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HomeMy WebLinkAboutORDINANCE - 2365 - 5/10/1994 - ANNEX/LEXINGTON HOMESORDINANCE NO. 2365 AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE (LEXINGTON HOMES) WHEREAS, a written Petition has been filed with the Village Clerk of the Village of Elk Grove Village by the American National Bank and Trust Company as Trustee under Trust Agreement dated July 12, 1984 and known as Trust Number 61580, Cole Taylor Bank as Trustee under Trust Agreement dated January 1, 1994 and known as Trust Number 110733 and Lexington Homes, Inc., an Illinois corporation herein collectively referred to as "Owner", said Petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described hereinafter; and WHEREAS, said land and territory is not within the corporate limits of any municipality but is contiguous to the Village of Elk Grove Village; and WHEREAS, public hearings have been held before the Plan Com- mission to consider rezoning of the subject property from R-3 Re- sidential to A-2 Multiple -Family for consideration of the issuance of a Special Use Permit for a planned unit development; and WHEREAS, any Fire Protection District, Library District, Town- ship Road Commissioner, County Clerk or other entity or person entitled to notice prior to the annexation of the subject property has been given such notice as is required by law; and WHEREAS, the Owner and the Village have entered into a Pre - Annexation Agreement with respect to the annexation of the subject property to the Village, which Annexation Agreement was duly con- sidered at a public meeting, duly called and held according to law and which Agreement was approved by the President and Board of Trustees of the Village pursuant to Resolution No. 24-94 , duly passed and approved on the 10th day of May , 1994; and WHEREAS, the Plan Commission of the Village of Elk Grove Village has held a public hearing to consider the question of is- suing a Special Use Permit for a planned unit development for the subject property and for a Special Use Permit for a water storage tank to be located thereon; and WHEREAS, the President and Board of Trustees find and believe it to be in the best interest of the Village that said land and territory be annexed to the Village according to the conditions and provisions of said Pre -Annexation Agreement. 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: Section 1: That the land and territory, legally described on 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 muni - DOM cipality, 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 recommenda- tion and finding of the Plan Commission of the Village, the Village does hereby rezone the subject property from R-3 Residential to A-2 Multi -Family. Section 3: That pursuant to public hearing and recommenda- tion and finding of the Plan Commission of Village, the Village hereby grants a Special Use Permit for the subject property to permit a planned unit development for the development of three hundred and thirty-six (336) units (184 coachhomes and 152 town - homes) at a density of seven (7) units per gross acre. A Special Use Permit is further granted to permit the construction of a water storage tank at the Southeast corner of the subject property. Section 4: That pursuant to public hearing and recommenda- tion and finding of the Plan Commission of the Village, the Village does hereby grant the following variations for the development: A. No alleyways as required by Section 8 -12B -1-1A2 of the Subdivision Control Ordinance; B. A variation from Section 8-12B-1-1A3(d) of the Sub- division Control Ordinance to reduce the minimum right-of-way from 60 feet to 50 feet for all streets excluding Huntington Drive and Charlela Lane (Hunt- ington Drive and Charlela Lane are the main collector streets for the development. These streets will have a 60 foot right-of-way); -3- C. A variation from Section 8-12B-1-lA6 of the Subdi- vision Control Ordinance to allow a street jog bet- ween Hawthorne Lane and Windham Lane on Charlela Lane with a center line to center line dimension reduction from 125 feet to 100 feet; D. A variation to allow a portion of the public side- walk on Rohlwing Road to be located outside of the right-of-way (this variation would provide for a meandering sidewalk along Rohlwing Road. An ease- ment will be granted to the Village for the mainte- nance of those portions of public sidewalk located outside of the right-of-way); E. A variation from Section 5.34E(1) of the Zoning Ordinance to reduce the Common Open Space from the required 50% to a minimum of 48.5%; F. A variation from Section 5.22 of the Zoning Ordi- nance to include offices and model units as a per- mitted use for this property; and G. To allow under Section 3.94B of the Zoning Ordi- nance seventeen (17) foot paved parking stalls with two (2) feet of overhang. 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 this Village Clerk is directed to record a certified copy of this Ordinance, together with a Plat of Annexa- tion 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. -4- Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication ac- cording to law. PASSED this 10th day of May 1994. APPROVED this 10th day of May 1994. VOTE: AYES: Nancy J. Czarnik, Craig B. Johnson, James P. Petri Paul A. Rettbere, Michael A. Tosto NAYS: ABSENT: Ronald L. Chernick APPROVED: Michael A. Tosto VILLAGE PRESIDENT ATTEST: Pro tem Patricia S. Smith _ VILLAGE CLERK PUBLISHED this 13th day of _ May 1994, in pamphlet form. -5-