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Home My WebLink AboutORDINANCE - 2872 - 1/8/2002 - REZONE & VARIATION/PATRICK FLAYERSORDINANCE NO. 2872 AN ORDINANCE REZONING AND GRANTING A VARIATION FROM THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF MERGE ROAD, EAST OF PLUM GROVE ROAD (PATRICK FLAYERS BUILDERS, INC.) WHEREAS, the Plan Commission of the Village of Elk Grove Village, at a public hearing, duly called and held according to law considered the question of rezoning certain property located on the north side of Nerge Road, east of Plum Grove Road from A-2 Residential to the R-3 Residential subject to various conditions and agreements as well as the granting of variations of the Zoning Ordinance and the Subdivision Control Ordinance of the Village; and WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village, after having considered the recommendation and finding of said Plan Commission, find and believe that it is in the best interest of the Village to rezone said property from the A-2 Multi Family Residential District to the R-3 Single Family Residential District and grant variations with respect to the development thereof, provided the property is developed in accordance with certain terms and conditions hereinafter set forth. 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 l: That the property legally described as Lot 2 of Manor Care II being a subdivision of part of the northeast quarter of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian in Cook County, Illinois, be and the same is hereby rezoned from the A-2 Multi Family Residential District to R-3 Single Family Residential District and the official zoning map of the Village is hereby amended accordingly. 01 Section 2: That the rezoning is subject to the following conditions: A. Prior to the issuance of any building permit, a finalized landscaping plan must be approved by the Plan Commission. B. All trees required to be planted according to the finalized landscaping plan must have a two (2) year warranty commencing at the time of the completion of the acceptance of all subdivision improvements by the Village. Any replacement trees must be a minimum of three (3) inches in diameter. C. The developer needs to have each prospective owner sign a Letter of Understanding and Information at the time the real estate purchase agreement is executed, which Letter of Understanding and Information shall contain the following matters and be submitted to the Village prior to the issuance of a building permit for said owners lot: 1. An acknowledgement that the purchaser will be buying property adjacent to an existing shopping center located in the Village of Roselle and that they are purchasing property adjacent to an existing assisted living facility. 2. An acknowledgement that there is limited room for snow plowing in the cul-de-sac which may result in snow being plowed on to private driveways. 3. With respect to lots 1-4, each prospective owner must sign an acknowledgement that the fence installed by the builder will be the homeowner's responsibility to maintain. D. The developer must provide an eight (8) foot high board -on- board fence to separate the residential properties from the shopping center to the west. The developer further agrees to place the fence posts on the property lines so that the fence between the posts becomes the property of the respective homeowner. E. A parking arrangement between the ManorCare Health Services, Inc. to the east and the subdivision must be executed prior to the issuance of any building permits. The Parking Agreement shall be in a form as set forth on Exhibit A attached hereto. 2 Section 3: That the following variation of the Zoning Ordinance is hereby granted: a. A variation to increase the maximum allowable encroachment of building projections in the required yards from twelve (12) inches to twenty- four (24) inches. Section 4: That following this rezoning, the Special Use Permit previously granted to the adjoining property owned by ManorCare Health Services, Inc. shall remain in full force and effect and not be adversely impacted by the adoption of this ordinance or by the parking agreement and arrangements provided for on Exhibit A attached hereto. Section 5: That should the Director of Engineering and Community Development require that the public storm sewer system designed to serve the proposed development be connected to the existing storm water system located upon and within the adjacent ManorCare Health Services, Inc., the Developer will obtain, in recordable form, all necessary permission and perpetual easements required for same from the ManorCare Health Services, Inc. Said permission and perpetual easements to run to the Village as a successor in interest. Section 6: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 8th day of January 2002 APPROVED this 8th day of January 2002. APPROVED: Craig B. Johnson, Mayor ATTEST: Ann I. Walsh, Village Clerk By: Margit C. Thompson, Deputy Village Clerk OrdPatrickKayers Bld.doc 3 V- iN 73(.3 ClIbO� tMACC SUUic 30" R,, Wllt. N t 20855 (2i )) 45.745 J (290) 457-S5tJ1 Ian 15,2002 George Knickerbocker, Esq. Village Attorney Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 EXHIBIT A HCR•ManorCam RE: Sales Agreement between ManorCare Health Services, Inc., and Patrick Brushaber and Paul Ayers for land in Elk Grove, Illinois Dear Mr. Knickerbocker: In connection with ManorCare's proposed sale of land to Messrs. Brushaber and Ayers for the development of ten residential single family homes ("Residential Development"). q I understand that Elk Grove Village is concerned about the adequacy of parking associated with the Residential Development in the event of an unusually large social gathering. As you know, the Residential Development is to be carved out of ManorCare's existing site which is improved with a skillcd nursing facility and an 'i. assisted living facility ("Retained Property"). ManorCare is agreeable to granting a license permitting the guests and invitees of the Residential Development to part in up to a maximum of ten (10) of the parking spaces at the Retained Property in the event that there is insufficient parking at the Residential Development because of an unusually large social gathering under the following conditions: 1� 20/zo'd Only non-commercial vehicles owned by the guests and invitees of owner's of the Residential Development are permitted to park. An owner in the Residential Development must notify ManorCare in writing at least five (5) business days prior to the date the space is needed and provide ManorCare in the notice with the time, datc, number of vehicles, duration of use of the spaces, and an accompanying statement that unless ManorCare notifies the Owner otherwise within the five (5) business day period, the Owner's need will be accommodated. If ManorCare cannot accommodate the needs of the Owner, ManorCare shall notify the Owner within the five (5) business day period. £T:TI Z0, 91 uEf TT£8-£Sb-0Vz:xej • All requests are to be sent to the Administrator, ManorCare, 1920 Norge Road, Elk Grove Village, IL 60007 and Executive Director, ManorCare, 1940 Norge Road, Elk Grove Village, IL 60007. • Unless space is unavailable, ManorCare will designate which spaces are to be used. The designation may be changed from time to time. ManorCare may prescribe additional rules and regulations associated with the use of the parking spaces. This license is granted with the understanding that allowing such parking on the ManorCare retained property will not adversely effect its Special Use Permit for its retained property now cause a zoning violation under the Village Zoning Ordinance with respect to the number of parking spaces previously approved by the Village for the Special Use Permit heretofore granted to ManorCare. Sincerely, MANORCARE HEALTH SERVICES, INC. 8 / ':David B. Canning Vice President of Development 20/20 'd £T: TT Z0, 9T UPC TT£8-£Sb-0bZ:xej