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HomeMy WebLinkAboutORDINANCE - 2877 - 2/26/2002 - ANNEXING (ABMC/MARTHA/LINCOLN/BIESTERFIELD)ORDINANCE No. 2877 AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELIC GROVE VILLAGE AND GRANTING A SPECIAL USE PERMIT AND VARIATIONS FROM THE ZONING ORDINANCE (ABMC/Martha/Lincoln/Biesterfield) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by Alexian Brothers Medical Center (Owner), said petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described hereinafter and WHEREAS, the 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-4 Residential to 0-T Office Transition District on Lot 1 of the proposed Alexian Brothers Southwest Plat of Subdivision herein after referred to as Lot 1, and to A-2, Multiple Family Residence District on Lot 2 of the proposed Alexian Brothers Southwest Plat of Subdivision hereinafter referred to as Lot 2, and for consideration of the issuance of a Special Use Permit to permit the operation of a Congregate Senior Housing Facility; 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 I 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. 16-02 duly passed and approved this 26th day of February 2002 and by this reference is incorporated herein; and WHEREAS, The Plan Commission of the Village of Elk Grove Village has held a public hearing to consider the question of issuing a Special Use Permit for the operation of a Congregate Senior Housing Facility and to consider a variation of certain height restrictions of the Zoning Ordinance of the Village; 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 said Pre -Annexation Agreement; and 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", attached hereto and by this reference incorporated herein, which land and territory is contiguous to the Village of 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 PJ 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 from Cook County R-9, Single Family Residence District to 0-T Office Transition District on Lot 1 and to A-2, Multiple Family Residence District on Lot 2. 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 the subject property to permit the operation of a congregate Senior Housing Facility in accordance with Section 7A-3:C2c of the Zoning Ordinance of the Village, allowing a Special Use. Section 4: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, the Village does hereby grant the following variations for the development: A. Lot 2 is hereby granted a variance from Section 7A- 3(C)(2)(b)(2)(A)(i) of the Village's Zoning Ordinance to allow buildings to exceed two (2) stories and to allow a building in height, exclusive of antennae, of fifty feet (50') and a cupola of fifty-eight feet (58') B. Notwithstanding the requirements in Section 7-1 of the Village's Zoning Ordinance or any other applicable laws, ordinances or other rules, any and all buildings located on Lot 1 shall be set back no less than twenty feet (201) from Lot 2, not the seventy-five feet (75') or other distance which would otherwise be required. 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. 3 Section 6: That the Village Clerk is directed to record a certified copy of this Ordinance, together with a Plat of Annexation of said territory with the Recorder of Deeds of Cook County, Illinois. Section 7: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 26th day of February 2002. APPROVED this 26th day of February 2002. VOTE: AYES: Trustees J. Petri, C. Prochno, N. Czarnik, B. Dill, P. Feichter, S. Lissner NAYS: None ABSENT: None ATTEST: Ann I. Walsh Village Clerk APPROVED: Craig B. Johnson, Mayor Published this 28th day of February 2002 in Pamphlet Form. G/ordAlexianAnnexation.doc El ExilluiT A LEGAL UE$*PTION: LOTS 5-THROUGH 12 BOTH. INCLUSIVE, IN ITASCA ME pOW.FA MS, A SIJDbIVISION, OF PART OF THE EAST HALF OF FRACTIONAL SECTION 31, TOWNSHIP 41 NORTII, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,. 'ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1940 AS DOCUMENT NO. 14355084, IN COOK COUNTY, ILLINOIS. EXCEPT-THEREFROM THAT PART OF THE AFORESAID LOTS 5, 6, 7 AND 8 DESCRIBED AS FOLLOWS% THAT PART OF LOTS 5, 6, 7-AND I1, AFORESAID, BEGINNING AT-.THE NORTHWEST CORNER. OF SAID LOT 51 THENCE ON AN ASSUMED BEARINO OF SOUTH 89'39'53" EAST, ALONG THE NORTH LINES OF SAID LOTS 5 6, 7 AND 8 A DISTANCE OF 502.93 FEET TO THE NOkTHEAST CORNESt OF SAID-10T.81.711ENCE SOUTH 01.54102" EAST, ALONG THE EAST LINE OF.SAID LOT 8, A DISTANCE OF 60:05 FEETi THENCE SOUTH 89'57' 17" WEST, A DISTANCE :OF 504.83 FEET TO THE WEST LINE OF SAID LOT 5i TIOENCE NORTH 00.02'5.6" WEST, ALONG THE ST RE OF AID LOT 5; A DISTANCE OF 63.36 FEET TO POINT OF BEGINNING (AS DEDICATED OR USED FOR PUBLIC HIGHWAY PURPOSES). ALSO 'THOSE PORTIONS OF THE RIGHTS OF WAY OF MARTHA STREET AND LINCOLN STREET NOT INCLUDED IN, BUT ADJOINING, THE ABOVE DESCRIBED PROPERTY AND LYING WESTERLY OF. THE SOUTHERLY EXTENSION OF THE EAST LINE OF AFORESAID LOT 12 AND LYING SOUTHERLY OF THE WESTERLY EXTENSION OF A LINE DRAWN FROM A POINT ON THE EAST LINE OF•-AFORESAID LOT 8 THAT IS GO.05 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 8 TO A POINT ON THE WEST LINE OF -SAID LOT 5 THAT IS 63.36 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 5, IN COOK. COUNTY. (4.1" 90. 44 ,,,-4, FSC x) .i ,. IL.r sem, PLAT Of ANNEXATION TO WE MAGE OF RK GROVE VILIAGE p WESTERFIELD ROAD STENTED ON T - - - " PIN ' 9-3I-202-016 SEA wnuwwmne Iu• l I 001 \ -OF, W � L -.0(16 016 - Ali I I ou d -LI, - -LINCOLN STREET - I -OOI OOP OO] OO. 9w� AS AND::,.bIII NEENTESNE, .CIwl7ooeLO" ,.Kors A. " .: ,e. , S1 ALL OF — 93 FEET TO THE Lilt I HEAST I:19 t OF `i OF THAI IF ,..,.ILI' DO ,. ,ol�..,o o. 1. H.,o ." PATm . IN AINALTI .1 HELLE011 IN .1 �b.l„b,�,..�.,..�.. P1' 11S#a .Oat III HEITELLAND 0 A FLAT ON I� MIT IT* OF SAID LOT 5 SED VE 1ILLASE OF IAJ� !3 3k FEET AFFIN 0' THE SEENIHANAT C�fl `� € 5 ' `a M°A` a c :b$(E � -S PEA."FEMAHE IF DENHEA. A. AN' ' �� a;,, ,.,. ,.FLET,. o,.,b, : e �. ...b...,NO 6 , n t . CKRItTOPRER pKE EHCINEE9]N6. LTD. PLAT OF ANNEXATION 9515 Met HIMIns REMs. Sults 600 IH 90Mm9nt. 1113m1s 60016 ELK GROVE VILLAGE. ILLINOIS ^' omuslo IBHTI B2]-0500 PG1^•%' ELF CROW OVE VILLLLAGE b,4