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Home My WebLink AboutORDINANCE - 2916 - 11/19/2002 - ANNEX & REZONE/SPECIAL USE PERMITORDINANCE NO. 2916 AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE; GRANTING A SPECIAL USE PERMIT FOR A PORTION OF SAID PARCEL; AND GRANTING VARIATIONS FROM THE ZONING ORDINANCE PERTAINING TO BUILDING SETBACK REQUIREMENTS (DEVON AVENUE AND RIDGE AVENUE) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by Garden 6 Joint Venture, said petition seeking annexation to the Village of Elk Grove Village of certain land and territory described hereinafter; and WHEREAS, said land and territory is not within the corporate limits of any municipality but is contiguous to the corporate limits of the Village; and WHEREAS, public hearings have been held before the Plan Commission to consider rezoning of the subject property from R-3 Residential to B-2 Business; the granting of a special use permit for Lot 1 of the property to permit a drive through facility; and the granting of a variation of the required building setback line; and WHEREAS, any Fire Protection District, Library District, Township Road Commissioner, County Clerk or other entity or person entitled to notice prior to the annexation of the territory has been given such notice as is required by law; and WHEREAS, the owner and the Village have entered into a valid and binding Pre -Annexation Agreement ("The Annexation Agreement") with respect to the annexation of the subject property to the Village, which annexation agreement was considered at a public hearing duly called and held according to law, and which annexation agreement was approved by the Mayor and Board of Trustees of the Village pursuant to Resolution No.59-02 duly passed and approved this 19th day of November, 2002 and by this reference is incorporated herein; and WHEREAS, the Mayor and Board of Trustees of the Village find and believe it to be in the best interest of the Village that the territory be annexed thereto according to the conditions and provisions of Annexation Agreement. NOW, THEREFORE BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the land and territory legally described in Exhibit A 7ttached hereto and by this reference incorporated herein, which land and territory is contiguous to the Village of 1 Elk Grove Village and not within the limits of any other municipality, be and the same is hereby annexed to the Village of Elk Grove Village, so that said territory shall be included within the boundary limits of said Village as is by law in such case made and provided. Section 2: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, the Village does hereby rezone the subject property to the B-2 Business District. Section 3: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, the Village hereby grants a special use permit for Lot 1 of the subject property in order to operate a drive through lane for the restaurant to be located on said Lot 1. Section 4: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, acting as a Zoning Commission, the Village does hereby grant a variation of Section 7-1 of the Village's Zoning Ordinance which requires a 75 foot setback for business zoned property which abuts residential zoned property to permit a 53 foot setback from the property to the west of the subject property and a 29 foot setback from the ComEd easement to the north of the subject property. Section 5: That this annexation is in conjunction with and subject to the terms and conditions set forth in the Annexation Agreement heretofore incorporated by reference into this ordinance. Section 6: That the site plan prepared by Marchris Engineering, Ltd., dated February 4, 2002, as revised February 15, 2002, attached to the Annexation Agreement as Exhibit A is hereby approved. Section 7: That the sub -division plat prepared by Duda Surveying, dated April 25, 2002, attached to the Annexation Agreement as Exhibit C is hereby approved. Section 8: That the Village Clerk is directed to record a certified copy of this ordinance, together with a plat of annexation as said territory with the Recorder of Deeds of Cook County, Illinois. Section 9: That the Village Clerk is authorized to amend the official map of the Village so that said map conforms to the provisions of this ordinance. Section 10: That the Village Clerk is authorized to publish this ordinance in pamphlet form. 4 Section 11: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 19th day of November 2002. APPROVED this 19th day of November 2002. APPROVED: Craig B. Johnson, Mayor ATTEST: Ann 2. Walsh Village Clerk PUBLISHED this 22nd day of November 2002 in pamphlet form. OrddevonridgeAnnexRezone.doc C EXHIBIT A LEGAL DESCRIPTION Lots 13 and 14 (except the north 210 feet thereof) in William Lumpp's Devon Avenue Farms, being a subdivision in the south "-� of Section 33, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois 4 f/AI n4%i >D.AT, C'•I;O aLhyC A ra*n IP 1L E T O1F, P�GCADP-Vete per:>musT d^ �aiL}o838g FINN1EXETIION TO ]ELK EIROV E VRL Lff3L]E LOOK EDUN II' Y, RL LMORS BY ORDINANCE NO. 22L,( PASSED a Ar`u 2002 AS A/LANDN INNWILL TMLWPP*S DEVON VENUE FARMS. AS A T sw IN WILLIAM L SWI DEVON AVENUE FARMS, TiMPAMIMA S1 MORM R NG RE EAST HALF THIRD SECTION 33 MERIDIAN, , KCNM IAIAE 1I EAST A THE FARO RECORDED SEPTEMBER ACCOIIOIMB ID THE PLAT THEREOF RECORDED36473. SEPTEMBER 26. IBAA AS DOCUMENT NUMBER YING MT OF AND MITE RpTO M HI OF DEVON LYING LYING SOUTH OF MD MY TO ENTSAID TO ACT HIM C OK AND LYING EAST lF AM ILLIWINi TO AAfO TACT, IN COON AM W PAGE COLNTIf$ ILLIMIS N.L.N. 06 -33 -Mol -Y61 06-1"01 _ OZI STATE OF ILL ISIS I 15.5, COUNTY OF OU PAC£ I L FRANK J. DMA. JR.. A PROFESSIONAL ILLINOIS LAM SINYEYON, AT HEREBY CERTIFY THAT.I NAME SMVEYEU THE PROPERTY DESCRIBED HEREON AND THAT THE PLAT MANN HEAIDN IS A CM9ECT AE PKgNTATION BY SAID SSHEY. ALL DIMEMStOW ARE SEMEN IN FEET AND DECIMAL PARTS THEREOF AND ARE CORRECTED TO A TEMPERATURE OF 52 DE69EES FAAENEIT. DATED AT CAROL STREAM. ILLINOIS, THIS 3 R0. DAY BY F E B R U A R Y A. D 2 0 0 1. ILLINOIS AO`£SSrpILL LAMPI M. 212E `;• �,]. REV/st•D MAy B, 200/.ool. STATE OF ILLINOIS I )S.S. COLNtt OF COOK ) APMOVED AND ACCEPTED BY THE MAYOR; ANO BOARD OF TRUSTESS OF THE VZLLABE OF ELK GROVE YIL{ARE COOK COUNTY. ..ILLINOIS. DATED THIS J[QN dAY LF -S � A,D. ZOOK. Br� H HAV3A SEBL Vb� T. yMsaf/_GI�L_ VILLAGE CIZK / BY dd N< J. ARIS A,N FRA. PAFE55ILILLINOIS OMA LAGES LAM SURVEYOR 327 923 L ILLINOIS IS W CAROL 55,000 DFAX IS 60IB5-11 /630) 660-0X01 FAX SOM Bfi5-3395 .. O40ER W. 180)8 I" Ju Al M,M-.11 A I(yM1EP M iW�MM 'Ge Rw� I YISi[ 0000"AL IN EOISQV CaVAMY R.O.M. 8 VT LINITA ELK 6YoW YILLIMTIA QdX COV.IYTI: 0 W ELK RAI G AVEAW 0 a AREA SUMMARY AREA /M T.VAT PART OFIOTs: L B738 ACRES AREA MROADS:1883R TOTAL ARCA , 3.1086 ACTFS