be at- tained by the adoption of the Zoning Board of Appeals' recommendation under Case No. ZBA-6-SU-73 regarding the subject property; I 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 The Busse Road Corporation, or its assignees, to construct a planned unit development upon the following described property, hereinafter referred to as the "subject pro- perty": PBA SUBDIVISION, being A subdivision of part of the East Half of the Northea Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Mean, in Cook County Illinois; I a copy of which Plat of Subdivision of the subject tract is attached hereto and made a part hereof as Exhibit A; and which subdivision shall not be resubdivided here- after -- in accordance with the special use permit granted herein. SECTION TWO ' : That the planned unit development hereinabove authorized and per- mitted 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. SECTION THREE: That The Busse Road Corporation, as owner of the subject pro- perty shall execute and see to the recording of the "Restrictive Covenants" at- tached hereto and 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 recording of the aforementioned Ex- hibits A and C and 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 .M' by 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, with fences and signs to be in general conformity with the Fence & Exhibits aa ttched hereto and hereby made a part hereof a Signs Ex- hibits D and E respectively. A. 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. Construction of public improvements on site and off site shall pro- ceed pursuant to the ordinances of the Village of Mount Prospect, or if The Busse Road Corporation desires to construct the said planned unit development in stages as shown upon the said Ex- hibit E,, the stages of develo ment may proceed in any s1equience WA I P IYI�Fc'ombination as determined by The Busse Road Corpox,Iatio'ri 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 MAI permits for buildins locd within that given stag Mw e. For amflgh 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 (areto and 'hereby made a part hereof) , exceopwwl�t asphaltic topping shall have been in- stalled thereon during construction. C Before the acceptance by the Village of ownership of any on slte water mains or sanitary sewer lines reflected in the said On Site Utility Plan (Exhibit F), The Busse Road Corporation shall conve to the Village of Mount Prospect sufficient easements (minimum 10 feet wide) for the maintenance of such on site water mains and sanitary sewer lines and shall post witb 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. D. The storm water retention lake shown upon the Site Plan (Exhibit BN shall ♦be a minimum 2.39 acre ♦feet capacity. SECTION FIVE: That as each stage of development is completed and occupancy certificates are issued for all of the residenciesin such stage, The Busse Road O Corporation will cause a Plat of pen Space Easement to be delivered to the lage of Mount Prospect. M 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 covenant running with the land and shall be enforceable by the said Village of Mount Prospect. SECTION SIX: That this ordinance together with all its exhibits and plans shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon completion of the planned unit development herein; and the Restrictive Covenants contained on Exhibit C hereto shall be recorded immediately upon the execution thereof and the passage and approval of this ordinance. SECTION SEVEN: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law and the recording of the Plat of Subdivision and Restrictive Covenants attached here- to as Exhibits A and C, respectively. AYES: NAYS: PASSED and APPROVED this day of 1973 Village President BUEUNM� 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 VILLAGE OF MOUNT PROSPECT . a municipal corporation of the County of Cook and State of Illinois, as follows: 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 222 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; 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 Norths 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, Town'ship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois to auarante development substantially in accordance with the Planned 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. 0 ii 0 R . . '11111 ifill"] 11111 0 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, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development,, 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 those 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 IM 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. 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 day, of 1973. THE BUSSE ROAD CORPORATION, an Illinois corporation ATTEST: By: VILLAGE OF MOUNT PROSPECT, a municipal corporation of the Countyof Cook and State of Illinois ATTEST: By: Village President Village Clerk ME