S-860 Ordinance No. S-860
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 B-3, Service Business 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 of the City Council by the Plan Commission, per-
taining 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 Ordins.nceo' , on the following described
real estate, to-wit:
That part of Lots 1, 2, 3 and 4 in the resubdivision of Outlot
1 of Andresen Bros. Eagle Heights, Unit No. 1 in the City
of Elgin, described as follows: Beginning at the Northeast
corner of said Lot 1; thence Southerly along the East line
of Lots 1, 2 and 3 as aforesaid, a distance of 390. 0 feet to
a point that is 9. 5 feet Northerly of (measured along the
East line thereof) the Southeast corner of said Lot 3; thence
Westerly at right angles to the East line of said Lot 3, a dis-
ftance of 165. 0 feet; thence Southwesterly, a distance of 106
feet more or less to the most Easterly corner of Lot 8 in
the resubdivision of Outlot 1 as aforesaid; said point being
an angle point on the Southwesterly line of said Lot 4;
r
thence Northwesterly along the Southwesterly line of said Lots
4 and 3, a distance of 112. 0 feet to an angle in the Southwesterly
line of said Lot 3; thence Northwesterly along the Southwesterly
line of said Lots 3 and 2, a distance of 112. 0 feet to an angle in
the Southwesterly line of said Lot 2; thence Northwesterly along
the Southwesterly line of said Lot 2, a distanceof 112. 0 feet to
an angle in said Southwesterly line; thence Northwesterly along
the Southwesterly line of said Lots 2 and 1, a distance of 112. 0
feet to an angle in the Southwesterly line of said Lot 1; thence
Northwesterly along the Southwesterly line of said Lot 1, a
distance of 112. 0 feet to an angle in said Southwesterly line;
thence Northwesterly along the Southwesterly line of said Lot
1, a distance of 84. 0 feet to the most Northerly corner of Lot
13 in the resubdivision of Outlot 1 as aforesaid; thence
Northerly, a distance of 85 feet more or less to a point on the
Northerly line of said Lot 1 that is 724. 1 feet Westerly of
(measured along said Northerly line) the place of beginning;
thence Easterly along the Northerly line of said Lot, being also
the Southerly right of way line of the Chicago and Northwestern
Railway, a distance of 724. 1 feet to the place of beginning.
Being situated in the City of Elgin, Kane County, Illinois.
Section 2. That said Special Use for Planned Development upon the
above described real estate is granted and authorized upon the following
described conditions, to-wit:
4111)
(1) Said Planned Development shall be for residential purposes only and
shall be developed as one single unified project upon the above described
land.
(2) That said Planned Development shall be developed in substantial compli-
ance with the preliminary plat dated March 24, 1966 , prepared by
Waldemar A. Rakow and other drawings and plats 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 and supporting documents show the location of buildings and improve-
ments 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 property, 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 indiv-
idu ..l building, storm water drainage facilities and street
lighting, all to be constructed in accordance with the specifi-
cations 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
rik 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
form by authority of the City Council.
E. C . Alit, Mayor
Presented: May 25, 1967
Passed: Ifor 25, 1967
Vote: Yeas 5 Nays
Recorded: K4 25, 1967
Published: Ng 25, 1967
Attest:
Margaret A. Shales, City Clerk