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Home My WebLink AboutORDINANCE - 710 - 9/22/1970 - REZONE/SW TONNE/LANDMEIERORDINANCE NO. 710 AN ORDINANCE REZONING THE SOUTHWEST CORNER OF TONNE AND LANDMEIER ROADS FOR A 7 -ELEVEN STORE WHEREAS, the Planning Commission of the Village of Elk Grove Village, sitting as a Zoning Commission, at a public meeting duly called and held according to law, considered the question of reclassify- ing the real estate hereinafter described from R-3 Residence classifica- tion to the B-1 Business classification; and WHEREAS, the property owner agrees to forever prohibit the follow- ing uses on the hereinafter described property and to execute appropriate covenants running with the land to insure that the land will not be so used: 1. Car Wash or Auto Laundry 2. Automobile, Gasoline or Service Station 3. Drive -In Establishments serving food or beverage for consumption without the premises. 4. Automobile sales and repairs 5. Hotel 6. Public garage, repair and storage 7. Recreation or amusement building 8. Tavern 9. Theater, except open-air drive-in theaters; provided, however, that no theater shall be erected or reconstructed unless there is provided on the same lot, or within three hundred (300) feet thereof, parking space which contains an area adequate to accom- modate one (1) automobile for every five (5) seats in the theater. 10. Used car sales or storage,but excluding salvage of automobiles or automobile parts; and, WHEREAS, the property owner has agreed to a list of conditions and promises as set forth in a letter from C. A. Willis to E. C. Hofert dated September 9, 1970, a copy of which is attached hereto and incorporated by reference; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village, having considered the recommendation of the Zoning Commis- sion and the promises made by the owner and developer, find and believe - 1 - that the highest and best use of said real estate is that of B-1 Business, as requested. NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees, Village of Elk Grove Village, Cook and DuPage Counties, Illinois: Section 1: That an Ordinance entitled "An Ordinance to Regulate and Limit the Height and Bulk of Buildings; to Regulate and Limit the Intensity of the Use of Lot Areas, and to Regulate and Determine the Areas of Open Space within and surrounding such Buildings; to Classify, Regulate and Restrict the Location of Trades and Industries and the Location of Buildings Designed for Specified Industrial Business, Residential and Other Uses; to Divide the Entire Village of Elk Grove Village into Districts for the Purpose of this Ordinance; to Fix Stand- ards to which Buildings or Structures shall Conform; to Prohibit Uses, Buildings or Structures Incompatible with the Character of such Districts Respectively, and to Prevent Additions to or alterations or Remodeling of Existing Buildings or Structures in Such a Way as to Avoid the Restrictions and Limitations Lawfully imposed hereunder, and to Provide Penalties for Violation Hereof." passed and approved July 8, 1957, as Ordinance No. 20, as amended, be amended by reclassify- ing the following described real estate from M-2 to B-1: LOT 1 in Centex Landmeier and Tonne Subdivision, being a subdivision in Section 28, Township 41 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, also described as BEGINNING at the intersection of the center line of Landmeier Road and the West line of Tonne Road (said West line being the West line of the East 100.0 feet of said Section 28); thence Westerly along the center line of Landmeier Road 214.70 feet to its intersection with the Westerly line produced south of Wildwood Road, as dedicated in Elk Grove Village Section 1 South, being a subdivision in the North half of said Section 28; thence southerly along said Westerly line produced south of Wildwood Road 50.00 feet; thence Easterly at right angles to the last described line 30.00 feet; thence southerly at right angles_to the last described line 173.89 feet to a point of curve; thence continuing southerly along said curve concave easterly and having a radius of 670.00 feet, 34.57 feet to its intersection with a line drawn at right angles to the West line of the East 100.0 feet of said Section 28 from a point on said West line of the East 100.0 feet, 201.78 feet south (as measured along said West line of the East 100.0 feet) of the center line of Landmeier Road; thence East along said right angle line 244.68 feet to said West line of the East 100.0 feet of saij Section 28; thence north along said - 7 - West line of the East 100.0 feet of said Section 28, 201.78 feet to the place of beginning in Cook County, Illinois. Section 2: That said real estate as reclassified shall be subject to all the limitations and conditions placed upon properties in the B-1 classifications as defined in the ordinances aforementioned. Section 3: That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than one hundred dollars ($100.00) for each offense, and each day that a violation is permitted to exist shall constitute a separate offense Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 22nd day of September , 1970. VOTES: AYES 4 NAYS 2 ABSENT 0 VIIIage r ATTEST: 7T, —nI11a9e✓Cl < residemt /// Published this 7th day of October , 1970 in the The forenoted conditions and promises are hereby approved: Owner Developer - 3 - Mr. Edward C. Hofert EOFERT & SATELSON 780 Lee Street Des Plaines, Illinois Dear Dear Mr. Eofert: 666 Lnn:Jm_hr Q -,-1 Area Code 312 13TRY) Fresi�bn[ ....— RONAU) L. CH'1M401, EUC-.,, V KFit,f WS G O 3 I 1' �h>>: I CHF. I LS I /2."1 iL.i 9'me,ess ELt,A102 G. 1"OkidE:: CVY;: CHAi'.I.ISS A. WILLIS bIDn?,:or September 9, 1970 SUBJECT: 7 -Eleven Rezoning The following is a list of stipulations to be agreed upon by the Centex Corporation and Southland Corporation regarding rezoning of the southwest corner of Tonnc and Landmeier Roads for a 7 -Eleven store: 1. The property owner agrees to forever prohibit the uses identified by the Plan Coamissiou Burin" the public hearing on this question. 2. A 50 foot right -of -;ray is to be dedicated between the east linee of the Branigar/Forest View area and. the east side of Tonne Road. 3. The developer and owner shall improve the 60 foot strip of land along the west edge of the 7 -Eleven property immediately south of 'Vildwood" extended for controlled driveway access to both the Wesleyan Methodist Church and the 7 -Eleven sore facilities. 4. Two driveway accesses are to be provided along "Wildwood" extended into the 7 -Eleven property. 5. One driveway shall be located on Tonne Road as close to the south line of the property as may be approved by the Building Department and the Village Manager. 6. The owner and developer agree to provide the required number of offstreet parking spaces on a permanently constructed parking area, both to be in accordance with Village ordinances. 7..There,shall be a 25 foot setback along Landr.eier load and Tonne Road reserved for landscaping and as necessary a public sidewalk. "EXHIBIT A" i` Mr. Edward C. Hofert EOFERT & SATELSON 780 Lee Street Des Plaines, Illinois Dear Dear Mr. Eofert: 666 Lnn:Jm_hr Q -,-1 Area Code 312 13TRY) Fresi�bn[ ....— RONAU) L. CH'1M401, EUC-.,, V KFit,f WS G O 3 I 1' �h>>: I CHF. I LS I /2."1 iL.i 9'me,ess ELt,A102 G. 1"OkidE:: CVY;: CHAi'.I.ISS A. WILLIS bIDn?,:or September 9, 1970 SUBJECT: 7 -Eleven Rezoning The following is a list of stipulations to be agreed upon by the Centex Corporation and Southland Corporation regarding rezoning of the southwest corner of Tonnc and Landmeier Roads for a 7 -Eleven store: 1. The property owner agrees to forever prohibit the uses identified by the Plan Coamissiou Burin" the public hearing on this question. 2. A 50 foot right -of -;ray is to be dedicated between the east linee of the Branigar/Forest View area and. the east side of Tonne Road. 3. The developer and owner shall improve the 60 foot strip of land along the west edge of the 7 -Eleven property immediately south of 'Vildwood" extended for controlled driveway access to both the Wesleyan Methodist Church and the 7 -Eleven sore facilities. 4. Two driveway accesses are to be provided along "Wildwood" extended into the 7 -Eleven property. 5. One driveway shall be located on Tonne Road as close to the south line of the property as may be approved by the Building Department and the Village Manager. 6. The owner and developer agree to provide the required number of offstreet parking spaces on a permanently constructed parking area, both to be in accordance with Village ordinances. 7..There,shall be a 25 foot setback along Landr.eier load and Tonne Road reserved for landscaping and as necessary a public sidewalk. "EXHIBIT A" -2 -- Mr. Edward. C. llofert September 9, 1970 S. No vehicular parking or storage of goods or products shall be pervitted in the 25 foot setback:;. A con- crete public sidewalk shoIJ be constructed according to Village specifications not more than one foot .outside of the property line along Tonne P.oad and Iandmeier Road. (Lt is desirable that the public sidewalk be extended to the west side of the Wesleyan Methodist Church property.) 9. The owner, operator, and tenants of the 7 --Eleven complex agree to provide permanent year -around screen- ing of garbage and bottle storage areas to effectively block the view of residents or the Church. 10. The developer agrees not to request or support a regnost for commercial retail zoning of any property lying along the south side of Landmoi_er Road between Tonne Road and Lively Boulevard at any time in the future. 11. The developer agrees to deposit sufficient cash to construct a permanent concrete sidewalk along the north side of Landmeier Road between an esistins sidewalk at the Commonwealth Edison right-of-way line and the east side of Section 1 -East. The amount of cash is to be determined by a detailed engineering study paid for by --the developer. The VillaSe reserves the option to use part or all of said cash funds deposited with the Village to install a temporary bituminous walkway between the above two points. CAW:mw cc: Robert Calkins - Centers Corporation Richard McGrenera, Chairman Judiciary, Planning & Zoning Com-ittee President and Board of Trustees Village Clerk Building Department Chairman - Plan Comimission Sincerely yours, Cil"L .ES A. WILLIs Village Manager