HomeMy WebLinkAboutORDINANCE - 2696 - 5/11/1999 - REZONE/SPECIAL USE/VARIATIONSORDINANCE NO. 2696
AN ORDINANCE REZONING CERTAIN PROPERTIES
AND GRANTING A SPECIAL USE AND CERTAIN VARIATIONS
WHEREAS, Chicago Trust Company, as Trustee under Trust Agreement dated March 23,
1964 and known as Trust No. 46684 ("Trustee") is the owner of the property legally described in
Exhibit A attached hereto and made a part hereof (the "Dixon Commercial Outlot") and of the
property legally described in Exhibit B attached hereto and made a part hereof (the "Dixon
Residential Parcel")(the Dixon Commercial Outlot and the Dixon Residential Parcel are referred to
collectively as the "Dixon Property"); and
WHEREAS, DRH Cambridge Homes, Inc., a California corporation ("Developer") is the
contract purchaser of the Dixon Property; and
WHEREAS, the Dixon Property has been annexed to the Village of Elk Grove Village,
Counties of Cook and Du Page, State of Illinois (the "Village") pursuant to Ordinance No. 269
WHEREAS, pursuant to Section 6-4 of the Village's Zoning Ordinance, the Dixon Property
was automatically classified in the R -I Single -Family Residence District upon annexation into the
Village; and
WHEREAS, Trustee and Developer petitioned the Village for reclassification of the Dixon
Property upon annexation to the R-3 Single -Family Residence District and the B-2 General Business
district, approval of a special use, and certain zoning ordinance and subdivision ordinance variations
(the "Dixon Petition"); and
3042265.4
WHEREAS, Thomas R. Schreiner, Thomas R. Schreiner IRA Rollover and First American
Bank, as Trustee under Trust Agreement dated December 28, 1992 and known as Trust No. 1-92-05
(collectively the "Schreiner Property Owners"), are the owners of the property legally described in
Exhibit C attached hereto and made a part hereof (the "Schreiner Commercial Outlot") and of the
property legally described in Exhibit D attached hereto and made a part hereof (the "Schreiner
Residential Parcel")((the Schreiner Commercial Outlot and the Schreiner Residential Parcel are
referred to collectively as the "Schreiner Property"; the Dixon Commercial Outlot and the Schreiner
Commercial Outlot are referred to collectively as the "Commercial Properties"; and the Dixon
Residential Parcel and the Schreiner Residential Parcel are referred to collectively as the "Residential
Development Property"); and
WHEREAS, the Scheiner Property is currently situated in the Village of Elk Grove Village
and zoned in the O -T Office/Transitional District under the Village's Zoning Ordinance;
WHEREAS Developer is the contract purchaser of the Schreiner Residential Parcel; and
WHEREAS the Schreiner Property Owners and Developer petitioned the Village for
reclassification ofthe Schreiner Commercial Outlot to the B-3 Automotive Oriented Business District
and reclassification of the Schreiner Residential Parcel to the R-3 Single -Family Residence District,
approval of a special use, and certain zoning ordinance and subdivision ordinance variations (the
"Schreiner Petition"); and
WHEREAS, pursuant to a public notice published in the Daily Herald, a newspaper of
general circulation within the Village, on February 2, 1999, public notice posted on the street
frontages of the Dixon Property and the Schreiner Property, and notices sent to owners of properties
within three hundred (300) feet of the Dixon Property and the Schreiner Property as required by the
3042265.4 2
Village's Zoning Ordinance, the Plan Commission of the Village held a public hearing on February
17, 1999 with regard to said Dixon Petition and Schreiner Petition and rendered its findings of fact
and recommendations to the Board of Trustees of the Village recommending approval of the
petitioners' requests.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND
DUPAGE, ILLINOIS AS FOLLOWS:
1. Map Amendment Adding Annexed Territory: That the official zoning map of the
Village, as adopted pursuant to Section 6-2 of the Zoning Ordinance (the "Zoning Map"), be and the
same is hereby amended by including the Dixon Property.
2. Map Amendment Reclassifying the Residential Development Property: That the
Zoning Map be and the same is hereby amended by reclassifying the Dixon Residential Parcel from
the R-1 Single -Family Residence District to the R-3 Single -Family Residence District and by
reclassifying the Schreiner Residential Parcel from the O -T Office/Transitional District to the R-3
Single -Family Residence District.
3. Map Amendment Reclassifying the Commercial Properties: ThattheZoning Map
be and the same is hereby amended by reclassifying the Dixon Commercial Outlot from the R-1
Single -Family Residence District to the B-2 General Business District, and by reclassifying the
Schreiner Commercial Outlot from the O -T Office/Transitional District to the B-3 Automotive
Oriented Business District.
4. Special Use: That a special use pursuant to Section 7A -1-E-2 of the Zoning
Ordinance be the same is hereby granted for the Residential Development Property to allow
3042265.4 3
development on the Residential Development Property to proceed with certain modifications to the
Village's Zoning Ordinance and the Village's Subdivision Control Ordinance, including a modification
to allow for a minimum lot width of 60 feet for cul-de-sac lots, to be measured at the front building
setback line rather than the front yard line, and a modification to reduce minimum street rights-of-way
width from 60 feet to 50 feet.
5. Variations: That, pursuant to Section 8-2-D of the Zoning Ordinance, the following
variations from the Village's Zoning Ordinance and Subdivision Ordinance be and the same are hereby
granted for the benefit of the Residential Development Property:
(i) to increase the maximum permitted floor area ratio for dwelling units
constructed on lots from 0.40 to 0.45;
(ii) to increase the maximum allowable encroachment of building projections
(including, without limitation, eaves, bays, fireplaces and balconies) into required
yards for dwelling units constructed on lots from 12 inches to two feet;
(iii) to allow the location of a retaining wall in a public utility easement;
(iv) on lots improved with dwelling units containing three -car garages, to increase
the maximum permitted driveway width from 20 feet to 30 feet at the front property
line with curb cuts including tapers of up to 36 feet; and
(v) to allow for a 39 foot wide pavement cross-section to be constructed within
a 60 foot wide right-of-way at the entrance to the Residential Development Property
on Biesterfield Road.
3042265.4 4
6. Approval of Development Plans. The Village hereby approves the following
preliminary plans which are on file with the Village Clerk:
(i) Preliminary Plat of Subdivision prepared by JEN Land Design, Inc. and last
revised on January 19, 1999.
(ii) Preliminary Landscape Plan (Residential Development Property) prepared by
JEN Land Design, Inc. and last revised on January 19, 1999.
(iii) Preliminary Engineering Plan (Residential Development Property) prepared
by Cowhey Gudmundson Leder, Ltd. and last revised on January 20, 1999.
(iv) Berm/Landscaping Plan - Lot 58, prepared by the Williams Design Group and
dated April 26, 1999.
(v) Commercial Properties Buffer Plan prepared by JEN Land Design, Inc. and
last revised on April 6, 1999.
(vi) Temporary Sales Signage and Entry Monument Location Plan prepared by
JEN Land Design, Inc. and last revised on February 16, 1999.
7. Severability: The invalidity of any section, part, provision, term or phrase of this
Ordinance shall not affect the validity of the remainder hereof.
8. Conflicts: All ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance shall be repealed to the extent of any such conflict or inconsistency.
9. Effective Date: This Ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
3042265.4 5
PASSED AND APPROVED THIS 11tiDAY OFMay, 1999.
VOTE
AYES:
NAYS:
ABSENT:
ABSTAIN:
Craig B. Johnson
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
Published this it flay of 2Lay. 1999 in pamphlet form.
3042265.4
EXHIBIT A
LEGAL DESCRIPTION
DIXON COMMERCIAL OUTLOT
THE WEST 350 FEET (EXCEPT THE WEST 50.00 FEET THEREOF) AS MEASURED ALONG
THE NORTHLINE THEREOF, OF THE SOUTH 444.92 FEET OF THE NORTH 1156.92 FEET
(MEASURED ON THE EAST LINE AND WEST LINE) OF THE NORTH 37.5 ACRES OF THE
WEST 75 ACRES OF THE EAST'/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP
41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS
3042265.4
EXHIBIT B
LEGAL DESCRIPTION
DIXON RESIDENTIAL PARCEL
The eastern 9.174 acres of the real estate legally described as follows:
PARCEL 1:
The South 444.92 feet of the North 1156.92 feet (measured on the east line and west line) of
the North 37.5 acres of the West 75 acres of the east Yz of the northwest 1/4 of Section 36,
Township 41 North, Range 10 east of the third principal meridian, in Cook County, Illinois,
excepting the west 50 feet of the West 489.92 feet (measured along the north line) of the
South 178.0 feet of the North 534.0 feet of the North 37.5 acres of the West 75 acres of the
east '/2 of the northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third
principal meridian, in Cook County, Illinois.
PARCEL 2:
That part of the South 444.92 feet of the North 1,156.92 feet, both as measured along the
west line thereof, of that part of the North 37.50 acres of the east half of the northwest
quarter of Section 36, Township 41 North, Range 10 east of the third principal meridian, lying
west of the east 5 acres of said northwest quarter and lying east of the west 75 acres of the
east half of said northwest quarter, in Cook County, Illinois.
3042265.4
EXHIBIT C
LEGAL DESCRIPTION
SCHREINER COMMERCIAL OUTLOT
The west 300 feet of the south 207.71 feet of Lot 2 in Schreiner's Subdivision of part of the East 1/2
of the Northwest 1/4 of Section 36, Township 41 North, Range 10 East of the Third Principal
Meridian, in Cook County, Illinois;
3042265.4
EXHIBIT D
LEGAL DESCRIPTION
SCHREINER RESIDENTIAL PARCEL
Lot 2 (except the west 300 feet of the south 207.71 feet thereof) in Schreiner's Subdivision of part
of the East '/2 of Northwest 1/4 of Section 36, Township 41 North, Range 10 east of the third
principal meridian, in Cook County, Illinois;
3042265.4