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HomeMy WebLinkAbout04-278 Resolution No.04-278 RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (12N423 Coombs Road) WHEREAS, application has been made to reclassify certain territory located at 12N423 Coombs Road, which is not included within the boundaries of any municipality, from District F to District E-3, said territory being legally described as follows: That part of the Southwest fractional quarter of Section 7,Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of the Southeast Quarter of Section 12, Township 41 North, Range 7 East of the Third Principal Meridian;thence Southerly along the East line of said Southeast Quarter of Section 12, a distance of 415.00 feet to a point hereinafter referred to as Point"A";thence continuing Southerly along said East line,a distance of 210.00 feet for the point of beginning;thence Easterly, at right angle to said East line, a distance of 320.00 feet; thence Northerly at right angle to the last described course and parallel to the aforesaid East line,a distance of 210.00 feet to a line drawn Easterly, at right angle to said East line from aforesaid Point"A"; thence Easterly, along said drawn line,a distance of 330.00 feet;thence Southerly at right angle to the last described course and parallel to aforesaid East line, a distance of 460.00 feet; thence Westerly at right angle to the last described course,a distance of 650.00 feet to the aforesaid East line of Section 12;thence Northerly,along said East line,a distance of 250.00 feet to the point of beginning. Situated in Elgin Township,Kane County, Illinois and containing 5.3 acres more or less. WHEREAS,said territory is within one and one-half miles of the corporate boundaries of the City of Elgin; and WHEREAS,the City of Elgin has passed a comprehensive plan and a zoning ordinance for the City of Elgin; and WHEREAS,the Planning and Development Commission of the City of Elgin has reviewed said application and recommended that the application be denied; and WHEREAS, the proposed reclassification threatens an adverse effect upon the value of surrounding properties and is inconsistent with the comprehensive plan of the City of Elgin; and WHEREAS, 55 ILCS 5/5-12014 provides for a protest procedure by a municipality to proposed text amendments or map amendments to county zoning ordinances where the land affected lies within one and one-half miles of the limits of a zoned municipality and in the event of such a protest by the municipality the proposed amendment shall not be passed except by the favorable vote of three-quarters of all of the members of the county board. C NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby protests the proposed map amendment and reclassification of the above described territory from District F to District E-3. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution with the County Clerk of Kane County and to serve a certified copy of this resolution on the applicant for the proposed map amendment and a copy upon the applicant's attorney,if any,by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. s/Ed Schock Ed Schock,Mayor Presented: October 13, 2004 Adopted: October 13, 2004 Omnibus Vote: Yeas: 5 Nays: 1 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk C C