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HomeMy WebLinkAboutv - November 29970 NOVEMBER 29, 2006 VOLUME LXXI COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on November 29, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:08 p.m. The Invocation was given by Reverend Lionel Sweeny from the Second Baptist Church and the Pledge of Allegiance was led by Christine Byers from the Daily Herald. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE NOVEMBER 8, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the November 8, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. COMMUNICATIONS Presentation of Life Saving Awards Robin Harkison of the Elgin Police Awards Committee presented awards to Elgin Police Officer Jay Sheehan and to a community citizen, John Bonham. On June 2, 2006, at approximately 4:30 p.m. Officer Jay Sheehan responded to Wing Park Golf Course where two people had been struck by lightning. Officer Sheehan ran to the subjects who were under a large tree, one man appeared to be conscious and breathing while the other man was unconscious. John Bonham was administering CPR to the unconscious man and between Mr. Bonham and Officer Sheehan they continued CPR until an ambulance arrived. Unfortunately, one of the victims succumbed to his injuries later. In the face of extreme danger to themselves, Officer Sheehan and John Bonham did everything in their power to save the victims of the freak lightning storm. Their quick and selfless acts warrant the presentation of the Life Saving Awards to John Bonham and Officer Jay Sheehan. VOLUME LXXI NOVEMBER 29, 2006 971 Presentation of Gifts from Elgin, Scotland, to Elgin, Illinois, via the Elgin Youth Symphony Orchestra Kathy Matthews, Executive Director of Elgin Youth Symphony Orchestra (EYSO), stated that the Elgin Youth Symphony Orchestra auditioned in 2005 and was accepted to perform in Aberdeen, Scotland, in the Aberdeen International Youth Festival of Arts in August 2006. She stated that they are very grateful to the Palmer Foundation in Elgin and the State of Illinois Governor’s International Arts Exchange Program which provided and made it possible to grant $21,000 in scholarships to students to allow every student who wanted to go be able to go financially. As part of their performances, one performance was scheduled to be in Elgin, Scotland. They were hosted in Elgin by an 80-member youth brass group which tours every other year, and they now want to come to Elgin, Illinois. Ms. Matthews asked John Rot, who is a junior at Larkin High School, and his mother, Ellen Lock, who is a social worker at Larkin High School, to tell a little about the trip. John stated that the trip to Scotland was unforgettable. Often that would be just because of the musical value and the experience of playing music in great places, but this trip to Scotland brought something else with it. John stated that they were able to connect with so many other cultures, both on a musical level and on an emotional level. He said that provided an extra experience that most people his age wouldn’t get and one he never will forget. Ellen Lock stated that she also wanted to try to express the excitement that Kathy and John tried to convey about the tour. She stated that the international aspect of the tour is what really impressed her, and she named the many countries which the youth groups came from. There was only one group from the United States, and it was the Elgin Youth Symphony Orchestra! To hear the EYSO play in the beautiful hall, to see people in the audience from all the other cultures listening to Gershwin played by the EYSO, and to know what these young people were experiencing was fabulous. She said they represented our country and the Fox Valley community wonderfully. Ms. Mathews also related that two days before they were to return to the United States, they were informed that because of the change in security regulations on the airlines, all the instruments which they had carried on the plane going to Scotland would now have to be checked in the luggage compartment, which meant purchasing 60 pieces of luggage for the instruments! She stated that they brought gifts back for the Mayor, including visitor brochures from Elgin, Scotland. Elgin is located in the County of Moray, and their head person, who is called a convener, sent a beautiful Coat of Arms of their county for the Mayor. The EYSO students had a photograph taken in front of the Town Hall of Elgin, Scotland, and they had that photograph framed along with a picture of them taken on Walton Island, in Elgin, Illinois. These gifts were presented to Mayor Schock, and the Council was thanked for its support. Mayor Schock stated that it was an honor to accept these gifts on behalf of the City of Elgin and the City Council. He said they will be proudly displayed in City Hall, so that everyone in the community can appreciate and be aware of the tremendous organization the Elgin Youth NOVEMBER 29, 2006 VOLUME LXXI 972 Symphony Orchestra is. It is one of the treasures of Elgin that makes it a unique community. Mayor Schock stated that it also reminds us of what tremendous youth we have, and we’re very proud to have these young people as ambassadors for Elgin, Illinois. Presentation to Christine Byers Mayor Schock stated that the press is the institution that keeps the Council honest. They have a role of being aggressive and forceful and yet also tactful and mindful of the fact that what they write can be good or sometimes bad for our community. Mayor Schock stated that Christine Byers, the Daily Herald reporter who has been covering the City of Elgin, exemplifies tremendous professionalism in the exercise of her craft. Although she has caused all of us anguish at different times, Mayor Schock stated that he knows the entire City Council, has a great deal of respect for the job she has done and the manner in which she has covered City government. As she moves to St. Louis and the St. Louis Post Dispatch, a very large and prestigious paper, the City Council wishes her the very best. Mayor Schock presented Christine with an Elgin tote bag which had several Elgin mementos in it. Christine Byers thanked everyone who was present. She said that Elgin is going to be hard to leave because it’s been a great community to cover. There is so much here that is interesting and so much to get involved with. She said other communities don’t have a packed City Hall and they don’t have the civic pride and involvement that there is in Elgin. She expressed her appreciation for the kind words and gifts. RECOGNIZE PERSONS PRESENT Bennie Sowers, as President of the Blackhawk Residents Corporation, which has been newly incorporated, stated that she is proud to share the corporation’s mission statement, which is as follows: “To build long-term residency, encourage preservation of our homes, enhance safety and security, promote volunteerism and volunteer activism, to lessen crime, eliminate racial prejudice, and build community by joining neighbors together.” Doug Heaton stated that he was asked to speak on behalf of a group of concerned citizens who are forming to try to get some things accomplished in the City which they feel need to be done. He stated that he had hoped that the resolution regarding immigration would be more specific than the wording used. He particularly feels that the resolution could request more immigration and customs enforcement activity within our City. In addition, he has concerns regarding what “reform” means in Washington and how that is going to play out. One of the things he believes the City can do is pass legislation similar to what was passed in the State of Colorado in May. Essentially it requires officers to report illegal aliens to Immigration and Customs Enforcement and to track that number. He believes that does a couple things for the City. First, it allows you to see the scope of the problem by assessing how many go back on the street and how many they take custody of. Secondly, it provides a catalog for those who are undocumented. He asked that Elgin take a look at this act. He stated that he continues to ask that rather than push the things off on federal authorities, that the City look for ways to locally enforce the laws which will benefit the citizens of Elgin and provide the protection that the citizens deserve. VOLUME LXXI NOVEMBER 29, 2006 973 Dale Johnson stated that he firmly supports what Doug Heaton just said. He hopes that strong action can be taken to move forward positively. BID 06-086A AWARDED TO PINNACLE SALES FOR THE PURCHASE OF ELEVEN REPLACEMENT TURBIDITY METERS AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Pinnacle Sales, Inc. in the amount of $17,127.50 for the purchase of eleven replacement turbidity meters at the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-107 AWARDED TO INSITUFORM TECHNOLOGIES USA FOR THE 2006 SEWER LINING PROJECT Councilmember Sandor made a motion, seconded by Councilmember Walters, to award a contract to Insituform Technologies USA in the amount of $891,090 for the 2006 Sewer Lining Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-110 AWARDED TO MERELL BROS., INC. FOR DREDGING WORK AT THE WATER DEPARTMENT’S LIME SLUDGE LAGOONS OFF SOUTH MCLEAN BOULEVARD NEAR THE HIGHLANDS OF ELGIN GOLF COURSE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a contract with Merrell Bros., Inc. in the amount of $64,650 for dredging work at the Water Department’s lime sludge lagoons off South McLean Boulevard near the Highlands of Elgin Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-111 AWARDED TO PETROLIANCE LLC/BONCOSKY OIL COMPANY FOR OFFSITE FUELING SERVICES Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve a two year purchase agreement, with the option to renew for an additional year, with Petroliance LLC/Boncosky Oil Company for offsite fueling services as outlined by the memo received by Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 29, 2006 VOLUME LXXI 974 BID 06-112 AWARDED TO FREEWAY FORD FOR THE PURCHASE OF ONE FULL SIZE, FOUR WHEEL DRIVE PICKUP TRUCK EQUIPPED WITH A UTILITY BODY AND PLOW Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award the purchase of one full size, four wheel drive pickup truck equipped with a utility body and plow to Freeway Ford in the amount of $39,913.15 after trade-in. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-114 AWARDED TO RIEKE OFFICE INTERIORS FOR THE PURCHASE OF OFFICE FURNITURE FOR THE CODE ENFORCEMENT AND PLANNING DEPARTMENTS AND FISCAL SERVICES AND ALSO AWARDS A PURCHASE AGREEMENT TO KENTWOOD OFFICE FURNITURE FOR FURNITURE IN THE CENTRAL SERVICES DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve a purchase agreement with Rieke Office Interiors in the amount of $14,773 for furniture for Code Enforcement and Planning Department and Fiscal Services, and also award a purchase agreement to Kentwood Office Furniture in the amount of $3,179 for furniture for the Central Services Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 68-06 TABLED REQUESTING A MAP AMENDMENT FROM RC1 RESIDENCE CONSERVATION DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT; TO PERMIT THE ESTABLISHMENT OF OFFICES IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 110 NORTH MCLEAN BOULEVARD BY BWK PROPERTIES, LLC, AS APPLICANTS AND OWNERS The petitioner has requested that the petition be tabled to provide more time to work on additional site design improvements. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to table Petition 68-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 29, 2006 975 PETITION 69-06 TABLED REQUESTING A MAP AMENDMENT FROM RC1 RESIDENCE CONSERVATION DISTRICT TO PRB PLANNED RESIDENCE BUSINESS DISTRICT, IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 130 NORTH MCLEAN BOULEVARD BY ELGIN NURSING PROPERTY, LLC, AS APPLICANTS AND OWNERS Community Development Director Deering stated that this petition is related to Petition 68-06. The petitioner has requested that this petition also be tabled to allow more time to work on site design improvements. Councilmember Walters made a motion, seconded by Councilmember Kaptain, to table Petition 69-06. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 105-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE GI GENERAL INDUSTRIAL DISTRICT, TO PERMIT THE ESTABLISHMENT OF AN EMERGENCY SHELTER; PROPERTY LOCATED AT1730 BERKLEY STREET, UNITS A AND B, BY PUBLIC ACTION TO DELIVER SHELTER (PADS) OF ELGIN, AS APPLICANT, AND KEITH KELLENBERGER, AS OWNER Community Development Director Deering stated that this petition is a request to permit the establishment of an emergency shelter in an existing building located on approximately one acre of land at 1730 Berkley Street. The applicant proposes to lease 10,803 square feet of the industrial building and will provide dormitory style sleeping rooms for approximately 60 guests per night. The proposal also provides for laundry facilities, showers, clothing lockers, a kitchen, administrative offices, and meeting rooms. The Zoning and Subdivision Hearing Board recommended approval. Councilmember Walters made a motion, seconded by Councilmember Sandor, to approve Petition 105-06 subject to conditions. Councilmember Figueroa personally congratulated the PADS organization and the volunteers who have been working with the homeless community for years. He congratulated them for their leadership, for the work they have done, their persistence, better management, hard work, and commitment. He stated that those factors earned them the support now which had been denied many times before. He hopes now that they’ll have a permanent shelter that they’ll come back and share some of the stories regarding the people they’ve helped to break the cycle of homelessness. Councilmember Figueroa stated that PADS has given the homeless an opportunity to give back to the community, and he thanked PADS for doing so. Councilmember Walters echoed the last comment of Mr. Lagley, Chairman of the Zoning and Subdivision Hearing Board, “It was a great day for Elgin.” NOVEMBER 29, 2006 VOLUME LXXI 976 Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 104-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING; PROPERTY LOCATED AT 482 AND 500 NORTH MCLEAN BOULEVARD BY ESTHER ZAMUDIO, AS APPLICANT, AND BY LAURINE C. WINNER, TRUSTEE OF THE LAURINE C. WINNER DECLARATION OF TRUST DATED JUNE 11, 1991, AND PAUL A. MARING, TRUSTEE OF THE PAUL A. MARING DECLARATION OF TRUST DATED JULY 1, 1994, AS OWNERS Community Development Director Deering stated that this application provides for the redevelopment of the 1.6 acre site located at the northwest corner of McLean Boulevard and Plymouth Lane. The proposal will feature the construction of a 20,000 square foot masonry building. The Zoning and Subdivision Hearing Board recommended approval. Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve Petition 104-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G92-05 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING IN THE RB RESIDENTIAL BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (482 AND 500 NORTH MCLEAN BOULEVARD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G92-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF AN OFFICE BUILDING IN THE RB RESIDENTIAL BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (482 & 500 North McLean Boulevard) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of an office building within the RB Residential Business District and the ARC Arterial Road Corridor Overlay District at 482 & 500 North McLean Boulevard; and VOLUME LXXI NOVEMBER 29, 2006 977 WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 1, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the construction of an office building within the RB Residential Business District and the ARC Arterial Road Corridor Overlay District at 482 & 500 North McLean Boulevard and legally described as follows: Real Estate owned by Maring Trust: That part of the South 496.5 feet of the East Half of the Southwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the West line of McLean Boulevard, 370 feet North of the South line of the Southwest Quarter of said Section 10; thence West parallel with the South line of the Southwest Quarter of said Section 10, a distance of 262 feet; thence North to a point in the North line of the South 496.5 feet of the East Half of the Southwest Quarter of Said Section 10, which is 266.8 feet West of the West line of the McLean Boulevard; thence East along the North line of the South 496.5 feet of the East Half of the Southwest Quarter of said Section, 266.8 feet to the West line of McLean Boulevard; thence South along the West line of McLean Boulevard, 126.5 feet to the Place of Beginning, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 500 North McLean Boulevard). Real Estate owned by Winner Trust: That part of the East Half of the Southwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the West line of McLean Boulevard, 222.3 feet North of the South line of said Southwest Quarter; thence West, parallel with the South line of said Quarter Section, a distance of 262.0 feet; thence Northwesterly along a line that forms a angle of 67 degrees 51 minutes 50 seconds to the right, with the prolongation of the last described line, a distance of 146.53 feet; thence East, parallel with the South line of said Quarter Section, a distance of 60.0 feet; thence Northerly along a line that forms a angle of 90 degrees 24 minutes to the left, with the prolongation of the last described line, a distance of 12.0 feet; thence East, NOVEMBER 29, 2006 VOLUME LXXI 978 parallel with the South line of said Quarter Section, a distance of 262.0 feet to the West line of McLean Boulevard; thence South along said West line of McLean Boulevard, a distance of 147.7 feet to the Place of beginning (except the Southerly 24 feet of even width thereof measured along the Easterly border line), in the Township of Elgin, Kane County, Illinois (Property Commonly Known as 482 North McLean Boulevard). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Peter Bazos on October 24, 2006. 2. Substantial conformance to the development plan for 482 & 500 North McLean Boulevard prepared by Monarch Design & Construction, LLC, consisting of a Conceptual Site Plan dated revised November 10, 2006, an Architectural Design Concept Building Elevation Sheet dated October 6, 2006, and a Floor Plans Sheet dated October 6, 2006. 3. Substantial conformance to the Preliminary Landscape Plan prepared by Walsh Landscape Construction dated revised October 4, 2006, with the following requirement added: In the required transition landscape yards along the north and west lot lines of the subject property, the compact continuous hedge must consist of shrubs that, aside from being installed at three and one half foot centers, must also be installed at a minimum four foot height and must be maintained at a minimum eight foot height. 4. Substantial conformance to the proposed monument style graphic elevation drawing prepared by Monarch Design & Construction, LLC, dated November 10, 2006. This graphic cannot exceed 40 square feet of surface area. Landscaping around the monument graphic must meet the landscaping requirements of the graphic ordinance; a proposed graphics landscape plan must be submitted to and approved by the Community Development Group. 5. The refuse collection area must be enclosed with a fence or wall at a maximum structural height of 6 feet. 6. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI NOVEMBER 29, 2006 979 Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-280 ADOPTED IN SUPPORT OF PARTNERS IN TRANSIT Andy Plummer of the Regional Transit Authority stated that he is requesting that Elgin participate in the Partners for Transit Program and the Moving Beyond Congestion Project. Approximately 250 organizations, of which 70 are municipalities, have already signed up. He stated that there is a $27 billion transit investment in Northeastern Illinois which carries two million riders a day. The RTA believes the transit system provides specific and special benefits to Northeastern Illinois. It provides $1.2 billion in economic benefits directly because of the elimination of congestion which would be caused by people riding in their automobiles. A full train replaces almost a thousand cars, and a full bus replaces almost 50 cars. The results of having a sound transit system such as we have provides for a robust local economy, more livable community, and definitely a more attractive place to live and invest in. Mr. Plummer stated that the transit system is losing the battle with congestion to a large degree. There has to be an increase of approximately six percent a year in the number of people who use the transit system to maintain the current congestion level and keep cars off the road. The problem is that in the last three years, all three service boards (CTA, Pace, and Metra) have begun to use the money that should be designated for capital items to maintain, enhance, and expand the system is instead being used to operate the system. The transit system investment needs to be protected, and that is going to require some changes in the legislation and some funding from Springfield. An increase in revenues is needed to not only to expand and enhance the system but also to meet the current demand. Not to do so means that services will be cut, fares will be increased, and the system will be downsized. Mr. Plummer stated that the crisis that occurred in the late 1980’s is not upon us yet. The RTA Board Chairman has defined the year 2007 as a year of decision. A report has been prepared which identifies over $57 billion worth of projects to maintain, enhance, and expand the system which needs to be done in the next 30 years. They’re asking the City of Elgin, not to endorse the plan, but to sign on as a partner to help move through the process and maintain the system in the way the Partners in Transit think is appropriate and necessary to make this region as vital as it should be. Mr. Plummer said the last year has been spent in trying to come to consensus with CTA, Pace, Metra, City of Chicago, Cook County suburbs, and all of the blue collar counties. Early next year they’ll be looking at funding schemes, which will be the difficult part. NOVEMBER 29, 2006 VOLUME LXXI 980 Mayor Schock stated that the 30-year plan included several projects that would directly benefit Elgin’s community. This year the federal government passed the federal transportation bill. A couple projects important to Elgin are included in that, but it requires a State match of participation to access those dollars. Some of the projects are the STAR line which would directly link the City of Elgin to O’Hare Airport and the Pace Golf Road bus rapid transit line which would facilitate all those who go east from Elgin. Beyond the transportation bill, a project that has been geared to Elgin would be to extend the Metra west line which currently terminates in Elgin further west. If it terminates further west, it would mean that the yards which are currently housed at the Chicago Street station could be relocated to what would be the final stop west. This would dramatically improve the Chicago Street station for commuters. So there are a lot of projects that would directly benefit Elgin. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-280 RESOLUTION IN SUPPORT OF PARTNERS IN TRANSIT WHEREAS, road congestion is a severe and growing threat to Northeastern Illinois economic prosperity and costs residents more than $4.2 billion each year; and WHEREAS, transit is part of the solution by reducing the cost of congestion and saving the region $1.6 billion annually; and WHEREAS, transit resources are not growing to keep pace with ridership demands resulting in the diversion of capital funds to maintain current operating expenses by all three service boards and a lack of funds to replace aging vehicles and facilities and expand the system; and WHEREAS, the continued erosion of transit resources precludes the region from having a world-class transportation system that would become the keystone of the region's growing business opportunities; and WHEREAS, the RTA, CTA, Metra and PACE have joined with dozens of other municipalities as Partners for Transit and launched the Moving Beyond Congestion project to build consensus on the need for an improved and expanded transit network; and WHEREAS, the RTA as part of their financial oversight and regional planning responsibilities has embarked on a strategic planning effort to define the means to preserve the existing transit system and provide new transit investment for the future economic well being of the region. VOLUME LXXI NOVEMBER 29, 2006 981 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City of Elgin agrees to become a Partner for Transit joining with the RTA, CTA, Metra and PACE in the Moving Beyond Congestion project to provide a better transit system for all. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City of Elgin will endeavor to promote the Moving Beyond Congestion project to community organizations and residents to help shape the future of the region. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S20-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-ELGIN EAST ASSEMBLAGE-PHASE 3) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S20-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-Elgin East Assemblage-Phase 3) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and NOVEMBER 29, 2006 VOLUME LXXI 982 WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: TRACT A: PARCEL ONE: THAT PART OF THE NORTHWEST, THE NORTHEAST, THE SOUTHWEST AND THE SOUTHEAST QUARTERS OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SECTION 1, TOWNSHIP AND RANGE AFORESAID, WHICH POINT IS 2.74 CHAINS EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; RUNNING THENCE SOUTH 16 DEGREES 27 MINUTES 0 SECONDS WEST 28.71 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY; THENCE NORTH 52 DEGREES 50 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 4.27 CHAINS; THENCE NORTH 58 DEGREES 0 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 8.36 CHAINS; THENCE NORTH 16 DEGREES 30 MINUTES 0 SECONDS EAST 21.39 CHAINS TO THE NORTH LINE OF SAID SECTION 1; THENCE EAST ALONG SAID NORTH LINE OF SECTION 1, 12.49 CHAINS TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 1 THAT IS 180.84 FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST ALONG THE WESTERLY LINE OF WILDWOOD WEST UNITS 2 AND 3, SUBDIVISIONS OF SAID SECTION 1, AND ALONG THE SOUTHWESTERLY EXTENSION THEREOF 1898.30 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO VOLUME LXXI NOVEMBER 29, 2006 983 THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 333.28 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 57 DEGREES 13 MINUTES 55 SECONDS WEST 333.27 FEET); THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 310.83 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 33 MINUTES 54 SECONDS EAST ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTH LINE OF SAID SECTION 1 AT A POINT 824.34 FEET WEST OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID NORTH LINE), A DISTANCE OF 170.30 FEET; THENCE SOUTH 71 DEGREES 34 MINUTES 14 SECONDS EAST 260.74 FEET; THENCE SOUTH 16 DEGREES 33 MINUTES 54 SECONDS WEST 232.37 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 269.99 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 1 THAT IS 180.95 FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 1577.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 320.52 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 22.46 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 56 DEGREES 29 MINUTES 10 SECONDS WEST 22.46 FEET); THENCE NORTH 16 DEGREES 36 MINUTES 27 SECONDS EAST 251.27 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES 09 SECONDS EAST 195.00 FEET TO THE POINT OF BEGINNING); IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT A PARCEL ONE. TRACT B: SITUATED IN PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF RUTLAND, COUNTY OF KANE, STATE OF ILLINOIS, AND BEING MORE PARTICULARLY DESCRIBED AS NOVEMBER 29, 2006 VOLUME LXXI 984 FOLLOWS: COMMENCING AT A POINT BEING THE INTERSECTION OF THE CENTERLINES OF HIGHLAND AVENUE AND McCORNACK ROAD; THENCE NORTH 23 DEGREES 45 MINUTES 11 SECONDS EAST (ASSUMED BEARING), ON AND ALONG THE CENTERLINE OF McCORNACK ROAD, A DISTANCE OF 349.36 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 23 DEGREES 45 MINUTES 11 SECONDS EAST ALONG SAID CENTERLINE 1114.81 FEET TO THE SOUTH LINE OF THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 89 DEGREES 37 MINUTES 01 SECOND EAST 1060.73 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 07 MINUTES 53 SECONDS EAST 1214.08 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 35 SECONDS WEST 1053.77 FEET; THENCE NORTH 67 DEGREES 00 MINUTES 00 SECONDS WEST 500.81 FEET TO THE PLACE OF BEGINNING; ALL SITUATED IN KANE COUNTY, ILLINOIS. ALSO: THAT PART OF McCORNACK ROAD LYING WESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT B. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI NOVEMBER 29, 2006 985 ORDINANCE G85-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT, STANDARD SINGLE FAMILY LOT NEIGHBORHOOD 4 (HPI-L.L.C., EAST ASSEMBLAGE - 3750 AND 3751 WEST HIGHLAND AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G85-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Standard Single Family Lot Neighborhood 4 (HPI – L.L.C, East Assemblage – 3750 and 3751 West Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning map, prepared by Jen Land Design, Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhood 4 on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (page 1). NOVEMBER 29, 2006 VOLUME LXXI 986 Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). VOLUME LXXI NOVEMBER 29, 2006 987 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. NOVEMBER 29, 2006 VOLUME LXXI 988 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance, subject to the standards set forth below in subsections 2, 3, and 4. 2. Lot Area and Lot Width. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] and “lot width” [SR] shall be in substantial conformance with the following documents: a. Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 7 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. 3. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions, except as set forth below in subsection 4. 4. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: VOLUME LXXI NOVEMBER 29, 2006 989 a. Arterial Street Setback. Where a zoning lot has frontage on Big Timber Road, Highland Avenue, or Damisch Road, the minimum required setback for a building from a street lot line shall be eighty (80) linear feet. b. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be twenty-five (25) linear feet. c. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be seven (7) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than fourteen (14) linear feet. d. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be seven (7) linear feet. e. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be thirty (30) linear feet. 5. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 6. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance, except to the extent that the same conflicts with the standards set forth above. 7. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 8. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 9. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, and revised on September 10, 2004: a. Landscape Guidelines for the East Assemblage, the Entry Landscape Concept – Plan View. b. Typical Buffer Section Residential Collector Road – East Assemblage. c. Typical Buffer Section (detailing the Kane County Historic Farm). NOVEMBER 29, 2006 VOLUME LXXI 990 d. Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section – East Assemblage. e. Typical Foundation Plans Planting Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the following documents: a. Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. d. Substantial conformance to the HPI Pingree Grove, L.L.C., Residential Images – Single Family Detached, prepared by HPI – Elgin, L.L.C. e. Architectural Standards for Single Family Detached and Single Family Attached Dwellings, identified as Exhibit L2 in the original development application, and dated June 10, 2004, with a final revision date of December 3, 2004. f. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., and dated June 11, 2004, with a final revision date of December 3, 2004. g. Specific building elevations plans for all residential structures proposed to be constructed in this PSFR2 Planned Single Family Residence District shall be submitted to the city’s Community Development Director for review and approval. The standards for such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. h. The exterior building materials of the detached single family dwellings on all four sides shall be cedar, masonry, stone, dryvit or cement fiber board on all four building elevations provided that not more than twenty percent of the homes to be constructed shall have dryvit as the dominant building material on all building elevations. Vinyl and aluminum products may only be used on facias and VOLUME LXXI NOVEMBER 29, 2006 991 soffits. The following architectural design requirements shall also apply to single family units: 1. A minimum two foot return on the side elevation where brick is present on the front elevation, continuing masonry on all elevations, or providing the termination of the masonry material on an inside corner. Ending the veneer at an outside corner which exposes the edge of the facing material is not acceptable. 2. Front porches shall be a minimum of 6 feet in depth. 3. All doors and windows on all four elevations shall have a minimum 4-6 inch wide trim surrounding each opening. 4. The architecture of the façade on a street facing side wall shall be consistent with the front building façade. i. Notwithstanding any of the above conditions, the minimum floor area for a detached single family dwelling unit shall be 2,000 square feet for a single story dwelling, and 2,400 square feet for a two-story dwelling. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. j. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. NOVEMBER 29, 2006 VOLUME LXXI 992 L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI NOVEMBER 29, 2006 993 Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G86-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT, TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) SINGLE FAMILY NEIGHBORHOOD 6A (HPI-L.L.C., EAST ASSEMBLAGE - 3750 AND 3751 WEST HIGHLAND AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G86-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Traditional Neighborhood Development (TND) Single Family Neighborhood 6A (HPI – L.L.C, East Assemblage – 3750 and 3751 West Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and NOVEMBER 29, 2006 VOLUME LXXI 994 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised on December 3, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhood 6A on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (page 1). Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI NOVEMBER 29, 2006 995 E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as NOVEMBER 29, 2006 VOLUME LXXI 996 amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area and Lot Width. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] and “lot width” [SR] shall be in substantial conformance with the following documents: a. Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. VOLUME LXXI NOVEMBER 29, 2006 997 b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. 3. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions 4. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Arterial Street Setback. Where a zoning lot has frontage on Big Timber Road, Highland Avenue, or Damisch Road, the minimum required setback for a building from a street lot line shall be eighty (80) linear feet. b. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be as follows: i. Twenty (20) linear feet from the street lot line to the main building façade. ii. Fifteen (15) linear feet from the street lot line to a covered porch or portico. iii. Ten (10) linear feet where the side building facade faces a street lot line. c. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be six (6) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twelve (12) linear feet. d. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be six (6) linear feet. e. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be as follows: i. Twenty-five (25) linear feet from the rear lot line to the principal building. ii. Five (5) linear feet from the rear lot line to the garage, either attached or detached. 5. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions NOVEMBER 29, 2006 VOLUME LXXI 998 of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 6. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 7. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 8. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.35 (35%). 9. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, and revised on September 10, 2004: a. Landscape Guidelines for the East Assemblage, the Entry Landscape Concept – Plan View. b. Typical Buffer Section Residential Collector Road – East Assemblage. c. Typical Buffer Section (detailing the Kane County Historic Farm). d. Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section – East Assemblage. e. Typical Buffer Section – East Assemblage (titled the same for Single Family Neighborhoods 2&12, and for Townhome Neighborhood 13). f. Typical Foundation Plans Planting Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the following documents: a. Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. VOLUME LXXI NOVEMBER 29, 2006 999 c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. d. Substantial conformance to the HPI Pingree Grove, L.L.C., Residential Images – Small Lot Single Family Detached, prepared by HPI – Elgin, L.L.C, identified as Exhibit 14 in the City Council binder, undated. f. Architectural Standards for Single Family Detached and Single Family Attached Dwellings, identified as Exhibit 15 in the City Council binder, and dated June 10, 2004. g. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., and dated June 11, 2004, with a final revision date of December 3, 2004. h. The exterior building materials of the detached single family traditional neighborhood design (TND) dwellings shall be wood, stone, brick, stucco, EIFs, .024 gauge aluminum and vinyl. i. Specific building elevations plans for all residential structures proposed to be constructed in this PSFR2 Planned Single Family Residence District shall be submitted to the city’s Community Development Director for review and approval. The standards for such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. j. Notwithstanding any of the above conditions, the minimum floor area for a detached single family dwelling unit within the TND neighborhoods shall be 1,400 square feet. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. k. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. NOVEMBER 29, 2006 VOLUME LXXI 1000 J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. VOLUME LXXI NOVEMBER 29, 2006 1001 P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G87-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT, NEIGHBORHOOD 6B (HPI - L.L.C., EAST ASSEMBLAGE - 3750 AND 3751 WEST HIGHLAND AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. NOVEMBER 29, 2006 VOLUME LXXI 1002 Ordinance No. G87-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT Neighborhood 6B (HPI – L.L.C, East Assemblage – 3750 and 3751 West Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: Those areas on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in the PMFR Planned Multiple Family Residence District and identified as Neighborhood 6B on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (sheet 1). Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as VOLUME LXXI NOVEMBER 29, 2006 1003 amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PMFR District: Residence Division. 1. “Attached single family dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. “Development sales office” [SR] (UNCL). Services Division. 10. “Family residential care facility” [SR] (8361). 11. “Home child day care services” [SR] (8351). 12. “Residential Care Facility” [SR]. NOVEMBER 29, 2006 VOLUME LXXI 1004 Construction Division 13. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. “Amateur radio antennas” [SR] (UNCL). 15. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 16. “Radio and television antennas” [SR] (UNCL). 17. “Satellite dish antennas” [SR] (UNCL). 18. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 19. “Fences and walls” [SR] (UNCL). 20. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. “Refuse collection area” [SR]. 22. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 23. “Temporary uses” [SR] (UNCL). 24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PMFR zoning district: Residences Division. 1. Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 4. “Conditional commercial antenna tower” [SR] (UNCL) 5. “Other radio and television antennas” [SR] (UNCL). 6. “Other satellite dish antennas” [SR] (UNCL). 7. “Pipelines, except natural gas” (461). 8. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 9. “Master signage plan” [SR], subject to the provisions of Chapter 19.50, Signs. VOLUME LXXI NOVEMBER 29, 2006 1005 10. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR]. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PMFR district, the use and development of land and structures shall be subject to the following conditions : a. Substantial conformance to the Concept Plan for HPI – Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI – Elgin, East Assemblage, Sheets 2 through 7, prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. d. Substantial conformance to the Landscape Guidelines for the East Assemblage, the Entry Landscape Concept – Plan View, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. e. Substantial conformance to the Typical Buffer Section Residential Collector Road – East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. f. Substantial conformance to the Typical Buffer Section – East Assemblage (detailing a Kane County Historic Farm), prepared by JEN Land Design, Inc., dated June 15, 2004 and revised on September 10, 2004. g. Substantial conformance to the Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section – East Assemblage, dated June 15, 2004, and revised on September 10, 2004. h. Substantial conformance to the Typical Foundation Plans Planting Multi Family Townhomes, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. NOVEMBER 29, 2006 VOLUME LXXI 1006 i. Substantial conformance to the HPI Pingree Grove, L.L.C., Residential Images – Single Family Attached exhibit, prepared by HPI – Elgin, L.L.C. j. Substantial conformance to the Architectural Standards for Single Family Detached and Single Family Attached Dwellings, identified as Exhibit 14 in the City Council binder, and dated June 10, 2004, and revised on December 3, 2004. k. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., and dated June 11, 2004, and revised on December 3, 2004. l. Notwithstanding any of the above conditions, the minimum floor area for an attached single family dwelling unit shall be 1,400 square feet. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. m. Specific building elevations for all residential structures proposed to be constructed in this PMFR Planned Multiple Family Residence District shall be submitted to the City’s Community Development Director for review and approval. The standards for such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. n. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. H. Off-street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PMFR zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended or as otherwise provided for within this ordinance. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and subject to substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A VOLUME LXXI NOVEMBER 29, 2006 1007 text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PSFR1 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be NOVEMBER 29, 2006 VOLUME LXXI 1008 appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Badger Meter Milwaukee, WI $72,275.58 Water meters throughout the city National City Golf Finance Cincinnati, OH $10,244.00 Lease at Highlands Golf Course Elgin Community College Elgin, IL $11,649.00 Training for paramedics Kane County Child Advocacy Center St. Charles, IL $23.333.36 Investigator for the Child Advocacy Center Lake County Sheriff’s Dept Waukegan, IL $17,768.75 Reimbursement for overtime April 1, 2006 through June 30, 2006 VOLUME LXXI NOVEMBER 29, 2006 1009 CONSENT AGENDA By unanimous consent, Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G82-06 through G84-06 and G88-06 through G91-06 and adopt Resolution Nos. 06-276 through 06-284 (except 06-280) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-276 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER J. CUNDIFF FOR DESIGN SERVICES FOR THE VETERANS MEMORIAL PROJECT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-276 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER J. CUNDIFF FOR DESIGN SERVICES FOR THE VETERANS MEMORIAL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement with Christopher J. Cundiff on behalf of the City of Elgin for design services in connection with the Veterans Memorial Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 29, 2006 VOLUME LXXI 1010 RESOLUTION 06-277 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOR GUARD, INC. FOR LIGHTNING DETECTION SYSTEM Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-277 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOR GUARD, INC. FOR LIGHTNING DETECTION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Thor Guard, Inc. for purchase of lightning detection system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-278 ADOPTED ASSIGNING UNALLOCATED PRIVATE ACTIVITY BOND AUTHORITY FOR THE YEAR 2006 TO THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-278 RESOLUTION ASSIGNING UNALLOCATED PRIVATE ACTIVITY BOND AUTHORITY FOR THE YEAR 2006 TO THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY VOLUME LXXI NOVEMBER 29, 2006 1011 WHEREAS, the City of Elgin (“City”) is an Illinois municipal corporation and a home rule unit pursuant to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, Section 146 of the of the U.S. Internal Revenue Code of 1986 (26 U.S.C. § 146) (“Code”) subjects certain private activity and non-private activity bonds to volume limitations or "volume cap" ("Volume Cap"); and WHEREAS, the Code provides that the City has a private activity bond Volume Cap equal to $80.00 per resident of the City in each calendar year and that such Volume Cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act (30 ILCS 345/1 et seq.) (“Act”) provides that a home rule municipality may transfer its allocation of Volume Cap to any other home rule municipality, any non-home rule municipality, or the State of Illinois and any of its agencies; and WHEREAS, the City of Elgin has $6,070,880 of private activity bond authority remaining under its 2006 Volume Cap; and WHEREAS, the Illinois Housing Development Authority (“IHDA”), an agency of the State of Illinois, has requested that the City reassign its remaining unallocated private activity bond authority for the year 2006 to IHDA for use in conjunction with the proposed acquisition and renovation of the property commonly known as Buena Vista Townhomes, 1285 Fleetwood Drive, Elgin, Kane County, Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, the availability of decent, safe and sanitary housing is essential to retain and increase industrial and commercial activities and relieve conditions of unemployment in the City and are matters pertaining to the government and affairs of the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City hereby reserves and reallocates to IHDA $6,070,880 of the City’s private activity bond authority for the year 2006 for utilization by IHDA in connection with the proposed acquisition and renovation of the property commonly known as Buena Vista Townhomes, 1285 Fleetwood Drive, Elgin, Kane County, Illinois. Section 2. The city manager and city clerk shall provide notice of the City’s reallocation of its private activity bond authority for the year 2006 in the amount of $6,070,880 to IHDA to the Office of the Governor of the State of Illinois on the form created by IHDA for such purpose. NOVEMBER 29, 2006 VOLUME LXXI 1012 Section 3. The City shall maintain a written record of this resolution in its records during the term that private activity bonds to which such Volume Cap allocation remain outstanding. Section 4. The mayor, city clerk, and all other proper officers, officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this resolution, including without limitation, to obtain a reallocation of the remaining Volume Cap. Section 5. That all ordinances, resolutions or parts thereof, in conflict with the provisions of this resolution, to the extent of such conflict, are hereby superseded, and this resolution shall be in full force and effect upon its passage. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-279 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH METCALF & EDDY, INC. FOR THE BARTLETT ELGIN INTERCONNECTION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-279 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH METCALF & EDDY, INC. FOR THE BARTLETT ELGIN INTERCONNECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to engineering services agreement on behalf of the City of Elgin with Metcalf & Eddy, Inc. for the Bartlett Elgin Interconnection, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI NOVEMBER 29, 2006 1013 Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G82-06 PASSED PROVIDING FOR FEASIBILITY STUDY FOR THE PROPOSED GROVE AVENUE/LINCOLN AVENUE TAX INCREMENT FINANCING (TIF) DISTRICT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G82-06 AN ORDINANCE PROVIDING FOR FEASIBILITY STUDY FOR PROPOSED GROVE AVENUE/LINCOLN AVENUE TAX INCREMENT FINANCING (TIF) DISTRICT WHEREAS, the City of Elgin (“City”) is a duly organized and existing municipality of the State of Illinois, and pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, the City is a home rule unit and as such may exercise any power incidental to its government and affairs; and WHEREAS, the City is authorized to take certain actions pertaining to redevelopment activities; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the City that certain property, generally described in Exhibit A attached hereto and incorporated herein by this reference (the “Area”) be redeveloped; and WHEREAS, the Area contains a number of impediments to private investment and development and it is not reasonably anticipated to be developed without certain public assistance by the City; and WHEREAS, in order to redevelop the Area, it may be necessary to undertake certain public improvements and to pay certain site preparation and related costs; and WHEREAS, the Mayor and City Council are desirous of having the Area redeveloped, and believe that it is not economically feasible to do so given the impediments to redevelopment which characterize the Area; and NOVEMBER 29, 2006 VOLUME LXXI 1014 WHEREAS, the following redevelopment goals and objectives are being contemplated for the Area: ƒ Strengthen the economic well-being of the Area. ƒ Maintain and enhance the economic diversity throughout the Area. ƒ Improve and upgrade existing surface infrastructure, including streets, curbs, gutters, sidewalks, lighting, alleys and other public facilities. ƒ Removal and redevelopment of sites with existing inappropriate land uses and encourage the redevelopment of properties at appropriate densities. ƒ Assemble or encourage the assembly of land into parcels of appropriate shape and sufficient size for redevelopment. ƒ Create an environment that stimulates private investment in residential development. ƒ Provide needed improvements and facilities in proper relationship to the projected demand for such facilities and in accordance with present-day design standards for such facilities. ƒ Create new job opportunities for City residents through new developments, and utilizing existing hiring programs and appropriate job training programs. WHEREAS, the Mayor and City Council have reviewed the conditions of the Area and have reason to believe that the cost of the necessary public improvements, site acquisition and preparation costs, and certain other costs to be incurred may qualify for tax increment financing (TIF) pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1, et seq.) (the “Act”), provided the Mayor and City Council, within their sole discretion, approve a formal agreement for tax increment financing in accordance with the Act; and WHEREAS, the Act provides a means for municipalities, to finance eligible redevelopment project costs with incremental property tax revenues, a tax increment being the difference between the amount of property tax revenue generated before TIF district designation and the amount of property tax revenue generated after TIF designation; and WHEREAS, the establishment of a TIF does not reduce property tax revenues available to the overlapping taxing bodies because the property taxes collected on properties included in the TIF at the time of its designation continue to be distributed to the school districts, county, community college and all other taxing districts in the same manner as if the TIF did not exist and the only property taxes generated by the incremental increase in the value of these properties after that time are available for use by the TIF; and WHEREAS, the Mayor and City Council have determined that it is in its best interests of the city to initiate a feasibility study regarding the creation of a TIF District for the Area pursuant VOLUME LXXI NOVEMBER 29, 2006 1015 to the Act; and WHEREAS, the Mayor and City Council reasonably expect to issue obligations in connection with the redevelopment of the Area in an amount not to exceed $20 million, a portion of which will be used to reimburse the City for the expenditures contemplated herein; and WHEREAS, the City has designated Raymond H. Moller, the City’s Director of Economic Development and Business Services, as the person to contact for additional information about the creation of a TIF District for the Area and as the person who should receive all comments and suggestions regarding the redevelopment of the proposed TIF District for the Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, AS FOLLOWS: 1. The foregoing recitals shall be and are hereby incorporated in this paragraph one as if said recitals were fully set forth herein. 2. The Mayor and City Council have determined that the City shall initiate a feasibility study to determine the viability of creating a TIF District for the Area under the provisions of the Act. 3. The Mayor and City Council will engage in planning related to the redevelopment of the Area and will take such actions and incur such costs as they deem appropriate and necessary relative to the planning related to the redevelopment of the Area under the Act. 4. All undertakings of the Mayor and City Council set forth herein are specifically contingent upon the ability of the Mayor and City Council to determine, within their discretion, that the development or redevelopment of the Area includes costs that would qualify for tax increment financing under the Act. 5. There is no anticipated purpose that would result in the displacement of residents from ten (10) or more inhabited residential units at the Site. 6. The Mayor and City Council reasonably expect to issue obligations in connection with the Site in an amount not to exceed $20 million, a portion of which will be used to reimburse the City for the expenditures contemplated herein. 7. There is hereby established an interested parties registry pursuant to section 11-74.4-4.2 of the Act which shall be governed as follows: i. The city clerk shall maintain registration forms. ii. Parties interested in registering pursuant to this section shall complete the registration form maintained by the city clerk and file such form with the city clerk. NOVEMBER 29, 2006 VOLUME LXXI 1016 iii. Each registration shall be effective for three years from the date of issue; notice of renewal shall be mailed by the city clerk to the name of the organization or individual and address listed on the completed registration form not more than ninety (90) days nor less than thirty (30) days prior to the expiration of the registration. All registrations shall be provided with an expiration date corresponding to the next end of quarter according to the City’s fiscal year. 8. Raymond H. Moller, the City’s Director of Economic Development and Business Services, is hereby designated as the person to contact for additional information about the creation of a TIF District for the Area and as the person who should receive all comments and suggestions regarding the redevelopment of the proposed TIF District for the Area. Additional information, comments and suggestions regarding the Area should be addressed to: Raymond H. Moller, Director of Economic Development and Business Services, City of Elgin 150 Dexter Court, Elgin, IL 60120-5555; (847) 931-6749. 9. If any section, paragraph clause or provision of this ordinance shall be held invalid, said invalidity shall not affect any other provision of this ordinance. 10. This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G83-06 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (945 EAST CHICAGO STREET) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 29, 2006 1017 Ordinance No. G83-06 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERICAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (945 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval to permit the construction of a building addition in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 945 East Chicago Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 18, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the construction of a building addition in the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 945 East Chicago Street and legally described as follows: That part of Lot 9 of the Plat of the County Clerk’s Subdivision of unsubdivided Lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the East line of said Lot 9 with the center line of State Route 19; thence South 07 degrees 55 minutes 00 seconds West along said East line 51.76 feet to the Southerly right of way line of said highway (being 50.0 feet Southwesterly, as measured perpendicularly to the center line of said highway); thence North 67 degrees 05 minutes 12 seconds West along said right of way line 153.53 feet; thence South 07 degrees 55 minutes 00 seconds West and parallel to the East line of said Lot 9, a distance of 326.77 feet to the North line of a tract of land dedicated to the City of Elgin by Document No. 26348841 recorded September 13, 1982; thence South 89 degrees 17 minutes 00 seconds West along said North line 376.67 feet to the Northwest corner thereof; thence North 07 degrees 55 minutes 00 seconds East and parallel with the East line of said Lot 9, a distance of 534.84 feet to the center line of State Route 19; thence South 67 degrees 05 minutes 12 seconds East along said center line, 539.06 feet to the point of beginning, in the City of NOVEMBER 29, 2006 VOLUME LXXI 1018 Elgin, Cook County, Illinois (Property commonly known as 945 East Chicago Street). be and is hereby granted subject to the following conditions: 7. Substantial conformance to the Statement of Purposes and Conformance submitted with cover letter prepared by Scott McGrath, McGrath Nissan Inc., dated October 2, 2006. 8. Substantial conformance to the proposed Building Elevations and Floor Plan (Sheet No. A1. 1-2 and Sheet No 2.1) for McGrath Nissan, prepared by Frederick Gilmore, Architect, dated May 26, 2006. 9. Compliance with all other applicable codes and ordinances. Section 3. That the conditional 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 immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G84-06 PASSED GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (822 SUMMIT STREET) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI NOVEMBER 29, 2006 1019 Ordinance No. G84-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (822 Summit Street) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 822 Summit Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 21, 2005, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 6. That a conditional use to permit the establishment of package liquor sales accessory to a grocery store in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 822 Summit Street and legally described as follows: Part of the Southwest quarter of Section 7, Township 41 North, range 9, East of the Third Principal Meridian, described as follows: Beginning at the intersection of the North line of Route 58 as dedicated by document number 11045054, and the East line of property conveyed in deed filed for record June 28, 1950 as document number 14837621 in Cook County, Illinois; thence North 1 degree 14 minutes East along the East line thereof 400.07 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 424.50 feet to a line 101.00 feet East of and parallel with the West line of property conveyed in deed recorded as document number 14837621, aforesaid; thence South 0 degrees 37 minutes West along said parallel line a distance of 100.00 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 101.00 feet to the West line of property conveyed in deed recorded as document number 14837621, aforesaid; thence South 0 degrees 37 minutes West along said West line a distance of 125.00 feet to a point 175.00 feet North of the North line of Route 58 hereinbefore mentioned: thence South 89 degrees 15 minutes 30 seconds East a NOVEMBER 29, 2006 VOLUME LXXI 1020 distance of 116.00 feet; thence South 0 degrees 37 minutes West a distance of 176.24 feet to the North line of route 58, aforementioned; thence easterly along the North line of route 58 aforesaid, being a curve convex southerly having a radius of 19048.60 feet, for a distance of 393.20 feet to a point of tangent; thence continuing East along said tangent, a distance of 12.00 feet to the point of beginning, in the City of Elgin, Cook County, Illinois (Property commonly known as 822 Summit Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Kostas L. Cios, Law Offices of Stotis & Baird, no date. 2. Substantial conformance with the Floor Plan, prepared by Nicholas C. Karras Architect, dated April 26, 2005. 3. The accessory package liquor sales establishment shall be located only in the tenant space located at 822 Summit Street. 4. All dead, dying, or removed landscaping shall be replaced with comparable 5. materials in conformance with Section 19.12.700 Landscaping, prior to issuance of an occupancy permit. 6. Repair ponding, drainage and ground cover issues at rear of building prior to issuance of an occupancy permit. 7. The existing non conforming pole sign shall be replaced with a conforming monument style sign prior to issuance of an occupancy permit. 8. Compliance with all other codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 8. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI NOVEMBER 29, 2006 1021 Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-281 ADOPTED AUTHORIZING EXECUTION OF AN EXCHANGE AGREEMENT WITH PULTE HOME CORPORATION (FIRE STATION NO. 7) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-281 RESOLUTION AUTHORIZING EXECUTION OF AN EXCHANGE AGREEMENT WITH PULTE HOME CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Exchange Agreement with Pulte Home Corporation on behalf of the City of Elgin for exchange of real estate in connection with Fire Station No. 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 29, 2006 VOLUME LXXI 1022 RESOLUTION 06-282 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOME CORPORATION (THE RESERVE) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-282 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOME CORPORATION (The Reserve) WHEREAS, the owners of certain property commonly known as The Reserve at 2705 Bowes Road, Elgin, Illinois, have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed an Amendment to Annexation Agreement with Pulte Home Corporation is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation Agreement with Pulte Home Corporation, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI NOVEMBER 29, 2006 1023 RESOLUTION 06-283 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOME CORPORATION (PULTE ACTIVE ADULT RESORT COMMUNITY-EDGEWATER) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-283 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOME CORPORATION (Pulte Active Adult Resort Community-Edgewater) WHEREAS, the owners of certain property commonly known as Edgewater at 2700 Bowes Road, Elgin, Illinois, have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed an Amendment to Annexation Agreement with Pulte Home Corporation is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation Agreement with Pulte Home Corporation, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOVEMBER 29, 2006 VOLUME LXXI 1024 ORDINANCE G88-06 PASSED RECLASSIFYING TERRITORY FROM PCF PLANNED COMMUNITY FACILITY DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (THE RESERVE - 2705 BOWES ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.G88-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM PCF PLANNED COMMUNITY FACILITY DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (The Reserve - 2705 Bowes Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to reclassify said territory from a PCF Planned Community Facility District to a PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PMFR Planned Single Family Residence District, the following described property: THAT PART OF LOT 108 IN THE RESERVE, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 2004 AS DOCUMENT NO. 2004K044951, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661, IN VOLUME LXXI NOVEMBER 29, 2006 1025 THE TOWNSHIP OF ELGIN, AND IN THE CITY OF ELGIN, AND IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 107 IN SAID RESERVE SUBDIVISION; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 413.63 FEET, ALONG THE WEST LINE OF SAID LOT 107 AND THE SOUTHERLY EXTENSION THEREOF, TO A NORTHERLY CORNER OF LOT 101 IN SAID RESERVE SUBDIVISION; THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY THROUGH THE FOLLOWING DESCRIBED THIRTEEN (13) COURSES ALONG SAID NORTHERLY LINES OF LOT 101; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST, 87.69 FEET; THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST, 263.08 FEET; THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET; THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST, 91.40 FEET; THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 DEGREES 53 MINUTES 29 SECONDS EAST, 103.86 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST, 91.59 FEET; THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST, 95.48 FEET; THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 139.68 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 196.13 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 127.92 FEET; THENCE NORTH 65 DEGREES 30 MINUTES 20 SECONDS EAST, DEPARTING FROM SAID NORTHERLY LINES, 273.76 FEET, TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 107; THENCE NORTH 88 DEGREES 42 MINUTES 55 SECONDS EAST, 256.10 FEET, ALONG SAID WESTERLY EXTENSION, TO THE POINT OF BEGINNING. CONTAINING 490,560 SQUARE FEET, (11.262 ACRES) MORE OR LESS. Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for multiple family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “(SR)”, shall be subject to the definitions and the additional NOVEMBER 29, 2006 VOLUME LXXI 1026 interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way shall not be less than two acres. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PMFR District: Residence Division. 1.“Attached dwellings” [SR] (UNCL). 2.“Residential garage sales” [SR] (UNCL). 3.“Residential occupations” [SR] (UNCL). 4.“Residential outdoor storage of firewood” [SR] (UNCL). 5.“Residential parking areas” [SR] (UNCL). 6.“Residential storage” [SR] (UNCL). Municipal Services Division. 7.Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 8.“Development sales office” [SR] (UNCL). Services Division. 9.“Family residential care facility” [SR] (8361). 10. “Home child day care services” [SR] (8351). 11. “Residential Care Facility” [SR] Construction Division. 12. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 13. “Amateur radio antennas” [SR] (UNCL). 14. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). VOLUME LXXI NOVEMBER 29, 2006 1027 15. “Radio and television antennas” [SR] (UNCL). 16. “Satellite dish antennas” [SR] (UNCL). 17. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 18. “Fences and walls” [SR] (UNCL). 19. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 20. “Refuse collection area” [SR] 21. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 22. “Temporary uses” [SR] (UNCL). 23. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 24. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PMFR zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 6. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 7. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 8. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 9. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PMFR Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site NOVEMBER 29, 2006 VOLUME LXXI 1028 Design, of the Elgin Zoning Ordinance. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.25.735, Site Design, (MFR Multiple Family Residence District) of the Elgin Zoning Ordinance, and shall also be subject to the following conditions: 1. Substantial conformance to the Plat Exhibit prepared by Manhard Construction, Ltd., dated May 10, 2006 and last revised September 11, 2006. 2. The quantities, types and species of landscaping materials for the Townhome foundation plantings, parkway plantings, entrance and buffer plantings, and common area plantings shall be in substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., dated September 16, 2002, and last revised on June 3, 2003, as approved by the Development Administrator, Community Development Department. Additionally, the installation of “Ash” trees shall not be permitted. 3. The materials, architectural features and overall building design for the townhome buildings shall be in substantial conformance to the building elevations drawings, submitted by Pulte Homes, and dated November 26, 2002, as approved by the Development Administrator, Community Development Department. 4. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PMFR zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. The design and location of these signs shall be in substantial conformance to the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4, 2003, with the following exceptions: 1. All signs shall be monument style signs. 2. All construction project signs shall not exceed 144 square feet in surface area. The surface area of an individual sign shall be the total exposed VOLUME LXXI NOVEMBER 29, 2006 1029 surface devoted to the street graphic’s message including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. For freestanding signs, surface area shall include that portion of the supporting structure from the ground to the bottom of the sign. 3. All signs referred to within the Signage Plan, prepared by Gary R. Weber Associates, and dated April 4, 2003, shall be considered temporary in nature and shall be removed from the subject property within 30 days following the issuance of the final occupancy permit for this development. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text amendment and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. NOVEMBER 29, 2006 VOLUME LXXI 1030 P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G89-06 PASSED RECLASSIFYING TERRITORY FROM PSFR1 PLANNED SINGLE FAMILY RESIDENTIAL DISTRICT TO A PCF PLANNED COMMUNITY FACILITY DISTRICT (EDGEWATER SUBDIVISION - 2700 BOWES ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G89-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM PSFR1 PLANNED SINGLE FAMILY RESIDENTIAL DISTRICT TO A PCF PLANNED COMMUNITY FACILITY DISTRICT (Edgewater Subdivision - 2700 Bowes Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to reclassify said territory from the PSFR1 Planned Single Family Residence District to a PCF Planned Community Facility District; and VOLUME LXXI NOVEMBER 29, 2006 1031 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE; NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 535.09 FEET ALONG THE WEST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 33.00 FEET TO A POINT ON A LINE 33.00 FEET EASTERLY OF AND PARALLEL WITH THE LAST DESCRIBED COURSE, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 725.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 209.50 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 556.83 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 160.56 FEET ALONG THE ARC OF SAID CURVE CONCAVE WESTERLY HAVING A RADIUS OF 460.00 FEET, A CHORD BEARING SOUTH 08 DEGREES 55 MINUTES 22 SECONDS WEST AND A CHORD DISTANCE OF 159.75 FEET; THENCE SOUTH 18 DEGREES 55 MINUTES 21 SECONDS WEST, 16.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 15.30 FEET ALONG THE ARC OF SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET, A CHORD BEARING SOUTH 62 DEGREES 45 MINUTES 37 SECONDS WEST AND A CHORD DISTANCE OF 13.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 70.95 FEET ALONG THE ARC OF SAID REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING NORTH 82 DEGREES 14 MINUTES 22 SECONDS WEST AND A NOVEMBER 29, 2006 VOLUME LXXI 1032 CHORD DISTANCE OF 70.67 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 93.82 FEET TO THE POINT OF BEGINNING. CONTAINING 150,506 SQUARE FEET (3.46 ACRES) MORE OR LESS. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. The PCF District is most similar to, but departs from the standard requirements of the CF Community Facility District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Services Division. VOLUME LXXI NOVEMBER 29, 2006 1033 Municipal Services Division. 1. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Construction Division. 4. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 5. “Radio and television antennas” [SR] (UNCL). 6. “Satellite dish antennas” [SR] (UNCL). 7. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 8. “Fences and walls” [SR] (UNCL). 9. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 10. “Temporary uses” [SR] (UNCL). 11. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47, Off-street Parking. 12. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PCF zoning district: Transportation, Communication, and Utilities Division. 1. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 2. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PCF Planned Community Facility District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 3. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and shall also be subject to the following conditions: 5. Site design and building elevations for the new fire station shall be as approved by the City Council. In the event of any conflict between the NOVEMBER 29, 2006 VOLUME LXXI 1034 site design regulations otherwise set forth in the Elgin zoning ordinance and the site design as approved by the City Council, the site design as approved by the City Council shall control. 6. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended, and as otherwise provided for within this ordinance. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. VOLUME LXXI NOVEMBER 29, 2006 1035 O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G90-06 PASSED AMENDING A PCF PLANNED COMMUNITY FACILITY DISTRICT FOR CERTAIN TERRITORY (THE RESERVE - 2705 BOWES ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G90-06 AN ORDINANCE AMENDING A PCF PLANNED COMMUNITY FACILITY DISTRICT FOR CERTAIN TERRITORY (The Reserve - 2705 Bowes Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and NOVEMBER 29, 2006 VOLUME LXXI 1036 WHEREAS, written application has been made to reclassify certain territory classified in the PCF Planned Community Facility District by amending the provisions of such PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 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 herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by amending the PCF Planned Community Facility District, the following described property:” THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT CENTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 46 MINUTES 42 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 3.80 FEET, TO A POINT ON CENTERLINE OF BOWES ROAD, THENCE NORTH 88 DEGREES 49 MINUTES 00 SECONDS EAST, ALONG SAID CENTERLINE, 135.67 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 60.00 FEET, TO THE POINT OF BEGINNING: THENCE NORTH 88 DEGREES 49 MINUTES 00 SECONDS EAST, ALONG A LINE BRING 60 FEET SOUTH OF AND PARALLEL TO SAID CENTER LINE, 1,580.29 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 752.84 FEET; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST, 87.69 FEET; THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST, 263.08 FEET; THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET; THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST, 91.40 FEET; THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 DEGREES 53 MINUTES 29 VOLUME LXXI NOVEMBER 29, 2006 1037 SECONDS EAST, 92.60 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST, 98.55 FEET; THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST, 92.35 FEET; THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 140.08 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 207.10 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 226.61 FEET; THENCE NORTH 70 DEGREES 43 MINUTES 59 SECONDS WEST, 224.35 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 40 SECONDS WEST, 113.91 FEET; THENCE SOUTH 31 DEGREES 26 MINUTES 10 SECONDS WEST, 127.39 FEET; THENCE SOUTH 73 DEGREES 33 MINUTES 55 SECONDS WEST, 329.45 FEET; THENCE NORTH 66 DEGREES 37 MINUTES 15 SECONDS WEST, 84.01 FEET; THENCE NORTH 53 DEGREES 27 MINUTES 40 SECONDS WEST, 223.45 FEET; THENCE NORTH 28 DEGREES 12 MINUTES 32 SECONDS WEST, 155.06 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 31 SECONDS WEST, 206.31 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINING 1,089,000 SQUARE FEET (25.00 ACRES) MORE OR LESS. EXCLUDING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF LOT 108 IN THE RESERVE, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 2004 AS DOCUMENT NO. 2004K044951, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661, IN THE TOWNSHIP OF ELGIN, AND IN THE CITY OF ELGIN, AND IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 107 IN SAID RESERVE SUBDIVISION; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 413.63 FEET, ALONG THE WEST LINE OF SAID LOT 107 AND THE SOUTHERLY EXTENSION THEREOF, TO A NORTHERLY CORNER OF LOT 101 IN SAID RESERVE SUBDIVISION; THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY THROUGH THE FOLLOWING DESCRIBED THIRTEEN (13) COURSES ALONG SAID NORTHERLY LINES OF LOT 101; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST, 87.69 FEET; THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST, 263.08 FEET; THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET; THENCE SOUTH 79 DEGREES 32 MINUTES 46 SECONDS WEST, 91.40 FEET; THENCE NORTH 33 DEGREES 13 MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 NOVEMBER 29, 2006 VOLUME LXXI 1038 DEGREES 53 MINUTES 29 SECONDS EAST, 103.86 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST, 91.59 FEET; THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST, 95.48 FEET; THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 139.68 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 196.13 FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 127.92 FEET; THENCE NORTH 65 DEGREES 30 MINUTES 20 SECONDS EAST, DEPARTING FROM SAID NORTHERLY LINES, 273.76 FEET, TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 107; THENCE NORTH 88 DEGREES 42 MINUTES 55 SECONDS EAST, 256.10 FEET, ALONG SAID WESTERLY EXTENSION, TO THE POINT OF BEGINNING. CONTAINING 490,560 SQUARE FEET, (11.62 ACRES) MORE OR LESS. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: E. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. The PCF District is most similar to, but departs from the standard requirements of the CF Community Facility District. F. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. G. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. H. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, VOLUME LXXI NOVEMBER 29, 2006 1039 but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Municipal Services Division. 1. “Municipal Facilities” [SR] (UNCL) 2. “Public parks, recreation, and open space” [SR] (UNCL). Services Division. 3. Public Libraries (823). Construction Division. 4. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 5. Radio and television antennas” [SR] (UNCL). 6. “Satellite dish antennas” [SR] (UNCL). 7. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 8. “Fences and walls” [SR] (UNCL). 9. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 10. “Temporary uses” [SR] (UNCL). 11. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47, Off-street Parking. 12. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PCF zoning district: Miscellaneous Uses Division. 1. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. NOVEMBER 29, 2006 VOLUME LXXI 1040 2. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PCF Planned Community Facility District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 3. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.30.135, Site Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Plat Exhibit prepared by Manhard Construction, Ltd., dated May 10, 2006 and last revised September 11, 2006. 2. Site design and building elevations for the new branch library, public works salt storage facility and active parks shall be as approved by the City Council. In the event of any conflict between the site design regulations otherwise set forth in the Elgin zoning ordinance and the site design as approved by the City Council, the site design as approved by the City Council shall control. 3. Compliance with all other applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text amendment and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. VOLUME LXXI NOVEMBER 29, 2006 1041 L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. Q. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. R. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor NOVEMBER 29, 2006 VOLUME LXXI 1042 Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G91-06 PASSED AMENDING ORDINANCE G40-05 CLASSIFYING CERTAIN TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (EDGEWATER SUBDIVISION-2700 BOWES ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G91-06 AN ORDINANCE AMENDING ORDINANCE NO. G40-05 CLASSIFYING CERTAIN TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Edgewater Subdivision 2700 Bowes Road) WHEREAS, Ordinance G40-05 was adopted by the City Council on March 9, 2005, and provided for the classification of newly annexed territory in the PSFR2 Planned Single Family Residence District for the Edgewater Subdivision at 2700 Bowes Road; and WHEREAS, Ordinance G40-05 included under Section 2G10 certain provisions regarding age restrictions as part of the Pulte Active Adult Community Resort; and WHEREAS, the City and Pulte Home Corporation have entered into certain agreements including an amendment to the annexation agreement for the Pulte Active Adult Resort Community including proposed amendments to the age restrictions; and WHEREAS, the City Council finds it is necessary and desirable to amend the age restrictions for the subject property set forth in Section 2G10 of Ordinance G40-05; and WHEREAS, written application has been made to provide for such amendment to Ordinance G40-05; and VOLUME LXXI NOVEMBER 29, 2006 1043 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2G10 of Ordinance G40-05 relating to certain age restrictions for the Pulte Active Adult Resort Community Edgewater Subdivision be and is hereby amended to read as follows: “10. The Subject Property is intended to provide housing primarily for persons fifty-five (55) years of age or older. The Subject Property shall be operated as an age restricted community in compliance with all applicable state and federal laws. No person under nineteen (19) years of age shall stay overnight in any Dwelling Unit for more than ninety (90) days in a consecutive twelve (12) month period. Each Dwelling Unit, if occupied, shall be occupied by at least one individual fifty-five (55) years of age or older; provided, however, that once a Dwelling Unit is occupied by an age qualified occupant, other qualified residents of that Dwelling Unit may continue to occupy the Dwelling Unit, regardless of the termination of the age qualified occupant’s occupancy provided that the provisions of the United State Fair Housing Act, as amended, the Illinois Fair Housing Act, as amended, and the Declaration of Covenants, Conditions and Restrictions to the Subject Property, as amended, are not violated by such occupancy. Notwithstanding the above, at all times, at least eighty percent (80%) of the Dwelling Units within the property shall be occupied by at least one individual fifty-five (55) years of age or older. Notwithstanding the foregoing restrictions, the initial developer of the property, Pulte Home Corporation has reserved the right and may, to the extent permitted by law, sell Dwelling Units to persons between the ages of fifty (50) and fifty-five (55) years of age; provided, such sales shall not effect the Subject Property’s compliance with all applicable state and federal laws under which the Subject Properties may be developed and operated as an age restricted community.” Section 2. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor NOVEMBER 29, 2006 VOLUME LXXI 1044 Presented: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-284 ADOPTED APPROVING PRELIMINARY PLAT OF SUBDIVISION, PULTE RESERVE (PHASE 2) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-284 RESOLUTION APPROVING PRELIMINARY PLAT FOR THE RESERVE-PHASE 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Manhard Consulting, Ltd. dated May 10, 2006 for The Reserve-Phase 2. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI NOVEMBER 29, 2006 1045 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Sales Tax Report for September 2006 Board of Fire and Police Commissioners Minutes for June 15, 2006 Elgin Police Pension Fund Board Minutes for July 27, 2006 Planning and Development Commission Minutes for October 2, 2006 Zoning and Subdivision Board Minutes for September 20, 2006, and October 18, 2006 Committee of the Whole Minutes for October 25, 2006 City Council Minutes for October 25, 2006 Disbursement report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 7:50 p.m. s/Dolonna Mecum December 20, 2006 Dolonna Mecum, City Clerk Date Approved