HomeMy WebLinkAboutOrd 5684 A 04/15/2008
ORDINANCE NO. 5684-A
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE
OF MOUNT PROSPECT FOR PORTIONS OF THE COMMONWEALTH
EDISON RIGHT OF WAY LOCATED AT THE NORTHEAST CORNER OF
WOLF ROAD AND EUCLID AVENUE
Passed and approved by
the President and Board of Trustees
the 15th day of April, 2008
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 16th day of April, 2008
ORDINANCE NO. 5684-A
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
OF THE VILLAGE OF MOUNT PROSPECT
FOR PORTIONS OF THE COMMOWEAL TH EDISON RIGHT OF WAY
LOCATED AT THE NORTHEAST CORNER OF WOLF ROAD AND EUCLID AVENUE
WHEREAS, Gendell Partners Euclid & Wolf, LLC ("Petitioner'), has filed an application to rezone
certain property, Commonwealth Edison Right-of-Way generally located at the northeast corner of Wolf
Road and Euclid Avenue ("Subject Property'), and legally described as follows:
That part of the West half of the Northwest quarter of section 25, Township 42 North,
Range 11 East of the Third Principal Meridian lying easterly of a line which is 210 feet
westerly of (measured at right angles to ) and parallel with the westerly line of the
Canadian National Railway (formerly the Wisconsin Central Railroad) and westerly of
said westerly right-of-way line of the Canadian National Railway (formerly the Wisconsin
Central Railroad), (Excepting that part thereof falling in Wolf Road and that part thereof
falling in Euclid Avenue) in Cook County, Illinois; and
Property Index Number: 03-35-300-011-0000; and
WHEREAS, the Petitioner has requested the Subject Property be rezoned from CR (Conservation
Recreation) to B-4 (Commercial Corridor) District; and
WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-31-06,
before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of
September 2007, pursuant to due and proper notice thereof having been published in the Mount
Prospect Journal & Topics on the 8th day of August, 2007; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to
the President and Board of Trustees of the Village of Mount Prospect in support of the request being
the subject of PZ-31-06; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered
the request being the subject of PZ-31-06 and have determined that the best interests of the Village of
Mount Prospect would be served by granting said request.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF
THEIR HOME RULE POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is
hereby further amended by reclassifying the property being the subject of this Ordinance from CR
(Conservation Recreation) to B-4 (Commercial Corridor) District.
SECTION THREE: This amendment of the Official Zoning Map from C-R (Conservation Recreation) to
B-4 (Commercial Corridor) District is based upon a conditional use permit for a planned unit
development for the construction of a retail center with drive through access, pursuant to Ordinance
No. 5684 B, and in the event that such conditional use shall become null and void or revoked pursuant
to Section 14.203F(11) of the Mount Prospect Zoning Code, the zoning shall automatically revert back
to C-R (Conservation Recreation) and the Official Zoning Map shall be so amended.
PZ-31-06
Mapamendment
Page 2/2
SECTION FOUR: The Development Agreement, attached as Exhibit "B" is made a part of this
ordinance.
SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
Hoefert, Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
Corcoran, Wilks
ABSTAIN:
Juracek
PASSED and APPROVED this 15th day of April 2008.
ATTEST:
VlJ~~ O{J
M. Lis~ Angell f
Village Clerk
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Exhibit "8"
DEVELOPMENT AGREEMENT
Preamble
Gendell Partners Euclid and Wolf, LLC ("Gendell") filed an application with the Village of
Mount Prospect, an Illinois home rule municipality ("Village") for the rezoning of the property
legally described on Exhibit "A" ("the Property"). The Village has, pursuant to law, determined
that it is in the best interests of the Village to grant the rezoning.
In consideration of the grant of the rezoning by the Village and other good and valuable
consideration, Gendell shall accomplish the following:
1. Obtain the written approval of Commonwealth Edison for the development
project as depicted on the October 10, 2007 Site Plan prepared by OKW
attached as Exhibit "B"; and
2. The installation of a sidewalk, pursuant to Village standards, as shown on Exhibit
"C", provided that Gendell shall not be required to spend more than $50,000.00
toward such installation. If the cost to Gendell is estimated to be greater than
$50,000.00, Gendell shall so notify the Village and enter into good faith
discussions to otherwise assure the installation of the sidewalk.
Gendell understands and acknowledges that the rezoning of the Property is conditioned
upon fulfilling the obligations set forth above prior to the issuance of any permits. Permits may
be issued prior to the installation of a sidewalk if Gendell posts a cash bond of $50,000 with the
Village for the purpose of guaranteeing the installation. If a building permit is not issued by April
30, 2009, the ordinance rezoning the Property shall lapse and the Property shall revert to its
prior zoning.
DATED: -M \-S-
,2008.
VILLAGE OF MOUNT PROSPECT
GENDELL PARTNERS EUCLID
AND WO L
By:
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