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HomeMy WebLinkAboutG20-75 Ordinance No. G20-75 AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY AT McLEAN BOULEVARD AND THE ROUTE 20 BY-PASS FROM M-1, MANUFACTURING, TO A RESIDENTIAL AND COMMERCIAL PLANNED UNIT DEVELOPMENT WHEREAS, a written application has been made to reclassify certain property hereinafter described and located at the southeast corner of McLean Boulevard and the Route 20 by-pass in the City of Elgin, Kane County, Illinois, from M-1, Manufacturing, to B-3, Service Business District, and R-4, General Residence District, with special uses for commercial and residential development; and WHEREAS, the Plan Commission has submitted its report to the Zoning Board of Appeals and to the City Council; and WHEREAS, a public hearing has been held by the Zoning Board of Appeals after due notice as required by state statute and the Elgin Zoning Ordinance; and WHEREAS, the Zoning Board of Appeals and the Plan Commission have recommended approval upon certain conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the special uses requested are necessary for the public convenience at the location proposed in providing necessary rental housing in the City of Elgin and related commercial retail uses and are so designed, located and proposed to be operated that the public health, safety and welfare will be protected and said special uses will not cause substantial injury to the value of other properties in the neighborhood in which it is located. Section 2. That Subsection B of Section 21-106 of Chapter 21 of the City Code of Elgin, as amended, be and is hereby further amended by adding the following paragraph: "That the boundaries hereinbefore described and laid out in the 'Zoning District Map' , as amended, be and are hereby altered by including in the B-3, Service Business District, the following described premises: That part of the East half of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of the Northwest quarter of the Southeast quarter of said Section 22; thence South along the East line of the Northwest quarter of said Southeast quarter of said Section 22, a distance of 1038.8 feet; thence Westerly, parallel with the North line of the Southeast quarter of said Section 22, a distance of 1843.6 feet to the center line of McLean Boulevard; thence Northeasterly, along said center line, being along a curve to the left, having a radius of 4199.43 feet, a distance of 426.4 feet; thence Northeasterly, along said center line, tangent to the last described curve, a distance of 214.85 feet; thence South- easterly at right angles to said center line, a distance of 33.0 feet to the Easterly right of way line of McLean Boulevard as dedicated by Document Number 905285; thence North 25 degrees 00 minutes East along said Easterly right of way line 44.44 feet for the place of beginning; thence continuing North 25 degrees 00 minutes East along said Easterly right of way line, a distance of 435.0 feet; thence Northeasterly along said Easterly right of way line, being along a curve to the left having a radius of 2484.74 feet and parallel with the center line of McLean Boulevard, a distance of 93.0 feet; thence South 74 degrees 27 minutes 57,7 seconds East 221.18 feet; thence South 3 degrees 15 minutes 00 seconds East 285.0 feet; thence South 65 degrees 15 minutes West 315.0 feet; thence South 88 degrees 00 minutes 00 seconds West 160.0 feet to the place of beginning. Containing 2.994 'cres more or less in the City of Elgin, Kane County, Illinois." Section 3. That Subsection B of Section 21-106 of Chapter 21 of the City Code of Elgin, as amended, be and is hereby further amended by adding the following paragraph: "That the boundaries hereinbefore described and laid out in the 'Zoning District Map' , as amended, be and are hereby altered by including in the R-4, General Residence District, the following described premises: That part of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Northwest quarter of the Southeast quarter of said section; thence South along the East line of said quarter- quarter, 1038.8 feet for the point of beginning; thence North along the East line of said quarter-quarter and along the East line of the Southwest quarter of the Northeast quarter of said section, 1152.24 feet to the Southerly line of federal aid highway Route 6 as established by instrument recorded November 9, 1959 in Book 38 of Plats, Page 82, as Document 905285; thence Westerly along the Southerly line of said federal aid highway Route 6, to the Easterly corner of premises described in Parcel "C" in said dedication, thence Southerly along the Easterly line of said highway to the Easterly line of McLean Boulevard; thence Westerly at right angles to said Easterly line 33 feet to the center line of said McLean Boulevard; thence Southwesterly along said center line 214.85 feet; thence Southwesterly along said center line along a curve to the left 426.4 feet to a line drawn West, parallel with the North line of the South half of said section, from the point of beginning; thence East along said parallel line 1843.6 feet to the point of beginning (except that part thereof described as follows: That part of the East half of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northeast corner of the Northwest quarter of the Southeast quarter of said Section 22; thence South along the East line of the Northwest quarter of said Southeast quarter of said Section 22, a distance of 1038.8 feet; thence Westerly, parallel with the North line of the Southeast quarter of said Section 22, a distance of 1843.6 feet to the center line of McLean Boulevard; thence Northeasterly, along said center line, being along a curve to the left, having a raduis of 4199.43 feet, a distance of 426.4 feet; thence North- easterly, along said center line, tangent to the last described curve, a distance of 214.85 feet; thence Southeasterly at right angles to said center line, a distance of 33.0 feet to the East- erly right of way line of McLean Boulevard as dedicated by Document Number 905285; thence North 25 degrees 00 minutes East along said Easterly right of way line 44.44 feet for the place of beginning; thence continuing North 25 degrees 00 minutes East along said Easterly right of way line, a distance of 435.0 feet; thence Northeasterly along said Easterly right of way line, being along a curve to the left having a radius of 2484.74 feet and parallel with the center line of McLean Boulevard, a distance of 93.0 feet; thence South 74 degrees 27 minutes 57.7 seconds East 221.18 feet; thence South 3 degrees 15 minutes 00 seconds East 285.0 feet; thence South 65 degrees 15 minutes West 315.0 feet; thence South 88 degrees 00 minutes 00 seconds West 160.0 feet to the place of beginning) , in the City of Elgin, Kane County, Illinois." Section 4. That a special use be and is hereby granted for the property described in Section 3 of this ordinance for the construction and maintenance of a multiple family planned unit development as proposed in the application for a planned unit development made by Dominick DiMatteo dated January 24, 1975. Section 5. That a special use be and is hereby granted for the property described in Section 2 of this ordinance for a planned unit development for the construction and maintenance of a convenience shopping center as described in the application for a planned unit development by Dominick DiMatteo dated January 24, 1975. Section 6. That the special uses granted herein be and are hereby made subject to the following conditions: 1. That prior to the issuance of any building permit the owners of the subject property shall dedicate to the City of Elgin sufficient land to provide a 50 foot right of way from the center line of McLean Boulevard. 2. That prior to July 1, 1976 owner shall pay the sum of $7,500 or 15% of the cost of traffic signal equipment and installation con- tracted for by the City of Elgin for the installation of traffic signals at Fleetwood and McLean. In the event that no contract is entered into for said improvement by the City of Elgin by July 1, 1977 the sum of $7,500 shall be returned to the owner. 3. That prior to the issuance of any occupancy permit for resi- dential units in Phase I, a school site contribution in the amount of $7,045.64 shall be made; that prior to the issuance of any occupancy permit for residential units in Phase II a further school site contri- bution shall be made in the amount of $8,052.16. 4. That a final site plan shall be submitted and approved in the manner prescribed by the Elgin Zoning Ordinance. - s r 5. That commencement of construction of the proposed develop- ment shall occur within two years of the passage of this ordinance and the development shall be substantially completed within four years of such commencement of construction. Section 7. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ W. E. Rauschenberger W. E. Rauschenberger, Mayor Presented: April 23, 1975 Passed: April 23, 1975 Vote: Yeas 7 Nays 0 Recorded: April 23, 1975 Published: April 23, 1975 Attest: s/ Diane Schwartz Diane Schwartz, Acting City Clerk