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Home My WebLink AboutORDINANCE - 3548 - 3/27/2018 - Annex/Rezone Meacham Grove/Emerald Inc ORDINANCE NO. 3548 AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE SUBJECT TO VARIOUS CONDITIONS AND GRANTING VARIATIONS OF THE VILLAGE CODE (MEACHAM GROVE LTD., EMERALD, INC.) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by Meacham Grove Ltd., Emerald, Inc., 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 5.33 acres to be annexed and rezoned, which property is located at 751 Meacham Road; and WHEREAS, said property is not within the corporate boundaries of any municipality; and 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 March 9, 2018, 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. 17-18 duly passed and approved this 27th day of March, 2018 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. 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 Parcel 1, 2, 3 and 4 of the subject property to the A-2 Multiple Family Residential District; and Parcel 5 of the subject property to the R-3 Single Family Residence District. Section 3: That pursuant to Public Hearing and recommendations and findings of the Plan Commission, the Village hereby grants the following variations of the Village Code: a- Variation of Section 8-1213-1-1:A3d of the Village Code to permit a fifty foot (50') right-of-way width. b - Variation of Section 8-12B-1-1:A3e of the Village Code to permit a fifty foot (50') right-of-way width at the entrance to the turnaround street portion with the cul-de-sac length to exceed four hundred feet(400'). c - Variation of Section 8-8A-3:A6 of the Village Code to permit paved surfaces within the front yard areas of residentially zoned districts to exceed the maximum ground coverage of fifty percent (50%). Section 4: That the annexation is subject to the condition. a- That the Declaration of Covenants for the Townhome Association pertaining to maintenance and repair considerations must be approved by staff. b - If Village staff determines that the proposed curve in the roadway on Dakota Drive presents a safety hazard, the Developer shall be required to construct a solid barrier or guard rail. c - The Developer shall cooperate with Village staff during the permitting process to ensure that there is no negative impact on the existing retaining wall to the north of the subject property; and d - The Developer will construct a solid fence connecting to the existing fences along the north side of the project in order to creating a continuous fence like, subject to the cooperation of neighboring property owners. 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 prepared by W.T. Land Surveying dated October 31, 2017, 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 a certified copy of this ordinance together with a plat of annexation of said territory. 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 271h_day of March 2018. APPROVED this 271h day of March 2018. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk PUBLISHED this 301h day of Mrch 2018 in pamphlet form. EXHIBIT A PERMANENT INDEX NUMBERS: 07-36-101-022-0000, 07-36-101-024-0000, 07-36-101-025-0000, 07-36-101-023-0000,07-36-101-034-0000 PARCEL 1: THE WEST 420.57 FEET OF THE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE WEST 50 FEET TAKEN BY CONDEMNATION CASE 831,50482) IN COOK COUNTY, ILLINOIS. PARCEL 2: THE EAST 370.57 FEET OF THE WEST 420.57 FEET OF THE SOUTH 80.0 FEET OF THE SOUTH 178.0 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE EAST 800 FEET OF THE NORTH 98.0 FEET OF THE SOUTH 178.0 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: THE SOUTH 80.0 FEET OF THE SOUTH 178.0 FEET(EXCEPT THE WEST 420.57 FEET THEREOF) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 41, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE AS STAKED AND OCCUPIED OF THE EAST 286.87 FEET OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED OF SUNSET MANOR SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED APRIL 10, 1957, AS DOCUMENT NO. 16874058 AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, ALSO BEING THE CENTER LINE OF NERGE ROAD THENCE NORTH 00 DEGREES 09 MINUTES 26 SECONDS EAST A DISTANCE OF 1064.87 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1602.0 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION, THENCE NORTH 87 DEGREES 31 MINUTES 04 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 149.38 FEET TO A POINT FROM PLACE OF BEGINNING, THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST A DISTANCE OF 95.00 FEET TO A POINT; THENCE NORTH 87 DEGREES 31 MINUTES 04 SECONDS EAST A DISTANCE OF 140.00 FEET TO A POINT ON THE EAST LINE OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION THENCE SOUTH 00 DEGREES 09 MINUTES 26 SECONDS WEST ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 1602.0 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41,NORTH, RANGE 10, AFOREMENTIONED, THENCE SOUTH 87 DEGREES 31 MINUTES 04 SECONDS WEST A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PROPERTY ADDRESS: 1050 HOME AVENUE, ELK GROVE VILLAGE, IL 60007. PARCEL 7: THAT PART OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS LYING EAST OF THE EAST LINE OF THE WEST 75 ACRES OF THE EAST HALF OF SAID SECTION; LYING NORTH OF THE SOUTH LINE OF THE NORTH 1602 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION; LYING SOUTH OF THE SOUTH LINE OF THE NORTH 1156.92 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION AND LYING WEST OF THE WEST LINE OF ELK GROVE VILLAGE SECTION 17 SUBDIVISION, BEING A SUBDIVISION IN SECTIONS 25 AND 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Per state statute 65 ILCS 5/7-1-1,the annexed boundary shall extend to the far side of any adjacent highway and shall include all or every highway within the area annexed, and these highway shall be considered annexed though they are not included in the legal description. Pursuant to the Zoning Ordinance of the Village of Elk Grove Village, the above-described property shall be zoned A-2 Multiple Family Residential District and Parcel 5 will be zoned R-3 Single Family Residential District upon annexation. PLAT OF ANNEXATION EXHIBIT B TO LK GROVE VILLAGEENo } a E � I �..�coxAgA¢LrS�� mEru� 4 .a,5 „wmmm.mwnr. a n�—x. [,, —All Via',rn6,,EE,r ar: w r a[ax nw[r E m 1 att *txE 4Es: wR r;E�cLr.•r s✓b,. �'�s;ov �� 1� (nr a5 m. r b rrsr ArFmcAry SA.vK wbaN,vGw I I ,or;,r for zs rc[E nw 1 wYxtrmu Som M. N B7Y/Je' -errs M »x rs,rf urs a ra _ .>•^+••.r • i ELK ✓E Nt(.AGG 1COwrEx axwC 56cnOn ac nu r� --rawYAl ru „xrn wa __. Ynt xPARCEL„J a E � n - 4 K', Nr owr rur y ' — �� N� PARCEL l xarar�'� S LUr 5c9d >WE S^ .__._.__...._.._. y PARCFL I e Yr PARCEL 2 I 4.er r r I= ` +aa>,YA� - LK GRO'✓E'NLIAGt Ir. O d o .__.._ na r r 3 87'13'16"W 117639 C p w M LGT 5100 O Z —T IKE IE—T AlIFS 11 �t amt t.>[n.4ry xr xx wmart QJ b 14 S+,W c, TOTAL AREA TO 6E ANNEXED w i ; 2J2.03765 SQUARE FEET tom. $ m w s z5 >om S.JJ ACRES a s o= A n Loi sr„r J j` rrAcrvAAr;ve R,.r sun.rr yr sr o.v � _ � �� 8 J ry S U b D ✓r D f C L Etn'GRON:NLLAGE LIYIIS CM Q O N B7'N'16'E NQ00' 1 Y $ J N Om02w1�Q7wIE B5.00'- PARCEL s S AVAxn _. �4q,a'. B al•es�s w /e1.�a a� r.ar>rDi ELK GROW NLLAGE rrrn RUCKS STREET °•"` iiY O - o .Gr 5rw X W d.a x.m.am. 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