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HomeMy WebLinkAboutORDINANCE - 3269 - 6/21/2011 - BP ANNEX AND REZONING, 2201 S. Elmhurst Rd.ORDINANCE NO. 3269 AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE AND GRANTING A SPECIAL USE PERMIT AND VARIATIONS FROM THE ZONING ORDINANCE (BP PRODUCTS NORTH AMERICA INC.) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by BP Products North America Inc. (Owner), said petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described hereinafter; and WHEREAS, the said land and territory is not within the corporate limits of any municipality but is contiguous to the corporate limits of the Village; and WHEREAS, public hearings have been held before the Plan Commission to consider zoning of the subject property to the I-2 Industrial District, and for consideration of the issuance of a Special Use Permit to permit the operation of a petroleum storage facility within the I-2 Industrial District; and WHEREAS, any Fire Protection District, Library District, Township Road Commissioner, County Clerk or other entity or person entitled to notice prior to the annexation of the Territory has been given such notice as is required by law; and WHEREAS, the Owner and the Village have entered into a valid and binding Pre - Annexation Agreement (the "Annexation Agreement") with respect to the annexation of the subject property to the Village, which Annexation Agreement was considered at a Public Hearing duly called and held according to law, and which Annexation Agreement was approved by the Mayor and Board of Trustees of the Village pursuant to Resolution No. 3 1 -11 duly passed and approved this 21" day of June 2011 and by this reference is incorporated herein; and WHEREAS, The Plan Commission of the Village of Elk Grove Village has held a public hearing to consider the question of issuing a Special Use Permit for the operation of a petroleum storage facility and to consider a variation pertaining to front and side yard setback requirements of the Zoning Ordinance of the Village; and WHEREAS, The Mayor and Board of Trustees of the Village find and believe it to be in the best interest of the Village that the territory be annexed thereto according to the conditions and provisions of said Pre -Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED by the Mayor 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 in 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 municipality, 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 recommendation and finding of the Plan Commission of the Village, the Village does hereby cone the subject property to the 1-2 Industrial District. Section 3: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, the Village hereby grants a Special Use Permit for the subject property to permit the operation of a petroleum storage facility in accordance with Section 7 -E -4- A of the Zoning Ordinance of the Village. Section 4: That pursuant to the public hearing and recommendation and finding of the Plan Commission of the Village, the Village does hereby grant a variation of Section 3-7-D-3 of the Zoning Ordinance by permitting an existing fence within the required front yard in accordance with the submitted site plan. Section 5: That pursuant to the public hearing and recommendation and finding of the Plan Commission of the Village, the height of all existing storage tanks cannot exceed their current height. Section 6: As set forth in the Annexation Agreement, the Village does hereby grant a variation of Section 8-4-3-3 of the Village Code to pennit the BP logo signs to remain on the two existing tanks, to permit an electronic billboard on an improved lot, and to permit two BP logo signs on two future tanks. Section 7: That this annexation is in conjunction with and subject to the terns and conditions set forth in the Annexation Agreement heretofore incorporated by reference into this Ordinance. Section 8: That the Village Clerk is directed to record a certified copy of this Ordinance, together with a Plat of Annexation of said territory with the Recorder of Deeds of Cook County, Illinois and amend the official map to incorporate this annexation. fonn. Section 9: That the Village Clerk is authorized to publish this Ordinance in pamphlet Section 10: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 21' day of June 2011. APPROVED this 21" day of June 2011. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Published this 24th day of June 2011. QRDBPannes Doc#: 1122222056 Fee: $130.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 08110/2011 01:14 PM Pg: 0 ORDINANCE NO. 3269 VILLAGE OF ELK GROVE VILLAGE JUDITH M. KEEGAN, VILLAGE CLERK 9oi WELLINGTON AVENUE ELK GROVE VILLAGE, ILLINOIS 6o007 Mayor CRAIG B. JOHNSON Village Clerk JUDITH M. KEEGAN Village Manager RAYMOND R. RUMMEL STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DU PAGE) CERTIFICATE OF CLERK Village Trustees NANCY J.CZARNIK PATTON L. FEICHTER JEFFREY C. FRANKE SAMUEL L. LISSNER JAMES P PETRI CHRIS PROCHNO This is to certify that I, Judith M. Keegan, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct copy of Ordinance No. 3269 passed by the Mayor and Board of Trustees of said Village at a meeting duly held on the 21 si day of June 2011 which Ordinance No. 3269 was approved by the Mayor, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 24th day of June 2011. Qz: � e Z-� 7'a' � /- c dith M. Keegan, Village erk SEAL Village of Elk Grove Village Counties of Cook and DuPage, Illinois z STT- r� 901 WELLINGTON AVENUE • ELK GROVE VILLAGE, ILLINOIS • 60007-3499 cWlnrpo °u'TY TELEPHONE (847)439-3900 *FAX (847) 357-4044 - TDD (847) 357-4088 N wwxlkgrove.org ORDINANCE NO. 3269 AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE AND GRANTING A SPECIAL USE PERMIT AND VARIATIONS FROM THE ZONING ORDINANCE (BP PRODUCTS NORTH AMERICA INC.) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by BP Products North America Inc. (Owner), said petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described hereinafter; and WHEREAS, the said land and territory is not within the corporate limits of any municipality but is contiguous to the corporate limits of the Village; and WHEREAS, public hearings have been held before the Plan Commission to consider zoning of the subject property to the I-2 Industrial District, and for consideration of the issuance of a Special Use Permit to permit the operation of a petroleum storage facility within the I-2 Industrial District; and WHEREAS, any Fire Protection District, Library District, Township Road Commissioner, County Clerk or other entity or person entitled to notice prior to the annexation of the Territory has been given such notice as is required by law; and WHEREAS, the Owner and the Village have entered into a valid and binding Pre - Annexation Agreement (the "Annexation Agreement') with respect to the annexation of the subject property to the Village, which Annexation Agreement was considered at a Public Hearing duly called and held according to law, and which Annexation Agreement was approved by the Mayor and Board of Trustees of the Village pursuant to Resolution No. 3 1 -11 duly passed and approved this 21" day of June 2011 and by this reference is incorporated herein; and WHEREAS, The Plan Commission of the Village of Elk Grove Village has held a public hearing to consider the question of issuing a Special Use Permit for the operation of a petroleum storage facility and to consider a variation pertaining to front and side yard setback requirements of the Zoning Ordinance of the Village; and WHEREAS, The Mayor and Board of Trustees of the Village find and believe it to be in the best interest of the Village that the territory be annexed thereto according to the conditions and provisions of said Pre -Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED by the Mayor 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 in 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 municipality, 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 recommendation and finding of the Plan Commission of the Village, the Village does hereby zone the subject property to the I-2 Industrial District. Section 3: That pursuant to public hearing and recommendation and finding of the Plan Commission of the Village, the Village hereby grants a Special Use Permit for the subject property to permit the operation of a petroleum storage facility in accordance with Section 7 -E -4- A of the Zoning Ordinance of the Village. Section 4: That pursuant to the public hearing and recommendation and finding of the Plan Commission of the Village, the Village does hereby grant a variation of Section 3-7-D-3 of the Zoning Ordinance by permitting an existing fence within the required front yard in accordance with the submitted site plan. Section 5: That pursuant to the public hearing and recommendation and finding of the Plan Commission of the Village, the height of all existing storage tanks cannot exceed their current height. Section 6: As set forth in the Annexation Agreement, the Village does hereby grant a variation of Section 8-4-3-3 of the Village Code to permit the BP logo signs to remain on the two existing tanks, to permit an electronic billboard on an improved lot, and to permit two BP logo signs on two future tanks. Section 7: 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 8: That the Village Clerk is directed to record a certified copy of this Ordinance, together with a Plat of Annexation of said territory with the Recorder of Deeds of Cook County, Illinois and amend the official map to incorporate this annexation. form. Section 9: That the Village Clerk is authorized to publish this Ordinance in pamphlet Section 10: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 21st day of June 2011. APPROVED this 215` day of June 2011. ATTEST: Judith M. Keegan, Village Clerk Published this 24`h day of June 2011. 3 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village EXHIBIT "A" THE SOUTH 40 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING FROM SAID TRACT OF LAND THAT PART THEREOF LYING WEST AND SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID TRACT OF LAND 50.0 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID SECTION 25; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE SOUTH WEST QUARTER OF SECTION 25, A DISTANCE OF 1125.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 80.0 FEET, A DISTANCE OF 92.61 FEET TO A POINT, DISTANT 110.74 FEET NORTH, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SOUTH WEST QUARTER OF SECTION 25; AND SAID POINT BEING ALSO DISTANT 97.88 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SOUTH WEST QUARTER OF SECTION 25; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1800.00 FEET, TO A POINT DISTANT 56.0 FEET NORTH, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SOUTH WEST QUARTER OF SECTION 25, SAID POINT BEING ALSO DISTANT 486.37 FEET EAST, MEASURED AT RIGHT ANGLES FROM SAID WEST LINE OF THE SOUTH WEST QUARTER OF SECTION 25; THENCE EAST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 325.0 FEET TO A POINT; THENCE SOUTH IN A STRAIGHT LINE, MEASURED AT RIGHT ANGLES FROM LAST DESCRIBED COURSE, A DISTANCE OF 6.0 FEET TO A POINT, DISTANT 50.0 FEET NORTH, MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE OF THE SOUTH WEST QUARTER OF SECTION 25; THENCE EAST IN A STRAIGHT LINE, A DISTANCE OF 519.97 FEET TO A POINT IN THE EAST LINE OF THE WEST HALF OF SAID SOUTH WEST QUARTER OF SECTION 25 AFORESAID, DISTANT 17.43 FEET NORTH (AS MEASURED ALONG SAID EAST LINE) OF THE NORTH LINE OF TOUHY AVENUE, AS DEDICATED BY PLAT DOCUMENT NUMBER 8273637; ALSO EXCEPTING FROM SAID TRACT OF LAND, THAT PART OF ELMHURST ROAD AND TOUHY AVENUE CONVEYED BY CONDEMNATION CASE NO. 91 L 50081 AS DEPICTED ON PLAT OF HIGHWAYS FOR F.A.P 525 ILLINOIS RT. 72-LANDMEIER RD. TO ELMHURST RD. IN THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION, ALL IN COOK COUNTY, ILLINOIS PLAT OF ANNEXATION PIN: 08-25-302-001 R laamo.o nrtA6. Owe- — I a - -11—i s �T RUB c. aeimn«.huua .r. u. mem ro. a..vama a. ••^ ... ^m,^'•. ••..- •.._ °"`m "a �•• . or ran �,=.Ar—I �'. �m'nuea a'M a:,o aa.�_ moi .... sso amn.ar' amiss . ...o.o.° o. ma.�. uc o.�:r.mr.wz .mer—r+w".a'6`'.' . m...r .`.� o IOU A,.:c.`.® er-1..r iNa'Ovu1'."T'Ur��..o�mL���.. ems, a� I�mm "°'rn —onM �,� !7'�/ 41- Pan eme,mr.cy ®I a 1 g ®r mom. PYRVfuaceiM M,mwmn ru.rrl _- mwvoao.'.rs.m�.. ox " mem�a �l]W ®z .. rmi0�ry nwm 9n.f6X/i/�/• � . ..ImLLGu °wMwn .b.[ma ¢2a.a .a umrrmnw . ro©m • EWa9llmiwG w6 3P Protluote Ncr A,n.d. Inc. ./= nua Plat of Annexation rC 91EF N. Pari of Section 25 -41 -II- Elk Gmva Nlloge. Illinois ' mp ' I OF 1 YI¢i5