G20-75 Ordinance No. G20-75
AN ORDINANCE
RECLASSIFYING CERTAIN TERRITORY AT McLEAN BOULEVARD AND THE
ROUTE 20 BY-PASS FROM M-1, MANUFACTURING, TO A RESIDENTIAL AND
COMMERCIAL PLANNED UNIT DEVELOPMENT
WHEREAS, a written application has been made to reclassify certain
property hereinafter described and located at the southeast corner of
McLean Boulevard and the Route 20 by-pass in the City of Elgin, Kane
County, Illinois, from M-1, Manufacturing, to B-3, Service Business
District, and R-4, General Residence District, with special uses for
commercial and residential development; and
WHEREAS, the Plan Commission has submitted its report to the Zoning
Board of Appeals and to the City Council; and
WHEREAS, a public hearing has been held by the Zoning Board of Appeals
after due notice as required by state statute and the Elgin Zoning Ordinance;
and
WHEREAS, the Zoning Board of Appeals and the Plan Commission have
recommended approval upon certain conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That the special uses requested are necessary for the public
convenience at the location proposed in providing necessary rental housing in
the City of Elgin and related commercial retail uses and are so designed,
located and proposed to be operated that the public health, safety and welfare
will be protected and said special uses will not cause substantial injury to the
value of other properties in the neighborhood in which it is located.
Section 2. That Subsection B of Section 21-106 of Chapter 21 of the City
Code of Elgin, as amended, be and is hereby further amended by adding the
following paragraph:
"That the boundaries hereinbefore described and laid out in
the 'Zoning District Map' , as amended, be and are hereby altered
by including in the B-3, Service Business District, the following
described premises:
That part of the East half of Section 22, Township 41 North, Range
8 East of the Third Principal Meridian described as follows:
Commencing at the Northeast corner of the Northwest quarter of the
Southeast quarter of said Section 22; thence South along the East
line of the Northwest quarter of said Southeast quarter of said
Section 22, a distance of 1038.8 feet; thence Westerly, parallel
with the North line of the Southeast quarter of said Section 22, a
distance of 1843.6 feet to the center line of McLean Boulevard;
thence Northeasterly, along said center line, being along a curve
to the left, having a radius of 4199.43 feet, a distance of 426.4
feet; thence Northeasterly, along said center line, tangent to the
last described curve, a distance of 214.85 feet; thence South-
easterly at right angles to said center line, a distance of
33.0 feet to the Easterly right of way line of McLean Boulevard
as dedicated by Document Number 905285; thence North 25 degrees
00 minutes East along said Easterly right of way line 44.44 feet
for the place of beginning; thence continuing North 25 degrees
00 minutes East along said Easterly right of way line, a distance
of 435.0 feet; thence Northeasterly along said Easterly right of
way line, being along a curve to the left having a radius of
2484.74 feet and parallel with the center line of McLean Boulevard,
a distance of 93.0 feet; thence South 74 degrees 27 minutes 57,7
seconds East 221.18 feet; thence South 3 degrees 15 minutes 00
seconds East 285.0 feet; thence South 65 degrees 15 minutes West
315.0 feet; thence South 88 degrees 00 minutes 00 seconds West
160.0 feet to the place of beginning. Containing 2.994 'cres more
or less in the City of Elgin, Kane County, Illinois."
Section 3. That Subsection B of Section 21-106 of Chapter 21 of the
City Code of Elgin, as amended, be and is hereby further amended by adding
the following paragraph:
"That the boundaries hereinbefore described and laid out in
the 'Zoning District Map' , as amended, be and are hereby altered
by including in the R-4, General Residence District, the following
described premises:
That part of Section 22, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Northeast corner of the Northwest quarter of the Southeast quarter
of said section; thence South along the East line of said quarter-
quarter, 1038.8 feet for the point of beginning; thence North along
the East line of said quarter-quarter and along the East line of the
Southwest quarter of the Northeast quarter of said section, 1152.24
feet to the Southerly line of federal aid highway Route 6 as established
by instrument recorded November 9, 1959 in Book 38 of Plats, Page 82,
as Document 905285; thence Westerly along the Southerly line of said
federal aid highway Route 6, to the Easterly corner of premises
described in Parcel "C" in said dedication, thence Southerly along
the Easterly line of said highway to the Easterly line of McLean
Boulevard; thence Westerly at right angles to said Easterly line 33
feet to the center line of said McLean Boulevard; thence Southwesterly
along said center line 214.85 feet; thence Southwesterly along said
center line along a curve to the left 426.4 feet to a line drawn West,
parallel with the North line of the South half of said section, from
the point of beginning; thence East along said parallel line 1843.6
feet to the point of beginning (except that part thereof described as
follows: That part of the East half of Section 22, Township 41 North,
Range 8 East of the Third Principal Meridian described as follows:
Commencing at the Northeast corner of the Northwest quarter of the
Southeast quarter of said Section 22; thence South along the East line
of the Northwest quarter of said Southeast quarter of said Section 22,
a distance of 1038.8 feet; thence Westerly, parallel with the North
line of the Southeast quarter of said Section 22, a distance of 1843.6
feet to the center line of McLean Boulevard; thence Northeasterly,
along said center line, being along a curve to the left, having
a raduis of 4199.43 feet, a distance of 426.4 feet; thence North-
easterly, along said center line, tangent to the last described
curve, a distance of 214.85 feet; thence Southeasterly at right
angles to said center line, a distance of 33.0 feet to the East-
erly right of way line of McLean Boulevard as dedicated by Document
Number 905285; thence North 25 degrees 00 minutes East along said
Easterly right of way line 44.44 feet for the place of beginning;
thence continuing North 25 degrees 00 minutes East along said
Easterly right of way line, a distance of 435.0 feet; thence
Northeasterly along said Easterly right of way line, being along
a curve to the left having a radius of 2484.74 feet and parallel
with the center line of McLean Boulevard, a distance of 93.0 feet;
thence South 74 degrees 27 minutes 57.7 seconds East 221.18 feet;
thence South 3 degrees 15 minutes 00 seconds East 285.0 feet;
thence South 65 degrees 15 minutes West 315.0 feet; thence South
88 degrees 00 minutes 00 seconds West 160.0 feet to the place of
beginning) , in the City of Elgin, Kane County, Illinois."
Section 4. That a special use be and is hereby granted for the property
described in Section 3 of this ordinance for the construction and maintenance
of a multiple family planned unit development as proposed in the application for
a planned unit development made by Dominick DiMatteo dated January 24, 1975.
Section 5. That a special use be and is hereby granted for the property
described in Section 2 of this ordinance for a planned unit development for
the construction and maintenance of a convenience shopping center as described
in the application for a planned unit development by Dominick DiMatteo dated
January 24, 1975.
Section 6. That the special uses granted herein be and are hereby made
subject to the following conditions:
1. That prior to the issuance of any building permit the owners
of the subject property shall dedicate to the City of Elgin sufficient
land to provide a 50 foot right of way from the center line of McLean
Boulevard.
2. That prior to July 1, 1976 owner shall pay the sum of $7,500
or 15% of the cost of traffic signal equipment and installation con-
tracted for by the City of Elgin for the installation of traffic
signals at Fleetwood and McLean. In the event that no contract is
entered into for said improvement by the City of Elgin by July 1, 1977
the sum of $7,500 shall be returned to the owner.
3. That prior to the issuance of any occupancy permit for resi-
dential units in Phase I, a school site contribution in the amount of
$7,045.64 shall be made; that prior to the issuance of any occupancy
permit for residential units in Phase II a further school site contri-
bution shall be made in the amount of $8,052.16.
4. That a final site plan shall be submitted and approved in
the manner prescribed by the Elgin Zoning Ordinance.
- s r
5. That commencement of construction of the proposed develop-
ment shall occur within two years of the passage of this ordinance
and the development shall be substantially completed within four
years of such commencement of construction.
Section 7. That this ordinance shall be in full force and effect from
and after its passage in the manner provided by law.
s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: April 23, 1975
Passed: April 23, 1975
Vote: Yeas 7 Nays 0
Recorded: April 23, 1975
Published: April 23, 1975
Attest:
s/ Diane Schwartz
Diane Schwartz, Acting City Clerk