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HomeMy WebLinkAboutORDINANCE - 1704 - 2/12/1985 - SPECIAL USE/E SIDE BUSSE & HOWARDORDINANCE NO. 1704 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOULEVARD CORPORATION TO PERMIT CONSTRUCTION AND OPERATION OF A PLANNED DEVELOPMENT CONSISTING OF'THREE RESTAURANT BUILDINGS, AN OFFICE BUILDING AND A WAREHOUSE/COMMISSARY ON THE EAST SIDE OF BUSSE ROAD AT ITS INTERSECTION WITH HOWARD STREET, ELK GROVE VILLAGE WHEREAS, the Plan Commission of the Village of Elk Grove Village, acting as a Zoning Commission, conducted a public hearing to consider the question of granting a Special Use Permit to Boulevard Corporation (Contract Purchaser) to permit the construction and operation of a Planned Development consistng of three restaurant buildings, an office building, and a warehouse/commissary on property located on the east side of Busse Road, at its intersection with Howard Street, legally described on Exhibit A attached hereto; and WHEREAS, the President and Board of Trustees of the Village, after having considered the recommendations of the Plan Commission, find and believe it to be in the best interest of the Village that a Special Use Permit be granted, subject to the conditions hereafter set forth. NOW, THREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, an Illinois home rule municipality, Counties of Cook and DUPage, Illinois, as follows: Section 1: That a Special Use Permit be and the same is hereby granted to Boulevard Corporation to permit the construction and operation of a Planned Development within a B-2 Commercial District on property located on the east side of Busse Road, across from Howard Street, which property is legally described on Exhibit A. Said Planned Development will consist of three restaurant buildings, an office building, and a warehouse/commissary building, and shall be developed in accordance with the Site Development Plan dated February 5, 1985 prepared by Design 21, Inc. (the "Plan"), which is incorporated herein by reference, and in accordance with the other provisions of this Ordinance. Section 2: The Site Development Plan dated February 5, 1985 prepared by Design 21, Inc. is hereby approved as the Preliminary Land Use and Zoning Plan and as the Final Land Use and Zoning Plan for the Planned Development, as provided in the Zoning Ordinance of the Village. Section 3: The granting of the Special Use Permit and the Planned Development shall be subject to the following variations, conditions and agreements: 1. There shall be installed by the owner of the property prior to the issuance of the first occupancy permit for a building to be constructed on the property, a left turn bay on Busse Road to accommodate south bound traffic on Busse Road turning into the property. -2- 2. A traffic signal shall be installed at the intersection of Busse Road and Howard Street. Village shall promptly apply to the State of Illinois for such financial assistance as the State may be willing to provide to defray the costs of installation. Village and Owner shall cooperate with each other in approving the design of such signal and selecting a contractor for the installation thereof, to the extent the State does not do so. The cost of the installation of the signal and the engineering costs for design and installation shall be shared as follows: Village - 258 Owner - 758 The $8,500 paid by Owner for the Municipal Purpose Fund shall be applied toward Owner's share of the cost of the signal. If the State provides any financial assistance, the amount so provided shall be applied to reduce the Owner's cost and the Village's cost proportionately, with 258 of the amount so provided reducing the Village's cost, and 758 of the amount so provided reducing the Owner's cost. If any improvements to Busse Road, Howard Street, or the private drive within the property are required -3- by the State of Illinois for the installation of the traffic signal, Village shall be responsible for the installation of the improvements and all appurtenant engineering for Howard Street and the Owner shall be responsible for the installation of the improvements and all appurtenant engineering for Busse Road and the private drive. At the request of Owner, the traffic signal shall be installed prior to final State action on the Village request for State assistance. 3. The property will be serviced by the existing sanitary sewer line located on the west side of Busse Road. Owner may connect to such line by installation of a sewer main under Busse Road of such capacity as may be necessary to provide service to the property, but not less than eight inches. 4. The property shall be serviced by the existing water main on the east side of Busse Road, north of the property. Owner may connect to such line by installation of a twelve inch main. The water main shall be extended through the property and shall exit at the Southeast corner thereof and shall be connected to the existing Village water main located on Dierking Terrace. 5. The owner of the property shall be permitted to install, maintain and use a well for the operation of -4- ponds and fountains on the property; provided that such well may be used solely for the operation of such ponds and fountains and for no other purpose. Owner is hereby granted a variation from the provisions of Ordinance No. 1538 for the installation, maintenance, and use of the well, as set forth above. 6. The property need not be subdivided into Lots and five buildings may be located on the property as described in the Plan. The yards and the separation between buildings as set forth in the Plan are hereby approved. 7. As permitted by the Planned Development Ordinance of the Village, the office building may be utilized for uses authorized in the O -T Office/Transitional District, and the Warehouse/Commissary Building may be used for the warehousing and distribution of goods, products, and supplies utilized in the operation of restaurant establishments, whether within the property, or outside of the property; all as provided under the Planned Development Ordinance of the Village. 8. The exterior signage on the property shall be in accordance with the Signage Plan consisting of four (4) sheets, dated Februry 5, 1985 prepared by Design 21, Inc., which is incorporated herein by reference and made a part hereof, and the Village hereby grants such variations to the owner of the -5- property from the strict provisions of the sign ordinance of the Village, as may be necessary for such Signage Plan. 9. Provided all other permits, consents, or approvals are obtained from any other body with jurisdiction, and provided further that the Village has approved a Grading Plan and a Soil Erosion and Sedimentation Control Plan for the property, Owner shall be permitted to move earth on the property in accordance with the Plans, without further permits. 10. Permits for the installation of foundations and shells shall, to the extent permissible by law, be issued prior to completion of final engineering for the property and prior to the issuance of sanitary sewer, storm sewer, and water permits by the MSD or the EPA. Such foundations shall be installed at the total risk of the owner. 11. The parking for the various uses on the project may be shared among the buildings. The total parking required for the real estate shall consist of the total of the parking required for the various uses of the buildings on the site and shall be taken as a whole. 12. Prior to the subdivision of any of the property into parcels, or the conveyance of any parcel thereof to third parties, owner shall prepare and record against the property a covenant providing for cross easements for ingress and egress between the various parcels and providing for the maintenance of any open areas located within the parcels, such covenants to be enforceable by the owner of any parcel of the property. 13. In the event engineering considerations or,design criteria require the reloction or movement of a building, an improvement or the retention pond as designated on the Plan, and if such movement shall not result in a material change in the size of the buildings, the total number of buildings or the set backs between the buildings and the lot lines with adjacent properties, such movement shall be deemed to be a Minor Change under the Planned Development Ordinance which may be approved by the Village Manager. 14. A bridge not less than 14 feet in height may be installed over the main roadway leading into the project from Busse Road as depicted on the Plan. 15. The preliminary landscaping plan and the preliminary lighting plan called for in the Planned Development Ordinance are hereby waived, but final plans therefor shall be submitted for approval, as provided in the Planned Development Ordinance prior to the issuance of the first building permit for a building within the property. -7- 16. The main drive leading into the property from Busse Road as shown on the Plan shall be a private road and shall not be dedicted or condemned for dedication without the consent of the owner of the property, but shall be built to Village specifictaions for public roadways with respect to width of roadway and type of materials only as provided for in the Planned Development Ordinance of the Village. 17. The 30 foot strip leading to Higgins Road shall be utilized as a private driveway for the development and need be improved only as a private driveway with no further standards. 18. Owner shall provide easements within the property for water mains. The water mains (but not service lines) within the property shall be dedicated to and maintained by the Village. The sanitary sewer lines within the property shall be service lines and shall not be dedicated to or maintained by the Village. 19. Owner shall install a sidewalk along Busse Road at such time as it receives a notice from the Village to do so and all necessary permits for the sidewalk are issued. Owner shall execute a "Statement of Commitment to Construct Public Sidewalk" in the form commonly used by the Village and shall deliver the same to the Village for recording. WM Section 4: The Village Engineer and the Village Building Commissioner are hereby directed to issue the necessary permits in accordance with the provisions of this Ordinance upon proper application. Section 5: The Village acknowledges that the matters set forth in this Ordinance were inducement for the owner of the property to annex the property to the Village and to petition for the rezoning of such property and that the owner has proceeded on the basis thereof. Section 6: In the event of a conflict between the regulations or ordinances of the Village and those matters set forth in this Ordinance, the regulations set forth in this Ordinance shall be first binding. Section 7: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form, together with all documents incorporated by reference herein. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law, provided (i) Contract Purchaser consummates the purchase of the subject property and takes title thereto and shows the Village evidence thereof, and (ii) Contract Purchaser pays to the Village the sum of $8,500.00 for the Municipal Purpose Fund, which is due pursuant to the Ordinances of the Village for the annexation of the property. Should the Contract Purchaser fail to produce such evidence or to pay the EXHIBIT A Parcel 1 That part of the West 1/2 of the Northwest 1/4 of Section 26, Township 41 North, Range 11 East of the 3rd Principal Meridian, except the South 82.50 feet thereof lying East of the East line of the 200 foot strip of land conveyed to the County of Cook by deed recorded January 12, 1939 in the Recorders Office of Cook County, Illinois as Document Number 12259408 and lying South of a line drawn at right angles to the East line of said 200 foot strip of land from a point on said East line of said 200 foot strip of land, 1957.80 feet South (as measured along the East line of said 200 foot strip of land) of the North line of the Northwest 1/4 of said Section 26, in Cook County, Illinois. Parcel 2 The East 30.0 feet, measured at right angles to the East line thereof, of the South 920.24 feet, as measured along the East line of a 200.0 foot strip of land conveyed to the County of Cook by deed recorded January 12, 1939 as Document No. 12259408 of that part of the West 1/2 of the Northwest 1/4 of Section 26, Township 41 North, Range 11 East of the 3rd Principal Meridian lying Southerly and Westerly of the center line of Higgins Road, East of the East line of said 200 foot strip of land and lying Northerly of a line drawn at right angles to the East line of said 200 foot strip of land from a point on said East line of said 200 foot strip of land, 1957.80 feet South, as measured along the East line of said 200 foot strip of land; of the North line of the Northwest 1/4 of said Section 26, Cook County, Illinois. $8,500.00 sum within a six month period from the date of passage of this ordinance, then this ordinance shall be deemed null and void. VOTE: AYES 6 NAYES 0 ABSENT 0 PASSED this 12th day of February , 1985. APPROVED this _19t -h day of February 1985. ATTEST: VILLAGE CLERK APPROVED: VILLAGE PRESIDENT -10-