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HomeMy WebLinkAboutOrd 4143 02/06/1990 ORDINANCE NO. 4143 AN ORDINANCE GRANTINGAN AMENDMENT TO A PLANNED UNIT DEVELOPMENT AND GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 1500 SOUTH EI24HURST ROAD, MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 6th day of February , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22nd day of March , 1990. DC/CAF ORDINANCE NO. 4143 AN ORDINANCE GRANTING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT AND GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 1500 SOUTH ELMHURST ROAD WHEREAS, The May Properties 1975, Inc. (hereinafter referred to as Petitioner) has filed a petition for Special Use and variations with respect to property commonly known as 1500 South Elmhurst Road (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is legally described as follows: Lot 2 in Kenroy's Elmhurst-Dempster Subdivision, being a subdivision of part of the East Half of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded May 16, 1973 as Document No. 22327173, in Cook County, Illinois and WHEREAS, a public hearing was held on the request for Special Use (designated as ZBA Case No. 66-SU-89) before the Zoning Board of Appeals of the Village of Mount Prospect on the 28th day of September, 1989, pursuant to proper legal notice having been published in the Mount Prospect Herald on the 12th day of September,1989; and WHEREAS, a public hearing was held on the request for variations (designated as ZBA Case No. 67-V-89) before the Zoning Board of Appeals of the Village of Mount Prospect on the 28th day of September, 1989, pursuant to proper legal notice having been published in the Mount Prospect Herald on the 12th day of September, 1989; and WHEREAS, the Zoning Board of Appeals has submitted its findings on the proposed Special Use and variations to the President and Board of Trustees; 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 the recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant to the Subject Property the following: 1. That an amendment to a existing Planned Unit Development for the subject property is hereby granted, said amendment permitting the development of two outlots as depicted on the project Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". The outlots are for two Class IV fast-food restaurants with drive-thru windows, as follows: A. The northernmost-outlot is to be developed with a Class IV restaurant, as depicted on Site and Landscape Plan ELMDEM dated 8/25/89 prepared by Penco Associates, which plan is attached hereto and hereby made a part hereof as ZBA 66-SU-89 Page 2 of 3 Exhibit "A". Detailed final landscape plan is subject to approval of the Planning and Zoning Department. The dumpster enclosure at said restaurant shall be a masonry structure matching the building. B. The southernmost outlot is to be developed at a future time, subject to the verification as to use and the approval of the Zoning Board of Appeals as to site plan, landscape plan and building design. 2. That an addition of approximately 20,000 square feet shall be permitted on the north side of the Venture Store within the permissible building area shown on the Site Plan (Exhibit "A" hereto), subject to the approval of the Zoning Board of Appeals as to Site Plan and building design. Such addition shall be for retail-oriented use as is permitted in the B-4 District except that no automobile or motor vehicle-oriented use shall be permitted. 3. That a variation to allow a 20' parking lot setback instead of the required 30' along both Elmhurst Road and Dempster Street shall be permitted. 4. That a variation to allow a zero foot parking lot setback instead of-the required 20' on both the west and north property lines shall be permitted. 5. Signage for all buildings in the Planned Unit Develop is subject to the findings of the Sign Review Board from their meetings of October 16 and December 18, 1989. 6. Landscape improvements shall be done in one phase, as depicted on Site Plan L-1 and L-2, Venture Store #18, prepared by May Site Planning, a copy of which is attached hereto and hereby made a part hereof of Exhibit "B", such improvements to be completed prior to issuance of the occupancy permit for the restaurant on the northernmost outlot. 7. Venture Stores, Inc. (the successor in interest to the May Properties 1975, Inc.) shall execute an easement with the Mount Prospect Park District to permit the extension of a sanitary sewer line for the benefit of the Park District through and under the Venture parking lot in the location shown on the Plat of Easement prepared by Paul Lotz, Land Surveyor and dated October 27, 1989. SECTION THREE: That the Special Use and variations granted herein are subject to the Petitioner executing the Restrictive Covenant substantially in the same form as attached hereto made a part hereof as Exhibit "C" (it being understood that revisions to Exhibit C must be approved by the Village Attorney), which Restrictive Covenant guarantees the installation of public improvements. SECTION FOUR: That the Clerk is hereby authorized and directed to file a copy of this Ordinance and attachments with the Recorder of Deeds or the Registrar of Titles, whichever is applicable. SECTION FIVE: This Ordinance shall be in full force and effect BA 66-SU-89 Page 3 of 3 from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 6th day of February, 1990. ATTEST: Carol A. Fields Village Clerk RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY 1500 South Elmhurst Road WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village Code of Mount Prospect, Illinois certain public improvemems are required to be constructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by the owner-developer of the property under development is often in conflict with other public improvement projects adjacent to or within the vicinity of said property so as to render the accomplishment of such publ/c improvements by the owner- developer to be practically or economically unfeasible until the same can be combined with or scheduled so as to conform with such other public improvements affecting the subject property under development; and WHEREAS, such other public improvement projects are administered by the Village, County or State, officials over which the owner-developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under development or to reqmre the owner-developer to establish a cash escrow, letter of credit or improvement bond for the purpose of guaran- teeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplishment of other public unprovement projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cash escrow, letter of credit or development bond, the owner-developer may execute a restrictive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be completed with respect to the property under development. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner and Development of the following described property within the Village of Mount Prospect, Illinois, to wit: Lot 2 in Kenroy's Elmhurst - Dempster Subdivision being a subdivision of part of the East Half of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded May 16, 1973 as Document No. 22327173 in Cook County, Illinois. 2. A plan of development of the described property by the Undersigned has been approved by the Village of Mount Prospect, which approval includes the completion of the following public improvements contained in and provided as a part of the plans, to wit: The purchase and installation of street lighting as required by the Village of Mount Prospect and State of Illinois Codes. 3. For a period of twenty (20) years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with sixty (60) days after being so advised by the Village of Mount Prospect to commence such construction and instal- lation work, and shall continue said work without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village plans and specifications pertaining thereto. 4. This Covenant to complete the said public improvements as herein contained shah run with the said property; and for the period of time as set forth herein. Nothing in this Covenant shah in any way prevent the alienation or sale of the subject property or any portion thereof, except that said sale shall be subject to the provisions hereof and to the plan of development pertaining to the property, and the new owner shall be both benefited and bound by the conditions and restrictions herein expressed. 5. This Covenant shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subject property fails to complete the required improvements or pay a proportionate share of the required improvements by other contractors within 'the specified time periods herein, the value of such improvements shall be entered as a lien against the property due and payable within sixty (60) days after notification to proceed with the improvements. /~:~ IN WlTNES~r4hI~-IEREOF, the parties hereto have set their hands and seals this day of (~/~_.---- , 19 90, OWNER-DEVELOPER Its ~ro~i don~  ' OWNER-DEVELOPER Secretary VILLAGE PRESIDENT ATrEST:. VILLAGE CLERK Real Estate Index No. 08-14-403-023 TATE OF MISSOURI ) SS I, ~~,~d/a notary pub lis in and for said respectively, o~ V~tu~e Stores, Inc~,''and personally known to me to be the same persons whose names are subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that each signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth. G~%~ ~nder my hand and notarial seal this /~ day of , 19 0. ? My Commission Expires: - STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) I, /~W~/~ ~Y~-, a notary public in and for said co ty i th s ate afc sa' d h,e b certify .~~. ~ and ~. ~~, that personally known to me to be the Pre, dent and Village Clerk, respectively, of the Village of Mount Prospect, and personally known to me to be the same persons whose names are subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that each signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. this ~en hand and notarial seal under my of %,~4~xx~u---- , 1990. / Notary Public My Commission Expires: ~ S~~,, VELMA W. LOW£ My Commission Expires 9/~[3/92 ( 6548r(2)