G6-74 Ordinance No. G6-74
r AN ORDINANCE
AMENDING CHAPTER 21 OF THE CITY CODE OF ELGIN, ILLINOIS ENTITIED THE
ELGIN ZONING ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN
PROPERTY FROM B-4, GENERAL SERVICE BUSINESS DISTRICT, TO M-1, LIMITED MANU-
FACTURING DISTRICT.
WHEREAS, certain annexation agreements were entered into on February 12,
1969 and October 14, 1970 and amended May 1, 1973 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 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 record owner of the subject property has filed a petition
requesting rezoning of the aforesaid properties from B-4, General Service
Business District to M-1, Limited Manufacturing 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
rik 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 adding to the following paragraph:
That the boundaries hereinbefore described and laid out in the
'Zoning District Map' as amended, be amended by excluding from B-4,
General Service District and including in M-1, Limited Manufacturing
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-
cribed 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-
Al/
ing 55.00 acres more or less.
subject to the following restrictions and conditions:
A. That retail, commercial and manufacturing uses shall be
permitted as follows on lots 14-23 and lots 35-45.
1. All uses as permitted in the M-1, Limited
Manufacturing District, excluding building material
sales and storage, and contractors' establishments;
and
2. Specifically limited to certain B-1 Community
Business District uses, including: banks and financial
institutions, hotels, laboratories, mail order service
stores, medical clinics, meeting halls, newspaper offices,
radio and T.V. broadcasting studios; and
3. Specifically limited to certain B-3 Service
Business District uses, including: blueprinting and
photocopying establishments, motels, recording studios,
schools - commercial or trade, taverns and cocktail
lounges (only when in conjunction with a restaurant or
motel/hotel) and subject to provisions of Chapter 24 of
the Municipal Code of Elgin, telephone exchanges; and
4. Specifically limited to certain B-4, General
Service District uses, including: cartage and express
facilities (but excluding outdoor storage or motor
trucks and truck trailers) , mail order sales and warehousing,
printing and publishing establishments, storage, warehousing
and wholesale establishments.
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B. The front yard set back shall be 50 feet.
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.
D. All building identification signs shall be flush mounted and
comply with the existing City ordinances. One freestanding project
identification sign shall be allowable.
E. No building or other structure with exposed concrete block
construction shall be constructed.
F. 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;
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 roadways 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.
H. Owner shall cause to he 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 ordinance
and formula to reimburse owner for the prorated cost including interest
incurred in the extension of said water main.
I. 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. Owner shall improve Tollgate Road with
channelization as said road approaches its intersection with Route 31,
said improvements to be completed within six months after the date hereof.
However, complete channelization and signalization of the intersection of
Tollgate Road and Route 31 shall not be requied until such time as an
authorized traffic count shows passage of 100 vehicles per hour for any
eight hours out of 24 hours, said count to be taken in accordance with
applicable State standards and requirements, and said count to be taken on
Tollgate Road at and near its approach to the intersection with Route 31.
J. No lot shall be less than two acres and no building erected shall
contain less than 10,000 square feet.
Section 2. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. That 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.
s/ W. E. Rauschenberger
W. F. Rauschenberger, Mayor
Presented: February 27, 1974
Passed: February 27, 1974
Vote: Yeas 7 Nays o
Recorded: February 27, 1974
Published: February 27, 1974
Attest:
s/ Margaret A. Glink
Margaret A. Glink, City Clerk