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HomeMy Public PortalAboutOrdinance 2371ORDINANCE NO. 2371 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT ROUTE 59, SOUTH OF JOSEPH AVENUE, 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 own, 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 permit to permit a planned unit development for the following tract of land to wit: SEE EXHIBIT "A' WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Section 3. That said special use permit shall allow for a Planned Unit Development subject to the following condition: 1. Execution of the attached Statement of Intent and Agreement. Section 4. This Ordinance shall be numbered as Ordinance No. 2371. This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. PASSED THIS 1st DAY OF December , 2003. AYES: Collins, O'Connell, Waldorf, Rock. NAYS: 0 ABSENT: Swalwell, Thomson, Fay. APPROVED THIS 1st DAY OF ;~ `~_. .~ ;, F - - __ ~'~ VILtA~E C ~ RK ATTEST: December , 2003. VILLAGE PRESIDENT ORDINANCE NO. 2371 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT ROUTE 59, SOUTH OF JOSEPH AVENUE, 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 own, the above findings made by the Plan Commissian. ' 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 permit to permit a planned unit development for the following tract of land to wit: SEE EXHIBIT °'A' WHICH IS ATTACHED HERETO AND MADE A PART HEREOF Section 3. That said special use permit shall allow for a Planned Unit Development subject to the following condition: 1. Execution of the attached Statement of Intent and Agreement. Section 4. This Ordinance shall be numbered as Ordinance Na. 2371. This Ordinance shall be in fiull farce and effect from and after its passage, approval, and publication as required by law. PASSED THIS 1st DAY OF December , 2003. AYES: Collins, O'Connell, Waldorf, Rock. NAYS: 0 ABSENT: Swalwell, Thomson, Fay. APPROVED THIS 1st DAY OF December , 2003. VILLAGE CL~+RK VILLAGE PRESIDENT ATTEST: Updated 3/17/03 PLANNED UNIT DEVELOPMENT COMMERCIAL & INDUSTRIAL STATEMENT OE INTENT & AGREEMENT ~~~a ~_e~_ ~~~- d~~ ~- ~3-~~--~a~ -0 /.3 This STATEMENT OF INTENT AND AGREEMENT is entered into this ~ day of , 2003 (hereafter referred to as the "Agreement's by and between the VILLAGE OF PLAINFIELD, a municipal corporation located in Will County, Illinois, (hereafter referred to as "VILLAGE'S and Rich r Searls(hereafter referred to "OWNER" or "DEVELOPER'. WHEREAS, Richard Searls is the owner of record of real estate described in Exhibit "A"and commonly referred to as Timbers Professional B ildin (hereafter referred to as "DEVELOPMENT"); and WHEREAS, this development is a Planned Unit Development allowing for innovation, creativity and design efforts; and WHERAS, the Zoning Ordinance provides for Planned Unit Developments that meet the following objectives: (1) Ta stimulate creative approaches to the residential, commercial and industrial development of land. (2) To provide mare 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) To accommodate diversification of permitted land uses and variation in the relationship 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. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth 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. Page 1 of 4 Updated 3/17/03 Any exhibit referred to in this agreement and attached hereto shall also be considered incorporated herein by express reference. E i i A = Le~a1 D cri Lion of P_ roPerty Exhibit B W ~i~g Plan Exhibit ~ = L ndsc in Plan Exhi i D =Architectural Rendering 2. NON-RESIDENTIAL DESIGN The OWNER and DEVELOPER agree to fallow the provisions of the Design Guidelines for Planned Unit Developments that pertain to Non-Residential Guidelines and Landscape Design for this DEVELOPMENT. The Guidelines are intended to help assure the design excellence of the project. The DEVELOPMENT should follow the recommendations, at a minimum. Supporting Documents have been attached to demonstrate how the DEVELOPMENT will comply with the Design Guidelines for Planned Unit Developments. Any modifications and additions to this section are attached as Exhibit E there are no modifications, no exhibit attached . 3. FENCING The DEVELOPMENT shall provide that all fencing in areas adjacent to residential developments, park sites, open spaces or commonly owned spaces shall be the sametype, color, and height throughout said areas and in conformance with Village Ordinances. Furthermore, the fencing will we surrounded with landscape to soften the impact of large areas of fencing. Wherever possible, the use of landscaping is strongly encouraged to substitute as a screening function for fencing. 4. AMENDMENTS This agreement, including the attached exhibits, 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 farm 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. 5. ENFORCEMENT This agreement shall be enforceable by any action at law or in equity, including actions far 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 shall be deemed to constitute a breach, Page ~ of 4 Updated 3/17/03 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. 6. 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 DEVELOPER and their grantees, lessees, assigns, successors and heirs. 7. SEVERABILITY If any pravision, covenant, agreement or portion of this agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other pravision, covenants, agreement ar portions of this agreement this agreement are declared to be severable. 8. 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. 9. DURATION This agreement is a part of the Special Use that runs with the land as stated in the Village Code. iQ. NOTICE Any notice or demand hereunder Pram 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 follows: If to the VILLAGE: Richard A. Rock Village President 24000 W. Lockport St. Plainfield, IL 60544 Terry L. Burghard Village Administrator 24000 W. Lockport St. Plainfield, IL 6D544 Page3of4 Updated 3/17/03 With copies to: Jim Harvey, Village Attorney McKeown, Fitzgerald, Zallner, Buck, Hutchinson, & Ruttle 2455 Glenwood Ave. Joliet, IL 60435 If to any owner of record of any real property located within the subject property, or the OWNER/DEVELOPER: Ri hard Searls 17607 Williamsburg Dr. Plainfield, IL 60~ Or to such address as any party hereto or an assignee or successor in interest of a party hereto may from time to time designate by notice to the other party 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 THE VILLAGE OF PLAINFIELD OWNER: a Municipal Corporation ~~ BY Village resident ATTE57: BY ~-~~ `~ Village Cler RECORD & RETURN TO: Village of Plainfield Village Clerk 24000 W. Lockport St. Plainfield, IL bOSfi0 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTLON LOTS 2 AND 3 IN MARYBROOK, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF THE SOUTHEAST FRACTIONAL QUARTER, LYING NORTH OF THE INDIAN BOUNDARY LINE, AND PART OF' THE SOUTH 68.0 FEET OF THE NORTHEAST QUARTER, IN SECTION 4, TOWNSHIP 3G NORTH, RANGE 9 EAST OF THE THIRD PRINCLPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 3, 1955, AS DOCUMENT NO. 787028, IN WILL COUNTY, ILLINOIS. _ ~ ~~~~ ~ o a i11 ~ ~ g ~j~ °o~o o ~ N 7 ~ _ ~ -- ~ ~ A a ie ~;~~~r ~~ ~~~U ~~ T // ~ A ~ R ab ~ ~ ~ ~ ~~ ~` ~7~ ss _, dI~ // ~ Q~ ~~3;3 h i ~k a . ~~ ~wo~a erg, -- --- .., ~ - ~ ~ ~ 9 aaASr+~o 1 ~ ?~ iS ~ ~ i M1 i ~ u s ~~~~ ~ 7I I ~ ' 6 d o' i ~ 1 • :-~ - Y ~w y o a 4.._ - .. .. o~ ~S ~ - ~ 5~ -_•QQC-}~~- ~ I ~ I' R ~ s ~ I• :•~ Z~U IYS .. I: I. ~ .~ W~2 ~ Q t;15 -'I I' ~ CL U b ~ _ -... ~ ~ ~~ ` ~ ,~ Q ~ -----'~ i ~ , ~'a ~~ .lid d :I-~ '~~.1 ' i gq 1i.. ~ .. it k• • • • ~ e ~ ~• ~ dtS :s Y ~.-... ........ .. Ifs.. 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LI i! it *~ I I I~I J ~ _ - i - .L~ W ~ r -= ~~ ~r~. f-~.. --i ~~ ~~~ ~~ ~~ a ~~ ~~ I. ~~ O ~ pl I w:: ~, a ";~ d ~ ~ uii 4~1~ ~~ o~~ ---~~ Z i i i. i~ i~ ii C' ii is i ~ ~: QI w i ~o ~, _~ -~, °~~ VILLAGE OF PLAINFIELD ORDINANCE NO. 2371 AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT ROUTE 59, SOUTH OF JOSEPH AVENUE, PLAINFIELD, ILLINOIS. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESEINT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, THIS 3RD DAY OF DECEMBER, 2003. VILLAGE OF PLAINFIELD ORDINANCE NO. 2371 AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO PERMIT A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT ROUTE 59, SOUTH OF JOSEPH AVENUE, PLAINFIELD, ILLINOIS. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESEINT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, THIS 3RD DAY OF DECEMBER, 2003.