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HomeMy WebLinkAboutG25-93 rft. Ordinance No. G25-93 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A GATE HOUSE AND FENCE AT THE WEST RIVER ROAD ENTRANCE TO JUDSON COLLEGE WHEREAS, written application has been made for a CF Community Facility District conditional use for a gate house and fence at the West River Road entrance to Judson College at 1151 North State Street; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a gate house and fence at the West River Road entrance to Judson College at 1151 North State Street and legally described as follows: PARCEL NO. 1 : THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31 WITH THE SOUTH LINE OF SAID SECTION; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE RIGHT 235 FEET; THENCE NORTH 31 DEGREES 57 MINUTES EAST ALONG SAID CENTER LINE 100 FEET; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE LEFT 386 .5 FEET; THENCE NORTH 16 DEGREES 05 MINUTES EAST ALONG SAID CENTER LINE 100 FEET; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE RIGHT 137 .4 FEET; THENCE SOUTH 65 DEGREES 59 MINUTES EAST, A DISTANCE OF 56 . 11 FEET TO THE EASTERLY LINE OF S.B. I . ROUTE 22 (F.A. ROUTE 23) BY DOCUMENT NO. 848175; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4986 . 15 FEET (THE CHORD OF SAID rft CURVE FORMS AN ANGLE OF 97 DEGREES 40 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE) , A DISTANCE OF 230 .0 FEET FOR THE PLACE OF BEGINNING; THENCE NORTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 15 DEGREES 56 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE CHORD OF THE LAST DESCRIBED CURVE, A DISTANCE OF 118 . 07 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 106 DEGREES 30 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 196 .82 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, BEING PARALLEL WITH THE SOUTHEASTERLY LINE OF PARCEL NO. N-4D-65 . 3, ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION THROUGH PROCEEDINGS FILED IN THE CIRCUIT COURT OF KANE COUNTY, AS CASE NO. 57-305, A DISTANCE OF 297 . 79 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 246 .52 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL NO. N-4D-65 . 3; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NO. N-4D-65 . 3, A DISTANCE OF 227 . 97 FEET TO THE MOST WESTERLY CORNER OF LOT 5 IN RIVERSIDE MANOR UNIT NO. 1, A SUBDIVISION OF PART OF SECTION 2 AFORESAID; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINES OF LOTS 5, 6, AND 7 IN SAID RIVERSIDE MANOR UNIT NO. 1, A DISTANCE OF 354 . 0 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE SOUTHWESTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF PARCEL NO. N-4D-65 . 3 AFORESAID AND PARALLEL WITH SAID SOUTHEASTERLY LINE EXTENDED SOUTHWESTERLY, A DISTANCE OF 459 . 04 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 221 . 62 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. CONTAINING 1 .984 ACRES, MORE OR LESS. PARCEL NO. 2 : THAT PART OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF STATE ROUTE 31 WITH THE SOUTH LINE OF SAID SECTION; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE RIGHT 235 FEET; THENCE NORTH 31 DEGREES 57 MINUTES EAST ALONG SAID CENTER LINE 100 FEET; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE LEFT 386 .5 FEET; THENCE NORTH 16 DEGREES 05 MINUTES EAST ALONG SAID CENTER LINE 100 FEET; THENCE NORTHERLY ALONG SAID CENTER LINE ON A CURVE TO THE RIGHT 137 .4 FEET; THENCE SOUTH 65 DEGREES 59 MINUTES EAST, A DISTANCE OF 56 . 11 FEET TO THE EASTERLY LINE OF S.B. I . ROUTE 22 (F.A. ROUTE 23) BY DOCUMENT NO. 848175; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4986 . 15 FEET (THE CHORD OF SAID CURVE FORMS AN ANGLE OF 97 DEGREES 40 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE) , A DISTANCE OF 230 .0 FEET; THENCE NORTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 15 DEGREES 56 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE CHORD OF THE LAST DESCRIBED CURVE, A DISTANCE OF 118 .07 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 106 DEGREES 30 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 196 . 82 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, BEING PARALLEL WITH THE SOUTHEASTERLY LINE OF PARCEL NO. N-4D-65 . 3, ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION THROUGH PROCEEDING FILED IN THE CIRCUIT COURT OF KANE COUNTY, AS CASE NO. 57-305, A DISTANCE OF 297 . 79 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 246 .52 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL NO. N-4D-65 .3, THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NO. N-4D-65 . 3 A DISTANCE OF 130. 0 FEET; THENCE SOUTHWESTERLY, A DISTANCE OF 175 . 0 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. CONTAINING 1 .59 ACRES, MORE OR LESS. be and is hereby granted subject to the following conditions : 1 . Substantial compliance with the site plan, prepared by Burnidge Cassell and Associates, dated February 9, 1993. 2 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4 . That this ordinance shall be in full force and effect after its passage in the manner provided by law. l Georg : VanDeVoorde, Mayor Presented: June 9 , 1993 Passed: June 9, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 10, 1993 Published: rink Attest: vvoeL Dolonna Mecum, City Clerk May 5, 1993 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 10-93 Requesting an Amendment to the Existing Conditional Use for a College, and Requesting a Variation of Section 19 . 30. 135(E) ( 1) of the Elgin Municipal Code, to Permit the Reduction of the CF Community Facility District Minimum Required Building • Street Setback; Property Located at 1151 North State Street; by Burnidge, Cassell and Associates as Applicant and Judson College, as Owner. II . CONSIDERATIONS A petition has been filed by Burnidge Cassell and Associates on behalf of Judson College requesting an amendment to the existing conditional use for a college and requesting a variation of the minimum required building street setback. The subject property is located at 1151 North State Street. The petitioner proposes to construct a gate house and fence at the West River Road entrance to the campus. The proposed gate house and fence were not original features of the college's conditional use. Accordingly, the college is seeking an amendment to their conditional use for a college to include the proposed gate house and fence. The minimum required building street setback from the West River Road right of way is 88 feet. The proposed gate house and fence would encroach a maximum of 68 feet into the minimum required building street setback. Accordingly, the petitioner is seeking a 68 foot (77 percent) building street setback variation. III. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 10-93 on April 21, 1993. The petitioner Exhibit A -Page 1 - FOFPET10.93/TEXT040/ZON&SUB.DIV testified at the public hearing. Proponents of the petition did not testify at the public hearing, and objectors to the petition did not testify at the public hearing. Written correspondence in support of the petition has not been submitted, and written correspondence in objection to the petition has not been submitted. The Zoning and Subdivision Hearing Board has made the following findings with respect the Petition 10-93: A. Site Characteristics: The subject property is an irregularly shaped parcel containing approximately 75 acres. The subject property is gently rolling and wooded. The subject property is improved with the Judson College campus. The bike path is located adjacent to the site of the proposed gate house and fence. B. Sewer and Water: The proposed gate house and fence would have no impact upon the current provision of city sewer and water services to the subject property. C. Traffic and Parking: The proposed gate house is intended to create a new primary entrance to the rik college campus from West River Road. The current primary entrance to the campus is located on State Street (State Route 31) . The proposed gate house and fence would have no impact upon the current provision of parking at the subject property. D. Zoning History: The subject property was annexed to the City of Elgin in 1963, 1964, and 1968. The 1992 Comprehensive Amendment to the Zoning Ordinance rezoned the subject property from R-2 Single Family Residence District to CF Community Facility District. E. Zoning Status: Judson College is a lawful conditional use in the CF District. F. Surrounding Land Use and Zoning: The area located to the north of the subject property is zoned GI General Industrial District and is developed with a hotel r -Page 2 - FOFPET10.93/TEXT040/ZON&SUB.DIV The area located to the east of the subject property is. zoned SFR1 Single Family Residence District and is developed with single family residences . The area located to the south of the subject property is zoned CF and is developed with the Judson College campus. The area located to the west of the subject property is zoned CF and PMFR Planned Multiple Family Residence District and is developed with the Tyler Creek Forest Preserve and townhomes. G. Trend of Development: Judson College is a mature college campus. H. Comprehensive Plan: The subject property is designated community facilities in the Comprehensive • Plan and in the Northwest Area Plan, an amendment to the Comprehensive Plan. IV. RECOMMENDATIONS On a motion to recommend approval of Petition 10-93 , subject to the following conditions: rft. 1. Substantial compliance with the site plan, prepared by Burnidge Cassell and Associates, dated February 9, 1993. 2. Approval of the requested building street setback variation is contingent upon receiving City Council approval of the proposed amendment to the conditional use. 3. Compliance with all other applicable codes and ordinances. - the vote was four yes and zero no. Therefore, the motion to recommend approval of Petition 10-93 was adopted. Denise Harding Hopkns, Chair -Page 3 - FOFPET10.93/TEXT040/ZON&SUB.DIV Zoning and Subdivision Hearing Board Thomas J. Ari4+strong, Sectetary Zoning and Subdivision Hearing Board ra. -Page 4 - FOFPET10.93/TEXT040/ZON&SUB.DIV