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HomeMy WebLinkAboutRESOLUTION - 64-10 - 11/9/2010 - COOK COUNTY BOARD OF APPEALS PUBLIC HEARING RESOLUTION NO. 64-10 A RESOLUTION DIRECTED TO THE COOK COUNTY BOARD OF COMMISSIONERS, COOK COUNTY BOARD OF APPEALS, AND THE COUNTY CLERK FOR TRANSMITTAL TO COOK COUNTY BOARD OF COMMISSIONERS IN RESPONSE TO THE PUBLIC HEARING HELD BY THE COOK COUNTY BOARD OF APPEALS ON NOVEMBER 8, 2010 REGARDING THE SPECIAL USE FOR UNIQUE USE REQUEST TO PERMIT A RECYCLING FACILITY WHICH WILL PROCESS ASPHALT AND CONCRETE MATERIALS ON THE PROPERTY LOCATED AT THE SOUTH SIDE OF OAKTON STREET, APPROXIMATELY 421 FEET EAST OF CROSSEN AVENUE IN ELK GROVE TOWNSHIP COMMONLY KNOWN AS 1225 E. OAKTON STREET AND 220 REDWOOD AVENUE WHEREAS, the applicant and owner, Arrow Road Construction Company, of the property legally described as follows: Parcel 1:E.246' (exc. S. 210' therof); Parcel 2: S.210' (measured perpendicularly) of E. 246'; Parcel 1 & 2 of the NW '/4 of NE '/4 of Sec. 27, T41N, RI I E. of 3`d P.M. has petitioned for a Special Use for Unique Use to construct and operate a recycling facility which will process asphalt and concrete materials; and WHEREAS; said case has been docketed as Docket Number 8689 by the Cook County Zoning Board of Appeals; and WHEREAS, the corporate boundaries of the Village of Elk Grove Village are directly contiguous to this property; WHEREAS, the subject property is located adjacent to a single family residence immediately to the west; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village of Elk Grove Village does hereby register objection to the petitioner's application for the Special Use for Unique Use at the subject property described above for the following reasons: a. The applicant failed to provide clear and convincing evidence that the proposed unique use will conform with each special use standard as specified in Article B of the Cook County Zoning Ordinance; b. The applicant failed to prove the existence of a special and extraordinary need for the unique use; c. The applicant failed to identify unique characteristics of the subject property, proposed use and surrounding neighborhood; d. The subject property is located within the I-1 Restricted Industrial District. The proposed use is neither a permitted use, nor a permitted special use in that district; e. The applicant failed to prove that the unique use will be an affirmative benefit to the surrounding properties and neighborhood from a land use and economic standpoint; f. That the proposed use will have a deleterious effect on the surrounding properties and neighborhood from a land use and economic standpoint; g. Although the applicant has shown that dust mitigation measures are provided at the crusher, no dust mitigation measures are proposed for the dumping and loading procedures which will produce significant amounts of particulate matter that may become windborne resulting in a deleterious effect on surrounding properties; h. Evidence provided on behalf of the petitioner regarding noise and dust production was addressed only in conjunction with the crusher. No evidence or data was provided to indicate that noise and dust generated by heavy equipment and truck traffic, dumping and loading activities, will comply with applicable performance standards; i. There is monumental concern over the inability to provide any type of fire protection or suppression on the site due to the fact that the site is not connected to a public water system; I j. The drive apron accessing the property is inadequate for the proposed use; k. Access to the property from Oakton Street is inadequate for the proposed use and will result in stacking of trucks on Oakton Street impeding traffic; 1. That an opinion be obtained from the State of Illinois Department of Natural Resources as to the nature of any threatened or endangered species on the property. I Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. Section 3: That the Village Clerk's Office is hereby directed to submit the foregoing Resolution to all governmental bodies that have jurisdiction and/or interest in the development of the premises as set forth above and set forth in the caption thereto. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 91h day of November 2010. APPROVED this 9" day of November 2010. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Arrow Resolution 92 I