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G-1629 Ordinance No. G-1629 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE CLASSIFICATION OF CERTAIN PROPERTY TO B-3, SERVICE BUSINESS DISTRICT, AND TO AUTHORIZE A SPECIAL USE FOR AN OPEN STORAGE YARD. WHEREAS a written application has been filed to rezone certain property located at 720 East Chicago Street, Elgin, Illinois from B-3, Service Busi- ness District, to B-4, General Service District; and certain property located at 11 Oakwood Boulevard from B-1, Community Business District, to B-4, General Service District, and for a special use for an open storage yard on said properties; and WHEREAS the Plan Commission has reviewed the application and submitted its written report and recommendations to the Zoning Board of Appeals and the City Council; and WHEREAS the Zoning Board of Appeals, after due notice, conducted a public hearing on said application and has made a report of its findings and recommended the granting of the requested rezoning and the special use subject to certain conditions; and WHEREAS the City Council has reviewed the report and recommendations of the Plan Commission and the Zoning Board of Appeals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS: Section 1. That the City Council hereby finds that granting the requested rezoning and special use requested is necessary for the public convenience in that a long standing use providing a useful service to the community will be permitted to expand in an orderly manner and under a more appropriate classifi- cation; and That it further finds that the public health, safety and welfare will be protected by the imposition of conditions requiring landscaping and screening, limiting access and requiring the grant of an easement to protect and maintain Willow Creek which adjoins part of the subject property; and That it further finds that the proposed use will not cause substantial injury to other property in the neighborhood in that the use has existed for a long period of time on part of the properties and expansion will be limited by appropriate conditions and restrictions which will protect the value of property in the neighborhood. Section 2. That Subsection B of Section 21-106 of Chapter 21 of the City Code of Elgin, Illinois, as amended, be and is hereby further amended by adding thereto the following paragraphs: That the boundaries hereinbefore described and laid out in the Zoning District Map, as amended, be and are hereby altered by excluding from B-3, Service Business District, and including in B-1, Community Business District, the following described premises: Parcel 1: That part of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian, described by commencing on the West line of said Section at the intersection thereof with the center line of Chicago Street in Elgin, thence South 67 degrees 20 minutes East along said center line 373.1 feet for a place of beginning; thence North 22 degrees 40 minutes East 180 feet, thence South 67 degrees 20 minutes East 50 feet, thence South 22 degrees 40 minutes West 180 feet to a point in said center line of Chicago Street, thence North 67 degrees 20 minutes West along said center line 50 feet to the place of beginning (except that part thereof falling within said Chicago Street) Parcel 2. That part of Lot 16 in County Clerks Subdivision of the Southwest quarter of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian, in Elgin, described as follows: Commencing at the Northwest corner of the Southwest quarter of said Section 18, thence South along the West line of said Section 266.0 feet to the Northerly line of Chicago Street extended Westerly, thence South 67 degrees 20 minutes for a place of beginning, thence North 22 degrees 40 minutes East 150.0 feet thence South 67 degrees 20 minutes East 25.0 feet to the Westerly bank of a creek; thence Southerly and Southeasterly along the Westerly bank of the creek to a point in the Northerly line of Chicago Street that is 110.0 feet Easterly of the place of beginning, thence North 67 degrees 20 minutes West along said Northerly line 110 feet to the place of beginning. That the boundaries hereinbefore described and laid out in the Zoning District Map, as amended, be and hereby are altered by excluding from B-1, Community Business District, and including in B-4, General Service District, the following described premises: Parcel 3. Lot 11 in Lord's Park Terrace, a part of Lot 16 of the County Clerk's Subdivision in the Southwest Quarter of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian, in Cook County, Illinois, except that part described as follows: Commencing at the Southeast corner of said Lot 11 located on the right of way line of the public highway; thence North 150 feet to a point on the South line of Lot 12 extended Westerly; thence Westerly to a point on the Westerly line of said Lot 11, which is 136 feet North of the Southerly line of said Lot 11; thence Southerly on the Westerly line of Lot 11, 136 feet to the right of way line of the public highway; thence easterly along the right of way line of the public highway, 81 feet to the place of beginning. Section 3. That a special use for an open storage yard on the above des- cribed properties be and is hereby granted subject to the following conditions: (a) Owners of the subject property shall grant to the City of Elgin a permanent 15 foot easement along the subject property adjoining Willow Creek for access and maintenance of Willow Creek. Said easement shall be delivered to the Department of Community Development in recordable form after approval by the Corporation Counsel. (b) No access to the subject property shall be permitted from Oakwood Boulevard. (c) Submission to and approval by the Department of Community Development of a site plan showing improvements, existing topography and vegetation which screens the creek bed and the adjacent residential property. (d) Installation of a densely planted screen along the north side of subject property where the slope begins upward toward the Oakwood Boulevard elevation. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. migtiktiffisrfffeir, t rnr) Presented: October 24, 1973 Passed: Vote: Yeast""6"giys 1971 Recorded: Published: ```Lubcz 24, 197: UctieRr 74. 147, Attest: 1t`r are t: &Hit C?:diti-1)