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HomeMy WebLinkAboutOrd 5099 04/04/2000 ORDINANCE NO. 5099 AN ORDINANCE GRANTING EXCEPTIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY GENERALLY LOCATED AT 301 SOUTH I-OKA AVENUE Passed and approved by the President and Board of Trustees the 4th day of April, 2000 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of April, 2000 VWL/ 3/30/00 ORDINANCE NO. 5099 AN ORDINANCE GRANTING EXCEPTIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY GENERALLY LOCATED AT 301 SOUTH I-OKA AVENUE WHEREAS, St. Raymond's Parish (hereinafter referred to as the Petitioner) is the owner of the property generally located at 301 S. I-Oka Avenue (hereinafter referred to as Subject Property) and legally described as follows: Part of the Southeast Quarter of the Northeast Quarter of Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois and WHEREAS, the Petitioner has requested an exception to the requirements of the Development Code, Section 16.405.F.1, for storm water detention for a building addition to the Subject Property; and WHEREAS, the Plan Commission of the Village of Mount Prospect did consider the request for an exception from Section 16.405.F.1 of Chapter 16 (Development Code) for the Subject Property at their regular meeting on March 15, 2000, said request being the subject of PC 01-00 and by a unanimous vote recommended to the President and Board of Trustees of the Village to grant the exception from Chapter 16 as requested; and WHEREAS, at same meeting, the Plan Commission of the Village of Mount Prospect, by a unanimous vote, recommended to the President and Board of Trustees of the Village, the recording of a covenant requiring the construction and installation of street lighting, as required by Village Code at such time as Village staff deems it necessary; and WHEREAS, the Plan Commission has forwarded their recommendation being the subject of PC 01-00 to the President and Board of Trustees of the Village of Mount Prospect. 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 incorporate herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. age 2 of 2 St. Raymond SECTION TWO: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant to the Subject Property an exception from Section 16.405.F.1 of Chapter 16 (Development Code) of the Village Code of Mount Prospect for storm water detention for a specific portion of the Subject Property, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A," and that a covenant requiring the future construction and installation of street lighting shall be recorded. SECTION THREE: Except for the modifications granted herein, all other requirements of said Development Code shall apply to the Subject Property. SECTION FOUR: 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: Corcoran, Hoefert, Prikkel, Skowron, Wilks NAYS: None ABSENT: Lohrstorfer PASSED and APPROVED this 4th day of April ,2000. Gerald L. Farle~ // Village President ATTEST: , Velm/a W. Lowe Village Clerk H:\C E N\files\WlN\O RDINA NC\D EV CODE, St Ray, Mar 2000,doc 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 AT 301 SOUTH I-OKA AVENUE WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village Code of Mount Prospect, Illinois certain public improvements 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 in the vicinity of the property so as to render the accomplishment of such public improvements by the owner-developer to be practically or economically unfeasible until the project can be combined with, or scheduled, so as to conform with 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 require the owner-developer to establish a cash escrow, letter of credit or improvement bond for the purpose of guaranteeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplishment of other public improvement 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. WHEREAS, the Village finds that it is in the best interests of the Village to accept a covenant to construct streetlights in the future. Page 2/2 St. Raymond Covenant NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Undersigned Owner does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner of the following described property within the Village of Mount Prospect, Illinois to wit: Part of the Southeast Quarter of the Northeast Quarter of Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, 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 part of the plans, to wit: The payment for the installation of streetlights around the perimeter of the Subject Property installed and constructed according to Village Code. 3. For a period of twenty (20) years commencing from the date of this Restrictive Covenant, the Undersigned shall undertake the above-stated improvements within sixty (60) days after being advised by the Village of Mount Prospect to commence such construction and installation work. The work shall continue without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village, County, and State plans and specifications. 4. This Covenant to complete public improvements shall run with the Subject Property for twenty (20) years. Nothing in the Covenant shall in any way prevent the alienation or sale of all or a portion of the Subject Property, except that the sale shall be subject to the provisions of this Restrictive Covenant and to the plan of development pertaining to the property. The new owner shall be both benefited and bound by the conditions and restrictions herein expressed of this Restrictive Covenant. 5. This Covenant shall be binding upon and shall inure to the benefit of the parties and their successors and assigns in title and interest. The provisions shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate it 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 Page 3/3 St. Raymond Covenant 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, 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 WITNESS WHEREOF, the parties hereto have set their hands and seals this 0~~'''' day of ~ ,2000. OWNER OWNER GERALD L. F/C~LEY, VILLAGE PR~IDENT ATTEST: / Real Estate Index No. 08-11-219-001 08-11-219-010 08-11-219-002 08-11-219-011 08-11-219-003 08-11-219-016 08-11-219-004 08-11-219-017 08-11-219-009 08-11-219-018