HomeMy WebLinkAboutORDINANCE - 3528 - 11/14/2017 - Annexation - Busse Farm/Brennan ORDINANCE NO. 3528
AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE
VILLAGE OF ELK GROVE VILLAGE SUBJECT TO VARIOUS CONDITIONS,
GRANTING VARIATIONS OF THE ZONING ORDINANCE AND APPROVING A
LANDSCAPE PLAN (BRENNAN INVESTMENT GROUP, LLC BUSSE FARM)
WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk
Grove Village by Brennan Investment Group (N/K/A BIG ACQUISITIONS, LLC), said Petition
seeking annexation to the Village of Elk Grove Village of certain land and territory legally
described hereinafter; and
WHEREAS, said territory consists of approximately eighty-five (85) acres, eighty-two
(82) acres of which are properties to be annexed and the entire eighty-five (85) acres of which
are to be rezoned, which property is located North of Oakton Street and South of Higgins Road,
West of Lively Boulevard and East of Stanley Street; and
and WHEREAS, said property is not within the corporate boundaries of any municipality;
WHEREAS,the corporate authorities of the Village of Elk Grove Village are desirous of
annexing said property to the Village of Elk Grove Village; and
WHEREAS, the corporate authorities of the Village of Elk Grove Village have given
notice by publication in the Daily Herald on October 30, 2017, as provided by law; and
WHEREAS, any Fire Protection District, Library District, Township Road
Commissioner, Township Corporate Authority or other entity or person entitled to notice to the
annexation of the Territory has been given such notice as is required by law; and
WHEREAS, the affidavits of service of such notices required herein are on deposit with
the Village Clerk and have been recorded in the office of the Recorder of Cook County, as is
required by law; and
WHEREAS, the Plan Commission of the Village of Elk Grove Village, at a public
hearing duly called and held according to law, considered the question of the annexation and
rezoning of the subject property and have issued a Finding of Fact related thereto, which Finding
of Fact sets forth certain recommendations and conditions relating to the development of the
property; and
WHEREAS, the Developer 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. 62-17 duly passed
and approved this 14' day of November, 2017 and by this reference is incorporated herein; and
WHEREAS, the Mayor and Board of Trustees find and believe it to be in the best
interest of the Village that said land and territory be annexed to the Village according to the
provisions of the Annexation Agreement and pursuant to the provisions of Article 7, Division 1
of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) and be zoned upon annexation.
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 corporate limits of any other municipality, be and the same is
hereby annexed to the 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 1-1
Industrial District.
Section 3: That pursuant to Public Hearing and recommendation and finding of the Plan
Commission, the Village hereby grants the following variations of the Village's Zoning
Ordinance and Village Code:
a- Variation of Section 3-6:13 of the Zoning Ordinance to permit multiple existing
buildings on one lot.
b - Variation of Section 7E-9:A of the Zoning Ordinance to permit the construction of an
eight foot(8')tall fence abutting all residential zoned districts.
c - Variation of Section 7-1, Schedule of Bulk and Yard Requirement of the Zoning
Ordinance to permit a maximum height of thirty-eight feet for buildings abutting a
residentially zoned district,
d- Variation of Section 8-1213-1-1:A3 of the Village Code to waive the required twenty-
five foot (25) public utility and drainage easement along the property frontage on
Higgins Road and Oakton Street.
Section 4: That the annexation is subject to the following conditions set forth in the
finding of fact from the Plan Commission dated October 26, 2017.
a- The roadway alignment along King Street shall meet a 30 mph design speed.
b - The water main north of Gullo Drive shall be considered a public water main.
c - Connect the sidewalk/ multi-use path to all existing sidewalks to the east and west of
the property, including along Higgins, along Oakton and to Lively Boulevard.
d - Provide a sidewalk/multi-use path around the entire east pond.
e - Provide crosswalks across Higgins at King Street.
f- No permits except demolition permits shall be issued until the Preliminary Plat of
Resubdivision is converted to a Final Plat of Resubdivision approved by the Board
and until the 3.36 acres on the northwest of the property designated on the site plan as
the future retail and mixed-use sites is zoned to B-2, provided, however, that
Developer may apply for permits for excavation, preliminary grading work, filling
and soil stockpiling on each of the respective Development Phases in preparation for
the development of a particular Development Phase, as the case may be, provided that
the Village Engineer has first reviewed and approved a grading plan and soil erosion
and sedimentation control plan.
g - Provide topsoil and sod, not seed, around the retention ponds.
h - Provide a means of maintaining the designated water level during prolonged periods
of dry weather.
i - Retaining walls along the east end of the property shall be removed or reduced from
the originally designated height on preliminary site plans in order to match the grade
of adjacent existing developed properties.
j - Provide for cross-access and parking agreements throughout the development as
mutually determined necessary by the Developer and Village staff.
k- Initial Perimeter and Boulevard Landscaping shall be in conformance with the
Preliminary Landscape Plan by Kinley-Horn, dated July 7, 2017. All trees shall be a
minimum four-inch (4") caliper and the designated species of the trees and shrubs
shall conform to staff comments regarding same. Landscaping for individual lots to
be hereafter approved shall meet the Village's Landscaping Requirements.
1 - After completion and occupancy of 80% and/or 100% of the total building area as
shown on the proposed site plan, the Developer may be required by the Village to hire
a traffic consultant (mutually agreeable to both parties, whose fee shall be paid by the
Developer) to conduct a traffic study at the intersection of King Street and Oakton to
determine whether a traffic signal is warranted. If the consultant reports a signal is
necessary that this intersection, the developer shall, with concurrence of the Village,
install such a signal.
m -Covenants for the Technology Park Association pertaining to maintenance and repair
considerations must be approved by staff.
n- Subject to the cooperation of adjacent property owners to the East and
recommendations of staff, Developer will use its best efforts to clean up the drainage
ditch that borders the property in that area.
Section 5: That the Village Clerk of the Village of Elk Grove Village is directed to
record a certified copy of this ordinance together with a plat of annexation of said territory, as
attached hereto as Exhibit B, with the Recorder of Deeds of Cook County Illinois.
Section 6: That the Village Clerk is hereby directed to file with the County Clerk and the
Cook County Election Department a certified copy of this ordinance together with a plat of
annexation of said territory, and to report the annexation of the territory to the proper postal
service officials.
Section 7: That the Village Clerk is directed to amend the official Village map in
accordance with the provisions of this ordinance.
Section 8: That the Village Clerk is authorized to publish this ordinance in pamphlet
form.
Section 9: That this ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 14th day of November 2017.
APPROVED this 14" day of November 2017.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this 17th day of November 2017 in pamphlet form.
EXHIBIT A
955 E. HIGGINS ROAD -08-22-302-002-0000; 08-22-303-002-0000; 08-22-303-009-0000
THAT PART OF LOT 2 OF THE DIVISION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINICIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE WEST LINE OF
SAID LOT 2 WITH THE CENTER LINE OF HIGGINS ROAD; THENCE SOUTH ALONG
SAID WEST LINE TO A POINT ON SAID WEST LINE THAT IS EQUIDISTANT FROM
THE CENTER LINE OF HIGGINS ROAD AND THE CENTER LINE OF OAKTON
STREET; THENCE EAST PARALLEL WITH THE CENTER LINE OF OAKTON STREET
TO THE EAST LINE OF LOT 2; THENCE NORTH ON THE EAST LINE OF LOT 2 TO THE
CENTER LINE OF HIGGINS ROAD; THENCE NORTHWESTERLY ALONG THE CENTER
LINE OF HIGGINS ROAD TO THE PLACE OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF LOT 2 OF THE DIVISION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE WEST LINE OF
SAID LOT 2 WITH THE CENTER LINE OF HIGGINS ROAD; THENCE SOUTH ALONG
SAID WEST LINE TO A POINT WHICH IS EQUIDISTANT FROM THE CENTER LINE OF
HIGGINS ROAD AND THE CENTER LINE OF OAKTON STREET FOR THE PLACE OF
BEGINNING; THENCE EAST PARALLEL WITH THE CENTER LINE OF OAKTON
STREET TO THE EAST LINE OF SAID LOT 2; THENCE SOUTH ALONG THE EAST
LINE OF LOT 2 TO THE CENTER LINE OF OAKTON STREET; THENCE WEST ALONG
THE CENTER LINE OF OAKTON STREET TO THE WEST LINE OF LOT 2; THENCE
NORTH ALONG SAID WEST LINE TO THE PLACE OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
EXCEPTING THEREFROM A PORTION OF THE LAND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF AFORESAID LOT 2 WHICH IS ALSO
THE SOUTHWEST CORNER OF LOT 58 IN HIGGINS INDUSTRIAL PARK UNIT
NUMBER 40, BEING A SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 22,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE NORTH ALONG THE EAST LINE OF SAID LOT 2 (BEING THE EAST LINE OF
THE SOUTHWEST 1/4 AFORESAID) FOR A DISTANCE OF 242.72 FEET; THENCE
WEST ALONG A LINE PARALLEL WITH THE CENTER LINE OF OAKTON STREET, A
DISTANCE OF 354.76 FEET; THENCE SOUTH ALONG A LINE PARALLEL WITH THE
EAST LINE OF THE SOUTHWEST 1/4 AFORESAID, (BEING THE EAST LINE OF LOT 2
AFORESAID),A DISTANCE OF 487.68 FEET MORE OR LESS TO THE CENTER LINE OF
OAKTON STREET; THENCE EAST ALONG THE CENTER LINE OF OAKTON STREET
TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 22 AFORESAID; THENCE
NORTH ALONG THE SAID EAST LINE OF THE SOUTHWEST 1/4 TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SOUTHWEST QUARTER
WHICH IS 9.76 CHAINS EAST OF THE SOUTHWEST CORNER OF SAID QUARTER
SECTION AND RUNNING THENCE EAST 10 CHAINS 31 LINKS TO THE SOUTHEAST
CORNER OF THE WEST HALF OF SAID QUARTER SECTION; THENCE NORTH 26
CHAINS 30 LINKS TO A POINT IN THE CENTER LINE OF HIGHWAY KNOWN AS
HIGGINS ROAD; THENCE NORTH 81 DEGREES WEST ALONG THE CENTER LINE OF
SAID HIGHWAY 10 CHAINS 40 LINKS; THENCE SOUTH 27 CHAINS 85 LINKS TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS (EXCEPTING THEREFROM ALL
THAT PART LYING WITHIN THE RIGHT OF WAY OF HIGGINS ROAD AND OAKTON
STREET).
811 E. HIGGINS ROAD-08-22-302-005-0000
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
BEGINNING AT A POST AT THE SOUTHWEST CORNER OF SAID WEST HALF;
THENCE EAST 9.76 CHAINS TO A POST; THENCE NORTH 27.85 CHAINS TO A POST
IN THE CENTER OF ROAD; THENCE NORTH 81 DEGREES WEST 9.81 CHAINS TO A
POST AT CORNER OF LAND OWNED BY H. SHARINGHAUSEN ON THE WEST LINE
OF SAID WEST HALF; THENCE SOUTH 29.31 CHAINS TO THE PLACE OF BEGINNING
(EXCEPTING THEREFROM THE SOUTH 950.0 FEET THEREOF, EXCEPT THE WEST
414.16 FEET THEREOF AS MEASURED ON THE SOUTH LINE THEREOF AND EXCEPT
THAT PART FALLING IN HIGGINS ROAD) IN COOK COUNTY, ILLINOIS.
743 E. HIGGINS ROAD-08-22-302-003-0000; 08-22-304-001-0000
THE WEST 230 FEET AS MEASURED ON THE SOUTH LINE THEREOF EXCEPT THE
SOUTH 950 FEET THEREOF OF THE FOLLOWING DESCRIBED TRACT OF LAND:
THAT PART OF THE WEST 1/2 OF THE SOUTH WEST 1/4 OF SECTION 22, TOWNSHIP
41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEGINNING AT
A POINT AT THE SOUTH WEST CORNER OF SAID WEST 1/2; THENCE EAST 9.76
CHAINS TO A POST; THENCE NORTH 27.85 CHAINS TO A POST IN THE CENTER OF
ROAD; THENCE NORTH 81 DEGREES WEST 9.81 CHAINS TO POST AT THE CORNER
OF LAND OWNED BY H. SCHARINGHAUSEN ON THE WEST LINE OF SAID WEST 1/2;
THENCE SOUTH 29.31 CHAINS TO THE PLACE OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PARCEL 2:
LOT 1 OF GIENZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPTING
THEREFROM THAT PART OF LOT 1 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 FOR A POINT OF
BEGINNING; THENCE NORTH 0 DEGREES EAST, A DISTANCE OF 156.47 FEET TO
THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 81 DEGREES 47
MINUTES 30 SECONDS WEST, A DISTANCE OF 42.50 FEET; THENCE SOUTH 0
DEGREES EAST, A DISTANCE OF 36.00 FEET; THENCE SOUTH 18 DEGREES 23
MINUTES 18 SECONDS EAST, A DISTANCE OF 133.35 FEET TO THE POINT OF
BEGINNING.
6 STANLEY STREET-08-22-304-002-0000
LOT 2 OF GIEMZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
18 STANLEY STREET-08-22-304-003-0000
LOT 3 OF GIEMZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
24 STANLEY STREET-08-22-304-004-0000
LOT 4 IN GIEMZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
36 STANLEY STREET-08-22-304-005-0000
LOT 5 OF GIEMZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
42 STANLEY STREET - 08-22-304-006-0000
LOT 6 OF GIEMZA AND MAJKA'S SUBDIVISION IN THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
EXHIBIT B
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