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HomeMy WebLinkAbout14-51 Resolution No. 14-51 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE LLC (Highland Woods Subdivision, Neighborhoods "I" and "J") WHEREAS, the Owner of certain property commonly known as the Highland Woods Subdivision, Neighborhoods "I" and "J", 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 Pingree 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, the First Amendment to Annexation Agreement with Pingree LLC, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 23, 2014 Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIRST AMENDMENT TO ANNEXATION AGREEMENT (Highland Woods Subdivision Neighborhoods I and J) THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT (Amendment) is made and entered into this 23rd day of April , 2014 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 Pingree LLC, an Illinois limited liability company (hereinafter referred to as "Developer" and "Owner") as successor in interest to Edward J. Rembowski Trust under Trust Agreement dated March 1, 1991 and Straub Family Trust under Trust Agreement dated January 1, 2001. WITNESSETH Whereas, the Owner and predecessor in title to the Owner and the City entered into an Annexation Agreement dated February 25, 2004 (hereinafter referred to as the "Agreement") regarding the property commonly known as Highland Woods Subdivision being legally described in Exhibit"A", which is attached and made a part hereof; and Whereas, Owner has acquired additional annexed territory (hereinafter referred to as the "Williams Property") and now desires to construct additional single family detached homes in the expanded Williams Property/Neighborhood "J" and additional townhome units in Neighborhood "I" in Highland Woods Subdivision; and Whereas, the Corporate Authorities of the City, after due and careful consideration, have concluded that the expansion of Highland Woods Subdivision to allow the construction of additional single family homes and townhome units is desirable and in the best interests of the City; and Whereas, the Owner desires to amend Group Exhibit "C-3" to the Agreement with respect to Neighborhood "I" of Highland Woods Subdivision, such Group Exhibit C-3 being the PMFR zoning ordinance for the Subject Property; and Whereas, the City desires to accommodate Owner's desire to so amend such Group Exhibit"C-3"; and Whereas, the City has held the public hearings on the proposed amendment to the annexation agreement and the proposed amended PMFR zoning ordinance 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. The Preliminary Plat for Highland Woods Subdivision, prepared by Cemcon Ltd., dated February 5, 2004, attached as Exhibit D to the Annexation Agreement is hereby amended by the attached Exhibit B, containing the document entitled "Proposed Preliminary Subdivision Plat for Highland Woods" prepared by Cemcon Ltd, dated April 15, 2004 and last revised on November 16, 2006; the document entitled "Williams Parcel (Neighborhood "J") Concept Plan 95 lots (95'x135')," prepared by Cemcon Ltd, dated January 26, 2006, and last revised September 6, 2006, which also locates twenty-four (24) additional townhome units within Neighborhood"I". B. Group Exhibit "C-3", being the PMFR Planned Multiple Family Residence District Ordinance G17-04, is 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 PMFR ordinance within thirty(30) days following the entry into and execution of this amendment. C. Future amendments to Group Exhibit "C-3" as described in Section C of this ordinance shall not require further amendment to the Annexation Agreement. 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. [SIGNATURE PAGE FOLLOWS] CITY: OWNER: CITY OF ELGIN, a municipal corporation Pingree, LLC By: By: Mayor Its: Attest: By: AO*4 City Clerk EXHIBIT A Legal Description of Subiect Property Parcel A: That part of the northeast quarter of section 11, township 41 north, range 7 east of the third principal meridian, described as follows: beginning at a point in the east line of said northeast quarter, 8.23 and a half chains north of the southeast corner of the northeast quarter of said section 11, thence along the section line 11.76 and a half chains; thence west parallel with the south line of said section 11.1 chains; thence south 29 degrees 10 minutes west 5.47 chains to a point in the center of the highway; thence south 51 degrees east along the center of said highway 4 chains; thence south 64 degrees east along the center of said highway 9.78 chains; thence southeasterly along the center of said highway about 9 rods to the east line of said section 11; thence north along the section line 4 and a half rods to the point of beginning, in the Township of Plato, Kane county, Illinois. Part of the southeast quarter of section 2 and part of the northeast quarter and northwest quarter of section 11, township 41 north, range 7 east of the third principal meridian, described as follows: beginning at the southeast corner of said section 2; thence north along section line 15.12 chains; thence west parallel with south line of said section, 28.36 chains; thence south 8 degrees east 15.27 chains to a point on the south line of said section, 6.05 chains west of the southeast corner of the west half of the southeast quarter of said section 2; thence west along said south line 17.65 chains to a point in the center of the road; thence south 17 and a quarter degrees east along the center of said road 2.55 chains; thence south 47 degrees east along the center of said road 8.60 chains; thence south 55 degrees east along the center of the said road 6.40 chains; thence south 67 degrees east along the center of said road, 5.87 chains; thence south 56 and three quarters degrees east along the center of said road, 7.17 chains to a point in the west line of the northeast quarter of the northeast quarter of section 11, aforesaid 1.53 chains north of the southwest corner thereof; thence southeasterly along the center of said road to its intersection with the south line of said northeast quarter of northeast quarter of section 11; thence south 43 and one half degrees east, 6.25 chains; thence north 29 degrees east 5.47 chains to a point in the south line of the northeast quarter of the northeast quarter of section 11; thence east 11.10 chains to the east line of section 11; thence north 20 chains to the northeast corner of said section 11 and the point of beginning (except that part of the north half of section 11, township 41 north, range 7 east of the third principal meridian described as follows: beginning at the northwest corner of the northeast quarter of said section; thence east along the north line of said section 805.2 feet to the center line of the ditch of the Plato Rutland drainage district; thence south 48 degrees 25 minutes west 819 feet to the center line of the public highway; thence northwesterly along said center line of a 3 degrees 11 minutes curve to the right 686.9 feet to the north line of said section; thence east along said north line 223.6 feet to the point of beginning), in the township of Plato, Kane county, Illinois. And also except: That part of section 11, township 41 north, range 7 east of the third principal meridian, further described as: commencing at the northeast corner of said section 11, township 41 north, range 7 east of the third principal meridian; thence south 00 degrees 07 minutes 24 seconds east, 1324.65 feet along the east line of said section 11; thence south 89 degrees 18 minutes 17 seconds west, 732.60 feet; thence south 28 degrees 54 minutes 35 seconds west, 361.02 feet to the centerline of highways as described per deed 982345; thence north 42 degrees 55 minutes 49 seconds west along said described centerline, 69.34 feet to the point of beginning; thence north 34 degrees 55 minutes 02 seconds east, 388.75 feet; thence north 45 degrees 22 minutes 03 seconds west, 560.00 feet; thence south 34 degrees 55 minutes 02 seconds west, 398.03 feet to the aforementioned described centerline (the following three courses are along said described centerline); thence south 56 degrees 45 minutes 00 seconds east, 48.65 feet; thence south 50 degrees 42 minutes 34 seconds east, 157.13 feet; thence south 42 degrees 55 minutes 49 seconds east, 354.61 feet to the point of beginning, all in township 41 north, range 7 east of the third principal meridian, Kane County, Illinois. The northwest quarter of the northwest quarter of section 12, township and range aforesaid, in the township of Plato, Kane County, Illinois. That part of the west half of section 12, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southwest quarter of the northwest quarter of said section 12, thence west along the north line of said quarter 554.8 feet for the point of beginning; thence south parallel with the west line of said section 1497.32 feet to the center line of state road; thence northwesterly along the center line of said state road 376.31 feet; thence northeasterly at right angles to said center line 215.0 feet; thence northwesterly at right angles to the last described line 336.80 feet; thence southwesterly at right angles to the last described line 215.0 feet to the center line of said state road; thence northwesterly along said center line to the west line of said section 12; thence north along said west line 12.32 chains to the northwest corner of the southwest quarter of the northwest quarter of said section; thence east along the north line of the southwest quarter of said northwest quarter 781 feet to the point of beginning, in the township of Plato, Kane County, Illinois. That part of the southwest quarter of section 1, township 41 north, range 7 east of the third principal meridian described as follows: beginning at the southwest corner of said southwest quarter; thence north 0 degrees 44 minutes 16 seconds east along the west line of said quarter section 1004 feet; thence south 89 degrees 38 minutes 10 seconds east parallel with the south line of said quarter section 1323.63 feet; thence south 0 degrees 44 minutes 16 seconds west parallel with the west line of said quarter section 1004 feet to the south line of said quarter section; thence north 89 degrees 38 minutes 10 seconds west along said south line 1323.63 feet to the point of beginning, in the township of Plato, Kane county, Illinois. Parcel B: That part of the southwest quarter of section 1, township 41 north, range 7 east of the third principal meridian described as follows: Commencing at the southwest corner of said southwest quarter; thence northerly along the west line of said quarter 1004.0 feet for the point of beginning; thence easterly along a line parallel with the south line of said quarter forming an angle of 89 degrees 33 minutes 23 seconds from the prolongation of the last described course (measured clockwise therefrom) 1323.63 feet; thence southerly along a line parallel with said west line forming an angle of 89 degrees 33 minutes 23 seconds from the last described course (measured counter clockwise therefrom) 1004.0 feet to a point on said south line that is 1323.63 feet easterly of said southwest corner; thence easterly along said south line forming an angle of 89 degrees 33 minutes 23 seconds from the last described course (measured clockwise therefrom) 1335.34 feet to the southeast corner of said quarter; thence northerly along the east line of said quarter forming an angle of 89 degrees 52 minutes 49 seconds with the last described course (measured clockwise therefrom) 1792.75 feet to the south right of way line of the Iowa, Chicago and Eastern Railroad (formerly known as the Chicago, Milwaukee and St. Paul railroad); thence westerly along said south right of way forming an angle of 103 degrees 46 feet 54 seconds with the last described course (measured clockwise therefrom) 2713.15 feet to the said west line; thence southerly along said west line forming an angle of 76 degrees 46 minutes 54 seconds from the last described course (measured clockwise therefrom) 1429.65 feet to the point of beginning in Plato township, Kane County, Illinois. Parcel C: That part of the southeast quarter of section 1 and that part of the northeast quarter of section 12, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northwest corner of said northeast quarter; thence south along the west line of said northeast quarter 252.92 feet for the point of beginning; thence south 73 degrees, 30 minutes, 32 seconds east 757.33 feet; thence north 12 degrees, 28 minutes, 20 seconds east 1055.2 feet; thence north 29 degrees, 45 minutes, 00 seconds east 687.83 feet to the center line of highland avenue road; thence southeasterly along said center line to the east line of said southeast quarter of section 1; thence southerly along said east line and the east line of said northeast quarter of section 12 to the southeast corner of said northeast quarter; thence northwesterly to a point on the west line of said northeast quarter that is 735.24 feet north of the southwest corner of said northeast quarter; thence north along said west line 1650 feet to the point of beginning (except that part described as follows: commencing at the southwest corner of said southeast quarter of section 1; thence north along the west line of said southeast quarter 712.5 feet; thence southeasterly along a line forming an angle of 98 degrees, 50 minutes, 0 seconds to the right with the prolongation of the last described line 965.2 feet for the point of beginning; thence continuing southeasterly along the last described line 791 feet; thence northeasterly along a line forming an angle of 81 degrees, 08 minutes, 00 seconds to the left with the prolongation of the last described line 405.1 feet to said center line of highland avenue road; thence northwesterly along said center line 655.8 feet; thence southwesterly 688 feet to the point of beginning and also except that part described as follows: commencing at the southwest corner of said southeast quarter; thence northerly, along the west line of said southeast quarter, a distance of 712.50 feet; thence southeasterly, along a line that forms an angle of 98 degrees 50 minutes, 00 seconds to the right with the prolongation of the last described course, a distance of 1756.20 feet to the southeasterly corner of document no. 1515428 for the point of beginning; thence southeasterly, along a line that forms an angle of 21 degrees, 44 minutes 26 seconds to the right with the prolongation of the last described course, a distance of 330.92 feet; thence northeasterly, along a line that forms an angle of 102 degrees 52 minutes 26 seconds to the left of the prolongation of the last described course, parallel with the southeasterly line of said document no. 1515428, a distance of 405.10 feet to the center line of highland avenue road; thence northwesterly, along said center line, a distance of 330.92 feet to the northeasterly corner of aforesaid document no. 1515428; thence southwesterly, along the southeasterly line of said document no. 1515428, a distance of 405.10 feet to the point of beginning), (except that part lying in highland avenue as dedicated per document number 526525) in Plato township, Kane County, Illinois. The northeast quarter of the northwest quarter of section 12, township 41 north, range 7 east of the third principal meridian, in the township of Plato, Kane County, Illinois. APPROVED PRELIMINARY SUBDIVISION PLAT v�EET 1 a< 3 FOR Approved Preliminary Plat Per HIGHLAND WOODS' Annexation Agreement Mated February 25,2004. PLATO TOWNSHIP, KANE COUNTY ILLINOIS D=1111T N 4 PE . mac„ LS[••52''`5 t' ­zz n 17 5 n S%fly L 1511 srj _� 1w Ua R.nxoro v - y �a i aa'w ,•sya a s i s a'` i�5�i�5i i�5 (�j� to �} ■ i-i ii ii Li ii Li as y a • a a � i I 1 I�If • ____ ______ ______ __________ ______ i t i i'� • ± a yl 1a a i ppp Y a •h d i s w a a { • i a a • a • s a °;• jy • •a a s •,a i $} a a ; a s a i a j i/a aaa aa•i 4444 y ya di°a + f'sdi a-i,i. • i s a a a a a L a i a a � \ a is • aaa aaa a a w - __-a° y aia+ + e i +} i as ai a i a + a wy a a s a a� � a is i iiiy sa d. s ° ° i d d i � . C 'p a _ =isasiasiaa s a ° as • ,,a is 1 + ii•iiiii S iay y ° = L' �� ad i y i °° • a i • a s y a • a L 8 a = it n � • `i a i = a i' b of • I i i ° i - a a i • i i i i i =a a y a • .._ a a , s • .• � is i i i ° a • aaa s a s s; i a iy ia; ° I i s sa•aia a = a a • • a a i s' i /� i i s �i • i A a a + + !6 y °•y a a a y • s• � •aa • y iiay • iy a a • i i A a a a � •°a y °i a i i a �a i i a i i i i i • 2 °a aia • i i i s s a i '} anal a a y a Y 0 CEMCON,�Ltd. CROMN COMMUNITY DEVELOPMENT MORRIS AND RITCNIE ASS0O—S �CEYCON,LTD. • .� �� 3600 MAZER COURT,SUITE 100 tNO6o JU cn.ORINE.SUITE 1 2160-ITE OAR GRCLE.SURE 100 —.1 coxart Nwv I RORA.IL 60504 A OlS JUNCTION,MD T0201 -N-A,IL 60501-66 7 5 . w.ro.: ,,— (630)651-5490 (CO)262-.M (630)662-1100 rt Exhibit B 4 4 --------- - ,I JI oil I C- 7 AA 'Tit ' WILLIAMS PARCEL (NEIGHBORHOOD 7) CONCEPT PLAN SHEET , OF 3 .� �. 95 LOTS (95W35) • IamB,Y-IYYa a, PAK=(A.Y•Q aoll.ma L(M.rr 4J CONCEPT PLAN wvaNa,aaa ovkn ry (aes Ae.l CLIENT APPROVAL SHEET kommin polay arr.ar a,:(saa kal r.zorocBArac mrDkY.nox rm vkkxacr 1 te�zv BooYkYer rams rmvmla er rnrar :zic �� ArreDTm sr: n,Ltlr xAY DArz. s�/vorunnaoN ama arn.(wums x.cavta / 11 2: �� MmWIeY k!or eeekf AAe arrxromkfe _ 26 — i'�� \ k mt vury.r rm of rwuam rumw IDD w o too (l � . •T• _'\ Iola ras-rw!ku kWaJrsLVq d ' mkrW.TMR BDeakok•1•rorrrar rux. �' ��/ •\,\ `'� ,Lazo •l. .%. .� �'o (•1 mW'ss --------- \ / . . .� � �.' .� �• IAwu T, L°t j. -___--_ -J . . `' Pvrnly /)� Let DI II I Lol 12 � 1` •-•-••••• • Sit,v. \ un `----------- . ' ' - "-- L-t 33 .0!aD` ��,'' s //fit SV.n tt 54, W.li. I• t v �l v \ rn ` Lyt� ; Lw a W 49 I'I •�• •/ �•�•` - xo / ��� Lx°mt Sk /, xextxu t II Yla�rt �- / •� ' !1{ti kaa ,� M r / tw Yet ss r tYY �Mi , (u slnrnl b ew an II� O�ex` • ' la / o- �s xMkM � A !/r ey 1 ,Ar•r ra �.t of 1iiT 4� ' tw OMDAR W 72 i; 1 ^. •. � I > 91.1a wrwr a N•L°m wLtd. Le�,`: M 136t,AT Ay n°x..rs 22a0'Mile 0°M Grcle.Suee 100 ._ A°m�W,Inmm. rlosoz-vme Amax eDOJUZ.zIaD PAY:eDO.w].ziW --��ARCtL eauNOAar twe �D 4 ii.iei c=iax:caaaoc.mc°n.mm W.aw.:....cemrm.com I aW.v DISC NO.: .e9Me itLE WYE: (DNCEPt q/Y NBN J /A .w a. m s 'r COMPLETION DALE: 1-Z6-oa JOB NO.: 4ee.]el 1 ,iw rr. �•.w ar. I pr. �i I Inr. ��+ 'r. �i -UP mo ­F'.N/A R L D M CLI :01-I1-Oa/WC5 F ,s RENSFD:01-02-06/L5 W£TLWO LOGIgN RE D:w-2-06/—UPDATED ARF/.NxfD. -—-—- -—�NNB�BNFT AVBWE —- _ RENBED:0]-10-Oa/Ole LOT 11Tk PI T 8 Re.sco:oa-De-De/ae LOTS ez-az.PARCEL A k RD.awnr mr•w��mROm Ordinance No. G22-14 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G17-04 (Highland Woods Subdivision Neighborhood"I"— 899 and 900 Coombs Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and originally classified in the PMFR Planned Multiple Family Residence District under Ordinance No. G17-04; and WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G17-04 to permit additional townhome models to be constructed within Highland Woods Subdivision Neighborhood "I"; 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 November 20, 2006, made by the Planning & Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G17-04 entitled "An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District (Highland Woods Subdivision and Foy Property—899 Coombs Road)," passed February 25, 2004, be and is hereby amended only as set forth in this ordinance by amending Section G, entitled "Site Design" through the addition of Subparagraph"q" to read as follows: q. Twenty-four (24) additional townhome units in the form of four six-unit buildings will be permitted for construction for a total of 176 townhome units contained within 33 buildings within Neighborhood "I" of the subdivision. And subject to the following conditions: 1. Substantial conformance to the information contained in the Petitioner's Statement of Purpose and Conformance. 2. Substantial conformance to the following exhibits prepared by Cemcon, Ltd: a. Approved Preliminary Subdivision Plat for Highland Woods, Plato Township, Kane County, Illinois, dated April 24, 2006 b. Proposed Preliminary Subdivision Plat for Highland Woods dated April 15, 2006, and last revised on November 16, 2006. 3. Substantial conformance to the existing configuration plan for Neighborhood "I" entitled Parcel "I" Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and dated December 4, 2003. 4. Compliance with all applicable codes and ordinances. Section 3. That except as amended herein; the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G17-04. In the event of any conflict between this ordinance, which expressly includes those documents detailed within Section 2 and the allowances and departures described and provided thereon, and Ordinance No G17-04, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 23, 2014 Passed: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 23, 2014 Published: April 25, 2014 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk November 20,2006 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 101-06 Requesting a First Amendment to an Annexation Agreement,and an Amendment to PMFR Planned Multiple Family Residence District Ordinance No. G17-04 to Amend the Planned Development and Preliminary Plan for Highland Woods Subdivision Neighborhood"I";Property Commonly Known as 900 Coombs Road;by the Pingree Creek,LLC, as Applicant and Owner. GENERAL INFORMATION Requested Action: First Amendment to Annexation Agreement Amendment to PMFR District Ordinance G17-04 Amendment to Preliminary Plan Current Zoning: PMFR Planned Multiple Family Residence District Proposed Zoning: PMFR Planned Multiple Family Residence District Existing Use: Vacant Property Location: 900 Coombs Road Applicant/Owner: Pin ree Creek LLC 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) Exhibit A Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 F. Site Photos (see attached) G. Petitioner's Statement and Development Plan (see attached) H. Draft Amendment to PMFR Ordinance (see attached) I. Standards for Planned Developments (see attached) BACKGROUND An application has been filed by Pingree Creek,LLC requesting a first amendment to an annexation agreement,and an amendment to PMFR Planned Multiple Family Residence District Ordinance No. G 17-04. The Highland Woods Subdivision is located at 900 Coombs Road(reference Exhibits A,B, C, D, E, and F). The Highland Woods Subdivision was annexed and zoned in 2004. The subdivision encompasses approximately 489 acres of land. The subdivision features 775 single family homes,309 townhome units,a community clubhouse/recreation facility,an elementary school,and 148 acres of open space and park land. The developer is working to complete installation of the underground utilities,street network,and stormwater management facilities in the subdivision. They will also be constructing the community clubhouse/recreation facility,parks,and other common elements in the subdivision. Neighborhood areas and individual lots will be sold to a variety of homebuilders, who will build-out the single family and townhome areas of the subdivision. School District 301 is constructing the elementary school in the subdivision. The applicant is requesting to amend PMFR Planned Multiple Family Residence District Ordinance No. G17-04 to add 24 additional townhome units (four six-unit buildings) in an area of the subdivision identified as Neighborhood"I". Neighborhood"I"was originally approved with a total of 152 townhome units contained within 29 buildings. The additional townhome units will meet all of the site design and architectural standards approved as a part of the original annexation and zoning (reference Exhibits G, H, and I). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 101-06 on November 20, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. The Community 2 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 Development Group submitted an Annexation,Zoning and Subdivision Review, dated November 15, 2006. The Planning and Development Commission has made the following general findings: A. Site Characteristics Standard. The suitability of the subject property for the proposed annexation, zoning and subdivision, with respect to its size, shape and any existing improvements. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 15.5 acres. The topography of the property rises from east to west. Elevations on the property range from a low point of approximately 913 feet to a high point of approximately 930 feet,for a maximum relief of 17 feet. The property is bordered on the north by a freight rail line. There is a wetland area extending along the north line of the property, located mostly within the railroad right of way. The wetland area extends into the development area at the far northeast and northwest corners. The proposed development plan avoids impacts to these wetland areas. There are no significant stands of trees on the subject property. B. Sewer and Water Standard. The suitability of the subject property for the proposed annexation, zoning and subdivision with respect to the availability of adequate water, sanitary treatment and stormwater control facilities. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the sewer and water standard. The applicant is a member of a consortium of developers that is extending both sanitary sewer and water service to Highland Woods Subdivision and other neighboring subdivisions. The subject property is tributary to Phase 5B of the Otter Creek Interceptor Sewer System. Water mains are proposed to be looped through the subdivision from various connection points, and will be connected to major transmission mains and a new one million gallon water tower serving the west pressure zone. Stormwater management will be provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to the provision of safe and efficient on site and off site vehicular circulation designed to minimize traffic congestion. 3 Findings of Fact Planning and Development Commis- sion Petition 10 1-06 November 20, 2006 Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the traffic and parking standard. The subject property will be accessed via the local street network under construction in Highland Woods Subdivision. No changes are proposed to the previously approved street layout in the subdivision. Parking for the proposed townhome units will be provided in conformance with the Off- Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the proposed annexation, zoning and subdivision with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the zoning history standard. The subject property was annexed and zoned PMFR Planned Multiple Family Residence District in 2004 as a part of Highland Woods Subdivision. E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the proposed annexation, zoning and subdivision with respect to consistency and compatibility with surrounding land use and zoning. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the surrounding land use and zoning standard. A freight rail line extends along the north line of the subject property. The properties located opposite the rail line are zoned "F" Farming District in unincorporated Kane County, and PNB Planned Neighborhood Business District in Elgin. The unincorporated areas are in agricultural use. The PNB District will develop with commercial uses supported by the developing residential neighborhoods in the area. The area located to the immediate east of the subject property is zoned PCF District. The area will be developed as a park amenity for the surrounding neighborhood areas in the Highland Woods Subdivision. Another townhome neighborhood will be constructed to the east of the park site. The area located to the immediate south of the subject property is zoned PSFR2 District. The area is referred to as Neighborhood "Y' in the Highland Woods Subdivision. Neighborhood"Y'will be developed with single family homes. The area located to the immediate west of the subject property,commonly referred to as the Williams Property,is zoned PSFR2 District,and was annexed and zoned as a part of the HPI East Subdivision. The Williams Property is isolated by the balance of the HPI East Subdivision by the freight rail line. However, it adjoins and is a natural extension to the 4 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 Highland Woods Subdivision. Pingree Creek, LLC has a contract to purchase the property and proposes to develop it with single family homes in an expansion of Neighborhood"J"in Highland Woods. F. Trend of Development Standard.The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the trend of development standard. The subject property was annexed and zoned in 2004. The subject property is located within the west growth area of the city. The area is developing with single family attached and detached housing, which will support the development of commercial and employment areas in designated locations within the west growth area. G. Zoning Districts Standard. The suitability of the subject property for the proposed annexation, zoning and subdivision with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. For planned development districts, the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of the zoning ordinance. 2. A creative approach to the use of land and related improvements resulting in better design and construction of aesthetic amenities. 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. Planned residential districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned residential 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. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the zoning districts standard. The proposed Highland Woods Subdivision will provide a variety of homes and lot sizes,thereby filling a void in the range of housing types and values available within the Elgin real estate market. The applicant is proposing architectural covenants to ensure the quality of the proposed dwellings. 5 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 H. Comprehensive Plan Standard. The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to conformance to the goals,objectives,and policies of the official comprehensive plan. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the comprehensive plan standard. The subject property is designated as "Low Density Residential" (2.1 dwelling units to 4 dwelling units per acre), and"Parks and Open Space"on the Land Use exhibit in the Elgin Comprehensive Plan and Design Guidelines. The overall density in Highland Woods Subdivision,with the additional townhome units, is approximately 2.24 dwelling units per acre. The Comprehensive Plan recommends that no more than 20 percent of the total number of dwelling units be attached units. Highland Woods Subdivision was approved with 70 percent detached single family homes and 30 percent attached single family homes (townhomes). The proposed addition of the single family homes in Neighborhood"J"and the additional townhomes units in Neighborhood "I" maintain the previously approved balance of single family detached (70%) and single family attached (30%) dwelling units. I. Natural Preservation Standard. The suitability of the subject property for the proposed annexation,zoning and subdivision with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the natural preservation standard. There are two wetland areas that extend onto the far northeast and northwest corners of the subject property. These wetland areas will not be impacted by the proposed addition of dwelling units within the townhome area of Highland Woods Subdivision. The opportunity to relocate a previously proposed stormwater basin located in the northwest corner of the townhome project onto the adjoining Williams Property protects one of the wetland areas that otherwise would have been required to be mitigated. J. Internal Land Use Standard. The suitability of the subject property for the intended annexation, zoning and subdivision with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings: The subject property is suitable for the proposed annexation, zoning and subdivision with respect to the internal land use standard. The townhome area of Highland Woods Subdivision is regulated by the terms and conditions of the annexation agreement, and by the PMFR District ordinance controlling the use and development of the area. The original and proposed amendments to the annexation agreement and PMFR District ordinance are intended to prevent undue detrimental influence on the proposed internal land uses and on surrounding properties. 6 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 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 and Subdivision Ordinances. The subject property is zoned PMFR Planned Multiple Family Residence District. For the purposes of this section,the most similar zoning district is the MFR Multiple Family Residence District. The applicant is requesting no revisions to the land use,site design standards and architectural controls applicable in the previously approved PMFR District ordinance other than to reference the amended preliminary plan for Highland Woods Neighborhood"I". The previously approved departures from the land use, site design and architectural standards in the most similar zoning district include the following: 1. EMC 19.12.300(E)—Principal Buildings per Zoning Lot. No more than one(1)principal building is allowed on a zoning lot in the MFR District. The project features multiple buildings located on single zoning lots defined by the perimeter zoning boundaries and the internal street system in the PMFR District. 2. EMC 19.25.735 (B)—Lot Area. The minimum required zoning lot area per dwelling unit is five thousand(5,000)square feet in the MFR District. The zoning lot area per dwelling unit is approximately three thousand three hundred fifty-seven (3,357) square feet in the proposed PMFR District. 3. EMC 19.25.735 (E.l.a.3)—Local Street Setback. The minimum required building setback from a local street is reduced from thirty (30) linear feet in the MFR District to twenty (20) linear feet in this PMFR District. 4. EMC 19.25.735(E.Ld)—Rear Setback. The minimum required building setback from a rear lot line is reduced from forty (40) linear feet in the MFR District. The townhome buildings in this PMFR District are designed with rear garage access and will have a minimum separation of sixty(60)linear feet to allow for shared driveway access and two tandem parking stalls in front of each two car garage. 5. EMC 19.25.735(E.Le)—Transition Setback. The minimum required building setback from a transition lot line is reduced from forty (40) linear feet in the MFR District to thirty (30) linear feet in this PMFR District. SUMMARY OF UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: 7 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 A. Summary of Findings 1. Positive Attributes. The Highland Woods Subdivision will provide a variety of move-up and executive housing products in a master planned community featuring protected natural resources that will be integrated with the surrounding development, neighborhood parks, a community center, a neighborhood school, and bicycle and pedestrian trail systems. 2. Comprehensive Plan. The subject property is designated as "Low Density Residential"(2.1 dwelling units to 4 dwelling units per acre),and"Parks and Open Space" on the Land Use exhibit in the Elgin Comprehensive Plan and Design Guidelines. The overall density in Highland Woods Subdivision,with the additional townhome units, is approximately 2.24 dwelling units per acre. The Comprehensive Plan recommends that no more than 20 percent of the total number of dwelling units be attached units. Highland Woods Subdivision was approved with 70 percent detached single family homes and 30 percent attached single family homes (townhomes). The proposed addition of the single family homes in Neighborhood"Y'and the additional townhomes units in Neighborhood"I" maintain the previously approved balance of single family detached(70%)and single family attached (30%)dwelling units. 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 101-06. On a motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero (0) no: 1. Substantial conformance to the information contained in the Petitioner's Statement of Purpose and Conformance. 8 Findings of Fact Planning and Development Commis- sion Petition 101-06 November 20, 2006 2. Revisions to Parcel"I"Conceptual Site Plan for Highland Woods Subdivision,prepared by MRA, Inc., and dated December 4, 2003, as required by the Community Development Group. 3. Revisions to the Preliminary Subdivision Plat of Highland Woods,prepared by Cemcon,Ltd. and last revised April 24, 2006, as required by the Community Development Group. 4. Revisions to the First Amendment to Annexation Agreement,as required by the Corporation Counsel,Community Development Group,Parks and Recreation Department,Engineering Division, Public Works Department, and Water Department. 5. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval of Petition 101-06 was adopted. Respectfully Submitted, s/John Hurlbut John Hurlbut, Chairman Planning and Development Commission s/Tom Armstrong Tom Armstrong, Secretary Planning and Development Commission 9 y y _ - `�• -_•_ a ' y F ' < r I 1 1 1 r_ t ;l V19 6 Age zo r> s: x� �k L < r 1 � 1 1 � l- � f Subject Property Petition 101-06 900 Coombs Rd EXHIBIT C Parcel Map N Department of Community Development 100 0 100 200 Feet F ebru ary 28,2007 SFR2 P P FR2 PSFR2 Subject Property Petition 101-06 Zoning Classification Q Residence Conservation 1 Q Residence Conseryation 2 PSFR2 Q Residence Conseryation 3 Planned Residence Conseryation Q Single Family Residence 1 Q Single Family Residence 2 Q Planned Single Family Residence 2 0 Two F am ily Residence ® Multiple Family Residence ® Planned Multiple Family Residence PSFR2 Q Residence Business Q Planned Residential Business - Neighborhood Business PSFR2 - Planned Neighborhood Business - Area Business - Planned Area Business Center City 1 Center City 2 PSFR2 Planned Center City 2 - Office Research Industrial - Planned Office Research Industrial General Industrial - Planned General Industrial - Commercial Industrial - Community Facility - Planned Com munity Facility Fox River P reservation - Planned Center City 2 Q Planned Single Family Residence 1 Planned Two Family Residence EXHIBIT B Zoning Map N Department of Community Development 500 0 500 1000 Feet February28,2007 •ry `' 'i. ash _Si All IN an, � its/�N fl 11■IL I( '� ,.CIl•111'=_� Iii 'Pill �,K � -_—•• •N11N� ��� - - ■i i■nin r: �� _� � � � it G limey_ 'af �!' �111111111 • r N M r q I�r 'tom #•' �:=� - 'fr f- ••�� �' 1.S_ Z._!l._�a�liii III _•va_��S�^Ilsbuu11-1-tlINIIIP H' mi Min 1 .allli" _���%• 6 .nu11 aoiu I ��2y �. _ Cy,• _s sal=—� I■ XNMI==5limb, ON n slj, it __e .•1� :.1111!-••1 �Z�:linrii'� � �O °� � �' -a''�• a�of •� X11 1111111 ..` 1 •� - S .� IIINiii_•1 •T.1i IxN '`-���-N• 111'`'� �tlllliiiiiilu� 411.1. _=�il- iS n11• . _- __ _ 1 I nnuil uuxuur•.�■ �•.•1 1 Y 1 1 1 jec"t Lit AGA —---------- -4W- --------- ------------------- ?CAI ---------- ------ wit AOO goo %006 AGO vo eta Oe\oPRent SITE PHOTOS PETITION 101-06 View of Site, Looking Northeast View of Site, Looking Northwest L View from Site, Looking South View from Site, Preserved Oak Grove EXHIBIT F1 SITE PHOTOS PETITION 101-06 z s Country Trails Elementary School Representative Housing f s' Boulevard Entry Road Bridge Enhancement Highland Woods Community Amenities EXHIBIT F2 D� WILLIAMS PARCEL (NEIGHBORHOOD 7) CONCEPT PLAN SHEET , OF 3 95 LOTS (95x135) la,D 1 (r rae, .,aaeee a,(ar A -nlr sJ 2' ,vents-larl ar. P�(L a f C) ;e11,0A lV(r.lf Y.) CONCEPT PLAN 1MIDLL aar. rare aP. (ar Y.) CLIENT APPROVAL SHEET a6DPmBDr(]D],I.) arear sa(asa Y.1 ,,I iltE RAPE:roT.C, PLNI Nav J d� L r 1.eDPODRVHR RBIDDIIABEOIY AND PaWICI \ "tialy rDND1fI lAR9 PrPmr 8Y COIDIY \ w�27 �� ArvBatm er: mli NAME DArz. %r/unuuxn).BON lrea tea(nuswe DaClDYr �t B6 100 25 _- • YINY IS lalf OP lAWdr PIJf1SN6 �M 'b 0 ' �� I .` -_ ` •�_ `' tmD Ise-Ir pu nBElnslrs)w scALE:,•_ ao' � ___ ♦ ° \ `wBUC Pn �NS�—Ann Dxamcw®. 41 U 'Lt 15 DDfaoDD•,•6rox�r PLN. \ l'. •`'�E°1 : `` 9 .Aw v. 1 .1.u'. ::. ---------'- i• '""°` "` '�;�_ ` ,I ;I:, 7 r V •� 'gym .� �� w � �>, I � ------------- _.---_ _-- __" (I)I I \• . . . . / �, � / Longo /-- _'w+�,u��eyyq `___ --- 1 •\' / PAM �' i°vo v art V. \ `/ �,i, � r _______- •\•. •� I erEDE �-� � ///im Li®t\ `14°ry'v I ',•. •.\ /'/{r��i 11w I t Y v. 5{� t e .• i��•, _ _. 1 1• •` r� �/ } nrw u. /, �t yt D �' v/)t wt �, 4lit 1� _``.._ L` Lit w so �a 0 r A 4 �•" tw vLte°D 1 tiBrit;• / ta°�sia�N yypp aunt /. {v. µ 6y sv/teK / / + LAmI 9v Ae wt v k ca°sp1rEa•`) Lot � yo�Ae wt ey I1 N, «B wt 41 N Ltd' _1 5 P BWNDM twE A ii. N' to Lol IS I �T w]Z A LM]{ al/BK wt Cwaun'vq ErpMBw.wnB SurrByw kPknr«n nr _—�� f y°iNV E uBibca6eOCBmc°n teen vMiXB...wmcm tom II 1 nRm RouNDN+r uNE xcc aoD• >m�(I Drsc w.: uesDe ntc NAVE CONCEPT PLAN NeN r N/A 1.211 'I .isa vr. 4•«as. iASro sr �,.s«u. I «�. ,i„a r. �z+••r. �i ,•ua v �vroe pMSEDN Ot-11-06/NtS PER CLIENT—UP R LASED:0]-0-06/—VIEN/ND LOGLRPI RENSED:M-2{-06/11(5 UPMTEO AREA INFO. — B 'f-ASE-—- REMED:OB-b-06/IXB NEW LOT'—ft �-.T i ♦ / -—-—- _`j 'v'v / pENSEO:os-oe 06/DLD LOB1-2 P. ARCEL / c«Mian:Br tans ca+.ra..,uA u Existing Configuration: Neighborhood Land Use Tabulation 2. 157 Total Townhomes -All rear loaded, 2 car garages and 2 tandem surface�� �• spaces space/unit AC. ;� �, • i - . Road Section SWM 60'Garage to garage setback 30'Side to side setback 20'Front setba 50'Front to front setba Typical Road Section 07 Sidewalk street Trees Parkway street Parcel I - Conceptual Site Plan Community Spine Road DECEMBER 4.2003 HIGHLAND W— .,' ate, " •, �� �+�� � � 9 • , fir• `�• 11�`"`aa ■ • • . Development ELGIN ILLINOIS Crown Community Statement of Purpose and Conformance The parcel,commonly referred to as the"Williams Parcel",is approximately 77.46 acres in size and is bordered on the north by the Chicago,Milwaukee,St Paul and Pacific Railroad,on the west by Pingree Creek, and on the south and east by our Highland Woods development. The parcel has been zoned PSFR2 and includes a site for the future Elevated Water Storage Tank (ESWT)to be constructed by the City. Since this property is immediately adjacent to, and can only be accessed through, Highland Woods due to the Railroad disconnecting it from the other HPI holdings,both Crown and Pasquinelli believe that it makes the most sense from a planning perspective for this property to be developed by Crown as a part of our Highland Woods community. A copy of our proposed land plan for the parcel is attached.The plan includes 95 single—family detached homes and approximately 47.6 acres(62%)of open space. The minimum lot size is 12,825 s.f.,the largest lot size is 27,162 s.f and the average lot size is 15,103 s.f. The minimum lot width is 95 feet and minimum lot depth is 135 feet. While these lot sizes greatly exceed the minimum lot sizes required under PSFR2 zoning,we feel that the attached plan is the best and most appropriate use for this area,particularly when taking into consideration the topography of the land and our plans for the adjacent neighborhoods within Highland Woods which have already been approved with comparable lot sizes.It should also be noted that the 29 previously approved 65 foot wide lots in the original Neighborhood J Preliminary Plat of Highland Woods have been reduced to 23 larger, 95 foot wide lots and incorporated into this plan. These 23 lots, along with the 72 lots on the Williams Parcel make up the total 95 lots in this revised Neighborhood"J". In light of the lower density proposed for the William's Parcel,our plan also includes an additional 24 town home units within the town home portion(Unit I) of our Highland Woods subdivision.This is possible in part due to relocating of a storm water management facility currently located within Unit I of Highland Woods to the lower area on the Williams Parcel. Water and sewer service stubs as well as roadway connections to our Highland Woods Subdivision have been provided to serve this site at two locations. Due to the railroad and Pingree Creek floodplain,there is no opportunity to provide additional roadway connections to the north or west. Our plan will,however,include water and sewer connection piping to the HPI- East development north of the railroad tracks. Our plan will also accommodate the City's water main connection and provides roadway access much closer to the EWST than is currently available. When both the Williams parcel and Highland Woods development as a whole are considered as one development,none of the criteria,outlined below and which are identified in Section 3B of the HPI-East annexation agreement as requiring an annexation agreement amendment, are met. • The land use of the parcels has not changed. • The overall density of the subdivision has not increased. • The percentage of open space for the development has not decreased. • We are not requesting a change in the proposed building designs or the substitution of non-comparable exterior building materials. In support of these statements,I offer the following comparison between the Preliminary Plat of Highland Woods which was approved along with our Annexation Agreement and the proposed combined plans of Highland Woods and the Williams Property. For comparison purposes,I am also attaching a copy of the original approved Preliminary Plat for all of Highland Woods as well as the current Preliminary Plat including the Williams parcel. Per Annexation Per Current Proposed A reement Combined Plan Total Acres(Highland Woods) 488.51 488.51 Total Acres(Williams) 77.46 77.46 Combined Total Acres 565.97 565.97 Total Number of Detached Units(Highland Woods) 775 761 Total Number of Town Home Units(Highland Woods) 309 333 Total Number of Potential Detached Units(Williams) 155 72 Combined Total Number of Units 1,239 1,166 Gross Density(Highland Woods) 2.22 DU/Acre 2.24 DU/Acre Gross Density(Williams) 2.00 DU/Acre 0.93 DU/Acre Combined Gross Density 2.19 DU/Acre 2.06 DU/Acre Acres of Open Space(Highland Woods) 148.23 (30%) 154.00 (32%) Acres of Open Space(Williams) 44.47 (57%) 47.60 (61%) Combined Acres of Open Space 192.70 (34%) 201.60 (36%) We are not requesting a change to the land use nor are we requesting a change to the proposed building designs or the substitution of non-comparable exterior building materials. The reduction in the total number of units on the Highland Woods proposed plan versus the approved Preliminary Plat and the subsequent increase in open space is due mainly to the addition of a 2.4 acre park that was added to Neighborhood A and a 1.3 acre park that was added to Neighborhood D. We felt both of these Neighborhoods were somewhat under served by park space in our original plans which were previously approved by the City and the decision was made to eliminate lots in each neighborhood to accommodate the two additional neighborhood park sites. Both park sites will be improved with playground equipment by Crown as specified in our Annexation Agreement. Additionally, we will install a continuation of the Highland Woods pedestrian path through the Williams parcel open space area to connect the pathway system in our Neighborhood O parcel along Pingree Creek with the pathway located in the town home parcel of Neighborhood I. Based upon the facts outlined above, we are confident that you will agree with our assessment that our attached combined plan is an improvement over the separate original plans for the parcels and substantially conforms to the Far West Plan guidelines.