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HomeMy WebLinkAboutS-823 4 Ordinance No. S-823 AN ORDINANCE ANNEXING CERTAIN TERRITORIES SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS, AND AUTHORIZING A SPECIAL USE FOR THE DEVELOPMENT AND MAINTENANCE OF A PLANNED DEVELOPMENT' FOR RESIDENTIAL PURPOSES TO BE ESTABLISHED THEREON. WHEREAS, a petition signed by all of the owners of record and electors residing on the territories hereinafter described has been filed with the City Clerk, and WHEREAS, said territories are not within the corporate limits of any municipality and are contiguous to the City of Elgin, Illinois, and WHEREAS, said petition requests the annexation of such territories to the City of Elgin, Illinois, and contains therein a statement under oath that all of the owners of record of all of the land within such territories and all of the electors residing thereon have joined in such petition and WHEREAS, said petition requests that in the event that said lands are annexed to the City of Elgin, that they be zoned R-5, General Residence District, as set forth in the Elgin Zoning Ordinance (Chapter 21 of the City Code of Elgin, Illinois) as amended with a Special Use permitted thereon for the development and maintenance of aPlanned Development for residential purposes, and WHEREAS, the matter of the special use and zoning was referred to the Plan Commission of the City of Elgin for recommendation and said matter of zoning was referred to the Zoning Board of Appeals of the City of Elgin, to publish notice and conduct necessary public hearing, all as in the statute made and provided, and WHEREAS, a written report has been prepared and forwarded to the Zoning Board of Appeals and the City Council by the Plan Commission per- taining to this particular petition and WHEREAS, a public hearing has bean held by the Zoning Board of Appeals after due notice by publication as provided by Statute, and that findings and recommendations have been reported to the City Council and both bodies have recommended that said lands be classified as R-5, General Residence District, with a Special Use established thereon for the develop- r rnent and maintenance of a Planned Development for residential purposes, and WHEREAS, the City Council has determined that such Special Use requested can be designed, located and operated so that the public health, safety and welfare can be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located, and there- fore should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territories and lands described as follows, to-wit: That part of the East half of the Southwest quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the West line of McLean Boulevard, 370 feet North of the South line of said South- west quarter; thence West parallel with the South line of said quarter section, 262 feet; thence North to a point in the North line of the South 496. 5 feet of said Southwest quarter which is 266.8 feet West of the West line of McLean Boulevard; thence West parallel with the South line of said quarter section to the West line of the East half of said Southwest quarter; thence South along said AI) West line to a point 196. 3 feet North of the South line of said Quarter section; thence East parallel with the South line of said Southwest quarter to the West line of McLean Boulevard; thence North along said West line to the point of beginning (excepting that part dedicated to People of the State of Illinois by dedication dated September 15, 1934, and recorded August 12, 1935 in book 1008, page 183 as document no. 387751), in the Township of E1gii., Kane County, Illinois. be and they are hereby annexed to and made a part of the City of Elgin, Illinois, and that the boundary lines of the City of Elgin be and they are hereby enlarged and extended to include in the corporate boundaries thereof the said described territories. Section 2. That said territories hereinbefore described be and they are hereby included in the "R®5" General Residence District, as set forth in the Elgin Zoning Ordinance, (Chapter 21 of the City Code of Elgin, Illinois) as amended. Section 3. That a Special Use for the operation and maintenance of a A) t k � Planned Development, being a unified development in a single ownership or control, and which includes two or more principal buildings, be and the same hereby is authorized to be established on the above described property pursuant to the provisions of Chapter 21 of the City Code of Elgin, Illinois, entitled "The Elgin Zoning Ordinance". Section 4. That said Special Use for Planned Development upon the above described real estate is granted and authorized upon the following described conditions, to-wit: (a) Said Planned Development shall be for residential purposes only. (b) Said Planned Development shall strictly conform to the plans and specifications and plat showing the location of buildings and improvements heretofore submitted to the Plan Commission of the City of Elgin, and the Zoning Board of Appeals of the City of Elgin, which plans and specifications and plat are hereby made a part of and incorporated in this ordinance. (c) That said Planned Development shall in all respects be con- structed and maintained in accordance with the applicable requirements of the Elgin Zoning Ordinance and the Elgin Building Code. (d) That said Planned Development shall be considered to be as defined by the Elgin Zoning Ordinance and in all events the real estate upon which it is located shall be treated and considered as one single lot or parcel of land to remain in single ownership. (e) That the developer shall file with the City Clerk a subdivision performance bond guaranteeing the construction of the site improve- ments contained in theplat and plans and specifications in an amount approved by the Department of Engineering and Inspection of the City of Elgin and in a form approved by the Corporation Counsel of the City of Elgin. Section 5. That a certified copy of this ordinance together with an accurate map of the said annexed territories be filed with the Recorder of Deeds of Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and C 1 y after its passage as provided by law and shall be published in pamphlet form 411) by authority of the City Council. Clyde L. Shales, Mayor Presented: April 14, 1966 Passed: April 14, 1966 Vote: Yeas 5 Nays p Recorded: April 14, 1966 Published: April 14, 1966 Attest: Myrtle E. Spiegler, City Clerk 4) I