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Home My Public Portal AboutOrdinance 2542r VILLAGE OF PLAINFIELD ORDINANCE NO. 2542 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ROUTE 126 (LOCKPORT STREET) AND VAN DYKE ROAD, PLAINFIELD, ILLINOIS. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESIDENT' AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, THIS 6TH DAY OF APRIL, 2006. ORDINANCE NO. 2542 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ROUTE 126 (LOCKPORT STREET) AND VAN DYKE ROAD, PLAINFIELD, ILLINOIS WHEREAS, the Village of Plainfield Plan Commission has recommended that the application for a special use permit to allow a Planned Unit Development be granted and has made certain findings based on the evidence presented to it in said case that: a. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare; and b. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and c.:; The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted within the district. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS AS FOLLOWS: Section 1. The President and Board of Trustees of the Village of Plainfield hereby adopt and incorporate as their awn, the above findings made by the Plan Commission. Section 2. That the President and Board of Trustees of the Village of Plainfield hereby approve the application by the owner for a special use for a Planned Unit Development for the following tract of land to wit: Lot 1 in Wallin Woods Commercial Parcel B, being a Subdivision of Part of 'the North Half of Section 16, Township 36 North, Range 9 East of the Third Principal Meridian, in Will County, Illinois. Section 3. That said special use permit shall be subject to the following conditions: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the provisions of the Plainfield Fire Protection District. 3. The designated section of pavement to be temporarily used for the drive-thru exit lane shall be removed and replaced with sod and landscaping as depicted on the Landscape Plan at such time that Lockport Street comes under the jurisdiction of the Village, and aright-turn out access onto Lockport Street is granted for the drive-thru facility. 4. Van Dyke Road right-of-way adjacent to the subject property must be formally dedicated prior to occupancy. 5. The applicant shall dedicate a sufficient strip of right-of-way along Lockport Street as determined by the Village (estimated at approximately twenty-sight feet (2$'), in order to accommodate future streetscape improvements to Lockport Street after it is transferred to the jurisdiction of the Village. Such dedication shall occur within 90 days of Village Board approval of this case. 6. The proposed Van Dyke Road access is approved pending the recording of the Plat of Dedication for Van Dyke Road. Section 4. This Ordinance shall be numbered as Ordinance No. 2542 . This Ordinance shall be in full farce and effect from and after its passage, approval, and publication as required by law. PASSED THIS 3rd DAY OF April , 2006. AYES: Collins, Racich, Dement, Fay, Lamb, Manning. NAYS: 0 ABSENT:0 APPROVED THIS 3rd DAY OF April , 2006. LAURIE MCPHILLIPS 1~P R 7006067105 Will County Recorder Page 1 of 15 JAD Date 04/25/2006 Time 09:55:06 Recording Fees: 35.75 IL Rental Hsng Support Prog: 0.00 PLANNED UNIT DEVELOPMENT COMMERCIAL & INDUSTRIAL STATEMENT OE INTENT & AGREEMENT Th' STAT MENT OF INTENT AND AGREEMENT is entered into this day of 2006 (hereafter referred to as the "Agreement's by and between the VI GE OF PLAINFIELD, a municipal corporation located in Will County, Illinois, (hereafter referred to as "VILLAGE'S and FIRST MIDWEST BANK (hereafter referred to as "OWNER/DEVELOPER'. WHEREAS, First Midwest Bank is the owner of record of real estate described in Exhibit "A" (hereafter referred to as "Development'; and WHEREAS, this development is a Planned Unit Development allowing for innovation, creativity and design efforts; and WHEREAS, the Zoning Ordinance provides for Planned Unit Developments that meet the following objectives: (1) To stimulate creative approaches to the residential, commercial and industrial development of land. (2) To provide more efFcient use of land. (3) To preserve natural features and provide open space areas. (4) To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems, and public facilities. (5) Ta accommodate diversification of permitted land uses and variation in the relatianship of uses, structures, open spaces and structural height in projects conceived as a cohesive unified development consistent with the Village Comprehensive Plan; and WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seq.) to adopt Special Uses for the Purposes of establishing a Planned Unit Development. %~~S X NOW, THEREFORE, in consideration of the mutual promises and agreements set Earth herein, the parties hereto agree as follows: 1. INCORPORATION OE RECITALS AND EXHIBITS The foregoing recitals are hereby incorporated into the body of this agreement as if fully set forth and repeated herein. Any exhibit referred to in this agreement and attached hereto shall also be considered Incorporated herein by express reference. 2 ARCHITECTURAL & SITE PLAN DESIGN ELEMENTS It is agreed that unless otherwise approved by the Village, the DEVELOPMENT shall be constructed by OWNER/DEVELOPER substantially as depicted in the Site Plan attached as Exhibit "B"and the Building Elevations attached as Exhibit "C". If this DEVELOPMENT were not developed as a PUD, certain variances would be required. The DEVELOPMENT as provided in the Site Plan may include the exceptions to the Village's ordinances as provided in Exhibit "D". 3. LANDSCAPE PLAN The DEVELOPMENT shall be landscaped by OWNER/DEVELOPER substantially in conformance with the Landscape Plan attached as Exhibit "E". 4. GENERAL SIGNAGE PLAN OWNER/DEVELOPER shall submit to the VILLAGE a sign permit application. All signage shall comply with the Village's sign regulations (Chapter 9, Article XXI). 5. VAN DYKE ACCESS The subdivision plat for Wallin Woods Commercial Parcel B recorded ]uly 20, 1998 as Document No. R9&82650 prohibits direct access onto Van Dyke Road. The Village hereby waives that restriction so that the DEVELOPMENT may have right-in, right-out access to Van Dyke Road as provided in the Site Plan. 6. LOCKPORT ACCESS The subdivision plat for Wallin Woods Commercial Parcel B also prohibits direct access onto Lockport Street. The Village waives that restriction so that in the future as provided below, the DEVELOPMENT may have right-in, right-out access to Lockport Street. At the earlier of when jurisdiction of Lockport Street (Rt. 126) is turned over to the Village or when the State of Illinois consents to such access onto Lockport Street, OWNER/DEVELOPER shall construct access to Lockport Street and make the other improvements to the DEVELOPMENT as provided in the Phase II Site Plan attached as Exhibit "F". OWNER/DEVELOPER shall make such improvements as soon as the engineering has been approved by the Village, weather permitting. 5. AMENDMENTS This agreement may be amended only with the mutual consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the written instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws. Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures consistent with law. 6. ENFORCEMENT This agreement shall be enforceable by any action at law or in equity, including actions for specific performance and injunctive relief. The laws of the State of Illinois shall control the construction and enforcement of this agreement. The parties agree that all actions instituted on this agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to perform any obligation arising from this agreement shalt be deemed to constitute a breach, the party claiming the breach shall notify the defaulting party in writing, by way of certified mailing, and demand performance. No breach of this agreement shall have been found to have occurred if performance is commenced to the satisfaction of the complaining party within thirty (30) days of the receipt of such notice. 7. EFFECT OF SUCCESSORS This agreement shall be binding upon and inure to the benefit of the VILLAGE and its successor municipal corporations and corporate authorities. This agreement shall be binding upon and inure to the benefit of OWNER/ DEVELOPER and their grantees, lessees, assigns, successors and heirs. 8. SEVERABILITY If any provision, covenant, agreement or portion of this agreement ar its application to any person, entity or property is held invalid, such invalidity shall not affect the application nr validity of any other provision, covenants, agreement or portions of this agreement this agreement are declared to be severable. 9. EFFECT OF THIS AGREEMENT The provisions of this agreement shall supersede the provisions of any ordinances, codes, policies or regulations of the Village which may be in conflict with the provisions of this agreement. 10. DURATION This agreement is a part of the Special Use that runs with the land as stated in the Village Code. 11. NOTICE Any notice or demand hereunder from one party to another party or to an assignee or successor in interest of either party or from an assignee or successor in interest of either party to another party, or between assignees or successors in interest, either party shall provide such notice or demand in writing and shall be deemed duly served if mailed by prepaid registered ar certified mail addressed as fallaws: If to the VILLAGE: James A. Waldorf, Village President Christoper Minick, Village Administrator 24401 W. Lockport St. 24401 W. Lockport St. Plainfield, IL 60544 Plainfield, IL 60544 With copies to: Jim Harvey, Village Attorney McKeown, Fitrgerald, Zollner, Buck, Hutchinson, & Ruttle 2455 Glenwood Ave., Joliet, IL 60435 If to any owner of record of any real property Ivcated within the subject property, or the OWNER/DEVELOPER: First Midwest Bank Attention: Mark Dietrich One Pierce Place, Suite 1500 Itasca, IL 60143 With copies to: Mr. Paul M. Mitchell Kuhn, Mitchell, Moss 111 E. Jefferson Ave. P.O. Box 359 Naperville, IL 60566-0359 Or to such address as any party hereto or an assignee or successor in interest of a parry hereto may from time to time designate by notice to the other parry hereto or their successors in interest. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. ~_ "~ T=H_E_VILLAGE OF PLAINFIELD - - a Municipal Corporation .''1 ~ -- - _ By: -- - -- - illage President ATTEST:.... ,~ . By: ,r' J Village Clerk Prepared by and Return to: Village of Plainfield 24401 W, Lockport St. Plai-afield, 1L 60544 Attn: Village Clerk FIRST MIDWEST BANK gy; ~ ~- Mark Dietrich, Group Executive Vice President and Chief Operations Officer LEGAL DESCRIPTION LOT 1 IN WALLIN WOODS COMMERCIAL PARCEL B, BEING A SUBDIVISION OF PART OF THE NORTH '/z OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 20, 1998, AS DOCUMENT NO. R98-82650, WILL COUNTY, ILLINOIS. PIN : 03 -16-106-001-0000 Commonly known as: Vacant Land, 24509 West Lockport Street, Plainfield, Illinois 60544 EXHIBIT "A" Page 1 of 1 ~LLy 7r,~ ~B ~ ~~e ~~~~ ~ ~ y ~q~7~a~ ~Y :q a 8~ga Z ~~~ ~~~~ E ~~ '~;A G C p ~'~a C'7 1 i 4 II ,i ( ~;I `_' ( I O i ~'~ i i ( v~ i ti w;,~ wI~ F~ ~]f I I 'I 1 I 1 ji ~' ail al H'. ~°3~ i f~ y~~~ ~~~ ~~~~ ~~~~ ( '~~7~ i ,... iii ul ..'i ~.. ~ ~y~~ ~d~~ ~~ 1 1 __- I ~ ' ~~y~31~ ~W+ ia+~ ~0.'i i ,00'0(77 M „bOLU.OU '_, _ _ ~. ~2_` Q r tl ~ ~T T ,. ___ ~~~ ~ 1 ~. ~,. ~ IIIryI~~~II II~~TI~~~ IIII71111 ~,_,1 ~~ t ~` t ~ i '\ F ~ a ~,7: ~ w .. -_ , _. _ _ '' ''__ _ \ ~ ~ i -- n -- - i `' u~ ~ i i 1 ~Y- ~ \ wc~ ~~ \ ~; it (, - ~ ~ ~ r- - - .~. i ~ I - ~ ~ ` ` `gin j ~~~ \ \ ~' ~ ~. ~~ V ~\ ,W I i ~~ ~n -0 ~ '"' F i \ i ... .~_ `r'~ ~,.._._..._ -„1...~ (~ ~~ ~ II Ali ~~ i I ~~~ - _ i ~ r 1~L O225'20 ~A ... _ - K 10A( ~- '. .- i I ~~ ~~,~: - ~~~~ ~~~ -------.....---- -- - - - - - - nX~r _ - -- ,- ,-- -- _ _ - ~: 5g~.. ~~~ __- .-__ -_--- Z ~~ ~~~ VAN "" a~~~~ ~~~____ --- ------- -----__________=__==----- w / ~ T ll~ z ~I d - it ~ dy , ~ _. ~ _ ~ ~, - ~ ~ w 's ~ z ~ - m - o ~~` o Q ~ 3 7 A Z S ~ o ~ WW~ ~ ~ ~~ J ~ W ~~..f ~ ~ J ~ 3 i~ w I W W ' I. . Z , ~ ~ rn v Y «~ W ~ ~ a~ I~I'I _ ' l '" ~~ . z l ~ I ~ i ~ t W Z a ~, I. ~~ II III a f ~~ I I ~ EXHIBIT "B" Page 1 0~ 1 ~~!~ ~~ x~H~aw -- _. . o'~6Y ~111~JI3H 3`>oH3AY _-_._. ... r~-G4 'JH91lH W~Wixhy ...... EXHI$IT "C" Page 1 of 4 0 ~- ~5 w.. ~W o~ ~~ ~~!4~' ~lb'NdJM 2~N~IW ~ I i I I ..~- ~ , F i i i I ~ - - , ~ " r i ~ , ...-- i , ~_ ~ ~ _l ~ ~ } ~ t ~ r L L1 ~ h', i I ~ ~ +: } ~ ~ .~ I _~ t t... t_f_. ~ C t.:.ll,~l ~ _:. !_ r~t ~_ ~~ - !-.i : t..,_.1 ~ . .. r. :.., i t ,..f .l ~~ ~:~ tt ~ ~~ ~.~ ~~ L~~: ~ ~I ~ :: ~ ~. -~.. . ___~ . x ~~, ti~ ~~'' ~ ~ ~- ~~!4~'p' 9NI~lI~Nb'YV ?13N':nIW Z 0 W ~5 w~ x, ~M ~ly EXHIBIT "C" Page 2 of 4 ~xxx$zT "c" Page 3 of 4 0 w 'a J w m ti M w ~I~ ~~FM~p' JNI~1dNdLV ~N'~1W ~~ ~~ ~ ~ EXHIBIT "C" Page 4 of 4 x _~ ~,~ J ;t W ~ M V7 ~ ~ U ~~4!~iV' ~NI~'IdNI~'LV tl~l~~l W EXCEPTIONS TO ORDINANCE 1. Drive-aisle width reduced from 26 feet to 24 feet (Ch. 9, Article XXII, Sec. 9- 261; 2. Building height increased frarn a maximum of 35 feet to an average of 42 feet, 3 inches, (with the majority of the roof being an average of 43 feet) and to a maxinnum height of 45 feet (Ch. 9, Sec. 9-120(1)); 3. Total area of all landscape islands reduced from 12,191 square feet to approximately 2,352 square feet (Ch. 9, Article XXII, Sec. 9-259(2)(b)(I)). NOTE: CALCULATION INCLUDES .INTERIOR AS WELL AS END- ISLANDS, BUT NOT BUFFER YARDS OR FOUNDATION PLANTINGS. 4. Parking encroachment into a utility easement along west line (Ch. 7, Article II, Sec. 7-205(d)); 5. Percentage of shrubs and ground cover plantings increased from 75 percent to 89.23 percent at Phase I and to 89.24 percent at Phase II (Ch. 9, Article XXII, Sec. 9-259(2)(b)(1); 6. Foundation plantings omitted. along the east building facade (Ch. 9, Article XXII, Sec. 9-259(6); 7. Average footcandles along the south, east, and west property lines increased from 0.5 footcandles, to 0.'73, 0.90, and 1.23 footcandles respectively (Ch. 9, Article XXII, Sec. 9-264(6). EXHIBIT "D" Fage 1 of 1 al~+llll 'PIa1LylSld . 'iS i•~o~ICfd"1 i~M 605$$' ~` W L iea4$ 9005• S L • ri0 ~1r•dB i~aM1a1W i$+Id NVId 3db'~SONb'l :31`dd 08ZZ-ZZL-9L8 ll `131"10( 1S OJ`d~IH~'~S Lfi4£ ~~~sanN a~i~~d ~ I I ~ • i ~ 1 m w 1 Y u ~ r ....... ...~.. ,...... :.,.: i 1 1 ~ ~ ~. --rtr~-' '- Q. ~ ,~ ~ y g _ ~\ ca FI tr ~gd - ~ . ~\ ~~ y L2 1 I d ~ M .+" ~ I d W r '- .~ ~ ~ ~ I I - \ \ F. { I i w~' ~ ; - '~ n s 11 i ~ ~ .w ~ L ^.,~ bao,. - - ....... , -_ µ-_ ?ry . ;. - -- ,. _: •- --- _ _ -. -. -- q I ~I ~Y ~ ~ ~~ ~ ~ ~~ a ~ ~. ~~p 5 "sy Lwa ~ ~ a~ ~ 'rs~ c ,~ tl ~ s:amlae 51r q~ ap;lia,¢~ 3urovrxLLl~ 3 ... .... ., ~ ., ., _ .. m 8 a 3 4~ x e~ ;, i N tB Po EXHIBIT "E" Page 1 of 2 _ ala+llll 'PIeIA+l~ld 'iS 3JOd]1967 i~~M 60lC'b~ A W 8 i0®4S 9003x• @ i • £O y11l0g i~MPIW i9~lil NVld ddb'OSaN'dl 31Va 08ZZ-ZZL-9l8 ll `l31'lOf '1S OJb'OIHO'OS L6l£ II ~I O M,I I'. ~'I ~, ~~I ~~ ~ , t'l ~~ I H w ~' .I ~, ~_ Y r-NTI - h II 1 _,,, ~ X #~ ~~ _ ®3 _. ) 4 • r IS 6~ ( ~ ...:KZ I.. Q .~. ~r- -- - ,~~,, , ;r ~ rr ~-.. -. ~ ~~~~~_ ~ _ a b ALL. _ o- ~ ~. z ~-~, ~ I ~ ,~.~ i :. •. f: z~ . ,~.. N~ ~. ~ ~ ~. ~- ~ ~ x ~ Y ~ IW 1'A r o '~ -- - ,, ~ ~ ~ tl ~~ ~~ ~ ~ .~ ~~ f ~~ \.l uQp I Y _ ~ % F I 1 - ;b ~. n ~ ~p~ ~d n ~~- ~g5 ~~ 52~ X" $ ~~ i, i %/ ~- y ~ ~q} P l ~ ~~ I '7 f ~ P ., ~ a ' u ~ .~i ( I I ~, . 3 'f 3' g ~ ~ ~ 9 ` ~ Y ql ~ ~ ~ ~ ~ ~ y~ 8 3 W 1 ~ W ~ Y G ~ ~s 1 , a ~~ ~ c~'~~? ~~ ~~ s ~ ~ .Y Y' ,~, ~ ~ ~ ? '' 1 ~ ~ ~ $ s ~~ i ~ ~ ~ ~ k ~~ ~ r ~ ~ ~~ ~ ~ ~ ~ k, °' J r ~ ~ v' g~ ~ y 3 ~ a a r ~` z e ~, ~~ 7 S ~' ~~ a ~ ~ a F~ Iy a t W g ~~33 w~ ~ '~¢s18 "33~ - ~ ~ ~ ~ 3 ~ t N I r S ~ ~ ... z 4 ~ ~ ~ . w a'1 9 y 9 ~ ::~ ~ u ~ y ~.~ ~ j . 4 ~ ~i y ~a~s~nN a~md d Z ~ ~.. ~. EXHIBIT "~" Page 2 of 2 0 V EXHI$IT "F" Page 2 of 2 Kuhn Mitchell Moss Klltlll, Mitchell, Moss, Mork ~ Lechowicz, Id,C Al,torneys at i.,aw f)aniel L. Kuttrl i'aul M. Mitabcll Jonathan Y. Molls Robert I. Mork Alan E. Lec'howiar March. 22, 2006 VIA FEDERAL EXPRESS Village of Plainfield Attn: Michael J. Schwarz, Planner 24401 W. Lockport Street Plainfield, lllinois 60544 Re: First Midwest Bank Dear Michael: Please find enclosed. two executed copies of SIA. S~rely, ~~~ Paul M. Mitchell Ryan J. liurrin~r,nn Thorntrs I,a~cntakes '15~trCic A. ;lablonsky Jr.,nnifer B. Martyrs Kathleen M. Kcnn,y Amy Jorgensen Kaln William D. Cbcrn,y ~~o~ivl~~ ,,,,,;,';~ ) ~ ? 006 ~~I~L~,c7~ of ~~_h)~FIeL.n 1 1 1 ISar;t Jefferson Avenue. • Post Okl'ice l3ox 359 • Naperville, Illinois t05fiG-0359 1'ktonc (fi30) 355-1700 • } :nx ((i3U) 355-0458