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HomeMy WebLinkAboutOrd 3021 07/01/1980 ORDINA.~CE NO. 3021 AN ORDINANCE ZO~]ING AND GRA'.-~TING A ZONING AMENDMENT AND PLA%:NED DEVELOPMENT APPROVAL FOR BRICKMAN PROPERTY ~HEREAS, Wheeling Trust and Savings Bank as Trustee under n '['rnsu Agreement dated'February 5, 1968 and known as Trust No. 625 the beneficiary thereof, Brickman Limited (hereinafter the Trust and beneficiary shall be referred to collectively as the "Petitioners") are the owners of a parcel of real estate legally described as: Lot "A", except that part thereof described as follows: Commencing at the Southeast corner of said Lot; th~n West along the South line of said Lot, 125,0 feet; thence Northerly parallel with 'the Easterly line of said Lot, 150,0 fee't; thence Ea'st parallel with the South line of said Lot, 125.0 feet; to the Easterly line thereof; thence Southerly along the Easterly line of said Lot, 150.0 feet to the place of beginnlng, and excepting also that part of said Lot "A" described as follows: Beginning at a point on the South line of said 'Lot "A", 185.0 feet West of the Southeast corner of said Lot and running thence West along said 'South line 172.0 feet; thence Northerly parallel with the Easterly line of said Lot, 155.0 feet; thence East parallel with said South line of Lot "A" 172.0 feet; thence Southerly parallel with the Easterly line of said Lot "A", 155.0 feet to the place of. ~eginning, in WOODVIEW MANOR, UNIT NO. 2, being a Subdivision of part of the Southeast 1/4 of Section 24, Township 42 North, Range 11 East of the 3rd Principal Meridiah in Cook County, IllLnois, (hereinafter referred to as the :~Subject Property"); and WHEREAS, Petitioners previously requested that the Subject Pr~3per be rezoned from the R-1 Single Family Residence District to the 2-4 Residential Development District under the provisions of ~'.he Zoning Ordinance of the Village of Mount Prospect (hereinafteu referred to as the "Zoning Ordinance"), that a ten perccnt (10%) density bonus be granted under the provisions of the R-4 Residential Development District and that a special use permit fc a planned development ]De granted,, all as set forth in case ZBA-15-Z-80 ~-~nd Z~A-~6- WHEREAS, a public hearJ, ng was held on tho Petitioners' in case numbers ZBA-15-Z-80 and ZBA-16-SU-80 b~ore ~he Zo~Juq Board of Appeals of the Village of Mount Prospect on April 24, '~ pursuant to proper public notice published in the Mount Prosp.c_~_t Herald on April 8, 1980; and WHEREAS, the Zoning Board of Appeals recommended that Pet':t4oo,ers requests ]De grantod; and WHEREAS, the P,,]]_ld~nq Committee of the Village Board of tho of Mount Prospoc~ has recommended the Petitioners' r. equests fr,r rezoning, for l>]o~nod d¢,velopment approval and for a ten l~o. rc~t (]0%) increas'.~ i~] the deos4ty otherwise permitted Jn tine Residential Development D~strict for the provisioo of amcnities, be granted; and ,~_,.(,~u~,3vAS·, the Prc, side~3t and l~oard of Trustees. . of the Villace cunt Prospect have determined that with respect to the etitioners' request for a special permit to permit the develop- ent of the Subject Property with a planned development, that etitioners have satisfied the standards for the grant of such uDrovals as set forth in Section 14.704 of Article VII of the ~ing Ordinance and in Section 14.2503 of Article XXV of the oning Ordinance and find that it would be in the best nterest of the Village of Mount Prospect to grant Petitioners ~eir various requests subjec~ to the conditions se~ forth in ~is Ordinance. }W, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF RUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS S FOLLOWS: ECTION ONE: The recitals set forth hereinabove are incorporated erein as findings of fact by the President and Board of Trustees f the Village of Mount Prospect. ECTION TWO: Map 50-N of the zoning map of the Village of Mount ~rosDect, Cook County, Illinois, be, and it is hereby, amended !y classifying the following described real estate in the R-4 esidential Development District: Lot "A", except that part thereof described as follows: Commencing at the Southeast corner of said Lot; then West along the South line of said Lot, 125,0 feet; thence Northerly Darallel with the Easterly line of said Lot, 150.0 feet; thence East parallel with the South line of said Lot, 125.0 feet; to the Easterly line thereof; thence Southerly along the Easterly line of said Lot, 150.0 feet to the place of beginnmng, and excepting also that part of said Lot -"A'' described as follows: }eginning at a point on the South line of said Lot "A", 185.0 feet West of the Southeast corner of said Lot and running thence West along said South line 172.0 feet; thence Northerly parallel with the Easterly line of said Lot, 155.0 feet: thence East parallel with said South line of Lot "A" 172.0 feet; thence Southerly parallel with the Easterly line of said Lot "A", 155.0 feet to the place of beginning, in WOODVIEW MANOR, UNIT NO. 2, being a Subdivision of part of the Southeast 1/4 of Section 24, Township 42 North, Range 11 East of the 3rd Principal Meridian in Cook County, Illinois, hereinafter referred to as the '!Subject Pr0l~erty") . ECTION THREE: The President and Board of Trustees of the Vi]lag~ Df Mount Prospect hereby grant Petitioners pursuant to Articles VI nd XXV of the Zoning Or~nancc, a special use permit to deve]e,~ ~he Subject Property as a planned unit development Subject to )etitloners' cemptiance with the following: The site plan for the Subject Property which is attached hereto as Exhibit A and incorporated herein by this reference; The landscaping plan for the Subject Property which is attached hereto as Exhibit B and incorporated herein by this reference. The type, size and height of landscaping to be provided EC{ of 14. the und~ Pet: on Pro aF. cer pursuanu uo such plan shall be subjecn uo the review and approval of the Direcnor of Community Development. EON FOUR: The President and Beard of Trustees of the Village punt Prospect hereby crant Petitioners, pursuant to Section 507 of the Zoning Ordinance, a ten percent (10%) increase in number of 'units per acre of the Subject Property permitted Section !4.150tA3 of the Zoning Ordinance for a maxmmum of '.~ units per acre for the Sub~ect Property provided the hioners develop the pray area and barbecue areas as shown xhibit A hereto. If Petitioners fail to so develop the Subject erty with the play area including play facilities and barbecue ihclhdihg barb~c~e'.~ac'ilit-ies-by th~ date final occupancy ificates are sought for the Subject Property, the density bon~s ted herein shall be void and of no further force and affect. SEC FION FIVE: Pursuant ~o the provisions of Section 16.407 of Che_uter 16 of the Municipal Code of the Village of Mount Prospect (t?~ "Development Code"), the President and Board of 'Trustees of ~he Village of Mount Prospect hereby require Petitioners to ma}e a cash contribution to the River Trails Park District in th~ amount of $28,500 in lieu of the dedication of land for a pa~ site. Such amount shall be payable as follows: FOur Hu~red and Seventy-Five Dollars shall be paid to the River Tr~ls Park District for each dwelling unit to be located on the SuD|ect Proper~y on or before the time a temporary occupancy certifi- ca'~ is sought for each such dwelling unit or if a temporary occupanc ceI fox be sh~ Tr~ ths res on SE{ to re, on SE{ up{ as: re( of SE( el: in AYt NA~. AB~ Ap¸ At tificate is not sought, each time a final occupancy certificate each such dwelling unit is sought. No such certificate shall issued unless and until proof of payment of the required amount ~1 be presented to the Village. The President and Board of ~tees find that such a contribution is necessary to insure proper provision of park facilities for persons expected to ide within the planned residential development to be located zhe Subject Property. TION SIX: The special use permit for the planned development be located on the Subject Property shall be subject to ocation if petitioners fail to satisfy any of the conditions its grant. TION SEVEN: The provisions of this Ordinance shall,be binding n and ~nure,.t© the benefit'-of the h~irs, successors and igns of the Petitioners and as evidence thereof shall be orded with the Cook County Recorder of Deeds or Registrar Titles, whichever is applicable. TION EIGHT: This Ordinance shall be in 'full force and ect from and after its passage, approval, and publication the manner provided by law. Sed this 1st day of July , 1980. " S: Farley, Floros, Miller, Murauskis, Richardson, Wattenberg S: None ENT: None roVed this 1st day Of July , 1980. est: il!age Clerk' ApprOved: '--3-- EGAL DESCRIPTION Lot "A", except that part thereof described as follo~vs: Com~nencing at the Southeast corner of said Lot; th~n West along the South line of said Lot, 125,0 feet; thence Northerly parallel with the Easterly line of sa~d Lot, 150.0 feet; t~ence East parallel with the South line of sa~d Lot, 125.0 feet; to the Easterly line thereof.; thence Southerly a]'ong the Easterly line of said Lot, 150.0 feet to the place of beginning, and excepting also that part of said Lot "A" described as fol]o~vs: Beginning at a point on the South line of said 'Lot "A"~ 185.0 feet ~'~est of the Southeast corner of sa~d Lot and running thence West along said 'South line 172.0 feet; thence Northerly parallel with the Easterly line of said Lot, 155.0 feet; thence East parallel with said South line' of' Lot' "A" 172.0 feet; thence SOUtherly parallel with the Easterly line of said Lot "A", 155.0 feet to the place of ~eginning, in ~,;OODVIEW ~NOR, UNIT NO. 2, being a Subdivision of part of the Southeast 1/4~ · '..of Section 24, Township 42 North, Range 11 East of the 3rd Principal Meridiah in Cook County, Illinois, EXHIBIT A TATE OF ILLINOIS ) ) ss COUNTY OF COOK ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION WHEELING TRUST AND SAVINGS BANK, an Illinois banking corporation, as Trustee under Trust Agreement dated February 5, 1968, and known as Trust Number 625, Plaintiff, vs. VILLAGE OF MOUNT PROSPECT, a municipal corporation, Defendant, and ROBERT M. BARRETT, et al., Intervenors. No. 73 L 12381 CONSENT DECREE This matter coming on to be heard on Plaintiff's Complaint for Declaratory Judgment, Defendant's Answer to said Complaint and Intervenors' Answer to said Complaint; said parties having reported to the Court that they have settled and compromised all matters and issues between them pertaining to the above entitled cause; and the parties having further reported to the Court that they have con- sented to and agreed to be bound by the terms of the agree- ment hereinafter set forth; and the Court being fully advised in the premises; NOW, THEREFORE, upon the agreement of the parties hereto, THE COURT FINDS AS FOLLOWS: 1. The Court has jurisdiction of the subject matter of this action and of the parties thereto, and has jurisdiction and authority to enter this Decree. 2 - 2. The Plaintiff is an Illinois banking cor- poration with offices in the Village of Wheeling, County of Cook, State of Illinois, and is a party to this action not individually but as Trustee under Trust Agreement dated February 5, 1968, and known as Trust No. 625. 3. The Defendant is a municipal corporation in the county of cook, State of Illinois. 4. The Intervenors are landowners of property in the general vicinity of the Subject Property legally described in Paragraph 5, herein. 5. This Consent Decree shall apply to and affect only the parties hereto, their successors in interest, and tha~ tract of land hereinafter referred to as the "Subject Property" and legally described on Exhibit "A," attached hereto and made a part hereof. 6. The corporate authorities of the Village of Mount Prospect have held, or caused to be held, all public hearings required by law to be held in connection with a change in the zoning regulations applicable to the property described in Exhibit "A," and the parties have otherwise complied with the terms and conditions of the Stipulation to Discontinue filed herein. 7. On July 1, 1980, the Defendant duly passed and approved Ordinance No. 3021, entitled "An Ordinance Zoning and Granting a Zoning Amendment and Planned Develop- ment Approval for Brickman Property," a copy of which is attached hereto as Exhibit "B," and made a part hereof. 8. Said Ordinance No. 3021 approved a final site plan for the developmeht of the Subject Property, a copy of which site plan is attached hereto as Exhibit "C," and by virtue of the said ordinance the Defendant has approved development of the Subject Property in substantial compliance with the said Exhibit "C." 3 - 9. On July 15, 1980, the Defendant duly passed and approved a final pi~'t of resubdivision of the Subject Prop- erty, a copy of which is attached hereto as Exhibit "D," and made a part hereof. The parties have agreed that said Exhibit "D" shall be recorded with the Recorder of Deeds of Cook County, Illinois, by Defendant, within 30 days after the Defendant, the Village of Mount Prospect, has approved final engineering plans for the development described in Exhibits "B" and "C" hereto and the Plaintiff has submitted to or deposited with the Village such financial guarantees of the completion of the public improvements in the proposed development as are required'by the codes and ordinances of the Village. 10. The parties hereto have agreed that the Subject Property may be used and developed in substantial conformance with Exhibits "B" and "C" hereto. 11. It is understood by the parties hereto that final engineering plans have not been submitted by Plaintiff to Defendant, and that building permits for construction on the Subject Property will not be issued until such plans have been submitted and approved by the Defendant.- NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. That the agreements by and between the Plain- tiff, the Defendant and the Intervenors, set forth herein- above be, and they are hereby, approved. 2. No appeals shall be taken from this Decree by any of the parties to this cause. 3. None of the parties to this proceeding shall recover of and from any other party any costs which such party may have sustained in connection with this cause, but all such costs, having been paid, shall remain with and be taxed to the parties who shall heretofore have incurred costs. 4 - 4. This Court reserves and retains jurisdiction of the above entitled action for the purpose of permitting the parties to this Decree to apply to this Court at any future time for such further orders and directions as may be necessary for the construction, implementation, or enforce- ment of this Decree. DATED this day of , 1980. Enter: JUDGE CONSENTED TO: VILLAGE OF MOUNT PROSPECT, a municipal corporation Mayor ~' ROSS, HA~RDIES, O'KEEFE,. BABCOCK & PARSONS By: /% . ~. '// ~-~ /- ..... ~'~ Gehera~ Counsel tb the Village~f M0un~/Prospect CONSENTED TO: WHEELING TRUST & SAVINGS BANK, as Trustee under Trust No. 625, and not personally Trust No. 625, with Power of Direction CONSENTED TO: ROBERT M. BARRETT, et al. for Intervenors Plaintiff CIRCUIT COURT ORDINANCE NO. 3021 AN Of~,DINANCE ZONING AND GP~NTII,IG A ZONING AMENDNIENT AND PLANNED DEVELOP.~4ENT APPROVAL FOR BRICKMAN PROPERTY WHEREAS, Wheelin. g Trust and Savings Bank as Trustee un'er a Trust reement dated February 5, 1968 and known as Trust No. 625 and tlne beneficiary thereof, Brickman Limited (hereinafter the Trust and beneficiary shall be referred to collectively as the Petitioners") are the owners of a parcel of real estate loually [escribed as: Lot "A", except that part thereof described as follows: Commencing at the Southeast corner of said Lot; th~n West along the South line of said .Lot, 125,0 feet; thence Northerly parallel with the Easterly line of said Lot, 150.0 feet; t~ence East parallel with the South line of said Lot, 125.0 feet; to the Easterly line thereof; thence Southerly al'ong the Easterly line of said Lot, 150.0 feet to the place of beginning, and excepting also that part of said Lot "A" described as follows: Beginning at a point on the South line of said 'Lot "A"., 185.0 feet %'~est of tine Southeast corner of said Lot and running thence West along said 'South line 172.0 feet; thence Northerly parallel with the Easterly l~ne of said Lot, 155.0 feet; thence East parallel with said South line of Lot 'A" 172.0 feet; thence Southerly parallel with the Easterly line of said Lot 'A", 155.0 feet to the place of ~eginning, in WOODVIEW NJ~NOR, UNIT NO. 2, being a Subdivision of part of the Southeast 1/4' of Section 24, Township 42 North, Range 11 East of the 3rd Principal Meridiah in Cook County, Illinois, (kereinafter referred to as the ::Subject Property"); and WHEREAS, Petitioners previously requested that the Subject Pr,~per -be rezoned from the R-1 Single Family Residence District to the R-4 Residential Development District under the provisions of the Zoning Ordinance of tine Village of Mount Prospect (hereinafter referred to as the "ZQning Ordinance"), that a ten percent (10%) density bonus be granted under the provisions of the R-4 Residential Development District and that a special use permit fc a-planned development be granted, all as set forth in case ZBA-15-Z-80 and ZtSA-16-$U-80. WHEREAS, a public hearJ, i]9 was ~eld on tine Petit.ioners' requc:;~.s in case numbers ZBA-15-Z-?~0 and ZBA-16-SU-80 before 'the Zo~Jnq Board of Appeals of the Village of Mount Prospect on April 24, 19 pursuant to proper public notice published in the Mount Prosp?_ct Herald on April 8, 1980; and %.HmREAS, the Zoning Board of Appeals recommended that Petit4o~,.~:rs. requests be granted; and -~.'~4EREAS, the P. uitdiuq Committee of the Village Board of the -o~f .Mount Prosp~-ct ha.~ recommended the Petitioners' xequests f,,r rezoning, for p]~nn,~d dcwelopment approval and for a ten {]0%) increase in the density ot-herwise permitted ~n the ~ '~:~e_~ident~al Development D~strict for the provision of ape-cir,-u! amenitiesl be granted; and Exhibit B ~Ii~ERF~%S, the President and' Board~ of Frustees of the Villaqe of ~ount Prospect have determir~ed ~hat with resoect to the ' ~etltloners request rot a special permit to permit the develop- ~ent of the Subject Property with a~planned development, that ~etitioners have satisfied the standards for the grant of such ~oprovals as set forth in Section 14.704 of Article VII of the ~ning Ordinance and in Section 14.2503 of Article XXV of the oning Ordinance and find that it would be in the best nterest of the Village of Mount Prospect to grant Petitioners heir various requests subject to the conditions set forth in his Ordinance· NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF ~RUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS: ~ECTION ONE: The recitals set forth hereinabove are incorporated ~erein as findings of fact by the President and Board of Trustees ~f the Village of Mount Prospect. SECTION TWO: ~Map 50-N of the zoning map of the Village of Mount Prospect, Cook County, Illinois, be, and it is herebY, amended ~y classifying the following described real estate in the R-4 Residential Development District: Lot "A", except that part thereof described as follows: Commencing at the Southeast corner of said Lot; then West along the South line of said Lot, 125,0 feet; thence Northerly parallel with the Easterly line of said Lot, 150.0 feet; thence East parallel with the South line of said Lot, 125.0 feet; to the Easterly line thereof; thence Southerly along the Easterly line of-said Lot, 150.0 feet to the place of beginning, and excepting also ~that part of said Lot -"A'' described as follows: ~eginning at a point on the South line of said Lot "A" 185 0 feet West of the Southeast corner of said Lot and running thence West along said South line 172.0 feet; .thence Northerly parallel with the Easterly line of said Lot, 155.0 feet; thence East parallel with said South line of Lot "A" 172.0 feet; thence Southerly parallel with the Easterly line of said Lot "A", 155.0 feet to the place of beginning, in WOODVIEW t~NOR, UNIT NO. 2, being a Subdivision of part of the Southeast 1/4- of Section 24, Township' 42 North, Range !1 East of the 3rd Principal Meridian in Cook County, Illinois, b~reinafter referred to as the '!Subject PrOperty"). ECTION THREE: The President and Board of Trustees of the Vi]lag~ Of Mount Prospect hereby grant Petitio]oers pursuant to Articles VII and XXV of the Zoning Ordinance, a special use permit to deve]o? the Subjegt Property as a planned unit development ~ubject to Petitioners' compliance with the following: o The site plan for the Subject Property which is attached hereto as Exhibit A and incorporated herein bY this reference; The landscaping plan for the Subject Property which is attached hereto as Exhibit B and incorporated herei'n by this reference. The type, size and height of landscaping to be provided - 2 - ursuant to such plan shall be subject to the review and approval of the Director of Community 'Deve!opment. SECq, ION FOUR: The President and Board of Trustees of the Village of ~ount Prospect hereby grant Petitioners, pursuant to Section 14.~i507 of the Zoning Ordinance, a ten percent (10%) increase in thelmumber of units per acre of the Subject Property permitted und~ Sectmon !4.1501A3 of the Zoning Ordinance for a maximum 'of 2?.6 units per acre for the Subject Property p~ovided the Petitioners develop the pi'ay area and barbecue a~eas as shown on ~xhibit A hereto. If Petitioners fail to so cevelop the Subject Property with the play area including play facilities and barbecue are~ incthdihg barb~coe'fac'itit}es-by tS~ date final occupancy certificates are sought for the Subject Property, the density bonus qra~ited herein shall be void and of rio further force and affect. SEG~ION FIVE: Pursuant to the provis}ons of Section 16.407 of Ch~ter 16 of the Municipal Code of the Village of Mount Prospect (t~ "Development Code"), the President and Board of Trustees of l~he Village of Mount Prospect hereby require Petitioners to make a cash contribution to the River Trails Park District in thai amount of $28,500 in lieu of the dedication of land for a pa~ site. Such amount shall be payable as follows: Four HuK~red and Seventy-Five Dollars shall be paid to the River Trails Park District for each dwelling unit to be located on the Su~bect Proper~y on or before the time a temporary occupancy cert~f.i- ca-Se is sought for each such dwelling unit or if a temporary occupancy ce~tmf~cate is not sought, each time a final occuoancy certificate foci each such dwelling unmt is sought. No such certificate shall .... be !Sssued unless and until proof of oayment of the reouired amount sha[l be presented to the Vmllage. The Presmdent and Board of rus==es find that such a contribution is necessary to insure th~, proper provls~on of park facilities for persons expected to re.~de within the planned residential development to be located on"[~he subject Property. SECTION SIX: The special use permit for the planned development t~be located on the Subqect~ Property shall be subject to re~ocation if Detitioners fail to satisfy any of the conditions on~,lt$ grant. SECTION SEVEN: The provisions of this Ordinance shall,be binding uo~h"and~ ... inure..to. .... the benefit"of, the h~irs,_ successors and as~gnsu~of the Petitioners and as evidence thereof shall be ~%~%dT~sWi~lth%vC~OksC~Unt~cR~%rder of Deeds or Registrar SECTION EIGHT: This Ordinance shall be in full force and e~ect from and after its passage, aoproval and publication tp_ilthe manner provided by law. Pa~sed this 1st day ~f July 1980. AYES: Farley, Floros, Miller, ~Murauskis, Richardson, Wattenberg NA~S: None ABSENT: None Approved this 1st A t t%s~ V~illage-'Clerk' I .' -3- day of J~uly , 1980. Approved: ~~ ~regident