The URL can be used to link to this page

Home My WebLink AboutORDINANCE - 2372 - 6/14/1994 - ANNEXING LEXINGTON HOMES INTO VILLAGENO. 2372 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. 32-94 , duly passed and approved on thel4th day of June , 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- -2- 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 6.87 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 -1-1A6 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 48.58; 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. MEIN 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 14th day of June , 1994. APPROVED this 14th day of June , 1994. VOTE: AYES: Ronald L. Chernick, Nancy J. Czarnik, Craig B. Johnson, James P. Petri, Paul A. Rettberg, Michael A. Tosto NAYS: None ABSENT: None 0=10MM-0 Dennis J. Gallitano VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK By: Ann I. Head PUBLISHED this 17th Vdala�fClerk 1994 17th Y .Tune , , in pamphlet form. -5- EXHIBIT "A" LEGAL DESCRIPTI PARCEL 1: .gyp THE NEST 80 ACRES or lWACREs oF.-THE NORTH 262 ACRES OF SECTi&01;�.TOIRgNIF III kitTn,;"RANGE 11 EAST OF. THE THIRD PRINCIPAL REmIDIA>1-(TAKEN AS i Tlklil.EXCEPTING FROM SAID TRACT, TNE`,Nmm295.75 FEET Grim WEGT.295:1Bhui ALSO EXCEPTING FIHIH'tAW-TK CT,.THAT PART: (IF`ANf).TING- WEST OF THE EAST'LINE AM L41916 -NORTH -OF THE SOUTH'LINE (AND ITS WESTERLY EXTENSION)' OF; thT443 LAID OVlAIL 80LA[R'S . ' SUBDIVISION OF THAT PART OF THE NORTH 29S.165 -FEET OF THE WEST 295.165 FEETLOF THE -WEST 80 -ACRES OF,THE.SOUTH 160 ACRES OF THE NORTH 262 ACRES_"OF :SECTION 31, lowisNlP 41 NORTH, RANGE Ila: V lST Oi�THE•`THIRQ, PRINCI0rAL`',NERMtAN t(8MVTING THEREFROM THAT 'PART.,TiKZl 1FlRI1164141 FGRFOSESY SAID SuBDIvIStON REINS Recc*66PBEcEABER 6, 1978 As'DoaMENT No. 24 752 434r ALS* EXCEPTLNL. FROM 9416 TRAcTi THAT,:PART .BOUNDED AND DESCRIBED AS FOLLONSY-hmIHNIMG"ArTmE-SQUTHEAST CORNER OF SAID WEST•80 ACRES OF THE SOUTH 1W ACRES -OF THE NORTH 262 ACRESI.THENCE NORTH ALONG -THE EAST. UK OF -SAID WEST 80 ACRES, TO THE CENTER LINE OF BIESTERFIELD ROADJ'THENCE WCST ALONG • SAM.,CEMER , LINE AF_BIESTERF IELD .A= .A. D ISTANCE ,OF 1447.90 FEET TO A.POIM.ON THE EAST LINE OF THE AFORESAID WEST 295,165 FEETJ THENCE SOUTH ALCNG THE EAST LINE OF SAID WEST 295,165 FEET A DISTANCE OF.100 FEET TO A PO1NTI THENCE SOUTHEASTERLY ALONG A STRAIGHT-LINE A DISTANCE OF 305 FEET TO A POINT NORMALLY DISTANT 155 FEET SOUTH OF SAID CENTER LINE OF BIESTERFIELD ROADS THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 201.56 FEET TO A POINT NORMALLY DISTANT 180 FEET SOUTH OF SAID CENTER LINE OF BIESTERFIELD ROAD) THENCE SOUTHEASTERLY ALONG A STRAIGHT LIKE A DISTANCE OF 300.17 FEET TO A POINT NORMALLY DISTANT 190 FEET SOUTH OF SAID CENTER LINE OF BIESTERFIELD ROAD) THENCE EAST, PARALLEL WITH SAID CENTER LINE OF BIESTERFIELD-ROAD A DISTANCE OF 14.40 FEET TO A POINTJ THENCE SOUTH 13 DEGREES 25 MINUTES 30 SECONDS EAST,A DISTANCE OF 1850.29 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH 262 ACRESJ THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH 262 ACRES TO THE POINT OF BEGINHINGJ ALSO EXCEPTING FROM SAID TRACT, THAT PART (IF ANY) LYING SOUTH OF THE NORTH LINE OF THE STRIP OF LAND DESCRIBED IN EXHIBIT 'A' OF CIRCUIT COURT CASE NO. 76L 13492 (THE NORTH LINE OF SAID STRIP OF LAND BEING ALSO THE NORTH LINE, AND ITS WETERLY EXTENSION, OF ROHLWING GROVE UNIT N0. 5 BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE U, EAST OF THE THIRD PRINCIPAL MERIDIAN); IN COOK COUNTY, ILLINOIS. f -- EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2: THAT PART OF SECTION 31, TOwISHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE NORTH 262 - ACRES.OF SAID SECTION, LYING NORTH OF THE NORTH LINE OF THE' STRIP OF, LAND DESCRIBED IN EXHIBIT 'Ae CF CIRCUIT COURT CASE Y N0. 76L 13492 (THE 0RTH LINE OF SAID STRIP OF LAND BEING ALSO -THE NORTH LINE, AND ITS WESTERLY EXTENSION, OF ROHLWING GROVE UNIT NO. S BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL ItRIDIAN); AND LYING WESTERLY OF THE WEST LINE OF F.A.I. ROUTE 90 ESTABLISHED SUBSEQUENT TO ORDER RECORDED APRIL 15, 1968 AS DOCUMENT N0. 20 458 052, 'IN COOK COUNTY, ILLINOIS. Xt own as SE colwac Ruhi.Eu3 6 Hit:tetllela Roaas, Eik fuovt TownshtP, Coot (.wnty, lw4 ls. Sb.kr Int Rnnluy, Dn.wcsch 1: Si n sen I.ht off= mly i suwve. ..o 4-109624 Stake owic Ku. �,I MAP �-1 P.I.H. 08-3I-101-002 OB -]I-]00-001 .. OF ANNEXAT. JN PLS. ; . � ....... BASIS OF BEARINGS _..._, .��.......G T °0111°54'33 r' _LEGEND COOK TOTAL ARE1 MEREIT <MHE%EU ' F XISTING—t„I'll SOF ELK GROVE V/L AGE NAA.AS S4 -Ru I 'li i ... GING". E GcuY NIG' rr w'xe aar Gr�u o•R'Ia•r eew scu vNNLP��PrG,E 10� GR�NtS SHOWN N�REON.. N0IMPROVEME YAuuxN 2 LOt Z J GPO4f e. �Ot WIHG ¢ EXISTING LIMITS OF ELK GROVE V Iwaw. 1 �awa.Ni v.1. .,.h�Es.Fx^� td 1 Y R = I E v � IS 9 �I O T � Y ! r x m e � o r w Iwaw. 1 �awa.Ni v.1. .,.h�Es.Fx^� td