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Home My WebLink About12-168 Resolution No. 12-168 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, LLC, NESLER AND LAKE LOTS, LLC AND WEST POINT GARDENS SOUTH, LLC (West Point Gardens Subdivision) WHEREAS, the Owner of certain property commonly known as the West Point Gardens Subdivision at 100 Nesler Road,Elgin,Illinois,has proposed that the annexation agreement between the Owner and the City of Elgin 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 First Amendment to Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute on behalf of the City of Elgin a First Amendment to Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 14, 2012 Adopted: November 14, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • Fully executed agreement was never provided to the City Clerk's Office. Resolution No. 12-168 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, LLC, NESLER AND LAKE LOTS, LLC AND WEST POINT GARDENS SOUTH, LLC (West Point Gardens Subdivision) WHEREAS, the Owner of certain property commonly known as the West Point Gardens Subdivision at 100 Nesler Road,Elgin,Illinois,has proposed that the annexation agreement between the Owner and the City of Elgin 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 First Amendment to Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin a First Amendment to Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC,a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor PYLORE.O.G D Alke for: of ❑ Telephoned ❑ Returned your call ❑ Came in Will call again ❑I Please return the II D ❑ See me -- Message:- ._-. �'� �L4?.� ___,_` __`�<<► Phone: DateW 1\I t C�j Time By 1a p•Mcts•1/4 DRAFT 10-12-12 - SBS FIRST AMENDMENT TO ANNEXATION AGREEMENT (West Point Gardens Subdivision) THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT (Amendment) is made and entered into this day of , 2012 by and between the City of Elgin, Illinois, a Municipal Corporation, of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and West Point Gardens Homes LLC, Nesler and Lake Lots LLC and West Point Gardens South LLC (hereinafter referred to as "Developer" and "Owner") as successor in interest to Linda Meyer, as trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992, and Laverne Meier as trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992, and West Point Builders Developers, Inc. Linda Meyer, as trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992, and Laverne Meier as trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992, and West Point Builders Developers, Inc. WITNESSETH Whereas, owner is the owner of record of the real property legally described in Exhibit "A", which is attached and made a part hereof (which real property, for convenience, is hereafter referred to as the "Subject Property"); and Whereas, the City and Owner previously entered into an Annexation Agreement for the subject property dated January 12, 2005 (hereinafter referred to as the "Agreement"); and Whereas, Exhibit K of the Annexation Agreement contains Building Elevations for Residential Structures to be constructed in the West Point Gardens Subdivision; and Whereas, The Owner now desires to add additional building elevations and floor plans to the West Point Gardens Subdivision. The additional building elevations as depicted in Exhibit B which is attached hereto and made a part hereof (the "Building Elevations for residential Structures"). Whereas, Owner desires to amend Exhibit"C-i"of the Agreement, being the PSFR2 Planned Single Family Residence District ordinance, and Exhibit"C-iii", being PMFR Planned Multiple Family Residence District ordinance, attached to and made a part of the Agreement; and Whereas,the City desires to accommodate Owner's desire to so amend such Exhibits "C-i" and"C-iii"; and Whereas,the City has held the public hearings on the proposed amendment to the annexation agreement and the proposed amended PSFR2 and PMFR zoning ordinances as required by law. Now Therefore,for and inconsideration of the premises and the mutual promises and agreements herein contained and pursuant to the authority and conditions given and contained in the statutes of the State of Illinois,the parties hereby agree as follows: A. This First Amendment to Annexation Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1.1 et seq.), and in the exercise of the home rule power of the City. B. The"Building Elevations for Residential Structures"exhibit attached as Exhibit K to the Annexation Agreement is hereby expanded to permit the building elevations and floor plans as depicted in Exhibit B of this amendment. C. Exhibit "C-i" of the Agreement, being the PSFR2 Planned Single Family Residence District ordinance, and exhibit C-iii, being PMFR Planned Multiple Family Residence District ordinance, are hereby amended as set forth in Exhibit C attached hereto and made a part hereof by this reference. The City agrees to adopt said amended PSFR2 and PMFR ordinances within thirty (30)days following the entry into and execution of this amendment. D. In the event of any conflict between the terms of the Agreement and the terms of this First Amendment to the Agreement,the terms of this Amendment shall control. In all other respects, the Agreement shall remain in full force and effect as originally written and as amended. IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed, by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY: OWNERS: CITY OF ELGIN, a municipal corporation West Point Gardens Homes LLC Nesler and Lake Lots LLC West Point Gardens South LLC By: By: Mayor Its: Attest: By: City Clerk First Amendment to Annexation Agreement: List of exhibits: Exhibit A - Legal Description of Property Exhibit B - Building Elevations for Residential Structures Exhibit C - "C-i"—PSFR2 Planned Single Family Residence District Ordinance No. G74-08 approved November 5, 2008 "C-iii"—PMFR Planned Multiple Family Residence District Ordinance No. G73-08 approved November 5, 2008 Exhibit A— Legal description of Subject Property THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00,2225" EAST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 438.69 FEET TO A POINT ON THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID U.S. ROUTE 20 FOR THE FOLLOWING THREE (3) COURSES: (1) THENCE SOUTH 64,16'30" EAST, A DISTANCE OF 522.82 FEET TO THE POINT OF BEGINNING: (2) THENCE SOUTH 64,16'30" EAST, A DISTANCE OF 944.37 FEET TO A NON-TANGENT CURVE: (3) THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 20,000 FEET AND A CHORD BEARING OF SOUTH 64,55'34" EAST, AN ARC LENGTH OF 291.17 FEET; THENCE SOUTH 31,0812" WEST, A DISTANCE OF 794.10 FEET; THENCE SOUTH 65,3113" EAST, 289.75 FEET TO THE CENTERLINE OF NESSLER ROAD; THENCE CONTINUING SOUTH 31,1027" WEST ALONG SAID CENTERLINE, 1464.75 FEET TO A NON-TANGENT CURVE; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 3032.05 FEET AND A CHORD BEARING OF SOUTH 35,47'46" WEST, AN ARC LENGTH OF 498.47 FEET TO A POINT OF NON- TANGENCY; THENCE SOUTH 40,34'41" WEST ALONG SAID CENTERLINE, 2415.62 FEET; THENCE NORTH 49,48'59" WEST, 1503.35 FEET TO THE EAST LINE OF MONTAGUE FOREST UNIT NUMBER 7 SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 1400372; THENCE NORTH 46,19'38" EAST ALONG SAID EAST LINE, 992.20 FEET; THENCE NORTH 46,2T47" EAST, A DISTANCE OF 1478.82 FEET; THENCE NORTH 48,43'03" WEST, A DISTANCE OF 590.63 FEET; THENCE NORTH 25,0147" EAST, A DISTANCE OF 1688.43 FEET; THENCE SOUTH 64,16'30" EAST, A DISTANCE OF 574.05 FEET; THENCE NORTH 25,01'07" EAST, A DISTANCE OF 530.44 FEET TO THE POINT OF BEGINNING; IN BOTH ELGIN AND PLATO TOWNSHIPS IN KANE COUTNY, ILLINOIS. EXCEPTING THEREFROM THAT PART OF NESLER ROAD DEDICATED BY DOCUMENT NUMBER 1364520. AND ALSO EXCEPTING THEREFROM THAT PART OF THE LAND CONVEYED BY TRUSTEE'S DEED (NON-FREEWAY) BY LINDA L. MEYER, AS SUCCESSOR TRUSTEE OF THE ERWIN W. MEIER DECLARATION OF TRUST DATED JANUARY 16, 1992 AS TO AN UNDIVIDED ONE-HALF INTEREST, AND LAVERNE MEIER, AS TRUSTEE OF THE LAVERNE MEIER DECLARATION OF TRUST DATED JANUARY 16, 1992 AS TO AN UNDIVIDED ONE-HALF INTEREST, GRANTORS, TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, GRANTEE, DATED JUNE 15, 2004 AND RECORDED OCTOBER 10, 2004 AS DOCUMENT 2004K135981, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIPE AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE ON AN ASSUMED BEARING SOUTH 00,19'48" EAST, 438.41 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER TO A POINT ON THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 64,16'41" EAST, 519.40 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 64,16'41" EAST ALONG SAID CENTERLINE, 946.86 FEET; THENCE SOUTHEASTERLY 291.17 FEET ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 20000.00 FEET (CHORD BEARS SOUTH 64,41'42" EAST, 291.17 FEET); THENCE SOUTH 31,10'52" WEST, 46.64 FEET; THENCE NORTHWESTERLY 443.74 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 30105.95 FEET, (CHORD BEARS NORTH 64,38'40" WEST, 443.73 FEET); THENCE NORTH 64,13'20" WEST, 789.44 FEET; THENCE NORTH 25,11'36" EAST, 46.38 FEET TO SAID CENTERLINE OF U.S. ROUTE 20; SAID POINT ALSO BEING THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. ALL OF THE ABOVE DESCRIBED PROPERTY CONTAINS 172.053 ACRES OF LAND, MORE OR LESS. Exhibit B jest 4�olnt Discover A Better Place To Grow WEST POINT GARDENS • West Point Builders is requesting the following modifications to our Developmental Agreement with the City of Elgin . • First, we are asking to amend the agreement for additional elevations for our Heritage and Kingston Single Family Homes . Colored renderings of the proposed new elevations follow for you to review. Each home would have new elevations . All elevations are in full compliance with the City of Elgin 's West Planning Area Design Criteria . ...,,,,t, ,tti . , \\,, ,,, ,.. . e'i::71''''''''''It11,1i111/1/11/; l'i . -,:i, '. . ..1.", - ..',- :;:.117--r— r -. 1 ii .1. 1 \ ,., , I / ' - . ''''' > ,T,_.,,, IMP 1/ i ,,,,. :, ., ZI (f :.i1.t . 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"....„...._....,, , , ,..,.....t., ....., „,,,,„„T, „ .„,,..,„. .. . . , ,.. . ,,, .‘ „,.„,.., , i.,.,. : „,, ... . . ,, . , . , ., ., , ,, . . . , „.„.., Z•'kz :^:,.J.4 . r-,--...!„i , t-----11 , . ,..„... r• 1 ��/// j , 1,....___I, „ —�� f �:� .� f • all!" � a ,,f 1 CAM E LOT . ... ... . ...... . ...,,, , , .. . r ..::„ .....„ ..., : .,.,...... ....., ..,, . .... , ...... . .. . , . . r. . . ., , ,.,.. ..„. , . „. .. „. „ .. .... .... .. . . ., „,,,... , . . ... , . ... . .,„..:., . . „. .. ..... .. . ..... .., .. .., . . ,„„ , .....„ ....,. ..,... r . , .......... r " ;tit . ' . . ..:.: . . . ._ , . . F• -7'----,,--:',-:7,--',-1';.7..-:.:::-. s n tal,R8 --'74111101111A1 ‘th 1 ..,,,n)..... 4...S.,,,:,... \ ff M # 1114 r tl µ Rq "` y r r s *a I �1 SAYBROOK IF ,: m 1.r.r, , ,_ . , iiii.,,,I,. ..11,.. :::::k:,IN -1-1-11 „ :±1.... 77,-,-..-----.777:,2.. .+9 om,„.,:._ ..., .... , ........„„.,„:„.::...,,. , ., _ w ;.., ,... ,.:,..,,,:f. .,.;,,,,,,..,.:.VFW.. - .y . r.. ,. •• '•.,„, ., ....tr „....., - ., _ ._.........,,... A:, . .:_s s atea _ = I a .. y ti ;r it 011 w '€ !� t ! i! �i i: /. 7� k i ,. • The second request for the single family portion of our community is to mix homes that were originally planned for one series of lots and make them available on the other series of lots as long as they meet the setbacks as approved in our Development Agreement. • I am attaching two streetscapes demonstrating the same three homes on both series of lots . The homes that are shown in the two streetscapes are the Amherst (Heritage Series) , the Templeton (Kingston Series) and the Middlebury (Heritage Series) . This will give us a greater variety of streetscape and enhance the value in our Community. Mixed Streetscape on Heritage Home Sites . ., .., , ''*'■''L r i'' '''' 7 'Y'Pe';',;,,.t;e;]''.''',.3.:■;7::.,fi:':X'','',t2t:,!4';'4,i4:::'''',''',:,■'''::::;'!.'::-:-:':i'..,'t'' ,,, '',' '''''''''',..i e ' ' ':':Iir,'.4''''.''''-'-:;:::'{'4'),;;',''''' ' ' ';.'''''',..'.'' 'e ' ':: ' '' ''''''''41 :'''' -'- 'Ir'''' '' .'-'"i;...,:i'Li.}5,iit,,,,,i.,:,''',1-r..' '.;..,-.,,,-,',.:.1.,,,,:,:.,,,i.,,',:;:::,4':;,...'• ' '. ..*., '- ---- --- i..., mmeMiefeeeell111•111111111118,1 mit el . e. . . z = . , i I , .-„,„ • „,,.,_, __,1_I I ...." .mmmee.,me... ,...-- , 1 ,ig '' • .••.,_ mm .,. . est ( me i a . 1 U.I , ''' iiill 1,1/) 'i 111I- ligilli .. .... '.4 . , 1 ) 1 ,,■ ..... ... ...,...".. '''''. — . ' '81".. '''.1'1. 11 ' . ) ) /I' I' . '''1 iBillM1 1...1, I I' ''0.f! 104' 11 11' I I I' ' .., 1...,11■ ...- . , -. Mixed tree tsca e o n i n s ton Home ..., . . .. . . . ..., „. , , , .. „ ..,. . , ,Sites R 1gP ,-5 7 k r m� � g:�°a.„,-,,,,,,,,.„ - ,-..-- -,..-"/ rt ._ _,_ t.„.„...,. A a4 3 � „" t - - r /\\ . � , _ _ , .. . . ...... . ,,., , .......41„.A R 11/1 r� � .✓^ N� 72 a,Aiiit = • 1 �q�•e - a I ar s I /101 I I li ffillill 1 i i-r----"r € T 9\ mo l' 41110101ft il • Third we are requesting to add more floor plans to West Point Gardens . These additional homes will be designed for our Kingston (60' ) lots and will have a garage that is accessed from the street. • The garage in the front is recessed a minimum of two feet from the front of the home . We will add a ranch floor plan that will be 1 , 900 to 2 , 000 square feet. We are adding two four bedroom two-story homes in the 2 , 100 to 2 ,400 square foot range and one in the 2 , 700 square foot range. 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'2=-STORY FRONT ELEVATION C r i a fp ,7 :' ,--,'', . ... ktw [ I 17!l a +rte 4. . �M = w : ' I � X11 I 1 --4'!:„.„........k." _ .411111 : :,.,- .,,,,,,,,,,,,,,4„,,, ...,,,,,,. . ... , _ __... ...... ____ ... . ....„, . , ... • 1 • Iii A ''' II k „mow r.=lam .�+w t;.�e.r�1a '� e�... i � �j�rrl j lr�rrr . = in II Kali _I r .r }� -♦ _ - ;`SIT '4 254-4 SQ FT M :\S FR DOWN FRONT' EILLVATIO1 C -.: 4.0_ ' 4 e„..:,. , . . 11.*-- ':11,1T r ,,,...:- , '0114 v .f ...0, , 47 \ : o --- i j.�. _�1,,. '� ,m III lei L r_ii a�1111b rI if.€ ..,..: . e t� far °t:� w�a .....] "�I 11 �r . V11r31:-.111: 7:1.7 Ili- I i wR 1 �It � t 4 1 t 111111111111111F — i il- L ? IT ;x`5 2750 SQ. FT ---S"T I FUO\T EI.,EV \TIOti (' • The fourth request is for the Townhome portion of our community. We are proposing new elevations for each Townhome that will be in full compliance with Elgin 's criteria for the West Planning Area . Each home within a Townhome building is able to choose their elevation as long as it meets our monotony code . • With this change we will be mandating criteria on the Key Lots noted on the enclosed Site Map. Homes on the end of a Townhome building where the side of the home faces a public street will have brick on the first floor. Also, homes in the Townhome building facing Nesler Road will have brick on the first floor of the front of the home. I have enclosed a streetscape of a Townhome building with a mixture of our proposed elevations and new elevations . W . ; c.w..::e3.v. '':: a- (f) -10 ;',1 < Z '4. .' ' {'q 1 ,O(/) immm Elm 1 . i . d i r } ii f R r t `W ' Ilia I i r ry '1 11111:IMIM iJ , (1/1) Umil . , • W . d' 2 W 9 . , 0 z t . . _..... , _____4 I i i ., „,,„ , - , i .,. Z z.. . ., 4 . 0 „, ,,, a I- , . q .P ii.1.1:''0:so::4. I _d , , a. 1 . TOWNHOME STREETSCApE . . , .i .,. .., .. ....: 4. ....,, .. . .. , . . . .... .. ..,. . ....... .. . .,,....: ,.. . . , ........ J ' TTL ri - - ,. r L. f 4 t. � _ ` � ii it _ . , I , L , I ± I i ,__ --- l muL a T" - "` " a Townhome K e Lots and B Front ci-_-_ -1-0t2emap 0K- o� say u 1.''1'4 r �, ' • P ,k:' a ", a 4.jA $® i, r3 vm rzr: _ vYd. :. a ®ra: .. tC , `3, sti"Som . ' z7 s, go;er a« w.fin m s ce � r gi' �. ,.,,,,,,,,,,.....d ' e/ „. 17,i. ,. ..t._.„.:,. . ... ., „:._„7, @ � o- ,,,'..'ep . , s- e ms . , _ . , . 1 .,t, . Y __•.......,;;T. ,,,,...00,0 ,. „ .. . _ 7 ...- . 7 '.. * 00 ' r s MINNOW MI MI 11910.61.VIIMIN. fix.urt.,xw w) ew nd 4«xn ao-,3sr,dxxs k•.R,xv#rtr:r,kw u+xHis.rwn+:e c.�ri, �tw ,ax.»�ere«„a�.4 s-aaw,.recta A.ri n.R.- t+ir�.xvr 1 Fw.4Yry I"1wn F.f:nw✓ r ) Thank You west Point Discover A Better Place To Grow Exhibit C "Ci° Ordinance No. G74-08 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G6-05 (West Point Gardens Subdivision— 100 Nesler Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PSFR2 Planned Single Family Residence District; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G6-05 to permit the construction of additional residential building elevations and floor plans in the West Point Gardens Subdivision; 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 15, 2007, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G8-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District," passed January12, 2005, be and is hereby amended in its entirety to read as follows: Section 3. 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 Exhibit, prepared by Cowhey Gudmonson Leder, Ltd., and dated December 16, 2004, and revised on December 21, 2004, designated in the PSFR2 Planned Single Family Residence District." Section 4. 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. 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). 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. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, 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. 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, and in the Annexation Agreement. 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. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 4,800 square feet per dwelling unit, and in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 4. 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. 5. 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. 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. 40 foot wide lots. Eight(8) linear feet(lots 117-296). ii. 60 foot wide lots. Ten (10) linear feet (lots 1-116, and 297-343 as depicted on the Preliminary Plat of Subdivision, prepared by Cowhey Gudmonson Leder, Ltd., and dated January 3, 2005). b. Collector Street Setback. Where a zoning lot has frontage on a buffer yard adjoining a collector street, the minimum required setback for a building shall be ten (10) linear feet from the buffer yard. c. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be as follows: i. 40 Foot Wide Lots (lot numbers as noted above). Zero (0) linear feet, however, the combined setback of both side setbacks shall be a minimum of five (5) linear feet. ii. 60 Foot Wide Lots (lot numbers as noted above). Zero (0) linear feet, however, the combined setback of both side setbacks shall be a minimum of ten (10) linear feet. d. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be as follows: i. 40 Foot Wide Lots (lot numbers as noted above). eighteen and one-half(18.5) linear feet.. ii. 60 Foot Wide Lots (lot numbers as noted above). On those lots that do not have an alley to the rear of the lot, the required building setback shall be sixteen (16) linear feet. In all other cases, the building setback shall be eighteen and one-half(18.5) linear feet. 6. 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, with the following exception: For the purpose of determining setbacks, accessory buildings used for the parking of motorized vehicles (commonly known as "garages"), shall be subject to Section 2, Paragraph G. Site Design, Subparagraph 5. Setbacks by Lot Line._ 7. 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. 8. 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 0.60 (60%). 9. 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 0.55 (55%). 10. 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 0.20 (20%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand six hundred (1,600) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Master LS Plan pages 1 through 5, encompassing the Master LS Plan 2, Planting Details, and Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd., and dated September 9, 2004. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. Substantial conformance to the following building elevations and floor plans for the Meier Farm, all prepared by Matarazzo Land Planning Consultants, Inc., and dated June 24, 2004, unless otherwise noted: i. 1787 sf, 2 Bedrooms Upstairs—Concept for a 40' Wide Lot ii. 2307 sf, 2 Bedroom Down—Concept for a 40' Wide Lot iii. 2496 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot iv. 2647 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot v. 2345 sf, Master Bedroom Down — Concept for a 40' Wide Lot vi. 2584 sf, 2 Bedroom Down - Concept for a 40' Wide Lot vii. 2591 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot (dated August 2, 2004) viii. 3092 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot (dated August 2, 2004) ix. 3147 sf, 5 Bedroom—Typical Concept for a 60' Wide Lot x. 3224 sf, 4 Bedroom - Typical Concept for a 60' Wide Lot, and, xi. as amended by the Petitioner's Statement prepared by Curran Enterprises II, LLC, dated September 25, 2007, with attached building elevation drawings and floor plans. No additional elevation in the Heritage and Kingston series of homes shall exceed 30% of the elevations in those series of homes. b. All exterior building materials for the single family homes shall meet the exterior building materials requirements of the Far West Area Plan. c. The 1,787 square foot dwelling shall be limited to a maximum of 50 lots (15%of the total number of dwelling units). d. 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. e. Substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. f. Substantial conformance to the Preliminary Engineering Plans North and South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated August 2, 2004, with a final revision date of January 3, 2005. 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. 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. Street Graphics. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this 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. 0. 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, and the provisions of the Annexation Agreement. 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 5. 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 5, 2008 Passed: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk October 15, 2007 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 61-07 Requesting Approval of a First Amendment to the Annexation Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building Elevations and Floor Plans in the West Point Gardens Subdivision; Property Located at 100 Nester Road;by West Point Builders&Developers,Inc.,as Applicant,and Nesler Road Limited Partnership, as Owner. GENERAL INFORMATION Requested Action: Amendment to Annexation Agreement Amendment to Ordinance No's. G6-05 and G8-05 Current Zoning: PSFR2 Planned Single Family Residence District PMFR Planned Multiple Family Residence District PCF Planned Community Facility District PAB Planned Area Business District Existing Use: Residential/Commercial Subdivision Property Location: 100 Nesler Road Applicant and Owner: Nester Road Limited Partnership Staff Coordinator: Tom Armstrong, Principal Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Petitioner's Statement and Additional Building Elevations & Floor Plans (see attached) BACKGROUND Findings of Fact Planning and Development Commission Petition 61-07 October 15, 2007 An application has been filed by West Point Builders&Developers,Inc.,requesting a first amendment to the annexation agreement,and amendments to the planned district ordinances to introduce additional building elevations and floor plans in the West Point Gardens Subdivision. The subject property is located at 100 Nesler Road (reference attached Exhibits A, B, C, D, E, and F). West Point Gardens Subdivision was annexed and zoned in two parts,in 2004 and 2005. The applicant desires to offer additional building elevations and floor plans in the subdivision to increase the mix of housing styles and floor plans available, and to respond to customer requests (reference attached Exhibits G). FINDINGS After due notice,as required by law,the Planning and Development Commission held a public hearing in consideration of Petition 61-07 on October 15, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a memorandum, dated October 11, 2007. The Planning and Development Commission has made the following findings: • The additional building elevations and floor plans will add variety to the streetscape and to the housing options available in West Point Gardens Subdivision. The proposed new housing products and additional housing elevations all meet the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design Guidelines(2005). PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements,and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. West Point Gardens Subdivision was approved in 2005, with a number of departures from the standard requirements of the zoning and subdivision regulations. The applicant is not requesting any new departures from the standard requirements of the zoning and subdivision regulations. The proposed new housing products and additional housing elevations all meet the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design Guidelines (2005). SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: 2 Findings of Fact Planning and Development Commission Petition 61-07 October 15,2007 A. Summary of Findings. • Positive Attributes. The additional building elevations and floor plans will add variety to the streetscape and to the housing options available in West Point Gardens Subdivision. B. Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval,denial,or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 61-07. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0)no: 1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J. Curran, Manager, Curran Enterprises II, dated September 25, 2007 and attachments, with revisions as required by the Community Development Group. 2. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/Tom Armstrong Tom Armstrong, Secretary Planning and Development Commission 3 Exhibit C "C-iii" Ordinance No. G73-08 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G8-05 (West Point Gardens Subdivision— 100 Nesler Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PMFR Planned Multiple Family Residence District; and WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G8-05 to permit the construction of additional residential building elevations and floor plans in the West Point Gardens Subdivision; 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 15, 2007, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G8-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District," passed January12, 2005, be and is hereby amended in its entirety to read as follows: Section 3. 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 Exhibit, prepared by Cowhey Gudmonson Leder, Ltd., and dated December 16, 2004, revised December 21, 2004, designated in the PMFR Planned Multiple Family Residence District." Section 4. 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 single family attached 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 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] (townhomes) (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]. 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. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 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. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR]. 10. "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. 11. "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. 12. "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: 1. Substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 2. Substantial conformance to the Preliminary Engineering Plans North and South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated August 2, 2004, with a final revision date of January 3, 2005. 3. Substantial conformance to the Master LS Plan pages 1 through 5, encompassing the Master LS Plan 2, Planting Details, and Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd., and dated September 9, 2004. 4. Substantial conformance to the Typical Townhome Streetscape, prepared by Matarazzo Land Planning Consultants, Inc., and dated August 19, 2004; and as amended by the Petitioner's Statement prepared by Curran Enterprises II, LLC, dated September 25, 2007, with attached building elevation drawings and floor plans. 5. All exterior building materials for the attached single family homes shall meet the design requirements of the Far West Area Plan. 6. The floor area for the attached single family dwellings shall be a minimum of 1,400 square feet, with the exception that one model may have a floor area of 1,325 square feet. 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. Street Graphics. In this PMFR zoning district, street graphics shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. 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 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, and the provisions of the Annexation Agreement. 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 5. 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 5, 2008 Passed: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk October 15, 2007 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 61-07 Requesting Approval of a First Amendment to the Annexation Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building Elevations and Floor Plans in the West Point Gardens Subdivision; Property Located at 100 Nesler Road;by West Point Builders&Developers, Inc.,as Applicant,and Nesler Road Limited Partnership, as Owner. GENERAL INFORMATION Requested Action: Amendment to Annexation Agreement Amendment to Ordinance No's. G6-05 and G8-05 Current Zoning: PSFR2 Planned Single Family Residence District PMFR Planned Multiple Family Residence District PCF Planned Community Facility District PAB Planned Area Business District Existing Use: Residential/Commercial Subdivision Property Location: 100 Nesler Road Applicant and Owner: Nesler Road Limited Partnership Staff Coordinator: Tom Armstrong, Principal Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Petitioner's Statement and Additional Building Elevations& Floor Plans (see attached) BACKGROUND Findings of Fact Planning and Development Commission Petition 61-07 October 15, 2007 An application has been filed by West Point Builders&Developers,Inc.,requesting a first amendment to the annexation agreement,and amendments to the planned district ordinances to introduce additional building elevations and floor plans in the West Point Gardens Subdivision. The subject property is located at 100 Nesler Road (reference attached Exhibits A, B, C, D, E, and F). West Point Gardens Subdivision was annexed and zoned in two parts,in 2004 and 2005. The applicant desires to offer additional building elevations and floor plans in the subdivision to increase the mix of housing styles and floor plans available, and to respond to customer requests (reference attached Exhibits G), FINDINGS After due notice,as required by law,the Planning and Development Commission held a public hearing in consideration of Petition 61-07 on October 15, 2007. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a memorandum, dated October 11, 2007. The Planning and Development Commission has made the following findings: • The additional building elevations and floor plans will add variety to the streetscape and to the housing options available in West Point Gardens Subdivision. The proposed new housing products and additional housing elevations all meet the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design Guidelines (2005). PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements,and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. West Point Gardens Subdivision was approved in 2005, with a number of departures from the standard requirements of the zoning and subdivision regulations. The applicant is not requesting any new departures from the standard requirements of the zoning and subdivision regulations. The proposed new housing products and additional housing elevations all meet the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design Guidelines (2005). SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: 2 Findings of Fact Planning and Development Commission Petition 61-07 October 15, 2007 A. Summary of Findings. • Positive Attributes. The additional building elevations and floor plans will add variety to the streetscape and to the housing options available in West Point Gardens Subdivision. B. Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval,denial,or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 61-07. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0) no: 1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J. Curran, Manager, Curran Enterprises II, dated September 25, 2007 and attachments, with revisions as required by the Community Development Group. 2. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/Tom Armstrong Tom Armstrong, Secretary Planning and Development Commission 3