G16-89 r
Ordinance No. G16-89
AN ORDINANCE
RECLASSIFYING PROPERTY NORTH OF CONGDON AVENUE
AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT
WHEREAS, written application has been made to reclassify certain property
located North of Congdon Avenue from R-2 Single Family Residence District to M-I
Limited Manufacturing District and for a special use for a planned unit development; and
WHEREAS, after due notice in the manner provided by law the Land Use
Committee conducted a public hearing concerning said application and has submitted its
written findings and recommendation that the subject property be reclassified and a
special use for a planned unit development be granted; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings
and recommendations of the Land Use Committee and concurs in its recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map"
of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
"The boundaries hereinbefore laid out in the 'Zoning District Map', as
amended, be and are hereby altered by excluding from R-2 Single Family
Residence District and including in the M-I Limited Manufacturing District
the following described property:
That part of Section 6, Township 41 North Range 9, East of the Third
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Principal Meridian, described as follows: Commencing at a point on the
north line of said Section 6, being also the north line of Hanover Township,
said point being 855 feet west from the northeast corner of said Section 6;
thence south 3 degrees 38 minutes 39 seconds west (deed south 3 degrees 38
minutes west) along the west line of the Assessor's Division, 3783.5 feet
more or less to the original northerly line of Shoe Factory Road (being a
road with a 100 foot right-of-way); thence north 86 degrees 34 minutes 53
seconds west along said northerly right-of-way line 71 feet; thence north 3
degrees 38 minutes 39 seconds east (deed north 3 degrees 38 minutes east)
along a line 71 feet west of and parallel with said west line of Assessor's
Division, 3109.01 feet; thence north 89 degrees 51 minutes 4 seconds west
(deed north 89 degrees 51 minutes 43 seconds west), 109.19 feet to a point
for a place of beginning; thence south 0 degrees 9 minutes 49 seconds west
(deed south 0 degrees 39 minutes 10 seconds west), 886.98 feet; thence
north 89 degrees 51 minutes 4 seconds west, 100 feet; thence north 0
degrees 9 minutes 49 seconds east, 886.98 feet; thence south 89 degrees 51
minutes 4 seconds east, I00 feet, to the place of beginning, in the City of
Elgin, Cook County, Illinois, and containing 88,698 square feet or 2.036
eink acres (said property is located south of the Northwest Tollway, east of
Blackhawk Manor Subdivision)."
Section 2. That the City Council of the City of Elgin hereby adopts the findings
of fact made by the Land Use Committee granting a special use for a planned unit
development, a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, subject to the following conditions:
I. Use of the subject property shall be limited to use customarily
accessory to residential uses, and shall not include the principal structure
on any individual parcel.
2. Compliance with all other applicable codes and ordinances.
Section 3. That the special use granted herein shall expire if not established
within one year from the date of passage of this ordinance.
Section 4. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 22, 1989
Passed: February 22 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
January 17 , 1989
FINDINGS OF FACT
LAND USE COMMITTEE
PLANNING AND LAND USE COMMISSION
CITY OF ELGIN
I . SUBJECT
Consideration, of Petition 1- 89 Requesting a Rezoning from
R- 2 Single Family Residence District with a Special Use for
a Flannej Unit Development to M- 1 Limited Manufacturing
District with a Special Use for a Planned Unit Development ,
property located north of Congdon Avenue , by Cobblers
Crossing Fine Homes Limited Partnership , as Applicant , and
Yimball Hill , Incorporated , as Contract Purchaser from BTR ,
Incorporated .
II . CONSIDERATIONS
A pti ; t3t_r. filed ty Cobbler r Crossing Fine Homes
Limited Partnership requesting a rezoning from R- 2 Single
Family Residences District with a special use for a planned
unit development to M- 1 Limited Manufacturing District with
frk a s p e c : . ; u:.t f u r a planned unit development . The sut•je'ct
property is a 100 foot wide strip of land located north of
Congdr.r. A L' rrcuediately we:•t of and a4iacent to a
parcel e : land owned by liussnan/Toastmaster ..
The purpose cl the requested rezoning is to remove a l0(
t 11dlr.'a setback requirement imposed upon the
adjoinir: J ust,mar,/Toastmaster property . Section, 19 . 36 . 040
of the Elgin Municipal Code require that buildings located
un property .c.nc'd for manufacturing use be set back a
mrnlmur. : (V• f '.et iron, a residence district boundary line .
Renc 'al : f this setback requirement would allow
Hussman;/Tuaslma ter to expand their manufacturing facility
to 3 poi n - nu closer than 20 feet from Cobblers Cr e: : : ng
L;utd ; v. _ i c,r. .
In order to maintain a proper separation between the
proposed u ry ie family homes in Ccbbltr:, Crossing
r;.tdivi5. i 7. ar:c
a } ss. ib] r plant expansion cn the
Hu_sn:an/To.3 to stor property , 100 feet of depth was added
to tht : L : iC •rtial lots . The proposed rezor.ir.?
contemi 1 •iteL c1.3nges to the approved preliminary plan .
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telik
Exhibit A
III . FINDINGS
e After due notice , as required by law , the Land Use
Committee held a public hearing on the proposed rezoning
and special use on January 3 , 1989 . The petitioner
testified at the hearing and presented documentary
evidence . No objectors appeared at the hearing and no
written objection to the petition has been filed .
The Land Use Committee has made the following findings with
rc.il e t to Petition 1 - C9 :
A . fate Characteristics : The subject property contains
approximately 89 ,000 square feet ( 100 x 890) . The
property as unimproved .
B . Sewer and Water : Sewer and water service will be
provided to Cobblers Crossing Subdivision pursuant to
the approved preliminary plan . The proposed rezoning
contemplates no changes to the approved preliminary
engineering plans .
C . Traffic and Parking : The proposed rezoning
contemplates no changes to the approved preliminary
plan . Accordingly , no changes are anticipated which
would effect traffic and parking .
D . coning History : The subject property was rezoned from
M- 1 to R- 2 with a special use for a planned unit
development in 1988 .
L . ,:.rninc; Stu '1Lr residential lots which contain the
subject property are designed in accordance with the
applicable standards in the zoning and subdivision
r i: 1 „ t .
F . Surrounding Land Use and Zoning : The areas located to
the north , south and west of the subject property are
zoned i. i with a special use fur a planned unit
development . These areas are unimproved .
T'.:c- area located to the east of the subject property is
on�c M 1 . The area is improved with a manufacturing
facility .
G . 'Bend cf Lcvelopment : The area in which the subject
property is located is developing primarily with single
family residenLes .
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ork
H . Comprehensive Plan : The area in which the subject
property is located is designated "office , research and
light manufacturing" . However , in light of differences
in the tax structure in Cook County versus Kane County ,
the Planning Committee has found that the area may be
more suitable for urban residential development .
I . P . U . U . Departures from Zoning Reguations : The zoning
ordinance is based on a concept of "purity of zoning" .
7l:at is , only residential uses are allowed in residenc€
districts , only business uses are allowed in business
districts , and only manufacturing uses are allowed in
manufacturing districts .
The proposed planned unit development departs from the
"purity of zoning" concept in that it would allow
residential uses on property zoned M- 1 Limited
Manufacturing District .
J . Suitability of Present Zoning : In view of the
surrounding land use and zoning , the trend of
development in the area , and the goals , objectives and
policies of the Comprehensive Plan , the current R- 2
single family residence district zoning is unsuitable ,
and the subject property should be rezoned to M- 1
Limited Manufacturing District .
few Y. . Conditions for Approval : The land Use Committee is of
the cF ! r. i r: that aj royal of Petition 1 - 89 should be
subject to the following conditions :
1 . list of the subject property shall be limited to
use_ customarily accessory to residential uses , and
FhalI not include the principal structure on any
Individual parcel .
2 . Compliance with all other applicable codes and
ordinances .
IV . RECOMMENDATION
C :.
d Mol . r, tc. recommi-nd approval of Petition 1 - 89 , subject
to the conditions for approval , the vote was six ( 6 ) yes
and zero ( U ) no .
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Therefore , the Land Use Committee recommends approval of
Petition 1- 89 .
4j . ,, / •
V�t ■.-ai.i 10.. 1)-13
Robert W. Siljestr !m , Cbairm- n l
Land Use Committee
Planning and Land Use Commission
-ova' , • emu&.2.t s -V"-&
Thomas J . A •mstrong , Secr -1 a y
Land Use Committee
Planning and Land Use Commission
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