The URL can be used to link to this page

Home My WebLink AboutORDINANCE - 3599 - 3/26/2019 - Commonwealth Edison Annexation - Midway CourtORDINANCE NO.3599 AN ORDINANCE ANNEXING, REZONING AND GRANTING A SPECIAL USE PERMIT FOR CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE AND THE GRANTING OF VARIATIONS OF THE ZONING ORDINANCE AND VILLAGE CODE (COMMONWEALTH EDISON) WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by Commonwealth Edison, 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 4.6 acres to be annexed and to be rezoned, which property is located at 1500 and 1510 Midway Court; 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 8, 2019, 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 will be 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. 18-19 duly passed and approved this 26 h day of March, 2019 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, 5/7-1-8 and 5/ 11-15.1-1, 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 Restricted Industrial District. Section 3: That pursuant to Public Hearing and recommendation and finding of the Plan Commission, the Village hereby grants a Special Use Permit to operate an electrical substation and hereby grants the following variations of the Village's Zoning Ordinance and Village Code: a - A variation of Section 8-3A-12-D-10 of the Village Code from the requirement to plant parkway trees. b - A variation of Sections 3-7-D.3, 3-7-D.5, 7-1 and 7E-9.A of the Zoning Ordinance to allow maximum fence/wall height of twenty five feet (25') and to allow for the siting of fences, walls and other Substation structures within the required setbacks. c - A variation of Section 7-1 of the Zoning Ordinance to exceed the height limits to allow a principal building height of up to sixty-nine feet (69') and to allow transmission structures to a maximum height of one hundred twenty-six feet (126). d - A variation of Section 8-8A-3-B.1 of the Village Code and a variation of Sections 3- 7-E.4, 4-3-C.2 of the Zoning Ordinance to allow gravel driveways, parking and loading areas, excepting the driveway apron. e - A variation of Section 3-7-E.3 of the Zoning Ordinance to allow loading and unloading within sixty feet (60') of Midway Court. f - A variation of Section 7E-8-6(B) of the Zoning Ordinance to allow more than 20,000 gallons of flammable materials (in this case, transformer oil) to be situated within the Subject Premises and within fifty feet (50') of the lot lines. g - A variation of Sections 3-6.13 and 3-7.13 of the Zoning Ordinance from the limitations concerning the number of principal and accessory structures and the bulk dimensions for accessory structures to allow the full development of the planned Substation as shown in approved site plan. h - A variation of Sections 8-1213-1-1(A)(3)(b) and 8-12B-1-1(D) of the Village Code to waive the required easements. i - A variation of Section 8-12B-1-2(K) of the Village Code to allow above ground utility facilities, with the exception of non -electrical building services which shall be located underground. j - A variation of Section 8.313-2B.10 of the Village Code with respect to exterior material requirements for compartments, equipment and structures of the Substation with the exception of the primary Substation building, which will adhere to the exterior material requirements. k - A variation of Section 4-3(C)(6) of the Zoning Ordinance to waive the 0.5 foot candle requirement for parking lot and drive aisle. Section 4: 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 5: That the Village Clerk is directed to amend the official Village map in accordance with the provisions of this ordinance. Section 6: That the Village Clerk is authorized to publish this ordinance in pamphlet form. Section 7: 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: Trustees Franke, Lissner, Petri, Czarnik, Feichter, Prochno NAYS: None ABSTAIN: None ABSENT: None PASSED this 26th day of March 2019. APPROVED this 261h day of March 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PUBLISHED this 291h day of 2019 in pamphlet form. EXHIBIT A PERMANENT INDEX NUMBER: 08-22-401-052-0000 THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE I 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF OLD HIGGINS ROAD, (AS ORIGINALLY LOCATED), WITH THE WEST LINE OF SAID EAST HALF, THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 213.8 FEET TO THE EAST LINE OF THE LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANYFOR THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EAST LINE 834.29 FEET TO A LINE 16.5 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH 20 ACRES OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE EASTERLY ALONG SAID PARALLEL LINE 40.27 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTH WEST TOLL HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE 338.28 FEET TO A LINE 277.77 FEET EASTERLY OF (MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE EAST LINE OF LANDS CONVEYED TO THE COMMONWEALTH EDISON COMPANY; THENCE SOUTHERLY ALONG SAID PARALLEL LINE 646.90 FEET TO CENTER LINE OF OLD HIGGINS ROAD AS ORIGINALLY LOCATED; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 282.79 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF MIDWAY COURT) IN COOK COUNTY, ILLINOIS. SITUATED IN THE COUNTY OF COOK AND STATE OF ILLINOIS. 1 v66 $� RR 7 �3tlw RR 4 gg KI/C 6InCE r/7 Of iKYr%tK YG 11—It—II ��R��§q �� '+bo COMMONWEALTH EDISON RIGHT -OF -WA b 10, AN li9 oa `'ioFv ARI oil gAV � $'�� R 3t rawrs.v u.�s•pxr7 �\ \ K� q �uA 'aaap# yEJZy` !�j AT — got 1, d 2 q o`rZ° o '�6y A RR pit $ ouEDwiupD DILLOH, vLS, L .•�.. RVLv .ww¢rYRA.oR RLRros vRDTEssnL6L, esx;�nRK ANNEXATION PLAT DLL C�L'RE L. ILL STREET. -�- BRED+ I L11C. �L RE sE-oo.� ® 20E1 TREET. 6 /500 MIDWAY COURT OLE: (6JE)J)6-)M3 CELL: (] 9)rJE-B6tJ 6i 5.b3.TrB fit5.3B3.i )B� dl•+-,bl R.DiLOLOLOKED.LOu RDREEN.co