S-850 Ordinance No. S-850
AN ORDINANCE
ANNEXING CERTAIN TERRITORIES SITUATED IN ELGIN TOWNSHIP
KANE COUNTY, ILLINOIS, TO THE CITY OF ELGIN, ILLINOIS, AND
AUTHORIZING A SPECIAL USE FOR THE DEVELOPMENT AND MAINTEN-
ANCE OF A PLANNED DEVELOPMENT FOR RESIDENTIAL PURPOSES TO
BE ESTABLISHED THEREON,
WHEREAS, a petition signed by all of the owners of record of the
territories hereinafter described has been filed with the City Clerk, and no
electors reside thereon, 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
have joined in such petition and no electors reside therein, and
WHEREAS, said petition requests that in the event said lands, which
consist of approximately 20 acres, are annexed to the City of Elgin, they
be classified R-5, General Residence District, or such other zoning
classification as set forth in the Elgin Zoning Ordinance (Chapter 21 of
the City Code of Elgin, Illinois), as amended, as will permit a Special
Use thereon for the development and maintenance of a Planned Development
for residential purposes in conjunction with 20 acres immediately to the
East thereof, already situated within the corporate limits of the City of
Elgin and classified R-4, General Residence District, and R-3, Two Family
Residence District, under the provisions of said Elgin Zoning Ordinance, and
WHEREAS, the matter of zoning and the authorization of a Special Use
for the development and maintenance of a Planned Development for residen-
tial purposes was referred to the Zoning Board of Appeals of the City of
Elgin to publish notice and conduct the necessary public hearing, all as in
the Statute and in the Ordinances of the City of Elgin, made and provided, and
WHEREAS, the said Zoning Board of Appeals of the City of Elgin has
duly advertised and held a public hearing pertaining to the zoning of said
property and the authorization of a Special Use for the development and
maintenance of a Planned Development for residential purposes thereon, and
has prepared and transmitted its written report and recommendations to the
City Council of the City of Elgin, as provided by the Elgin Zoning Ordinance,
as amended, and
WHEREAS, the Plan Commission for the City of Elgin has duly consid-
ered the annexation of said property and the application for a Special Use as
a Planned Development for residential purposes and did prepare and forward
to the Zoning Board of Appeals of the City Council its written report and
recommendations pertaining thereto, and
WHEREAS, the Council of the City of Elgin, after duly considering
the application of the petitioner herein, and the reports and recommen-
dations of the Plan Commission of the City of Elgin and the Zoning Board
of Appeals of the City of Elgin, is the opinion that such territory should be
annexed to the City of Elgin, zoned as hereinafter set forth, and that 8.
Special Use for the development and maintenance of a Panned Development
for residential purposes be duly authorized by the Council of the City of
Elgin, subject to the conditions and restrictions hereinafter set forth.
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 Northeast quarter of Section 16, Township 41
North, Range 8 East of the Third Principal Meridian des-
cribed as follows: Commencing at the intersection of the East
line of the Northeast quarter of said Section 16 with the center
line of Highland Avenue Road; thence Northwesterly along said
center line, a distance of 951. 56 feet for the place of beginning;
thence Southerly parallel with the East line of said Northeast
quarter, a distance of 1080. 34 feet to a point on the South line
of property conveyed by Adrienne T. Lowrie to William J.
Feldman and Hima J. Feldman by deed dated January 11, 1935,
as Document No. 380360; thence Westerly along said South
line, a distance of 749. 53 feet; thence Northerly parallel with
the East line of the Northeast quarter of sai d Section 16, a
distance of 1257. 5 feet to the center line of Highland Avenue
Road; thence Southeasterly along said center line, a distance of
767. 48 feet more or less, to the place of beginning. Being
situated in Elgin Township, Kane County, Illinois, and containing
20. 0 acres more or less.
be, and they hereby are, 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 within the corporate boundaries
thereof, the above described premises.
Section 2. That all of the territory hereinabove described (excluding
the Southerly 120 feet thereof), be, and it hereby is, included in the "R-4"
General Residence District as set forth in the Elgin Zoning Ordinance
(Chapter 21 of the City Code of Elgin, Illinois ) as amended; that the
Southerly 120 feet of the territory hereinbefore described, be, and it hereby
is, included in the R-3 Two Family 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
Planned Development, being a unified development in 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 prop-
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erty pursuant to the provisions of Chapter 21 of the City Code of Elgin, Eli-
,
nois, 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:
(1) Said Planned Development shall be for residential purposes only and
shall be developed as one single unified project upon the above described
land and land adjacent thereto, described as follows, to-wit:
That part of the Northeast quarter of Section 16, Township
41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at the intersection of the
center line of Highland Avenue with the East line of said
Section 16; thence Southerly along the East line of said
Section 16, a distance of 884. 09 feet; thence Westerly
parallel with the South line of the Northeast quarter of said
Section 16, a distance of 935. 0 feet; thence Northerly para-
llel with the East line of said Section 16, a distance of
1080. 34 feet to the center line of Highland Avenue; thence
Southeasterly along said center line, a distance of 951. 56
feet to the place of beginning; Being situated in the City of
Elgin, Kane County, Illinois.
(2) That said Planned Development shall be developed in substantial compli-
ance with the preliminary plat of "Independence Square" dated December 5,
1966, prepared by Waldemar A. Rakow, heretofore submitted to the City of
Elgin, identified by the petitioners herein and placed on file with the
Department of Engineering and Inspection of the City of Elgin; which plat
shows the location of buildings and improvements contemplated and approved
in and for said planned development, and which plat is hereby made a part
of and incorporated in this ordinance.
(3) That said Planned Development shall, in all respects, be constructed
and maintained in accordance with the applicable requirements of the
Elgin Zoning Ordinance and the Elgin Building Code.
(4) 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.
(5) That no permit shall be issued by the City of Elgin to maintain and
operate a Planned Development for residential purposes on any portion of
said territory being hereby annexed to the City of Elgin, nor shall any
permit be issued by the Department of Engineering and Inspection of the
` City of Elgin to construct any site improvements or buildings on said tract
until the following express conditions have been met, to-wit:
(a) Final plot plan for each specific unit or portion of such
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1.34 December 22, 1966 VOLUME XXXI
development shall be first approved by the Council of the City
of Elgin.
(b) Said final plot plan shall include all contemplated site
improvements,'including but not limiting to, surface streets
with curbs, gutters and sidewalks, water distribution to each
individual building, sanitary sewer connections to each individ-
ual building, storm water drainage facilities and street lighting,
all to be constructed in accordance with the specifications and
requirements approved by the City of Elgin.
(c) Said plans and specifications for required site improve-
ments and the estimate of cost thereof shall have been approved
by the City Engineer for the City of Elgin.
(d) The developer has either filed with the City a cash bond or
a Subdivision Performance Bond, with sureties approved by
the Council, in the full amount of the estimated cost of the
required site improvements, guaranteeing the construction of
such improvements for the particular unit involved within a
reasonable period of time.
Section 5. That a certified copy of this ordinance, together with an
accurate map of 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 411)
and after its passage as provided by law, and shall be published in pamphlet
form by authority of the City Council.
Clyde L. Shales, Mayor
Presented: December 22, 1966
Passed: December 22, 1966
Vote: Yeas 4 Nays 0
Recorded: December 22, 1966
Published: December 22, 1966
Attest:
Myrtle E. Spiegler, City Clerk
Amendment to Zoning Ordinance Passed to Provide R-3 and R-4 Zoning at
2051 West Highland Avenue, William J. Feldman et al for 40 acres
Councilman Barber made a motion, seconded by Councilman Santanni, to pass an
amendment to the Zoning Ordinance to provide R-3 and R-4 classification at 2D51
West Highland Avenue for the petition of William J. and Hima J. Feldman et. al.
Yeas; Councilmen Alft, Barber, Santanni, and Tillery. Nays: None.
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