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S-851 Ordinance No. S-851 AN ORDINANCE AUTHORIZING A SPECIAL USE TO BE ESTABLISHED ON CERTAIN PROP- ERTY IN THE CITY OF ELGIN, FOR THE DEVELOPMENT AND MAINTEN- ANCE OF A PLANNED DEVELOPMENT FOR RESIDENTIAL PURPOSES. WHEREAS, the City Council has been requested to authorize a Special Use authorizing the development and maintenance of a Planned Development for residential purposes upon certain property hereinafter described, in the City of Elgin, and WHEREAS, said property is zoned R-4, General Residence District, and R-3, Two Family Residence District, under the provisions of the "Elgin Zoning Ordinance", and WHEREAS, a written report has been prepared and forwarded to the Zoning Board of Appeals ofthe City Council by the Plan Commission, pertaining to this particular petition, and WHEREAS, a public hearing has been held by the Zoning Board of Appeals, after due notice by publication, as provided by statute, and its findings and recommendations have been reported to the City Council, and WHEREAS, the City Council has determined that such Special Use requested is necessary for the public convenience, can be designed, located and operated so that public health, safety and welfare will be protected, and will not cause substantial injury to the value of other property in the neigh- borhood in which it is located, and, .therefore, should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a Special Use for the development and maintenance of a Planned Development for residential purposes be, and the same hereby is, authorized pursuant to the provisions of Chapter 21 of the City Code of Elgin, Illinois, entitled "The Elgin Zoning Ordinance", on the following described real estate, to-wit: Parcel One: That part of the Northeast quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginningat 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 para- llel 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. Parcel Two: That part of the Northeast quarter of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian described 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 said 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. Section 2. That said Special Use for Planned Development upon the above described real estate is granted and authorized upon the following described conditicns, 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 Banned Development, and which plat is hereby made a part of and incorporated in this ordinance. - 2 - (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 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 3. That all ordinances or parts thereof, in conflict herewith, be, and the same hereby are, repealed and of no further force and effect. Section 4. That this ordinance shall be in full force and effect from and after its passage as provided by law, and shall be published in pamphlet r - 3 - 1 December 22. 1966 VOLUME XXXI forge 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 Lands Dedicated for Public Street Purposes in Civic Center Area Mr. Brunton reviewed the streets to be dedicated in the Civic Center area, and Council- man Barber made a motion, seconded by Councilman Santanni, to approve and accept a Plat of Dedication for public streets of part of the Northwest Quarter of Section 14, Township 41 North, Range 8 east of the Third Principle Meridian in Elgin, Kane County, T'_linois, Plat No. E-17949. Yeas: Councilmen Alft, Barber, Santanni, Tillery. Nays: None. Municipality to Support Proposed Merger of Chicago North Western Railway Company and Chicago, Milwaukee, St. Paul and Pacific Railroad Company Attorney Harold Jordan and Attorney Ray Merrill, for the Chicago , Milwaukee, St. Paul and Pacific Railroad Company, were present to seek municipality support for the pro- posed merger of the Milwaukee Road with the Chicago North Western Railway Company. They aoutlined the benefits which would result to the City if the merger is effected, which included the continuance of excellent passenger services for 1200 commuters per day, the fact that long freight trains would be routed through Geneva, more extensive use of the west side high North Western tracks with the possibility that the east side tracks be eventually removed. Councilman Tillery asked whether the proposed merger would hault the blocking of intersections by long passenger trains, and the reply was that this difficulty could only be solved if the trains would not stop in Elgin, and that this stop is a service to many local travelers. Councilman Barber made a motion, seconded by Councilman Tillery, that the City of Elgin express its support of the proposed merger of the Chicago North Western Railway Company and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, and that the City Manager be directed to testify in behalf of the merger. Yeas: Councilmen Alft, Barber, Santanni, Tillery. Nays: Nona. Amendment to Pay Plan Ordinance Passed to Up-Grade Position of Su erintendent of Streets 47) Mr. Brunton recommended that an amendment to the Pay Plan and Position Ciassificatf.cn ordinance be passed to up-grade the position of Superintendent of Streets. Councilman Barber made a motion, seconded by Councilman Santanni, to pass the proposed amendment. Yeas: Councilmen Alft, Barber, Santanni and Tillery. Nays: None.