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G-1582 Ordinance No. G-1582 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF ELGIN, ILLINOIS ENTITLED THE ELGIN ZONING ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM M-1, LIMITED MANUFACTURING DISTRICT, TO B-4, GELERAL SERVICE BUSINESS DISTRICT AND IMPOSING CERTAIN CONDITIONS. WHEREAS certain annexation agreements were entered into on February 12, 1969 and October 14, 1970 by and between the City of Elgin and the owners of record of the real property subject to said agreements, which included certain real property the following legally described hereinafter; and WHEREAS the aforesaid legal described property has been sold and conveyed by the original parties to said annexation agreements; and WHEREAS the contract purchasers of the subject property filed a petition requesting rezoning of the aforesaid properties from M-1, Limited Manufacturing District, to B-4, General Service Business District; and WHEREAS a public hearing has been duly held pursuant to the applicable statute of the State of Illinois ordinance and the Elgin Zoning Ordinance; and WHEREAS the Elgin Zoning Board of Appeals has transmitted its recommenda- tions to the City Council; and WHEREAS the parties of said annexation agreements or their successors in interest have consented to amendment of said agreements and rezoning of the subject property on certain conditions; and WHEREAS said annexation agreements have been amended to permit rezoning as requested upon certain conditions. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Subsection B of Section 21-106 of Chapter 21 of the Zoning Ordinance of the City of Elgin, Illinois, as amended, be and hereby is further amended by aading to the following paragraph: That the boundaries hereinbefore described and laid out in the 'Zoning District Map' , as amended, be amended by excluding from M-1, Limited Manufacturing District and including in B-4, General Service Business District, the following described premises: That part of the Northeast quarter of the Southeast quarter of Section 33 and part of the Northwest quarter of the Southwest quarter of Section 34, all in Township 42, North range 8 East of the third principal meridian described as follows: Commencing at the Northwest corner of the Northeast quarter of the Southeast quarter of said Section 33; thence Southerly, along the Westerly line of the Northeast quarter of said Southeast quarter, 1154.32 feet to the Northerly line of Parcel No. N-4D-62.1, acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois as Case No. 57-305; thence Easterly along said Northerly line, being along a line forming an angle of 90 degrees 55 minutes 45 seconds as measured clockwise from the last described course, 579.71 feet for the place of beginning; thence continuing Easterly, along said Northerly line, 1027.40 feet; thence Northerly, parallel with the Westerly line of the Northeast quarter of the Southeast quarter of said Section 33, 848.04 feet; thence Westerly, parallel with the Northerly line of Parcel No. N-4D-62,1, as aforesaid; 1027.40 feet; thence Southerly, parallel with the Westerly line of the Northeast quarter of said Southeast quarter 848.04 feet to the place of beginning. Also that part of the Southeast quarter of Section 33, and part of the Southwest quarter of Section 34, Township and Range aforesaid described as follows: Commencing at the Southeast corner as monumented, of Parcel No. N-4D-62.1 acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois, as Case No. 57-305, being a point on the Westerly right of way line of State Route No. 31; thence Southerly, along said Westerly right of way line, 122.83 feet to the Northerly right of way line; as monumented, of the State of Illinois Northwest Toll Highway; thence Southwesterly along said Northerly right of way line, as monumented, which forms an angle of 28 degrees 05 minutes 18 seconds to the right with the prolongation of the last described course, 196.61 feet to an angle in said Northerly right of way line; thence Southwesterly, along said Northerly right of way line, as monumented, which forms an angle of 21 degrees 43 minutes 06 seconds to the right with the prolongation of the last described course, 845.55 feet for the place of beginning; thence continuing Southwesterly, along the last described course 2.53 feet to an angle in said Northerly right of way line, thence Southwesterly, along said Northerly right of way line as monumented, which forms an angle of 15 degrees 51 minutes 19 seconds to the right with the prolongation of the last described course, 381.63 feet to an angle in said Northerly right of way line; thence Northwesterly along said Northerly right of way line, as monumented, which forms an angle of 30 degrees 19 minutes to the right with the prolongation of the last described course, 1197.74 feet to an angle in said Northerly right of way line; thence Northwesterly, along said Northerly right of way line, as monumented, which forms an angle of 00 degrees 19 minutes 56 seconds to the left with the prolongation of the last described course, 900.07 feet to an angle in said Northerly right of way line; thence Northwesterly along said Northerly right of way line, as monumented, which forms an angle of 5 degrees 53 minutes 26 seconds to the right with the prolonga- tion of the last described course, 603.09 feet to an angle in said Northerly right of way line; thence Northwesterly, along said Northerly right of way line, as monumented, which forms an angle of 5 degrees 34 minutes 35 seconds to the left with the prolongation of the last des- crib"d course, 99.76 feet to a jog in said Northerly right of way line, as monumented; thence Northeasterly, along said jog, which forms an angle of 89 degrees 44 minutes 18 seconds to the right with the pro- longation of the last described course, 58.4 feet to the Southwest corner, as monumented, of Parcel No. N-4D-62.1, as aforesaid; thence Easterly, along the Southerly right of way line, as monumented, of said Parcel No. N-4D-62.1, which forms an angle of 75 degrees 28 minutes 54 seconds to the right with the prolongation of the last described course, 1111.27 feet to an angle in said Southerly right of way line; thence Easterly, along said Southerly right of way line, as monumented, which forms an angle of 00 degrees 00 minutes 27 seconds to the right with the prolongation of the last described course, 1935.41 feet; thence Southerly, at right angles to the last described course, a distance of 718.89 feet to the place of beginning, All the above being situated in the City of Elgin, Kane County, Illinois and contain- 41/ ing 55.00 acres more or less. subject to the following restrictions and conditions: A. That retail and commercial uses shall be permitted as follows: 1. That only retail motor vehicle dealerships shall be permitted on lots adjacent to the Northwest Tollway. 2. That only retail motor vehicle dealerships and auto related uses contained on a minimum of two acres of land and with a building or complex of buildings of not less than 10,000 square feet shall be permitted on Lots 15, 17, 19, 21, and 23; auto related uses are defined as those uses directly associated with the retail sale or repair of motor vehicle including the provisions of parts, accessories, and/or maintenance of motor vehicles. 3. That Lots 14, 16, 18, 20 and 22 shall be limited to uses permitted in a B-4 Zoning District and/or light industrial, office and research uses. Such uses shall be developed on lots of not less than two acres and with a building or complex of buildings of not less than 10,000 square feet. B. The front yard set back shall be 50 feet; the first 25 feet of said front set back shall be used as a green belt for grass and landscaping as provided hereinafter. No structures other than signs shall be placed on the other 25 feet of the front set back, but parking and display of automobiles shall be permitted on said second 25 feet of the front yard set back or on any additional front set back provided. C. The rear yard set back shall be 20 feet except for those lots which have rear lots adjacent to the Northwest set back to be used for drainage and landscaping purposes only. No parking or storage or display of automobiles or other materials or objects shall be permitted in said 50 foot rear yard set back except one identification sign for each dealership not to exceed three feet in height with ground level flood lights. D. No other signs shall be placed on the property described in Exhibit A except the following: 1. Flush building mounted signs associated with each automobile dealership and not to exceed two freestanding pole mounted signs not to exceed 22 feet in height and 80 square feet in area. 2. Pennants, flags, banners, streamers and other similar attention getting devices are expressly prohibited. E. No building or other structure with exposed concrete block construction shall be constructed on the properties de- scribed in Exhibit A. F. Subject property shall be landscaped as follows: 1. Planting strips will be required on each side of any parking area. Except if a common parking area is provided for competing dealers no interior planting strip shall be required. The interior boundary of said planting strip shall be defined with a six (6) inch concrete curbing or other material approved by the Department of Public Works and Engineering. The curbing shall be placed a minimum of twenty-five (25) feet inside lot lines adjoining any street and a minimum of six (6) on all other lot lines excepting those lots adjacent to the Northwest Tollway which are subject to the 50 foot buffer and drainage easement. However, if a common parking area is provided for two or more dealers no interior planting strip shall be required. Planting strips shall be main- tained free of litter and shall require replacement of all dead and unsightly plant material. 2. Existing trees shall be saved whenever possible as determined by the Department of Community Development. 3. At no rime shall the required screening be permitted to constitute a traffic hazard. All plans are subject to review by the Department of Public Works and Engineering. 4. All required planting strips shall be planted with a minimum of one tree of a diameter not less than two inches and spaced not more than 50 feet apart. The remaining portion of any required planting strip shall be planted with either compact hedging, or evergreens and/or filled in with other suitable ground cover. The required screening hedge along front lot lines shall not be required for open sales lots. G. All parking and storage areas shall be configured surfaced, drained, and marked in conformance with the specifications and requirements of the Department of Public Works and Engineering. H. Any lighting used to illuminate any parking areas shall be so arranged as to reflect the light away from adjoining premises and streets. I. Owners shall improve the interior roadway to the following width: 1. Tollgate Road shall be improved to a minimum width of 48 feet from curb face to curb face from Route 31 to the most westerly proposed north-south roadway; from said north- south roadway Tollgate Road may taper to a minimum width of 36 feet; VOLUME XXXVIII April 25, 1973 166 2. Church Road shall be improved to a minimum width of 44 feet from curb face to curb face from Route 31 westerly to the terminus; 3. Executive and Commerce Drives shall be improved to a minimum width of 36 feet from curb face to curb face from Tollgate Road to Church Road. Said roadwa}s shall be constructed in dedicated rights of way of not less than 66 feet in width; owner shall grant 20 foot easements on each side of said dedicated rights of way for utility purposes. J. Owner shall cause to be constructed and installed at owner's expense a looped 12 inch water main at the direction of CITY; upon completion of city water main CITY shall adopt a reimbursement ordi- nance and formula to reimburse owner for the prorated cost including interest incurred in the extension of said water main. K. CITY shall not be liable or responsible for any expense resulting from and anticipated improvement and signalization of the intersection of Tollgate Road and Route 31. CITY shall cooperate with McGrath and Kovacs in applying for state and federal funds, if available, for such highway improvement including the submission of engineering plans or other documents required for application for said funds. However, all said plans and documents shall be prepared by McGrath and Kovacs. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. This ordinance shall be effective from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. W. E. Rauschenberger, Mayor Presented: April 18,1973 Passed: April 25, 1973 Vote: Yeas 7 Nays 0 Recorded: April 25, 1973 Published: April 25, 1973 Attest: Margaret A. Glink, City Clerk Resolution Adopted Authorizing Transfers Between Several Appropriations Councilman Doxey made a motion, seconded by Councilman Santanni to adopt a resolution authorizing transfers between several appropriations. Yeas: Councilmen Bruneman, Doxey, Landis, Pearsaul, Santanni, Verbic and Mayor Rauschenberger. Nays: None.