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HomeMy WebLinkAboutS-919 Miller Davis Annexation Ordinance No . s-919 47 February 12, 1969 VOLUME xxx4 , Petition to Rezone to B-3 and R-2 with a Special Use for College AN ORDINANCE Purposes Property Located at 405, 411, 417, 423 and 429 Leslie, ANNEXING PART OF SECTION 2 , TOWNSHIP 41 NORTH , RANGE 8 EAST OF East of and Adjacent to the Easterly Ends of Leslie Street and THE THIRD PRINCIPAL MERIDIAN AND PARTS OF THE SOUTHEAST QUARTER Ranch Road, and Hazel Drive Extended Approved OF SECTION 33 , AND OF THE SOUTHEAST QUARTER OF SECTION 34 , IN TOWNSHIP 41 NORTH , RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN , Attorney Lyle Brown appeared before the Council with a petition to annex and rez KANE COUNTY , ILLINOIS , TO THE CITY OF ELGIN , KANE COUNTY , ILLINOIS to B-3 and R-2 with a Special Use for college purposes property located immediatell WHEREAS , a petition on signed by all of the owners of record I west of and contiguous to the Willow Lake Estates Mobil Home Park and the Holiday of , and electors residing on , the territories hereinafter Inn Motel and east of the Riverside Manor Subdivision. He presented a map of th ibed b d r as1 h s een fi a w ' h heler and sca 1 it t C k . a ' area in question and explained the requested zoning as R-2 with a Special Use f de parcelCity ` expansion of Judson College on Parcel 4. Parcels 1, 2 and 3 are being requested B-3 zoning. Mr. Brown stated that there are no WHEREAS , the territories hereinafter described as parcels prospective purchasers for Parce 2 , 3 and 4 consist of roadway tracts owned by the City of Elgin , Parcel 3 consists of 12 acres and is being acquired by the Holiday Inn with a p and sibility of being developed for office space for the National Association of Sta High School Athletic Association for their national headquarters . { WHEREAS , said petition requests the annexation of such territories to the City of Elgin , Illinois , and contains therein Mayor Alft asked the acreage of each parcel. Atty. Brown stated that parcel 1 c a statement under oath that all the owners of record and all of i sists of 1.5 acres; parcel 2, 3.4 acres; parcel 3, 12.66 acres; and parcel 4, 12 the electors residing on the land described as parcel 1 , within acres . Councilman Barber asked to what degree of firmness has the National Assoc such territories have joined in such petition , and ation of State High School Athletic Association agreed that it will locate in this , area . Atty. Brown felt sure they would locate in this area and stated that the de. i j WHEREAS , the City of Elgin and the owners and developers of velopers have agreed to finance the amount necessary to bring in utilities . Plans said property have heretofore entered into an Annexation Agreement 1 IIare being made at the present to hook onto utilities from Willow Lake Estate to after public hearing as authorized by Resolution of the City service this new development. Council of the City of Elgin , containing conditions and agreements as to zoning and use of said property if annexed to the City of The City Manager pointed out the fact that the Riverside Manor Subdivision wouldbt Elgin , and 1 ' surrounded should the Northern Illinois Gas Company petition to annex their parcel I`H 'I'I adjacent to parcel 1. He cited the desire for city water as the reason for annex WHEREAS , said petition requests that in the event said lands these areas . He stated that it will be difficult to determine who will pay for „ „ are annexed to the City of Elgin , that they be zoned M-1 Limited oversize in water mains and sewer lines and felt that the Engineering Department Manufacturing District tri Ct as set forth i n the Elgin n Zoning Ordinance 1 should 99 9 studythese facts alongd, III'Iwith the developers . He also stated that this r I 1 I p p ( Chapter 21 of the City Code of Elgin , Illinois ) as amended , H is prime land and of great value to the City of Elgin, assessment wise for taxing!. further subject to the conditions and restrictions set forth in pose . said Annexation Agreement entered into by and between the parties , and The Plan Commission and Zoning Board of Appeals unanimously recommended that the ~, petition for rezoning be approved. An annexation petition is pending contingent WHEREAS , before the execution of said Annexation Agreement and upon receiving the proper zoning. Atty. Brown stated that a petition to vacate a..k prior to the filing of said petition for annexation , a written h portion of Leslie Street in the petitioned area will be forthcoming. report was prepared and forwarded to the City CounCi 1 , City of Elgin by the Plan Commission pertaining to the development and use • I Councilman Barber made a motion, seconded by Councilman Rauschenberger, authorizisi of the territories described in said petition , and { I the Corporation Counsel to prepare an ordinance for the annexation of the four pa j and an ordinance rezoning parcels 1, 2 and 3 as B-3 and parcel 4 as R-2 with a Sppet Use for college purposes . Yeas: Councilmen Barber, Rauschenberger, Santanni, To WHEREAS , the matter of zoning was heretofore referred to the Zoning Board of Appeals of the City of Elgin to publish notice and and Mayor Alft. Nays: None. conduct the necessary public hearing , all as in the Statute made and provided , and ! Ordinance Passed Annexing the Miller-Davis Property WHEREAS , the Zoning Board of Appeals of the City of Elgin , has duly advertised and held a public hearing pertaining to the zoning Councilman Tillery made a motion, seconded by Councilman Santanni to pass an ordi providing for the annexation of the Miller-Davis y� of said property and as recommended that said lands be classified p g property to the City of Elgin. as M- 1 , Limi ted Manufacturing District , as rovi ded i n the Elgin Councilmen Barber, Rauschenberger, Santanni, Tillery, and Mayor Alft. Nays: None' g p Zoning Ordinance , and WHEREAS , the City Council of the City of Elgin concurs with such recommendation made by the Zoning Board of Appeals for the City of Elgin , expressly provided that those certain conditions and f . , restrictions set forth in the Annexation Agreement and hereinafter [' restated be imposed to protect the residential character of certain adjoining property . 1 y.; , 1 . --7r— I NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF parcel No , 2 : That part of fractional Section 2 , Township ELGIN , ILLINOIS : 41 North , Range 8 East of the Third Principal Meridian , in the Township of Elgin , County of Kane , State of Illinois , Section 1 , That the territories and lands described as described as follows : Beginning at the Southwest corner of follows , to-wit : the Southeast quarter of Section 33 , Township 42 North , Range 8 East of the Third Principal Meridian ; thence Easterly along Parcel No . 1 : That part of Section 2 , Township 41 North , the South line thereof , a distance of 1 , 757 , 0 feet to a point ; Range 8 East of the Third Principal Meridian , and part thence Southerly on a line forming an angle of 89 degrees 43 ' of the Southeast quarter of Section 33 and part of the to the right with the last described South line , a distance Southwest quarter of Section 34 , all in Township 42 North , of 616 . 5 feet to a point ; thence Easterly on a line forming Range 8 East of the Third Principal Meridian , described an angle of 89 degrees 43 ' to the left with the last described as follows : Commencing at the Northwest corner of the line extended , a distance of 1 , 799 . 8 feet for a point of Southeast quarter of said Section 33 , thence South along f beginning : Thence continuing Easterly along the last described the West line of said Southeast quarter , 1155 feet to the line extended , a distance of 224 . 80 feet to a point ; thence Northerly line of Parcel No . N-4D-62 acquired by the Southerly on a line forming an angle of 97 degrees 50 ' to the Illinois State Toll Highway Commission through proceedings right with the last described line extended , a distance of filed in the Circuit Court of Kane County , Illinois , as 826 . 00 feet to a point ; thence Northwesterly on a line forming Case No . 57- 305 ; thence South along said West line , 1487 an angle of 168 degrees 17 ' to the right with the last des - feet to the Southwest corner of said Southeast quarter ; cribed line extended , a distance of 204. 26 feet to a point ; thence South 89 degrees 25 minutes East along the South thence Northerly on a line forming an angle of 9 degrees 17 ' line of said Southeast quarter , 1292 . 5 feet to the North- to the right with the last described line extended , a distance east corner of Lot 96 of Third Addition to Century Oaks ; of 400 . 36 feet to a point ; thence Northwesterly on a line thence Southerly along the Easterly line of said lot 96 , forming an angle of 38 degrees 22 ' to the left with the last 24 . 75 feet to the Northwest corner of Lot 95 of said described line extended , a distance of 255 . 49 feet to the point Subdivision ; thence Easterly along the Northerly line of of beginning , all in Kane County , Illinois . Lots 95 , 94 and 93 of said Subdivision ; 466 . 6 feet to the Easterly line of said Subdivision ; thence Southerly Parcel No . 3 : That part of fractional Section 2 , Township along said Easterly line , 344 . 69 feet to the Northwest 1 41 North , Range 8 East of the Third Principal Meridian , in corner of a tract of land conveyed to Kane County Forest the Township of Elgin , County of Kane , State of Illinois , des - Preserve District , by deed dated August 20 , 1957 , and cribed as follows : Commening at the Southwest corner of the 46_ recorded March 6 , 1959 , in Book 1948 page 9 as document Southeast quarter of Section 33 , Township 42 North , Range 8 883856 ; thence Easterly along the Northerly line of said East of the Third Principal Meridian ; thence Easterly along Kane County Forest Preserve District tract , 875 feet to the South line thereof , 1757 feet ; thence Southerly on a line the Northeast corner thereof ; thence Southerly along the forming an angle of 89 degrees 43 ' to the right with the Easterly line of said Kane County Forest Preserve District last described South line 616 . 5 feet ; thence Easterly on a tract , 248. 91 feet to the Northerly line of a tract of line forming an angle of 89 degrees 43 ' to the left with the land conveyed to Forest Preserve District of Kane County last described line extended 1799 , 8 feet for the point of by deed dated July 6 , 1928 , and recorded August 6 , 1928 , beginning ; thence Southeasterly on a line forming an angle in Book 879 page 220 as Document 311519 ; thence Easterly of 57 degrees 02 ' to the right with the last described line along said Northerly line , 1228 feet to the center line of extended 255 . 49 feet , said line hereinafter referred to as State Route 31 ; thence Northerly along said center line , line "A" ; thence Southerly on a line forming an angle of 2109 . 1 feet to the Northerly line extended Easterly of 38 degrees 22 ' to the right with the last described line Parcel No . N-4D-62 . 1 acquired by the Illinois State Toll extended 400 . 36 feet , said line hereinafter referred to as F Highway Commission through proceedings filed in the line " B " ; thence Northwesterly on a line forming an angle Circuit Court of Kane County , Illinois , as Case No . 57- 305 ; of 135 degrees to the right with the last described line thence Westerly along the extension of and the Northerly extended to a line drawn parallel with the 66 feet Westerly line and the Northerly line extended Westerly of said of (measured at right angles thereto) said line " B " ; thence Parcel No , N-4D-62 . 1 , 4237 . 5 feet to the point of beginning Northerly and Northwesterly parallel with said lines " B " ( except that part acquired by the Illinois State Toll and "A" to a point North 88 degrees 45 ' West from the point Highway Commission through proceedings filed in the Circuit of beginning ; thence South 88 degrees 45 ' East to the point Court of Kane County , Illinois , as Case No . 57- 305 , ) in of beginning . Elgin and Dundee Townships , Kane County , Illinois . Parcel No . 4 : That part of fractional Section 2 , Township 41 North , Range 8 East of the Third Principal Meridian , in the Township of Elgin , County of Kane , State of Illinois , described as follows : Beginning at the Southwest corner of nothing • in this restriction shall be construed to prohibit use the Southeast quarter of Section 33 , Township 42 North , concerned disassembly , fabricati with the operation of ng , repairing , storing ,blishments for the manufacture , cleaning , Range 8 East of the Third Principal Meridian ; thence Easterly assembi ng , or testing of materials , goo or products , provided along the South line thereof , a distance of 1 , 757 . 0 feet to servition of such use conforms with the applicable regulations and a point ; thence Southerly on a line forming an angle of 89 cpeformance standards as setforth in the present Elgin Zoning Ordinance degrees 43 ' to the right with the last described South line ;er a distance of 616 . 5 feet to a point ; thence Easterly on a The Owners and developer, their heirs , successors and assigns line forming an angle of 89 degrees 43 ' to the left with the 2' last described line extended , a distance of 2 ,024 . E feet to kill install and maintain a 100-foot wide buffer strip of green a point ; thence Southwesterly on a line forming an angle oelting on that portion of said territory which abuts the boundary of 97 degrees 50 ' to the right with the last described line lines of the Third Addition to Century Oaks Subdivision residential , contiguous to the above described real estate , which green extended , a distance of 928. 00 feet for a point of beginning ; will not be utilized for buildings , vehicle parking or lots thence Southwesterly on a line forming an angle of 7 degrees beltreads strip, provided that any road or roadway constructed adjacent to 25 . 5 ' to the right with the last described line extended , a the North boundary thereof may utilize said green belt area as a distance of 140 . 00 feet to a point ; thence Northwesterly on a 1 i ne forming an angle of 123 degrees 39 . 1 ' with the last shoulder and requi red right- of-way , so long as no portion of the described line extended , a distance of 135 . 19 feet to a pavement or traveled portion of such road extends into the green point ; thence Northeasterly on a line forming an angle of belt area . Large shrubs may be planted within five feet of the . 48 degrees 55 . 4 ' to the right with the last described line South boundary line on the North property line of the Northern extended , a distance of 50 . 00 feet to a point ; thence South- Illinois Gas trip , where the same abuts the Century Oaks Residential easterly on a line forming an angle of 90 degrees 00 ' to Subdivision and grass and small shrubs may be planted on the balance the right , a distance of 120 . 00 feet to the point of of said strip , so long as the same at no time ever becomes impediment to the construction , maintenance and repair crews of Northern I l l i not s beginning , all in Kane County , Illinois , gas Company , its grantees , successors or assigns . . be and they are hereby annexed to and made a part of the City 3, In addition to the aforementioned 100-buffer area there of Elgin , Illinois , and that the boundary lines of the City of shall be a 50-foot set back area North of and parallel to said 100- Elgin be and they are hereby enlarged and extended to include foot buffer area , upon which no building shall be constructed off- within the corporate boundaries thereof the said described street parking and loading dock facilities or roadsrshall be per- territories . !fitted in said 50-foot area . Section 2 . That said territories hereinbefore described be , 4. No access roads shall be permitted from the subject property and they hereby are , included in the "M- 1 " Limited Manufacturing connecting into or through the Third Addition to Century Oaks sub- District , as set forth in the Elgin Zoning Ordinance ( Chapter 21 division . of the City Code of Elgin , Illinois ) , as amended , subject , however , to the following specific restrictions and conditions , 5. No exposed concrete block or common brick exterior wall to-wit : facing shall be permitted on any structure erected on the above described premises . 1 . No residential or commercial uses shall be permitted upon the above described property other than the following specific 6. The set back requirements in addition to that provided in uses : . ragraph 3 shall be as follows : ( a ) Motel , including accessory uses such as restaurant Front yard not less than 50 feet in depth . and beverage facilities and interior arcade type of shops , Side yard not less than 25 feet in depth . forming an intregal part of such motel complex . Section 3 . That a certified copy of this Ordinance together ( b ) Offices and office buildings IMith an accurate map of the said annexed territories be filed with the Recorder of Deeds of Kane County , I l l i not s ( c) Research facilities ( d) Retail and wholesale sales of products manufactured or assembled on the premises . 53 February 12 , 1969 VOLUME x4 Section 4 . That this Ordinance shall be in full force and Ordinance No . G-1299 effect from and after its passage , as provided by law , and shall be published in pamphlet form by authority of the City Council . AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF ELGIN , ILLINOIS , EN- TITLED "THE ELGIN ZONING ORDINANCE " E . C . Alft (Signature) E . C . Alft , Mayor WHEREAS , a public hearing has been duly held pursuant to Presented : February 12, 1969 statute of the State of Illinois and the provisions of the Elgin Passed : February 12, 1969 Vote : Yeas 5 Nays 0 Zoning Ordinance , and Recorded : February 12, 1969 WHEREAS , the Elgin Zoning Board of Appeals has transmitted Published : February 12 , 1969 Attest : its recommendations to the City Council , all of which have been duly considered .. Marnaret A . Shales (Signature) NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE Margaret A. Shales , City Clerk CITY OF ELGIN , ILLINOIS : . Request to Prohibit Parking on the West Side of Section 1 . That Sub-section B of Section 21- 106 of Chapter Airlite Street at Hillcrest School Granted 21 of the City Code of Elgin , Illinois , as amended , be , and the same hereby is , amended by adding thereto the following I The Traffic Committee recently discussed and recommended that the request receive. paragraph : from the Elgin Public Schools to prohibit parking on the west side of Airlite in front of Hillcrest School from 8 o'clock A.M. to 4 o'clock P.M. on school days btu That the boundaries hereinbefore described and l ai d granted. The school's main concern was that when students were dismissed from t"t out in the "Zoning District Map" , as amended , be , school, they cross the street to cars waiting on the east side of Airlite . With and they hereby are , altered and amended in the the cars parked in front of the school, the children were not visible to motorists following manner , to-wit : traveling in either direction. By including in M- 1 Limited Manufacturing District Councilman Barber made a motion, seconded by Councilman Rauschenberger authorizir the following described premises , to-wit : the Corporation Counsel to prepare an ordinance to prohibit parking on the westsi! of Airlite in front of Hillcrest School from 8 o'clock to 4 o'clock on school dap s Parcel No . 1 : That part of Section 2 , Township 41 North , Yeas: Councilmen Barber, Rauschenberger , Santanni, and Tillery. Nays: None. Range 8 East of the Third Principal Meridian , and part Abstained in Favor: Mayor Alft. of the Southeast quarter of Section 33 and part of the Southwest quarter of Section 34 , all in Township 42 North , I ,II Petition to Rezone from R-2 to R-3 Property Located Range 8 East of the Third Principal Meridian , described in the Ninth Addition to Century Oaks Subdivision Approved as follows : Commencing at the Northwest corner of the Southeast quarter of said Section 33 , thence South along Jerry Hoover appeared before the Council with a petition to rezone from R-2 toll- the West line of said Southeast quarter , 1155 feet to the property located at 1428, 1442 and 1470 Todd Farm Drive and 1237, 1247, 1259, 12. Northerly l i ne of Parcel No . N-4D-62 acquired by the and 1280 Robinwood Drive . This request is for rezoning property in the Ninth A , Illinois State Toll Highway Commission through proceedings e to Century Oaks which has not been developed as yet. The lots off of Todd Far filed in the Circuit Court of Kane County , Illinois , as , are immediately north of an area that is zoned R-4 for multi-family units . The., Case No . 57- 305 ; thence South along said West line , 1487 lots on the east side of Robinwood Drive are across the street from an R-3 zoned\ feet to the Southwest corner of said Southeast quarter ; + trict and also north of an R-3 zoning. One-half of the 150 foot lots on the west thence South 89 degrees 25 minutes East along the South of Robinwood Drive would remain R-2 . line of said Southeast quarter , 1292 . 5 feet to the North- ' east corner of Lot 96 of Third Addition to Century Oaks ; The Plan Commission and Zoning Board of Appeals unanimously approved the petitil thence Southerly along the Easterly 1 i ne of said lot 96 , was the feeling of the Plan Commission, however, that the two lots facing onto t 24. 75 feet to the Northwest corner of Lot 95 of said Oaks Drive remain zoned as R-2 because of previous committments made to residents Subdi vis.tcn ; thence Easterly along the Northerly line of the existing part of Century Oaks Subdivision. Councilman Tillery made a mot-°°' Lots 95 , 94 and 93 of said Subdivision ; 466 . 6 feet to the seconded by Councilman Santanni, authorizing the Corporation Counsel to prepare Easterly 1 i ne of said Subdivision ; thence Southerly ordinance providing for the R-3 zoning of the aforementioned property. Yeas: 0along said Easterly line , 344 , 69 feet to the Northwest men Barber , Rauschenberger, Santanni, Tillery, and Mayor Alft. Nays : None. corner of a tract of land conveyed to Kane County Forest Ordinance Passed Rezoning to M- 1 the Miller-Davis Property f . , Councilman Tillery made a motion, seconded by Councilman Barber to pass Ordinance) °` G-1299 to rezone to M-1 the Miller-Davis Property. Yeas : Councilmen Barber, Ra enberger, Santanni, Tillery, and Mayor Alft . Nays: None.