HomeMy WebLinkAboutORDINANCE - 2029 - 4/11/1989 - HAMILTON LAKES VILLAGE-TALBOT'S MILLORDINANCE NO. 2029
AN ORDINANCE APPROVING A PRELIMINARY AND FINAL LAND USE
AND ZONING PLAT (HAMILTON LAKES VILLAGE - TALBOT'S MILL)
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 Preliminary and Final Land Use and
Zoning Plat for property located at the Northeast corner of
I-290 and Devon Avenue, three (3) copies of which are on file
in the Office of the Village Clerk, be and the same is hereby
approved.
Section 2: That previously approved Final Plats concerning
the development of the subject property herein be and the same
are hereby repealed.
Section 3: That the Preliminary and Final Land Use and
Zoning Plat contain variations to various sections of the Zoning
Ordinance, which variations are hereby affirmed and granted
as enumerated as follows:
Parcel 1 (Multi -Family)
1. The requirement of Section 9.12 of the Zoning
Ordinance that a building envelope of thirty (30)
feet be deducted for the purpose of calculating
common open space shall be reduced to ten (10) feet.
Parking spaces located adjacent to dedicated streets
shall be deemed to be permitted obstructions within
the common open space and shall be considered common
open space. The Village Engineer and Building Com-
missioner collectively shall have the right to per-
mit up to five (5) feet of encroachment onto ease-
ment areas by any such protrusion by the developer
during the initial construction. The installation
of swing sets and other playground and park equip-
ment shall not be deemed an encroachment onto ease-
ment areas.
2. Common Open Space, as defined by the zoning Ordi-
nance, shall not all be conveyed to a not-for-profit
corporation, but part thereof may be owned by indi-
vidual fee simple lot owners or condominium associa-
tions, except that within Parcel 1 (Multi -Family Resi-
dential District) the retention ponds, a single pri-
vate park area approximately one and two-tenths (1.2)
acres in size as depicted on the Conceptual Site Plan,
and some other portions of the Common Open Space
shall be conveyed to one or more of the Homeowners'
Associations. The Homeowners' Associations shall
administer matters common to all homeowners within
such associations, including, without limitation,
landscape maintenance and snow removal, within the
Common Open Space, whether owned by an association
or by fee simple owners; the Homeowners' Associations
shall have the right to impose legally enforceable
liens to pay the expenses related thereto. The
Homeowners' Declarations shall restrict the improve-
ment and use of all Common Open Space, whether owned
by association or fee simple owners to uses appro-
priate to Common Open Space. The park site shall
be developed with landscaping, playground equipment
and park equipment having a total value of a minimum
of Twenty -Five Thousand Dollars ($25,000).
3. The bulk regulations set forth in Section 5.1
of the zoning ordinance shall be varied to permit
within Parcel 1 (Multi -Family Residential District)
attached single family homes without side yards,
where attached, provided that side yards of at least
ten (10) feet are present at the ends of buildings
containing attached units. Minimum lot widths shall
not apply with regard to such attached single family
homes.
4. Section 5.34 E (2) shall be varied to permit
shared driveways serving not more than eight (8)
units to be placed within fifteen (15) feet of a
building.
5. The permitted uses contained in Section 5.31
shall be deemed to include model units, sales offices,
and sales trailers for the purpose of selling units
on the subject property. Such trailers shall be
removed not later than thirty (30) days after occu-
pancy permits for all model types are granted.
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6. Neither the driveways to the garages, nor the
parking spaces adjacent to or on the driveways shall
be deemed to be part of a parking lot for purposes
of interpreting the zoning ordinance. Section 3.55A
shall be varied to permit guest parking spaces in
the front yard setbacks consistent with the guest
parking spaces shown on the Conceptual Site Plan
attached hereto as Exhibit G, which spaces shall
also not be deemed to be part of a parking lot for
purposes of interpreting the zoning ordinance.
Parcel 3 (Office Transitional
1. The maximum permissible height pursuant to Sec-
tion 5.73 B. of the Zoning Ordinance shall be in-
creased from three (3) stories or thirty-five (35)
feet to six (6) stories or ninety (90) feet for a
maximum of two (2) buildings.
2. Notwithstanding the requirements of Section
3.96 C. of the Zoning Ordinance, the OWNERS are per-
mitted to install one parking space for every two
hundred eighty-five (285) square feet of office space.
Section 4: That this Ordinance shall be in full force
and effect from and after its passage and approval according
to law.
VOTES: AYES: 5 NAYS: 0 ABSENT: 1
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this lith day of April 1989.
APPROVED this 11th day of April 1989.
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