HomeMy WebLinkAbout03-302 Nick's Pizza and Pub 2400 Bowes Annexation Resolution No. 03-302
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Nicks Pizza and Pub - 2400 Bowes Road)
WHEREAS, the owners of record of certain territory described
in Exhibit A, attached hereto and made a part hereof by reference,
desire annexation of said territory to the City of Elgin; and
WHEREAS, said territory is not a part of any other
municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire
to annex said territory upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with .
the City Clerk and a public hearing has been held after due notice
as required by law and all persons appearing and wishing to testify
concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate
authorities of the City of Elgin that it is in the best interests
of the City of Elgin to enter into said annexation agreement as
proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That the Mayor and City Clerk of the City of Elgin
be and are hereby authorized and directed to execute on behalf of
the City of Elgin an annexation agreement in the form attached
hereto as Exhibit A and incorporated herein by reference.
Section 2 . That this resolution shall be effective from and
after its passage as provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 5, 2003
Adopted: November 5, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
03/ 11/98
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this s-r4 day of
/v 0 V sin t3 E , 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
"City" ) , and , (hereinafter
referred to as "Owner" ) ;
WHEREAS, Owner is the owner of record of the real property
described in Exhibit " , " which is attached hereto and made a
part hereof (which real property, for convenience , is hereafter
referred to as the "Subject Property" ) and which real estate is
not within the corporate limits of any municipality but is
contiguous to the corporate limits of the City of Elgin; and
WHEREAS, Owner desires to annex the Subject Property to the City
upon terms and conditions recited in this agreement ; and
WHEREAS, Owner , after full consideration , recognizes the many
advantages and benefits resulting from the annexation of the
Subject Property to the City; and
WHEREAS, the Subject Property is not included within the
corporate limits of any municipality; and
WHEREAS, the Subject Property constitutes territory which is
contiguous to and may be annexed to the City of Elgin as provided
in Article 7 of the Illinois Municipal Code ( 65 ILCS 5/7- 1- 1 et .
seq. , 1993 ) ; and
WHEREAS, the Subject Property is located within the South Elgin
Countryside Fire Protection District, and whereas each of
the Trustees of said District was notified in writing by
certified or registered mail at least ten ( 10 ) days in advance of
any action taken with respect to the annexation of the Subject
Property, and whereas an affidavit that service of the said
notice had been provided has been filed with the County Recorder ;
and
WHEREAS, the Subject Property is located within
Elgin Township , and whereas the Township
Commissioner of Highways and each of the Trustees of said
Township were notified in writing by certified or registered mail
at least ten ( 10 ) days in advance of any action taken with
respect to the annexation of the Subject Property, and whereas an
affidavit that service of the said notice had been provided has
been filed with the County Recorder; and
WHEREAS , the Mayor and City Council of the City (Corporate
Authorities ) have duly set a date , time, and place for a public
hearing on this Annexation Agreement and have caused due notice
to be made of said public hearing through publication in the
Daily Courier News , a newspaper of general circulation in the
community , and the City has held such public hearing; and
WHEREAS , the Corporate Authorities of the City, after due and
careful consideration , have concluded that the annexation of the
Subject Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City ; and
WHEREAS , pursuant to notice as required by statute and ordinance
public hearings were held by the Planning and Development
Commission and the Zoning and Subdivision Hearing Board, as
applicable , of the City on the requested zoning of the Subject
Property.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, IT IS HEREBY AGREED AS
FOLLOWS :
ONE: This 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. , 1991) , and in the exercise of the
home rule power of the City.
TWO: The Corporate Authorities of the City, within thirty
( 30) days following the execution of the Agreement , and the
receipt of a current title report verifying owners of record of
the Subject Property by the City Clerk, and the filing of Owner ' s
Petition for Annexation in form and substance as required by law,
and dedication of any land or payment of any roadway improvement
contributions required under the City of Elgin Statement of
Policy - Development Contributions for Roadways , and the receipt
of a certified copy of the ordinance annexing the Subject
Property to the Fox River Water Reclamation District (FRWRD) ,
shall pass an ordinance annexing the Subject Property to the
City.
THREE : Immediately after passage of the ordinance annexing
the Subject Property , as provided in Paragraph Two hereof, the
Corporate Authorities of the City shall pass an ordinance
classifying the Subject Property as depicted on the attached
Zoning Plat , if any; and an ordinance granting a conditional use ,
if any ; and a resolution approving the subdivision of the
property as depicted on the attached Preliminary Plat ; if any.
Owner shall be allowed to seek final approval for portions of the
Subject Property as subdivided and shall not be required to
submit a final plat thereof as a single unit , but may submit for
approval in accordance with applicable ordinances of the City
such plats for phased development of the Subject Property as the
Owner may determine , and as the City may approve.
FOUR: Owner represents that off-site utility easements
required to serve the Subject Property are described on Exhibit
" E " . The City agrees that in the event Owner is unable to
obtain said utility easements over , under , across , or through
property not owned by the City or under the City' s control which
may be necessary or appropriate for the development of the
Subject Property at a cost and on conditions acceptable to Owner ;
the City shall use, to the full extent permitted by law, its
eminent domain power to secure such easements. Prior to
commencing any condemnation action , Owner shall submit , for City
review and approval , written documentation demonstrating that
Owner has pursued reasonable alternatives for the acquisition of
such easements , and Owner shall deposit with City the amount of
funds necessary to pursue eminent domain action. All such
actions by the City shall be at no cost to the City, which costs
shall be borne solely by the Owner . The City shall issue no
building permits until the required utility easements have been
secured and recorded .
FIVE: Owner shall comply with the Elgin Municipal Code
(E.M. C. ) Title 17 - Development Impact Fees. To the extent it
may lawfully do so, the City shall administer and apply the
provisions of Title 17 in a uniform manner .
SIX: Owner agrees that the Subject Property shall be
developed in conformance with the open space policies included in
the Far West Area Plan, an amendment to the Elgin Comprehensive
Plan, and attached hereto as Exhibit " " .
SEVEN: Owner shall cause all portions of Subject Property
depicted on a Preliminary Plat as wetlands , screening berms and
entry ponds , common open space areas , storm water retention
areas , and dry detention areas either to be retained by Owner or
to be conveyed to a Property Owners Association or associations
consisting of the owners of all property located in areas
designated by Owner ; unless said areas are to be dedicated for
public ownership and maintenance at the City' s request. A
Declaration or Declarations of Covenants , Conditions and
Restrictions requiring that the Association or associations own
and maintain areas conveyed thereto shall be submitted to City
for review and approval prior to final plat approval , said
Declaration to be filed for recording, at Owner ' s expense , with
the final plat for the applicable phase of Subject Property as
Owner may determine .
EIGHT: Except as specifically permitted pursuant to
variation or planned development approval , or paragraphs NINE and
TEN of this agreement, all aspects of the development and use of
the Subject Property and construction and installation of
improvements thereon , both on-site and off-site, shall comply
fully with all applicable .City ordinances and codes .
NINE: If during the term of this Agreement and after final
plat or planned development approval ; any existing, amended,
modified or new ordinances , codes , or regulations of general
applicability throughout the community to a land developer or
subdivider affecting the installation of land improvements
( streets , underground utilities , sidewalks , curbs , and gutters)
upon the Subject Property are amended or modified in any manner
to impose additional requirements on the installation of land •
improvements within the City , the burden of such additional
requirements shall not apply to the Subject Property. This
section shall not apply to any changes in fees imposed by the
City . City agrees that there shall be no unreasonable or
discriminatory changes in the method of calculation of fees
applicable to the Subject Property.
TEN: If, during the term of this Agreement , any existing,
amended , modified, or new ordinances , codes , or regulations
affecting- the zoning, subdivision , development, construction of
improvements , buildings, or appurtenances , or other regulatory
• ordinances regarding the public health, safety and welfare are
amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon,
properties within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of Owner , and
anything to the contrary contained herein notwithstanding, Owner
may elect to proceed with respect to the development of, or
construction upon , the Subject Property upon the less restrictive
amendment or modification applicable generally to all properties
within City.
ELEVEN: City hereby agrees to allow Owner to tie into the
existing sanitary sewer lines of the City, at Owner ' s expense,
subject to payments required under any outstanding reimbursement
ordinances , and with payment of all applicable fees . At Owner ' s
expense, City agrees to co-operate with Owner in obtaining all
necessary Illinois Environmental Protection Agency ( I . E. P .A. )
permits required for such sanitary sewer systems and tie-ins .
Owner shall bear all costs for extensions , tie-ins , and permits
consistent with applicable City ordinances . Owner shall be
responsible for the extension of sewer lines to the far edges of
the Subject Property subject to review and approval by the City
Engineer. Owner shall install sewer line extension improvements
on the Subject Property in compliance with Final Engineering Plan
approved by the City Engineer for each phase of the development .
TWELVE: City hereby agrees to allow Owner to tie into the
existing water lines of the City, at Owner ' s expense , subject to
payments required under any outstanding reimbursement ordinances ,
and with the payment of applicable fees . At Owner ' s expense,
City agrees to cooperate with Owner in obtaining all necessary
Illinois Environmental Protection Agency ( I . E. P .A. ) permits
required for such water main extensions and tie-ins . Owner shall
bear all costs for extensions , tie-ins , and permits consistent
with applicable City ordinances . Owner shall be responsible for
the extension of water mains to the far edges of the Subject
Property subject to review and approval by the City Engineer .
Owner shall install water line extension improvements on the
Subject Property in compliance with Final Engineering Plan
approved by the City Engineer for each phase of the development .
THIRTEEN: Upon review and recommendation by the City
Engineer, the City Council shall accept all public rights-of-way
and improvements located thereon, sanitary sewers , storm drainage
sewers, and water mains lying within public rights-of-way or
public easements on the Subject Property. Any improvements
located in private rights-of-way shall be installed in easements
dedicated for and acceptable to the City. The sewer and water
service lines ( from the buffalo box to the residential or
commercial unit , as the case may be) shall not be owned or
maintained by the City. Owner shall replace or repair damage to
public improvements installed within, under or upon the Subject
Property resulting from construction activities by Owner and its
employees , agents , contractors , and subcontractors prior to final
acceptance by the City, but shall not be deemed hereby to have
released any such other party from liability or obligations in
this regard. Acceptance of public improvements by the City shall
be consistent with applicable City ordinances.
FOURTEEN: Owner shall comply with the City of Elgin
Statement of Policy - Development Contributions for Roadway
attached as Exhibit " " prior to the approval of an ordinance
annexing the Subject Property.
FIFTEEN: Owner of property to be annexed and zoned in a
residential classification shall construct, or cause to be
constructed, principal residential structures in substantial
conformance with the building elevations attached as Exhibit
" . Substantial conformance shall include, but not be
limited to , general architectural style and building materials.
SIXTEEN: This Agreement shall be enforceable in any court
of competent jurisdiction by any of the parties or by an
appropriate action at law or in equity to secure the performance
of the covenants herein contained. Notwithstanding the forgoing ,
no action shall be commenced by the Owner against the City for
monetary damages .
SEVENTEEN: This Annexation Agreement shall be in effect for
a period of 10 years from the date of execution hereof and
shall be binding upon and inure to the benefit of the parties
hereto, and their heirs , successors and assigns of all or any
part of the Subject Property .
EIGHTEEN: Owner shall be responsible for costs associated
with filing and recording of the plat of annexation and any plat
or plats of subdivision or planned development for the Subject
Property .
NINETEEN: If any provision of this Agreement is held
invalid by a court of competent jurisdiction or in the event such
a court shall determine that the City does not have the power to
perform any such provisions , such provisions shall be deemed to
be excised herefrom and the invalidity thereof shall not affect
any of the other provisions contained herein. Such judgement or
decree shall relieve the City from performance under such invalid
provision of this Agreement .
TWENTY: This Agreement can be amended, in writing, at any
time, by the mutual consent of all parties to this Agreement, in
the manner provided by law.
See Paragraph TWENTY-ONE below
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 .
Attest : CITY OF ELGIN, ILLINOIS
City Clerk Mayor
Attest :
Secretary President
TWENTY-ONE: The Rider dated , 2003, attached hereto and the
terms and provisions set forth therein are hereby made a part of and incorporated
into this Agreement.
RIDER TO ANNEXATION AGREEMENT BETWEEN THE CITY OF ELGIN.
EDWIN L. MINARD AND JOLYNNE CLEVELAND,
AND DNA ENTERPRISES, L.L.C.
This Rider is attached to, and incorporated within, an Annexation Agreement dated
/V 0 V' S, 2003, by and between the 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"), EDWIN L. MINARD AND JOLYNNE CLEVELAND (hereinafter referred
to as the "Owner") and DNA ENTERPRISES, L.L.C., an Illinois limited liability company
(hereinafter referred to as "Developer" and "Owner" to the extent it acquires title to the
Subject Property) To the extent there exists or may exist any conflict between the terms and
provisions of this Rider and the terms and provisions of the preceding form Annexation
Agreement, the terms and provisions of this Rider shall be deemed to be controlling and shall
supercede any such conflicting terms and provisions of said form agreement.
I. The heading and introductory paragraph of the Agreement are hereby
deleted in their entirety and the following are inserted in lieu thereof:
"ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this S'TKday of /V a V. , 2003, 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 "City"), EDWIN L.
MINARD AND JOLYNNE CLEVELAND (hereinafter referred to as the "Owner") and
DNA ENTERPRISES, L.L.C., an Illinois limited liability company (hereinafter referred to as
"Developer"), which shall be deemed an Owner to the extent it acquires title to the Subject
Property;"
II. The following is hereby added following the first "Whereas Clause" of the
Agreement:
"WHEREAS, Developer is the contract purchaser of the Subject Property; and"
M. The second "Whereas Clause" of the Agreement is hereby deleted in its
entirety and the following is inserted in lieu thereof:
"WHEREAS, Owner and Developer desire to annex the Subject Property to the City
upon terms and conditions recited in this Agreement; and"
IV. The third "Whereas Clause" of the Agreement is hereby deleted in its
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entirety and the following is inserted in lieu thereof:
"WHEREAS, Owner and Developer, after full consideration, recognize the many
advantages and benefits resulting from the annexation of the Subject Property to the City,
and"
V. The eighth "Whereas Clause" of the Agreement is hereby deleted in its
entirety and the following is inserted in lieu thereof:
"WHEREAS, the Mayor and City Council of the City ("Corporate Authorities")
have duly set a date, time, and place for a public hearing on this Annexation Agreement and
have caused due notice to be made of said public hearing through publication in the
Daily Courier News, a newspaper of general circulation in the community, and the City has
held such public hearing; and"
VI. Paragraph TWO of the Agreement is hereby deleted in its entirety and the
following is inserted in lieu thereof:
"TWO: The Corporate Authorities, within thirty (30) days following (a) the execution
of this Agreement, (b) the receipt of a current title report verifying owners of record of the
Subject Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form
and substance as required by law, (d) the receipt by the City of a certified copy of the
ordinance annexing the Subject Property to, or the presentation to the City of written evidence
acceptable to the City from the Fox River Water Reclamation District ("FRWRD") wherein
FRWRD agrees that the City can proceed with the annexation of the Subject Property to the
City prior to FRWRD finalizing the annexation of the Subject Property to FRWRD, and (e)
the receipt by the City of a written notice from Developer of the completion of its acquisition
of the Subject Property, which shall be given within thirty (30) days after the closing of such
acquisition, shall pass an ordinance annexing the Subject Property to the City.
Notwithstanding anything to the contrary in this Agreement, the Subject Property shall be
annexed to FRWRD prior to the issuance of an occupancy permit for any structure on the
Subject Property. The Annexation Plat for the subject ordinance shall be in the form of
Exhibit "B" attached hereto and incorporated herein by this reference "
VII. Paragraph THREE of the Agreement is hereby deleted in its entirety and
the following is inserted in lieu thereof:
"THREE: A. Immediately after passage of the ordinance annexing the Subject
Property, as provided in Paragraph TWO hereof, the Corporate Authorities shall pass or adopt
an ordinance classifying the Subject Property as PAB Planned Area Business District in the
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form attached hereto as Exhibit "C".
B. The Subject Property and the project contemplated herein shall be developed in
accordance with (i) the Preliminary Site Plan attached hereto as Exhibit "D-1", (ii) the
Landscape Plan attached hereto as Exhibit "D-2", (iii) the Signage Plan attached hereto as
Exhibit "D-3", (iv) the Lighting Plan attached hereto as Exhibit "D-4", October 23, 2003
and (v) the Power Point Booklet dated October 17, 2003, attached hereto as Exhibit "D-5",
which shall hereinafter be referred to in the aggregate as the "Concept Plan" and which are
hereby incorporated herein by these references Engineering for the Subject Property and the
project contemplated herein shall be in general accordance with the preliminary engineering
plans prepared by Western Engineering, P.C., of St. Charles, Illinois, which are included in
the Preliminary Site Plan attached hereto as Exhibit "D-2" attached hereto and incorporated
herein by this reference. Under no circumstances shall the City deny approval of building
plans which otherwise comply with City ordinances, other applicable rules and regulations,
and the provisions of this Agreement if such plans are in compliance with the Concept Plan
and the Preliminary Engineering Plans. The City, Owner, and Developer agree to make
reasonable modifications to the applicable documentation to solve engineering, layout, and/or
design problems not reasonably foreseeable at the time of execution of this Agreement,
provided that such changes are in general conformance with the Concept Plan and Preliminary
Engineering Plans. The parties agree that any modifications to the project contemplated in the
Concept Plan which are deemed minor by the City's Development Administrator may be
approved by the City's Development Administrator without public hearings and without form
formal amendment to this Agreement
C. Developer shall be responsible for the construction and installation of those on-site
public improvements and utilities, consisting of storm sewers, sanitary sewers, water mains,
and appurtenant structures as are needed to adequately service the Subject Property in
accordance with applicable City ordinances and requirements and as are depicted on the
Preliminary Engineering Plans.
D. It is expressly understood and agreed that this Agreement, in its entirety, together
with the Petition for Annexation filed in connection herewith, shall be null, void, and of no
force and effect unless the Subject Property is acquired by Developer by December 31, 2004.
As a part of annexation of the Subject Property, the City shall annex all adjacent roads which
are not within the corporate limits of any municipality to the far side thereof, including
Bowes Road, if applicable.
VIII. Paragraph FIVE of the Agreement is hereby deleted in its entirety and
the following is inserted in lieu thereof
" FIVE: Attached hereto as Exhibit "F" is a chart entitled "City of Elgin Impact
Fees Worksheet," which the City acknowledges and agrees contains a complete summary of
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all Development Impact Fees imposed by the City against the Subject Property in accordance
with Title 17 of the Elgin Municipal Code in effect on the date of this Agreement."
IX. Paragraph SIX of the Agreement is hereby deleted in its entirety.
X. Paragraph EIGHT of the Agreement is hereby deleted in its entirety and the
following is inserted in lieu thereof
"EIGHT• Except as specifically permitted pursuant to variation or planned
development approval as set forth in the Concept Plan, or in Paragraphs NINE and TEN of
this Agreement, all aspects of the development and use of the Subject Property and
construction and installation of improvements thereon, both on-site and off-site, shall comply
fully with all applicable City ordinances and codes "
XI. Paragraph NINE of the Agreement is hereby deleted in its entirety and the
following is inserted in lieu thereof
"NINE: A If during the term of this Agreement any existing, amended, modified, or
new ordinances, codes, or regulations of general applicability throughout the community to a
land developer or subdivider affecting the installation of land improvements (streets,
underground utilities, sidewalks, curbs, and gutters) upon the Subject Property are amended or
modified in any manner to impose additional requirements on the installation of land
improvements within the City, the burden of such additional requirements shall not apply to
the Subject Property. This section shall not apply to any changes in fees imposed by the City.
The Developer may prepay any or all of the applicable City fees with respect to the project
contemplated in Exhibit "D-1" prior to the time any increases in fees go into effect.
B The improvements to Bowes Road, as set forth as a part of the Preliminary
Engineering Plans, shall be limited to improvements that maintain Bowes Road as a rural
cross-section. For all purposes of this Paragraph NINE B., the term "rural cross-section" shall
be deemed to refer to a dedicated roadway which includes street lights but does not include
curbs and gutters."
XII. Paragraph FOURTEEN of the Agreement is hereby deleted in its entirety.
XIII. Paragraph FIFTEEN of the Agreement is hereby deleted in its entirety.
XIV. The following is hereby inserted at the end of Paragraph SEVENTEEN
of the Agreement.
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"To the extent permitted by law, it is agreed that in the event the annexation of the
Subject Property or the terms of this Agreement are challenged in any court proceedings, the
period of time during which such litigation is pending shall not be included in calculating said
ten (10) year term or any other time period provided for in this Agreement. In the event this
Agreement is not extended by mutual consent prior to the expiration of such ten (10) year
term then, in that event (a) this Agreement shall be of no further force or effect, (b) the
zoning classification granted the Subject Property pursuant to Paragraph THREE hereof shall
remain in full force and effect unless and until amended by ordinance adopted by the City
pursuant to standard rezoning procedures then in effect, and (c) the development of the
remainder of the Subject Property shall proceed in accordance with all applicable ordinances
then and thereafter in effect in the City of Elgin. The provisions of this Paragraph
SEVENTEEN shall survive the expiration of this Agreement."
XV. The following paragraphs are hereby inserted in the Agreement as
Paragraphs TWENTY-TWO through FIFTY-ONE:
"TWENTY-TWO: Off-Site Water Supply Service A. The City represents that (i)
there currently exists a fully functionally potable water supply system sufficient to serve the
project contemplated in Exhibit "D-1" and (ii) an existing municipal water main ("Existing
Water Main") is located near the southwest corner of the Subject Property, as shown on the
plans attached hereto as Exhibit "G".
B. If the Existing Water Main has not been extended by other developers to the
boundary of the Subject Property, the City shall permit Developer to extend the Existing
Water Main, at Owner's expense, to serve the Subject Property. Once completed, Developer
shall dedicate pursuant to City ordinances and procedures the extension of the Existing Water
Main installed by Developer to the City, which shall accept said dedication and thereafter
maintain same as the City's property.
C. It is agreed by the City and Developer that one-half(1/2) of the cost of any
extension of the Existing Water Main (the "Recapture Water Main Cost") shall be subject
to recapture by Developer in accordance with the following provisions of this Subparagraph
TWENTY-TWO C. The Recapture Water Main Costs shall include the actual cost
attributable to the design, engineering, construction, and interest actually expended for
financing such costs. Within ninety (90) days of the completion of each of any extension of
the Existing Water Main and the acceptance thereof by the City, the City shall adopt a water
main reimbursement ordinance which shall provide for reimbursement to Developer from the
owner/developer of the adjoining properties of the Recapture Water Main Cost. For purposes
of this Subparagraph TWENTY-TWO C., the term "adjoining properties" shall be deemed
to refer to the parcel or parcels on the south side of Bowes Road adjacent to the extension of
the Existing Water Main installed by Developer. The recapture ordinance or ordinances shall,
at Developer's expense, be recorded by the City with the Kane County Recorder Water main
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reimbursements to be collected pursuant to such ordinance or ordinances shall be collected by
the Developer according to the same procedures utilized for the collection of private
interceptor sanitary reimbursements as set forth in Chapter 22.06 of the E.M.C., as amended.
Developer shall, not later than the time it gives the notice of completion and request for
acceptance of the extension of the Existing Water Main, submit to the City documentation of
the actual cost of construction thereof for review and approval by the City and for the City's
use in preparation of the applicable recapture ordinance. The adoption of each such recapture
ordinance shall be the sole responsibility of the City with respect to the collection or payment
of any recapture fee, and the City shall have no other or further obligation with respect to the
collection or payment of any recapture fee
D. The payment of water tap-on fees for the project contemplated in Exhibit "D-1"
shall be at the time of issuance of building permits. From and after the annexation of the
Subject Property to the City and the payment of all applicable fees and compliance with
applicable ordinance requirements, the City shall provide water service to the Subject Property
on a basis comparable to and not less favorable than other similarly zoned commercial
properties in the City.
TWENTY-THREE: On-Site Plans: Utilities and Stormwater Management: Roads.
The City and Developer agree that all roads within the project contemplated Exhibit "D-1"
shall be privately owned and maintained by a Developer and its successors in title with
respect to the Subject Property. The City agrees to allow the Owner to construct and extend
within the boundaries of the Subject Property, at the Owner s expense, the utilities of sanitary
sewer, storm sewer, and water and to provide for on-site stormwater retention/ detention, all
in general accordance with the Preliminary Engineering Plans.
TWENTY-FOUR: Remedies. Notwithstanding anything to the contrary contained in
Paragraph SIXTEEN of this Agreement, it is agreed that the parties hereto shall have the
following rights and remedies in the event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement, at law or in equity, by suit,
action, mandamus, or any other proceeding, including specific performance;
(b) maintain an action to recover any sums which the other party has agreed to pay
pursuant to this Agreement and which have become due and remain unpaid for more than
fifteen (15) days following written notice of such delinquency.
It is expressly acknowledged and agreed that except as provided in paragraph TWENTY-
FOUR (b) above, neither party shall have the right to seek or recover a judgment for
monetary damages against the other or their respective officers, directors, employees, agents,
or elected public officials.
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TWENTY-FIVE: No Merger The provisions contained herein shall survive the
annexation of the Subject Property and shall not be merged or expunged by the annexation of
the Subject Property or any part thereof to the City. This Agreement shall be construed under
the laws of the State of Illinois. The parties agree that venue shall be proper only in the
Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois.
TWENTY-SIX. Notices Notices or other writings which any party is required or
may wish to serve upon any other party in connection with this Agreement shall be in writing
and shall be delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, or by nationally recognized overnight courier, prepaid, addressed
as follows:
If to the City or City of Elgin
the Corporate 150 Dexter Court
Authorities Elgin, IL 60120
Att n City Clerk
with a copy to- City of Elgin
150 Dexter Court
Elgin, IL 60120
Att n: Corporation Counsel
If to Developer DNA Enterprises, L.L.0
856 Pyott Road
Crystal Lake, IL 60014 '
with a copy to: Richard L. Heimberg, Esq.
Brady & Jensen
2425 Royal Boulevard
Elgin, IL 60123
Notices shall be deemed received on the fifth (5th) business day following deposit in
the U S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal if personally
delivered
TWENTY-SEVEN Time of the Essence. It is agreed that time is of the essence of
this Agreement and each and every term and condition hereof and that the parties shall make
every reasonable effort to expedite the matters included herein.
C vny files\zonmg'sanllo2 rdr
7
TWENTY-EIGHT: Cooperation and Good Faith The City and Owner agree to take
all steps necessary or appropriate to carry out the terms of this Agreement and to aid and
assist the other party, including enactment of such resolutions and ordinances and the taking
of such other actions as may be necessary or desirable to enable the parties to comply with
and give effect to the terms of this Agreement It is further understood and agreed that the
successful consummation of this Agreement and the development of the Subject Property is in
the best interests of all the parties and requires their continued cooperation. The City, Owner,
and Developer shall do all things necessary or appropriate to carry out the terms and
provisions of this Agreement and to aid and assist each other in carrying out the terms and
objectives of this Agreement and the intentions of the parties as reflected by said terms,
including, without limitation, the giving of such notices, the holding of such public hearings,
the enactment by the City of such resolutions and ordinances, and the taking of such other
actions as may be necessary to enable the parties' compliance with the terms and provisions of
this Agreement and the intentions of the parties as reflected by said terms. The City, Owner,
and Developer shall act in good faith, reasonably and promptly, with respect to all consents,
approvals, and actions required or requested of it or taken by it hereunder or in connection
with the development of the Subject Property. Whenever any approval, discretion, or consent
of the City or of any of its departments, officials, or employees is called for under this
Agreement, the same shall not be unreasonably withheld, delayed, conditioned, or exercised.
TWENTY-NINE: Miscellaneous. This Agreement shall inure to the benefit of, and
be binding upon, the parties hereto, the successors in title of the Owner and their respective
successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City
and successor municipalities, provided, however, any provision of this Agreement to the
contrary notwithstanding, that in the event and to the extent that Owner, or its successors or
assigns, shall designate or contract with a developer to perform Owner's obligations hereunder,
then in that event, the new designee or obligee shall be subject to the liabilities, commitments,
and obligations of this Agreement and Owner shall thereupon be released from such assumed
obligations. It is understood that this Agreement shall run with the land and, as such, shall be
assignable to and binding upon subsequent grantees, lessees, and successors in interest of
Owner, and, as such, this Agreement and all exhibits hereto shall be recorded with the
Recorder of Kane County, lllinois.
THIRTY. Sale of Subject Property. Except as otherwise provided in this Agreement,
it is understood and agreed by the parties hereto that, in the event all or any portion of the
Subject Property is sold or conveyed at any time during the term of this Agreement, all of the
obligations and responsibilities of the Owner deriving from this Agreement for the parcel sold
or otherwise conveyed shall devolve upon and be assumed by such purchaser or grantee, and
the Owner as herein defined shall be released from all obligations of the Owner which relate
to the sold portion of the Subject Property upon same being sold or conveyed.
C\myfiles\zonmg\sarillo2 rdr
8
THIRTY-ONE: Joint Preparation. This Agreement is and shall be deemed and
construed to be the joint and collective work product of the City and Owner and, as such, this
Agreement shall not be construed against either party, as the otherwise purported drafter of
same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,
vagueness, or conflict in terms or provisions, if any, contained herein.
THIRTY-TWO. Payment of Fire Protection District Disconnection Fee. Developer
shall pay (or reimburse the City for the payment of) the disconnection fee, if any, payable to
the South Elgin and Countryside Fire Protection District under the provisions of 70 ILCS
705/20 (e). At the time of annexation Developer shall deposit with the City the amount of
such disconnection fee; provided, however, that if such disconnection fee cannot be
determined with precision, then Developer shall deposit with the City the estimated amount of
such disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the
final tax bill upon which such calculation must, according to the statute, be based, the City
and Developer shall equitably re-adjust the amount of such payment.
THIRTY-THREE: Counterparts. This Agreement may be executed in any number of
counterparts and triplicate originals, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument.
THIRTY-FOUR: Amendment. This Agreement may be amended from time to time
in the manner provided by law by written document executed by the City and Owner, or their
respective successors or assigns, following all other procedures required by law. In
furtherance of the foregoing, a power is hereby granted to Richard L. Heimbera and his
successors and assigns, as attorney-in-fact, to execute, on behalf of any and all record title
holders other than owner of any portion of the Subject Property from time to time after the
date hereof, such amendments to this Agreement shall be agreed to from time to time by and
between City and Owner, regardless of the number or subject matter of such amendments.
Unless specifically provided to the contrary in a deed, mortgage, or other instrument of
conveyance, each deed, mortgage, or other instrument with respect to any portion of the
Subject Property, and the acceptance thereof, shall be deemed a grant and acknowledgment of,
and consent to, such power to said attorney-in-fact and shall be deemed to reserve to him the
power to execute such amendments to this Agreement as hereinabove set forth.
Anything herein contained to the contrary notwithstanding, the power herein granted to said
attorney-in-fact may be revoked or amended in a written declaration of revocation or in a
written declaration of amendment, specifically referring to the power herein granted, signed
by all of the record title holders of all portions of the Subject Property from time to time,
other than Owner.
C\nci les\zonmg sanllo2 rdr
9
THIRTY-FIVE: Timing Delays. Wherever a time period exists in this Agreement
within which a party is obligated to perform an act, such time period shall be deemed
automatically extended for the period of unavoidable delay if the party is unable, through no
fault of its own, to perform such act in a timely manner as a result of war, act of God,
insurrection, labor unrest, or material shortages. The inability to pay debts as they become
due shall not excuse timely performance hereunder.
THIRTY-SIX: Fee Increases. The City agrees that there shall be no unreasonable or
discriminatory increases or changes in the method of calculation of development fees
compared to similar fees and charges imposed by the City of general applicability throughout
the so-called Far West Area of the City which are in effect as of the date hereof.
THIRTY-SEVEN: Compliance with Laws and Regulations. Except as otherwise
specifically provided herein, all public improvements pertaining to the development of the
Subject Property shall be constructed in accordance with the applicable ordinances of the City
and other governmental agencies having jurisdiction over the Subject Property and pursuant to
the terms of this Agreement.
THIRTY-EIGHT: City Consent. Whenever consent or approval of the City is
required in order for Owner to accomplish the purpose and intent hereof, such consent shall
not be unreasonably withheld, conditioned, or unduly delayed. If such consent or approval is
denied, such denial shall be in writing and shall specify the reason or reasons for such denial.
THIRTY-NINE: Stop Orders. Except as may be required pursuant to the Kane
County stormwater management ordinance, the City shall issue no stop orders directing work
stoppages on buildings or parts of the Subject Property without setting forth the alleged
violations in writing, and Owner shall forthwith proceed to correct such violations as may
exist; provided, however, that the City shall give notice to Owner of its intention to issue stop
orders in advance of the actual issuance of such stop orders, except in the event an emergency
is deemed to exist by the City.
FORTY: Building Permits/ Foundation Permits. The City agrees to issue, within a
reasonable time after initial submission, review, and approval of building construction plans,
and the payment of required building permit fees and all other required applicable fees, all
necessary building and other permits for the construction of any and all improvements on the
Subject Property or issue a letter of denial within said period of time informing Owner and
the applicant as to wherein the application does not conform to the stated section of the Code.
The City agrees that building permits issued for winter installation of basements/slabs shall
C'myfiles\zoning\sarallo2 rdr
10
not require immediate construction of structural components for such building The issuance
of a building permit, in and of itself, shall not be construed as a guarantee that a Certificate of
Occupancy shall be issued, it being the intention of the parties that the issuance of a
Certificate of Occupancy shall be subject to the provisions of Paragraph FORTY-ONE hereof
FORTY-ONE: Occupancy Permits. A. The City agrees to issue Certificates of
Occupancy within a reasonable time (which, in any event, shall not exceed ten (10) business
days) after application or to issue a letter of denial within said period of time informing
Owner and the individual or entity to whom the building permit was issued specifically as to
those corrections necessary as a condition to the issuance of a Certificate of Occupancy and
quoting the section of the Code relied upon by the City in its request for correction.
B The City shall make reasonable allowances for the completion of improvements
which cannot be completed due to adverse weather conditions. Specifically, the City shall
issue conditional or temporary Certificates of Occupancy when adverse weather conditions do
not permit- outside painting, landscaping, driveway, sidewalk, or servicewalk construction; or
final grading, provided the Developer executes and delivers to the City the City's standard
"hold harmless" agreement whereby Developer waives any claims it may have against the City
by reason of the failure of the Developer to complete any such unfinished item. The City
warrants and agrees that Certificates of Occupancy (temporary or permanent, as the case may
be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with
all applicable building codes and other zoning ordinance requirements, and (c) receipt and
approval by the City of a performance bond (or a suitable alternative such as an irrevocable
letter of credit or a cash deposit) covering one hundred twenty-five percent (125%) of the cost
of any incomplete site work
FORTY-TWO- Public Services. Except as otherwise provided by law, including, but
not limited to, the provisions of 70 ILCS 705/20(b), from and after the annexation of the
Subject Property to the City, the City shall from time to time provide, on a basis comparable
to and not less favorable than that applicable to other areas of the City bearing similar
characteristics to the Subject Property, all services for the Subject Property and the occupants
and properties located therein, of the same kind, character, and quality including, without
limitation, fire protection and police protection, which are at any such time provided for other
areas of the City. It is agreed and understood that the services referred to in this paragraph
that the City will be providing are general services only and that no special duties or
obligations are intended nor shall be deemed or construed to be created by this Agreement. It
is further agreed and understood that this Agreement is not intended nor shall be construed to
alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or its
employees pursuant to the Local Governmental and Governmental Employees Tort Immunity
Act at 745 ILCS 10/1-101, et seq., as amended, it being agreed that all of the civil
immunities as set forth in such Act, as amended, shall fully apply to any claims asserted or
C'mpfiies zonmg'sanlio:rdr
11
which might be asserted against the City and/or its employees as a result of this Agreement or
any of the actions of the parties pursuant to this Agreement. Without limiting the foregoing, it
is further agreed and understood that the City and/or its employees as a result of this
Agreement or any of the actions of the parties pursuant to this Agreement shall not be liable
to any party to this Agreement or to any other person or entity for failure to provided
adequate police protection or service, failure to prevent the commissions of crime, failure to
detect or solve crimes, failure to identify or apprehend criminals, failure to provide fire
protection, rescue, or emergency service, failure to suppress or contain a fire, or failure to
provide or maintain sufficient personnel, equipment, or other fire protection facilities.
Notwithstanding anything to the contrary in this paragraph or in this Agreement, it is agreed
and understood that no action may be commenced by any person or entity against the City or
its officials, officers, employees, or other related persons or entities for monetary damages for
any alleged breach of the provisins of this paragraph or other provisions of this Agrement
FORTY-THREE: Controlling Law This Agreement is adopted pursuant to the
provisions of the Illinois Municipal Code, provided, however, that any limitations in the
lllinois Municipal Code in conflict with the provisions of this Agreement shall not be
applicable, and as to all such provisions the City hereby exercises its powers pursuant to the
provisions of Article VII, Section 6 of the Constitution of the State of Illinois
Simultaneously with the annexation of the Subject Property and without further public
hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may
be necessary to effectuate the use of its home rule powers. City recognizes and agrees that
the entry into this Agreement, the annexation of the Subject Property to the City, and the
zoning of the Subject Property as set forth in Paragraph THREE hereof, are upon the express
reliance by Owner that the terms and provisions of this Agreement shall be valid for the term
set forth in Paragraph SEVENTEEN hereof and that the City shall take no action which shall
in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement.
FORTY-FOUR: Procedures Followed. The parties hereto agree that there has been
taken all action required by law, including the holding of such hearings as may be required, to
bring about the amendments to the Zoning Ordinance of the City and other related ordinance
amendments as may be necessary or proper in order to zone and classify the Subject Property
so as to enable the same to be used and developed as contemplated herein and to enable the
parties to execute this Agreement and fully carry out the covenants, agreements, duties, and
obligations created and imposed by the terms and conditions hereof.
FORTY-FIVE: Individual Owner Exculpation The City specifically acknowledges
that each Owner is executing this Agreement solely for the reason that they are the owners of
record of the Subject Property and may continue to be owners of record of portions of the
Subject Property during the term of this Agreement, even though Developer or another party
C\myfikslzonuiglsango2 rdr
12
may acquire a portion of the Subject Property and may develop such portion. The City
further acknowledges that each Owner, (other than Developer) is not, and does not intend to
become, a developer of the Subject Property although such Owner may from time to time
execute various documents, such as subdivision plats, applications for utility permits, and the
like in order to comply with rules and regulations applicable to the development of the
Subject Property as well as the provisions of contracts with other parties. In light of the
foregoing, the City agrees that no Owner (other than Developer) shall be responsible for the
performance of any of the provisions of this Agreement. In the event an Owner of the
Subject Property assigns its rights under this Agreement and such assignee in whole or in part
defaults in the performance of this Agreement or any provision hereof, the City shall look
solely to such developer of all or a portion of the Subject Property, or its successors or
assigns who are developers, as the case may be, for such performance or for compensation for
damages due to the failure of such performance as it related to the portion of the Subject
Property being developed.
FORTY-SIX: Interpretation of "Owner". The City acknowledges and agrees that, in
the interpretation and implementation of this Agreement, the term "Owner" as used herein
shall be deemed to apply only with respect to a particular portion of the Subject Property as
to which an individual or entity is the record title holder or beneficial owner and specifically
and expressly agrees that no liability or responsibility under any provision of this Agreement
shall be attributed to an individual or entity with respect to a portion of the Subject Property
as to which such individual or entity has no legal or beneficial interest.
FORTY-SEVEN: Temporary Access. The City shall provide reasonable cooperation
in making temporary access available to the Subject Property for traffic used in the
development and construction of public improvements and buildings on the Subject Property,
including the issuance of temporary curb cuts from roads within the jurisdiction of the City
and the issuance or permits for haul roads and construction roads, as well as assisting in the
obtaining of temporary curb cuts from roads within the jurisdiction of other governmental
bodies or agencies.
FORTY-EIGHT: Disconnection. Neither the Owner, Developer, nor any of the
Owner's or Developer's successors in interest shall file, cause to be filed, or take any action
that would result in the disconnection or deannexation of the Subject Property from the City
of Elgin during the term of this Agreement.
FORTY-NINE: Rezoning Procedures. It is agreed that in the event the Owner or the
Developer, or any of the Owner's or Developer's successors in interest, proposes to rezone the
Subject Property after the passage of the PAB Planned Area Business District zoning
C Vnyfiles\zonin0anllo2 rdr
13
ordinance referred to in Paragraph THREE of this Agreement, or in the event the Owner,
Developer, or any of the Owner's or Developer's successors in interest otherwise proposes to
amend such referenced zoning ordinances, that any such proposed rezoning or amendment to
such zoning ordinances shall require the prior amendment of this Agreement upon terms and
conditions which are acceptable to the City, in the City's sole discretion and any petition for
any such amendment shall require only the signature(s) of the Owner or Developer of the
portions(s) of the Subject Property covered by such amendment.
FIFTY: Special Service Area. After the annexation of the Subject Property to the
City, it is agreed that the City shall create and establish a Special Service Area for the Subject
Property pursuant to 35 ILCS 200/27-5, el seq., as amended, to provide the City with the
resource of revenue for maintaining, repairing, reconstructing, or replacing the storm water
drainage system, detention and retention areas, special management areas, or other
improvements located on the common area of the Subject Property should the homeowners
association owning the land on which such facilities or improvements are located fail to
perform maintenance, repair, reconstruction, or replacement in accordance with City
ordinances or other applicable requirements of law. The Owner, Developer, and any of the
Owner's or Developer's successors in interest with respect to the Subject Property agree to and
do hereby waive any and all protests, objections, and/or rights to petition for disconnection
regarding such special Service Area for the Subject Property. The provisions of this
paragraph are intended to create a revenue source to the City for the referenced maintenance,
repairs, reconstruction, or replacement and are not intended, and shall not be construed, to
create an obligation of the City to provide for such maintenance, repairs, reconstruction, or
replacement.
FIFTY-ONE: Economic Development Grant. Within a reasonable time after issuance
by the City of a Certificate of Occupancy for the building contemplated to be constructed by
Developer on the Subject Property, the City shall pay Developer the amount of Five Thousand
Dollars ($5,000.00) as and for an economic development incentive.
XVI. The closing paragraph and signature blocks set forth is the Agreement
are hereby deleted in their entirety and the following are inserted in lieu thereof:
SIGNATURES ON PAGE 15
C 1my61es\zonmglsanllo2 rdr
14
"IN WITNESS WHEREOF, The 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.
Attest CITY OF ELGIN, ILLINOIS
9/414..,40—
City Clerk Mayor
/41,L-L. •
Edwin L. Minar
J nne Cleveland
DNA ENTERPRISES, L.L.C.
Member
C.\myfiles\zonmg\sanllo2 rdr
15
TABLE OF EXHIBITS
Exhibit Description
A Legal Description of the Subject Property
B Annexation Plat
C PAB Ordinance
D-1 Preliminary Sity Plan
D-2 Landscape Plan
D-3 Signage Plan
D-4 Lighting Plan
D-5 Power Point Booklet
E Description of off-site utility easements
F City of Elgin Impact Fees Worksheet
G Municipal Water Plans
C:unyfiles\zoning\sardlo exl
Project No. 903.002
July 23, 2003
That part of the West Half of the Northwest Quarter of Section 28, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: Commencing at the
Southeast corner of the West Half of said Northwest Quarter;thence westerly along the
South line of the West Half of said Northwest Quarter,412.50 feet; thence northerly
parallel with the East line of the West Half of said Northwest Quarter, 317.47 feet for the
point of beginning; thence Easterly along a line forming an angle of 90°41'to the right
with the prolongation of the last described course, 412.53 feet to the East line of the West
Half of said Northwest Quarter; thence northerly along said East line, 210.36 feet; thence
westerly parallel with the penultimate described course 412.53 feet to the west line of the
east 412.50 feet of the West Half of the Northwest Quarter; thence southerly along said
west line, 210.36 feet to the point of beginning(excepting therefrom that part thereof
lying easterly of the westerly line of Randall Road).
and also;
that part of the West Half of the Northwest Quarter of Section 28, Township 41 North,
Range 8 East of the Third Principal Meridian described as follows: Beginning at the
Southeast corner of the West Half of said Northwest Quarter;thence westerly along the
South line of the West Half of said Northwest Quarter 412.50 feet; thence northerly
parallel with the East line of the West Half of said Northwest Quarter 317.47 feet; thence
easterly along a line forming an angle of 90°41'to the right with the prolongation of the
last described course, a distance of 412.53 feet to the East line of the West Half of said
Northwest Quarter; thence southerly along said East line 310.06 feet to the point of
beginning together with that part of Bowes Road lying northerly of the southerly right of
way line of said Road from the southerly extension of the westerly line of the easterly
412.50 feet of said West Half to the westerly right of way line of Randall Road(excepting
therefrom that part thereof lying easterly of the westerly line of Randall Road), all in
Elgin Township,Kane County, Illinois and collectively containing 3.921 acres as shown
by the plat hereon drawn which is a correct representation of said location. All distances
are given in feet and decimal parts thereof.
EXHIBIT_IL.
_
Map of Territory Annexed to
The City of Elgin, Kane County, Illinois N
i Graphic Scale
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of subject annexation
1 ! +1 J / Indcotes existeg City of
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habb/s strucretry its on the
` ��� `,, p,aperfy annexed hereby
r s There ere not any darters that reside
m ^ V on the property annexed hereby.
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Returnand Ma& to.
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Western Engineering, PC. �
f One West Illinois Street
Suite 230
St Charles, IL 60174
I Marl Subsequent Tax Bills to I
Mr. Nick SorA/o
856 Pyott Rood
' Crystal Lake, IL 60014
R State of Illinois) State of Illinois)
)ss This plot of annexation is Identified as that real estate )ss This Instrument No , was filed for reconl in the Recorder's Office
j County of Kane) incorporated into and mode port of the City of Elgfi, County of Kane)
Kane County, Illinois by ordinance No. of Kane , nty /as on i day of No _— 2fy0J at o'clock
I adapted by the City CouneA at a meeting held on - M, and was recorded in Plot Envelope No _.__-
I
I this day of , 20 --. -
County Recorder
1 8y Attest. —
Mayor City Clerk
1
State of Illinois)
)ss This Is to certify that I, Russell PSurveyorEngineering, (IllinoisDesign '
017 on Illinois Professional Land Surat of Western En m6erws , P C Professional Pam I
County of Kone) Number 18 4-00296 7), hare prepared this Map of Annexation of that port of the West Hoff of the Northwest Quarter of Section 28, • I
Township 41 North, Range 8 East of the Third PrincSool Meridian, described as follows. Commencing at the Southeast corner of the Nest
Half of said Northwest Quarter; thence westerly along the South line of the West Half of said Northwest Quarter, 41250 feet, thence nett/reify parallel with the
Fast line of the West Half of sold Northwest Quarter. 317.47 feet for the point of beginning; thence Easterly along o line forming on angle of 90-41' to the sight
I I with the prolongation of the lost described course, 412.53 feet to the East line of the West Half of said Northwest Quarter; thence northerly along said fast line,
210.36 feet. thence westerly parallel with the penultimate described course 412.53 feet to (he west line of the east 41250 feet of the Nest Half of the
rriT Northwest Quarter; thence southerly along said west line, 21036 feet to the point of beginmhg(excepting therefrom (hot port thereof lying easterly of the
IP' westerly line of Randall Road).
e.,,.
and also,
�*• that part of the Wes(Half of the Northwest Quarter of Section 28. Township 41 North. Range 8 East of the Third Prtnefpal Menthon described as follows
'''.4 Beginning of the Southeast corner oI the West Half of said Northwest Quartet thence westerly along the South line of the West Half of said Northwest Quarter
412.50 feet; thence northerly parallel with the East Ike of the West Half of said Northwest Quarter 31747 feet, thence easterly along a line forming on angle of
90'41'to the right with the prolongation of the last described course, a distance of 41253 feet to the East line of the West Half of said Northwest Quarter,
thence southerly along said East line 31006 feet to the point of beginning together with that part of Bowes Rood lying norfherly of the southerly right of way
tine of sold Rood from the southerly extension of the westerly line of the easterly 4t2 50 feet of said West Holf to the westerly right of way line of Randall Rood
(excepting therefrom that port thereof lying easterly of the westerly line of Randall Rood), all in Elgin Township, Kane County, Illinois and collectively containing
3.921 acres as shown by the plat hereon drown which is a correct representation of said location. All distances ore given hi feet and derirnol ports thereof.
This Riot is being recorded by-
Gated at St. Charles, Illinois, July 23, 2003
Nome.
Minors Professional Land Surveyor No 2753
Address. —
-�. Prepared by
Western Engineering,P.C.
One West A/iras Street. Sale 230 �-
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immumemememeememmemmememr
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CURRENT ZONING
PROPOSED ZONING
PAB
SRE AEA(GROSS)
3.13 Ac.
X INTERIOR LANDSCAPE
BUILDING AREA
SITE LOCATI • AREA RATIO
8.8 X
REQUIRED PARKING
154
SUPPLED PARKING
205
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MAUI mn.,o„ NICK'S PIZZA AND PUB — PRELIMINARY SITE PLAN
PICK AND TONY SARD O WESTERN ENGINEERING, P.C. , wnaAm .s WYCf•Ww
868 PYOTT ROAD O1 ILMIT w111°"" for KANE COUNTY, IWNOIS
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ila2 , NICK'S PIZZA & PUB
36W802 BOWES ROAD • 856 PYOTT ROAD
,r �'"' CRYSTAL LAKE, ILLINOIS 60014
ELGIN, ILLINOIS 60123 815-356-5550 FAX: 815-356-5551
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PROPOSED REATAURANT FOR: `ki!1. I- OWNER:SIGN ELEVATIONS SIGNAGE DATA OWNER: DATE:
NICK'S PIZZA & PUB — ELGIN 1 1' a NICK SARILLO 10/09/03
,� �� WOOD SIGN SIGN AREA: APPROX. 60 S.F. NICK'S PI77A & PUB
5r��'� a MASONRY BASE HEIGHT: 10'-0° 856 PYOTT ROAD
36W802 BOWES ROAD CRYSTAL LAKE, ILLINOIS 60014
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ELGIN, ILLINOIS 60123 FAX: 815-356-5551
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EXHIBIT "E"
Off-site Utility Easements and Road Rights-of-way
1. Municipal water main and sanitary sewer easement for connection to existing City of
Elgin facilities within Shasta Daisy Court right-of-way.
2. Such other utility easements which may be identified by Developer after execution of
this Agreement for installation of adequate improvements for the development contemplated
in Exhibit "D-1" of this Agreement.
C'my tiles zoning lurillo2 rdr
PROJECT NAME: Nick's Play
Location(NW.SW,or Other)t sw CITY OF ELGIN
Sewer Recapture(North Randall,Sleepy Hollow, Bowes Road IMPACT FEES WORKSHEET
Tyler Creek.Bowes Road,Bowes Creek,N/A)
School Land School Capital Park Land Park Capital Water Sewer Recapture Roadway(SW) Library Public Safety
Project Per Unit Feet Per Unit Fee' Per Unit Feet Per Unit Fee 2 P,Ir Out Fee' Per Unit Fee" Per Unit Feel Per Unit Feet Per Unit Feet'• PROJECT
Numbers Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee SUBTOTALS
Detached Single-Family Residences
$26028 $771.47 51,282.81 $454.23 $1.300.00 51,08900 $0.00 $105.08 $67259
<-Bedroom units: 0 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50 uJ
$95346 53,136.40 $1,843.76 5853 _
.02 $1,30000 51,089.00 ;000 $151.41 $67269
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50 00 $0.00 $0.00 $0 00
$1,579.47 $5,364.76 $2,393.90 $848.72 _-- 51,300.00 $1,089.00 $0.00 $19570 5672.69
4-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 SO Cr
_ 51,20103 54,18271 $2,39772 3849.75 51,300.00 $1,089.00 $0.00 $19973 $672.50
5.bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 50
Attached Single-Family Residences
$0.00 $0.00 S758.75 5268.83 51,30000 51.08900 $0.00 $61.80 $67259
1-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 • $0.00 $0.00
5229.51 $74428 $1,265.64 $146.05 $1.300.00 $1,089.00 $0.00 $103.00 $672.59i
2-bedroom units: 0 $0.00 $0.00 -_ $0 00 $0.00 $0.00 $0.00 $0.00 • 30.00 30.00 $0.00
5444.47 5/,360.94 $1,521.31 . $538.69 $1,300.00 $1,08a00 .. $0.00 . $124.63 $672.59I
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .. $0.00 $0.00 $0.00 S0 00
S854.07 $2,837.96 $2,000.22 S708.64 51,30000 $1,089.00 50.00 $163.77 567269
4-bedroom units: 0 $0.00 $0.0o $0.o0 S0.00 SO.o0 50.00 50.00 50.00 .$0.0o S0.00
Apartments
S0.00 30.00 $82298 S291.49 $1,06
, 9.00 . $0.00 $66.95 $67259
Efficiency units: 0 $0.00 S0.00 $0.00 $0.00 TBO $0.00 $0.00 $0 00 $0.00 $0.00
$6.27 • $17.33- S1,118.09 $39855 y $1,089.00 $0.00 $91.67 $67259
1-bedroom units: 0 $0.00 • .$0.00 $0.00 $0.00 '' $0.00 ' $0.00 -$000 . $0.00 $0.00
$229.99 5759,32 $1,217.30 $430.64 TBUt $1,089.00 $0.00 ':$99 91 $67259
2-bedroom units: 0 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00
$62689 $2064.10 S1,941.71 $888.04 1 $1,089-00 $0.00 $158.62 • ' $67269
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 • $0.00 $0.00 $0.00 $0.00
Non-Residential
$0.00 $0.00 $0.00 50.00 $400 00 $0 00 $0.00 $154.50
TB $3,872.59
Commercial square footage: 8,000 -_ $0.00 S0.00 50.00 50 00 $3 200.00 SO-00 __. _ 5672.59 ____._. _....-.-
$0.00 So 00 50.00 $0 00 $250.00 $0.00 $0.00 $154.50
Industnal square footage: 0 $0.00 $0 00 $0 00 SO 00 8U $0.00 . $0.00 $0.00 $0.00 $0 00
PROJECT SUBTOTALS: $0.00 I $0.00 I $0.00 I S0.00 I $30,160.00 I 53,200.00 I . $0.00 I $0.00 I $672.59 S34,032.59
ROADWAY CONTRIBUTION(Outside of SW)4: 50.00
TOTAL IMPACT FEES: S34,032.59
•Note: 'SW is south of ifighlend and west of or immediately east of Randal Road;'NW is north of Highland and west of or Immediately east of Randall Road.
•Note: For Non-Residential.a'Unit le 1,000 square feet of floor area.
•Note: Water fees are based upon the realer service size. The table assumes one 1 inch service per attached or detached SFR The tee for a 1 inch or smaller service is$1,300. Fees fur Larger services are listed below:
1.25-service: $2,030 1.5 service: $2,910 2'service: $5,160 4'service: $20,680 Service>4': $25,000
•Note: The public safety contribution is applicable only in the west(SW and NW). The maximum public safety contribution for a ran-residential building is$25,750
•Note: The maximum sewer recapture tee for a non-residential building is$50,000.
•Note: For the SW area,the roadway Improvement contribution is$0 per residential unit,$0 per 1,000 s.f.of commercial,and$0 per 1,000 s.f.of Industrial For other areas,the contribution is dependent upon arterial road frontage
The maximum roadway contribution for a non-residential building is$50,000.
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NJ• I EXHIBIT__ .
Ordinance No. G90-03
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
AS PAB PLANNED AREA BUSINESS DISTRICT
(Nicks Pizza and Pub - 2400 Bowes Road)
WHEREAS, the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to reclassify
said territory in the PAB Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law, the
Planning and Development Commission conducted a public hearing
concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois,
has reviewed the findings and recommendations of the Planning and
Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 19. 07, Section 19. 07 . 600 entitled
" Zoning District Map" of the Elgin Municipal Code, 1976, as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the
`Zoning District Map' , as amended, be and are hereby
altered by including in the PAB Planned Area Business
District, the following described property:
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER, 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF
THE WEST HALF OF SAID NORTHWEST QUARTER, 317 . 47 FEET
FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG A
LINE FORMING AN ANGLE OF 90°41' TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, 412 . 53 FEET
TO THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST
QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, 210. 36
FEET; THENCE WESTERLY PARALLEL WITH THE PENULTIMATE
DESCRIBED COURSE 412 . 53 FEET TO THE WEST LINE OF THE
EAST 412 . 50 FEET OF THE WEST HALF OF THE NORTHWEST
QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 21.0 . 36
FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM
THAT PART THEREOF LYING EASTERLY OF THE WESTERLY LINE
OF RANDALL ROAD) .
AND ALSO; THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF
THE WEST HALF OF SAID NORTHWEST QUARTER 317 . 47 FEET;
THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 90°41'
TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 412 . 53 FEET TO THE EAST
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE
SOUTHERLY ALONG SAID EAST LINE 310 . 06 FEET TO THE POINT
OF BEGINNING TOGETHER WITH THAT PART OF BOWES ROAD
LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF
SAID ROAD FROM THE SOUTHERLY EXTENSION OF THE WESTERLY
LINE OF THE EASTERLY 412 . 50 FEET OF SAID WEST HALF TO
THE WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD
(EXCEPTING THEREFROM THAT PART THEREOF LYING EASTERLY
OF THE WESTERLY LINE OF RANDALL ROAD) , ALL IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS AND COLLECTIVELY
CONTAINING 3 . 921 ACRES MORE OR LESS (PROPERTY COMMONLY
KNOWN AS 2400 BOWES ROAD) ."
Section 2 . That the property described in Section 1 above
shall be developed subject to the following provisions :
A.Purpose and Intent. The purpose and intent of this PAB
zoning district is to provide a planned commercial
environment, subject to the provisions of Chapter 19. 60
Planned Developments of the Elgin Municipal Code, 1976, as
amended.
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 PAB 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 PAB 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.
O. E. Land Use. In this PAB 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] , as a
"conditional use" [SR] , or as a "similar use" [SR] in the AB
Area Business District.
Permitted Uses. The following enumerated land uses shall be
the only land uses allowed as a permitted use in this PAB
Planned Area Business District :
Retail Trade Division.
1 . Eating places (5812) .
2 . Drinking places (5812)
3. Carryout restaurants (5812) .
4 . Outdoor Eating and Drinking Facilities [SR] (UNCL)
Construction Division.
5 . "Contractors office and equipment areas" [SR]
(UNCL) .
Miscellaneous Uses Division.
6. "Drive through facilities" [SR] , subject to the
provisions of Chapter 19. 45, Off-Street Parking.
7 . "Fences and walls" [SR] (UNCL) .
8. "Loading facilities" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
AB Area Business District, subject to the
provisions of Chapter 19. 47, Off-Street Loading.
9 . "Parking lots" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
AB Area Business District, subject to the
provisions of Chapter 19. 45, Off Street Parking.
10. "Refuse collection area" [SR] .
11 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19. 35 Signs.
12 . "Temporary uses" [SR] (UNCL) .
13 . "Accessory structures" [SR] (UNCL) to the
permitted uses allowed in the AB Area Business
District, subject to the provisions of Section
19. 12 . 500, Accessory Structures and Buildings.
14 . "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in the AB Area Business District, subject
to the provisions of Section 19. 10 . 400, Component
Land Uses.
F. Site Design. In this PAB 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 PAB District, the use and development of land and
structures shall also be subject to the provisions of
Chapter 19. 35. 435, Site Design (Area Business District) , of
the Elgin Zoning Ordinance. In this PAB District, the use
and development of land and structures shall be according to
the above with the exceptions as listed below:
A. Section 19. 12 .720 .A - Transition Landscape Yard. The
AB District requires a minimum 27 . 5 foot transition
landscape yard be planted along the west property line.
A minimum 12 foot transition landscape yard shall be
provided along the west property line of the subject
property (a 56% departure) .
B. Section 19. 90 - Outdoor Eating and Drinking Facility.
The supplementary regulations of the zoning ordinance
require that an outdoor eating and drinking facility be
a minimum of 100 feet from an adjoining residential
district, and that the area be surrounded by a 6 foot
high solid fence. The outdoor eating and drinking
facility shall be located on the subject property a
minimum of 80 feet from the adjacent residential
district to the west (a 20% departure) . A 4 foot high
solid wall with a 3 foot high wrought iron fence on top
of the wall (a 33% departure) shall be constructed
around the entire outdoor eating and drinking facility,
except on the western portion of the outdoor eating and
drinking facility, which shall be screened by a minimum
6 foot high solid wall or fence.
C. Section 19. 90 - Fences and Walls . The supplementary
regulations of the zoning ordinance require that a
solid fence in a street yard be a maximum of 3 feet in
height . A solid 8 foot high fence shall be constructed
on the subject property adjacent to the west property
line (a 62% departure) . An 8 foot high fence is
required as part of the transition landscape yard
requirement .
In this PAB zoning district, the use and development of land
and structures shall be subject to the following conditions :
1 . Substantial conformance to the Plat of Annexation,
prepared by Western Engineering, P.C. , dated July 23,
2003 .
2 . Substantial conformance to the Statement of Purpose and
Conformance, submitted by Nick Sarillo, dated
September 23, 2003 .
3 . Substantial conformance to the Preliminary Site Plan,
prepared by Western Engineering, P.C. , dated July 22,
2003, and revised October 10, 2003 .
4 . Shasta Daisy Court will provide access to the subject
property only after the existing full access point on
Bowes Road is lim ted to right-in/right-out . If and
when the connection Ls made to Shasta Daisy Court, the
intersection of Shasta Daisy Court and Columbine Drive
shall be reconfigur'?d so as to only permit left turns .
If at any point in the future the subject property is
permitted access to Randall Road through properties to
the north or otherwise, the access point at Shasta
Daisy shall be eliminated.
5 . Substantial conform<rnce to the Landscape Plan, prepared
by Western Engineering, P. C. , dated September 4 , 2003,
including the provision of landscaping which exceeds
the requirements of the zoning ordinance in the
transition landscap? yard, the vehicle use area, the
area adjacent to the dumpster, the area surrounding the
detention pond, and the area adjacent to the building
on the north elevation.
6. Substantial conforrance to the Fence Elevation, dated
October 4, 2003, including the provision of an 8 foot
high fence.
7 . Substantial conformance to the Floor Plans, submitted
by Nick Sarillo, day ed August 21, 2003 .
8 . Substantial conform,: nce to the Sign Elevations Plan,
dated October 9, 200 = .
9. Substantial conformance to the Exterior Building
Elevations for Nicl ' s Pizza and Pub, dated July 30,
2003 and September 9, 2003, including a 6 foot high
wall surrounding western portion of the outdoor
dining area.
10. Compliance with all. ,rpplicable codes and ordinances .
G. Off-street Parking. In this PAB zoning district, off street
parking shall be subjec' to the provisions of Chapter 19 . 45,
Off-street Parking, of The Elgin Municipal Code, 1976, as
amended.
H.Off-street Loading. In this PAB 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.
I .Signs. In this PAB zoning district, signs shall be
subject to the provisions of Chapter 19. 50, Signs, of the
Elgin Municipal Code, 1976, as amended.
J.Planned Developments . In this PAB zoning district, the
use and development of the land and structures shall be
subject to the provisions of Chapter 19. 60, Planned
Developments of the Elgin Municipal Code, 1976, as amended.
K.Conditional Uses. In this PAB 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. An application for
conditional use may be filed by an individual property owner
without necessitating that all other property owners in the
development authorize such application.
L.Variations. In this PAB zoning district, application for
variation shall be subject to the provisions of Chapter
19. 70, Variations of the Elgin Municipal Code, 1976, as
amended. An application for variation may be filed by an
individual property owner without necessitating that all
other property owners in the development authorize such
application.
T.Appeals. Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this ordinance may be appealed subject to the
provisions of Chapter 19. 75, Appeals of the Elgin Municipal
Code, 1976, as amended.
Section 3. That this ordinance shall be full force and
effect immediately after its passage in the manner provided by
law.
Ed Schock, Mayor
Presented: November 5, 2003
Passed:
Vote : Yeas Nays:
Recorded:
Published:
Attest :
Dolonna Mecum, City Clerk
CITY OF ELGIN
PETITION FOR ANNEXATION
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS:
Petitioner(s)on oath state as follows:
1, That petitioner(s) is/are the record owner(s) of the real property described as follows (the "Territory") seeking annexation to the City of
Elgin(provide legal description of the territory proposed to be annexed on the lines below or attach the legal description on separate sheet
attached to this Petition and marked as"Legal Description Attachment"):
See legal description attached as Exhibit A
2. Check one:
10 That they are all the electors(registered voters)residing in the Territory.
10 That there are no electors(registered voters)residing in the Territory.
0 That the sheet entitled "Electors' Signature Attachment"attached to and made part of this Petition consists of the signatures of not
less than fifty-one percent(51%)of the electors(registered voters)residing in the Territory.
3. That no portion of the Territory is within the corporate limits of any municipality and that the Territory is contiguous to the City of Elgin.
4. That a proposed Plat of Annexation for the Territory attached to and made part of this Petition.
WHEREFORE, the property owners and electors signing this petition respectfully request that the Territory be annexed to the City of Elgin by
ordinance of the Mayor and City Council of the City of Elgin pursuant to Section 7-1-8 of the Illinois Municipal Code, as amended, and that such
other action be taken as is appropriate in the premises.
Petitioner(s)on oath state as follows:That each petitioner has read the foregoing Petition for Annexation;that each petitioner has knowledge of the
information set forth in this Petition for Annexation; and,that the information set forth in this Petition for Annexation is true and correct to the best of
each petitioner's knowledge.
403WPf
Dated this ' day of _Ji-, 2003,
PETITIONER'S/RECORD OWNER'S SIGNATURE PETITIONER'S/RECORD OWNER'S SIGNATURE
/V7,t) (Akre ZUY7_6e/
PETITIONER'S PRINTED NAME: P ITIONER PRINTED NAME:
Edwin L. Minard Jolynne Cleveland
(Attach additional page of petitioner/record owner signatures when necessary.)
y 2003
Subscribed and sworn to before me this 1— day of �y, ,
•
"OFFICIAL SEAL" Of 0/
CATHERINE M. BROWN NOTARY PUBLIC
Notary Public,State of Illinois
My Commission Expires 01/17/06 A
Northerly Tract:
That part of the West Half of the Northwest Quarter of Section 28, Township 41, Range 8
East of the Third Principal Meridian, described as follows: Commencing at the Southeast
corner of the West Half of said Northwest Quarter;thence westerly along the South line
of the West Half of said Northwest Quarter, 412.50 feet;thence northerly parallel with
the East line of the West Half of said Northwest Quarter, 317.47 feet for the point of
beginning; thence Easterly along a line forming an angle of 90°41'to the right with the
prolongation of the last described course, 412.53 feet to the East line of the West Half of
said Northwest Quarter;thence northerly along said East line,'210.36 feet; thence
westerly parallel with the penultimate described course 412.53 feet to the west line of the
east 412.50 feet of the West Half of the Northwest Quarter; thence southerly along said
west line, 210.36 feet to the point of beginning, in Elgin Township, Kane County, Illinois
and containing 1.992 acres
and also;
Southerly Tract:
That part of the West Half of the Northwest Quarter of Section 28, Township 41, Range 8
East of the Third Principal Meridian described as follows: Beginning at the Southeast
corner of the West Half of said Northwest Quarter;thence westerly along the South line
of the West half of said Northwest Quarter 412.50 feet; thence northerly parallel with the
East line of the West Half of said Northwest Quarter 317.47 feet;thence easterly along a
line forming an angle of 90°41'to the right with the prolongation of the last described
course, a distance of 412.53 feet to the East line of the West Half of said Northwest
Quarter; thence southerly along said East line 310.06 feet to the point of beginning and
containing 2.971 acres all in Elgin Township, Kane County, Illinois as shown by the plat
hereon drawn which is a correct representation of said survey and topography. All
distances are given in feet and decimal parts thereof.
EXHIBIT A
SANDY WEGNAN
RECORDER
KANE COUNTY, IL
N
12/17/2003ED12:l 0 pH
MAP ATTACK REC FEE: 57.00
PAGES: 4
State of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. S31-03
AN ORDINANCE
ANNEXING CETAIN TERRITORY TO THE CITY OF ELGIN
(Nicks Pizza and Pub—2400 Bowes Road)
passed by the Elgin City Council at its legally convened meeting held on November 5, 2003.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this December 16, 2003.
City Cler
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk
City of Elgin CA\ 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120 ;\
•
Ordinance No. S31-03
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Nicks Pizza and Pub - 2400 Bowes Road)
WHEREAS, a petition signed by all the owners of record of
certain territory has been filed with the City Clerk requesting
annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath
by all the owners of record that no electors reside on the subject
territory; and
WHEREAS, said territory is contiguous to the City of Elgin and
is not within the corporate limits of any municipality; and
WHEREAS, legal notice of the intent of the City of Elgin to
annex said territory have been forwarded to all public bodies
required to receive said notice in the manner provided by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That the territory and lands described as follows
be and are annexed to and made a part of the City of Elgin and the
boundaries of the City of Elgin be and are hereby enlarged and
extended to include in the corporate boundaries of the City of
Elgin said territory:
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER
OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER, 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER, 317 .47 FEET FOR THE
POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE FORMING
AN ANGLE OF 90°41' TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, 412 . 53 FEET TO THE EAST LINE
OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE
NORTHERLY ALONG SAID EAST LINE, 210 . 36 FEET; THENCE
WESTERLY PARALLEL WITH THE PENULTIMATE DESCRIBED COURSE
412 . 53 FEET TO THE WEST LINE OF THE EAST 412 . 50 FEET OF
THE WEST HALF OF THE NORTHWEST QUARTER; THENCE SOUTHERLY
ALONG SAID WEST LINE, 210. 36 FEET TO THE POINT OF
BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING
EASTERLY OF THE WESTERLY LINE OF RANDALL ROAD) .
AND ALSO; THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER 317 .47 FEET; THENCE
EASTERLY ALONG A LINE FORMING AN ANGLE OF 90°41' TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,
A DISTANCE OF 412 . 53 FEET TO THE EAST LINE OF THE WEST
HALF OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG
SAID EAST LINE 310 . 06 FEET TO THE POINT OF BEGINNING
TOGETHER WITH THAT PART OF BOWES ROAD LYING NORTHERLY OF
THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD FROM THE
SOUTHERLY EXTENSION OF THE WESTERLY LINE OF THE EASTERLY
412 . 50 FEET OF SAID WEST HALF TO THE WESTERLY RIGHT OF
WAY LINE OF RANDALL ROAD (EXCEPTING THEREFROM THAT PART
THEREOF LYING EASTERLY OF THE WESTERLY LINE OF RANDALL
ROAD) , ALL IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND
COLLECTIVELY CONTAINING 3 . 921 ACRES MORE OR LESS
(PROPERTY COMMONLY KNOWN AS 2400 BOWES ROAD) .
Section 2 . That a certified copy of this ordinance together
with an accurate map of said territories shall be filed with the
Recorder of Deeds, Kane County, Illinois .
Section 3 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by law.
s/ Ed Schock
. Ed Schock, Mayor
Presented: November 5, 2003
Passed: November 5, 2003
Omnibus Vote: Yeas : 6 Nays: 0
Recorded: November 6, 2003
Published:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
2003K2I6226
Ordinance No. G90-03
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
AS PAB PLANNED AREA BUSINESS DISTRICT
(Nicks Pizza and Pub - 2400 Bowes Road)
WHEREAS, the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to reclassify said
territory in the PAB Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law, the
Planning and Development Commission conducted a public hearing
concerning said application and has submitted its written findings
and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has
reviewed the findings and recommendations of the Planning and
Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled
"Zoning District Map" of the Elgin Municipal Code, 1976, as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the
`Zoning District Map' , as amended, be and are hereby
altered by including in the PAB Planned Area Business
District, the following described property:
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT
THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHWEST
QUARTER; THENCE WESTERLY ALONG THE SOUTH LINE OF THE WEST
HALF OF SAID NORTHWEST QUARTER, 412 . 50 FEET; THENCE
NORTHERLY PARALLEL WITH THE EAST LINE OF THE WEST HALF OF
SAID NORTHWEST QUARTER, 317 .47 FEET FOR THE POINT OF
BEGINNING; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE
OF 90°41' TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, 412 . 53 FEET TO THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTHERLY
ALONG SAID EAST LINE, 210 . 36 FEET; THENCE WESTERLY
PARALLEL WITH THE PENULTIMATE DESCRIBED COURSE 412 . 53
FEET TO THE WEST LINE OF THE EAST 412 . 50 FEET OF THE WEST
HALF OF THE NORTHWEST QUARTER; THENCE SOUTHERLY ALONG
SAID WEST LINE, 210 . 36 FEET TO THE POINT OF BEGINNING
(EXCEPTING THEREFROM THAT PART THEREOF LYING EASTERLY OF
THE WESTERLY LINE OF RANDALL ROAD) .
AND ALSO; THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF
SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SOUTH
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER 412 . 50
FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER 317 .47 FEET; THENCE
EASTERLY ALONG A LINE FORMING AN ANGLE OF 90°41' TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,
A DISTANCE OF 412 . 53 FEET TO THE EAST LINE OF THE WEST
HALF OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG
SAID EAST LINE 310 . 06 FEET TO THE POINT OF BEGINNING
TOGETHER WITH THAT PART OF BOWES ROAD LYING NORTHERLY OF
THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD FROM THE
SOUTHERLY EXTENSION OF THE WESTERLY LINE OF THE EASTERLY
412 . 50 FEET OF SAID WEST HALF TO THE WESTERLY RIGHT OF
WAY LINE OF RANDALL ROAD (EXCEPTING THEREFROM THAT PART
THEREOF LYING EASTERLY OF THE WESTERLY LINE OF RANDALL
ROAD) , ALL IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND
COLLECTIVELY CONTAINING 3 . 921 ACRES MORE OR LESS
(PROPERTY COMMONLY KNOWN AS 2400 BOWES ROAD) . "
Section 2 . That the property described in Section 1 above
shall be developed subject to the following provisions :
A. Purpose and Intent. The purpose and intent of this PAB zoning
district is to provide a planned commercial environment,
subject to the provisions of Chapter 19 . 60 Planned
Developments of the Elgin Municipal Code, 1976, as amended.
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 PAB 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 PAB 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. Land Use. In this PAB 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] , as a "conditional
use" [SR] , or as a "similar use" [SR] in the AB Area Business
District .
Permitted Uses . The following enumerated land uses shall be
the only land uses allowed as a permitted use in this PAB
Planned Area Business District :
Retail Trade Division.
1 . Eating places (5812) .
2 . Drinking places (5812)
3 . Carryout restaurants (5812) .
4 . Outdoor Eating and Drinking Facilities [SR] (UNCL)
Construction Division.
5 . "Contractors office and equipment areas" [SR]
(UNCL) .
Miscellaneous Uses Division.
6 . "Drive through facilities" [SR] , subject to the
provisions of Chapter 19 .45, Off-Street Parking.
7 . "Fences and walls" [SR] (UNCL) .
8 . "Loading facilities" [SR] (UNCL) , exclusively
"accessory" [SR] to a permitted use allowed in the
AB Area Business District, subject to the
provisions of Chapter 19 .47, Off-Street Loading.
9 . "Parking lots" [SR] (UNCL) , exclusively "accessory"
[SR] to a permitted use allowed in the AB Area
Business District, subject to the provisions of
Chapter 19 .45, Off Street Parking.
10 . "Refuse collection area" [SR] .
11 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 35 Signs .
12 . "Temporary uses" [SR] (UNCL) .
13 . "Accessory structures" [SR] (UNCL) to the permitted
uses allowed in the AB Area Business District,
subject to the provisions of Section 19 . 12 . 500,
Accessory Structures and Buildings .
14 . "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in the AB Area Business District, subject
to the provisions of Section 19 . 10 . 400, Component
Land Uses .
F. Site Design. In this PAB 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 PAB District, the use and development of land and
structures shall also be subject to the provisions of Chapter
19. 35 .435, Site Design (Area Business District) , of the Elgin
Zoning Ordinance. In this PAB District, the use and
development of land and structures shall be according to the
above with the exceptions as listed below:
A. Section 19 .12 .720 .A - Transition Landscape Yard. The AB
District requires a minimum 27 . 5 foot transition
landscape yard be planted along the west property line. A
minimum 12 foot transition landscape yard shall be
provided along the west property line of the subject
property (a 56% departure) .
B. Section 19 . 90 - Outdoor Eating and Drinking Facility.
The supplementary regulations of the zoning ordinance
require that an outdoor eating and drinking facility be a
minimum of 100 feet from an adjoining residential
district, and that the area be surrounded by a 6 foot
high solid fence. The outdoor eating and drinking
facility shall be located on the subject property a
minimum of 80 feet from the adjacent residential district
to the west (a 20% departure) . A 4 foot high solid wall
with a 3 foot high wrought iron fence on top of the wall
(a 33% departure) shall be constructed around the entire
outdoor eating and drinking facility, except on the
western portion of the outdoor eating and drinking
facility, which shall be screened by a minimum 6 foot
high solid wall or fence .
C. Section 19 . 90 - Fences and Walls. The supplementary
regulations of the zoning ordinance require that a solid
fence in a street yard be a maximum of 3 feet in height .
A solid 8 foot high fence shall be constructed on the
subject property adjacent to the west property line (a
62% departure) . An 8 foot high fence is required as part
of the transition landscape yard requirement .
In this PAB zoning district, the use and development of land
and structures shall be subject to the following conditions :
1 . Substantial conformance to the Plat of Annexation,
prepared by Western Engineering, P.C. , dated July 23 ,
2003 .
2 . Substantial conformance to the Statement of Purpose and
Conformance, submitted by Nick Sarillo, dated
September 23 , 2003 .
3 . Substantial conformance to the Preliminary Site Plan,
prepared by Western Engineering, P.C. , dated July 22 ,
2003 , and revised October 10, 2003 .
4 . Shasta Daisy Court will provide access to the subject
property only after the existing full access point on
Bowes Road is limited to right-in/right-out . If and when
the connection is made to Shasta Daisy Court, the
intersection of Shasta Daisy Court and Columbine Drive
shall be reconfigured so as to only permit left turns. If
at any point in the future the subject property is
permitted access to Randall Road through properties to
the north or otherwise, the access point at Shasta Daisy
shall be eliminated.
5 . Substantial conformance to the Landscape Plan, prepared
by Western Engineering, P.C. , dated September 4 , 2003 ,
including the provision of landscaping which exceeds the
requirements of the zoning ordinance in the transition
landscape yard, the vehicle use area, the area adjacent
to the dumpster, the area surrounding the detention pond,
and the area adjacent to the building on the north
elevation.
6 . Substantial conformance to the Fence Elevation, dated
October 4 , 2003, including the provision of an 8 foot
high fence.
7 . Substantial conformance to the Floor Plans, submitted by
Nick Sarillo, dated August 21, 2003 .
8 . Substantial conformance to the Sign Elevations Plan,
dated October 9, 2003 .
9 . Substantial conformance to the Exterior Building
Elevations for Nick' s Pizza and Pub, dated July 30, 2003
and September 9, 2003, including a 6 foot high wall
surrounding the western portion of the outdoor dining
area.
10 . Compliance with all applicable codes and ordinances .
G. Off-street Parking. In this PAB 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.
H. Off-street Loading. In this PAB 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.
I . Signs. In this PAB zoning district, signs shall be subject to
the provisions of Chapter 19. 50, Signs, of the Elgin Municipal
Code, 1976, as amended.
J. Planned Developments. In this PAB zoning district, the use
and development of the land and structures shall be subject to
the provisions of Chapter 19 . 60, Planned Developments of the
Elgin Municipal Code, 1976, as amended.
K. Conditional Uses. In this PAB 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. An application for conditional use may be
filed by an individual property owner without necessitating
that all other property owners in the development authorize
such application.
L. Variations. In this PAB zoning district, application for
variation shall be subject to the provisions of Chapter 19. 70,
Variations of the Elgin Municipal Code, 1976, as amended. An
application for variation may be filed by an individual
property owner without necessitating that all other property
owners in the development authorize such application.
M. Appeals. Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this ordinance may be appealed subject to the
provisions of Chapter 19 . 75, Appeals of the Elgin Municipal
Code, 1976 , as amended.
Section 3 . That this ordinance shall be full force and effect
immediately after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 5, 2003
Passed: November 5, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: November 6, 2003
Published:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
. •
October 6,2003
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 46-03 Requesting Annexation and PAB Planned Area Business District
Zoning;Property Located at 2400 Bowes Road by Nick Sarillo,as Applicant,and Edwin L.Minard and
Jolynne Cleveland, as Owners.
GENERAL INFORMATION
Requested Action: Annexation and Zoning Approval
Proposed Zoning: PAB Planned Area Business District
Existing Use: Commercial
Property Location: 2400 Bowes Road
Applicant: Nick Sarillo
Owners: Edwin L. Minard
Jolynne Cleveland
Staff Coordinator: Todd Wyatt,Associate 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. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Development Plan (see attached)
Exhibit A
Findings of Fact Planning and Development Commission
Petition 46-03 October 6, 2003
H. Drafi Zoning Ordinances (see attached)
I. Correspondence (see attached)
BACKGROUND
An application has been filed by Nick Sarillo, requesting annexation, and a map amendment to PAB
Planned Area Business District to permit the establishment of an eating place and drinking place. The
subject property is located at 2400 Bowes Road.
The applicant is proposing to annex approximately 3.92 acres of land and develop the property with an
8,600 square foot commercial building with an accessory parking lot and new landscaping. The three
buildings which currently exist on the property will be demolished. The proposed use for the new
building is a restaurant,Nick's Pizza and Pub,which will feature an outdoor dining patio and a carryout
service. The property will be accessed from Bowes Road and from Shasta Daisy Court, at such time
when the existing access from Bowes Road becomes right-turn in and right-turn out(reference Exhibits
A,B, C,D, and E).
The property lies within the ARC Arterial Road Corridor,and therefore requires planned development
approval (reference Exhibits F, 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 46-03 on October 6,2003.The applicant testified at the public hearing and
presented documentary evidence in support of the application. Objectors spoke at the public hearing.
The Community Development Group submitted an Annexation and Zoning Review,dated September
26,2003.
The Planning and Development Commission has made the following general findings:
A. Site Characteristics Standard. The suitability of the subject property for the proposed planned
development,with respect to its size, shape and any existing improvements.
Findings:The subject property is suitable for the proposed planned development with respect to
the site characteristics standard.
2
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
The subject property is a regularly shaped parcel consisting of approximately 3.92 acres of land.
Topography on the site ranges from a low point of 803 feet located at the southern portion of the
property to a high point of 823 feet located at the northern portion of the property, for a
maximum relief of 20 feet.The property is currently improved with a commercial building with
an accessory parking lot, and a residence with an accessory building.
B. Sewer and Water Standard. The suitability of the subject property for the proposed planned
development with respect to the availability of adequate water, sanitary treatment and
stormwater control facilities.
Findings:The subject property is suitable for the proposed planned development with respect to
the sewer and water standard.
The subject property will be served with municipal sewer and water by connecting to the
existing sanitary sewer and water systems. Stormwater control will be provided on site in
conformance with all applicable ordinances.
C. Traffic and Parking Standard.The suitability of the subject property for the proposed planned
development with respect to the provision of safe and efficient on site and off site vehicular
circulation designed to minimize traffic congestion.
Findings:The subject property is suitable for the proposed planned development with respect to
the traffic and parking standard.
The subject property is located at the northwest corner of Randall Road and Bowes Road.
Randall Road is a limited access arterial street serving the greater Fox Valley area.Bowes Road
is an arterial street serving the southwest side of Elgin and the surrounding areas.
The property will be accessed from a full-access driveway on Bowes Road. According to the
Kane County Division of Transportation,the full-access driveway may need to be modified to a
right-in,right-out access driveway at such time that the southwest corner of Randall and Bowes
Roads develops with commercial uses (reference letter from KDOT dated May 14, 2003, and
October 6, 2003). Access will also be provided to the site from Shasta Daisy Court.
Additionally, a cross-access easement will be provided on this site which would allow for a
future driveway connection to the property to the north if it develops with a commercial use.
It should be noted that at such time when the Bowes Road access point becomes right-in right-
out,traffic flow into the adjacent residential subdivision to the west will be necessary to provide
for travel on Randall Road.
Off street parking will be provided in conformance with the zoning ordinance.
3
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
D. Zoning History Standard. The suitability of the subject property for the proposed planned
development 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 planned development with respect to
the zoning history standard.
The subject property is currently zoned as F District Farming in Kane County,with a special use
for a veterinary clinic.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the
proposed planned development with respect to consistency and compatibility with surrounding
land use and zoning.
Findings: The subject property is suitable for the proposed planned development with respect
to the surrounding land use and zoning standard.
The property to the north and south is located in unincorporated Kane County and is
undeveloped.
The property to the east is zoned PAB Planned Area Business District and is developed with a
commercial use.
The property to the west is zoned SFR2 Single Family Residence District and is developed with
the Columbine residential subdivision.
F. Trend of Development Standard. The suitability of the subject property for the proposed
planned development 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 planned development with respect to
the trend of development standard.
The subject property is located in the southern portion of the Randall Road corridor,which has
developed primarily with commercial and residential uses.
G. Zoning Districts Standard. The suitability of the subject property for the proposed planned
development with respect to conformance to the provisions for the purpose and intent,and the
location and size of a zoning district.
4
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
The purpose of the PAB Planned Area Business District is to provide commodities and services
to several neighborhoods, and in some instances to a community wide or regional supporting
population. The PAB Planned Area Business District is subject to the provisions of Chapter
19.60, Planned Developments.
In general,the purpose and intent of the provision for planned developments is to accommodate
unique development situations. 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.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,a
property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent, and the location and size of a PAB
Planned Area Business District,and an ARC Arterial Road Corridor Overlay District.
The proposed planned development is in substantial conformance with the purpose and intent of
the planned development and arterial road corridor provisions. This proposal represents an
opportunity to realize a development of demonstrated need with respect to the types of
environment available to the public.The restaurant will provide a high quality dining option to
the surrounding community.Unique architectural details have been incorporated into the design
of this building,which will be considered an aesthetic amenity at this highly visible location.
H. Comprehensive Plan Standard. The suitability of the subject property for the proposed
planned development with respect to conformance to the goals,objectives,and policies of the
official comprehensive plan.
Findings: The subject property may be suitable for the proposed planned development with
respect to the comprehensive plan standard.
The subject property is designated as"AreaNillage Center"in the 1983 Comprehensive Plan.
This designation may be appropriate for the proposed restaurant.
5
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
Additionally,the subject property also lies within the Far West Planning Area,and is designated
as "Low Density Residential."This designation may be suitable for the proposed commercial
use, as the adjacent residential use will be adequately screened from the proposed commercial
use. Furthermore, the other properties adjoining the intersection of Randall Road and Bowes
Road are designated as commercial areas in the Far Wet Area Plan.
I. Natural Preservation Standard. The suitability of the subject property for the proposed
planned development with respect to the preservation of all significant natural features including
topography,watercourses, wetlands, and vegetation.
Findings: The subject property may be suitable for the proposed planned development with
regard to the natural preservation standard.
There are several mature trees located on this property, which will be removed during the
redevelopment of this site.
J. Internal Land Use Standard.The suitability of the subject property for the intended planned
development 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 planned development with regard to
the internal land use standard.
No evidence has been found that the proposed planned development will be located,designed,
and operated in a manner that will exercise undue detrimental influence on itself or surrounding
property.
•
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. This planned development contemplates
certain departures from the normal standards,regulations,and requirements of the zoning ordinance for
the PAB Planned Area Business District. For the purpose of comparison, the most similar zoning
district is the AB Area Business District. The applicant is specifically requesting the following
proposed departures:
A. Section 19.12.720.A— Transition Landscape Yard. The AB District requires a minimum
27.5 foot transition landscape yard along the west property line.The applicant is proposing a 12
foot transition landscape yard (a 56% departure). The transition landscape yard will contain
landscaping materials which exceed the requirements of the zoning ordinance.
6
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
B. Section 19.90—Outdoor Eating and Drinking Facility. The supplementary regulations of the
zoning ordinance require that an outdoor eating and drinking facility be a minimum of 100 feet
from an adjoining residential district, and that the area be surrounded by a 6 foot high solid
fence.The applicant is proposing to locate the outdoor eating and drinking facility 80 feet from
a residential district (a 20%departure), and to construct a 4 foot high solid wall with a 3 foot
high wrought iron fence on top of the wall ( a 33%departure).
C. Section 19.90 — Fences and Walls. The supplementary regulations of the zoning ordinance
require that a solid fence in a street yard be a maximum of 3 feet in height. The applicant is
proposing a solid 8 foot high fence in a street yard (a 62%departure). An 8 foot high fence is
required as part of the transition landscape yard requirement.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
Positive Attributes. The establishment of a high quality commercial development will be an
attractive amenity at this intersection.The proposed use will likely attract additional customers
to the general area,which will in turn generate additional tax revenue for the city.The property
will be landscaped with materials in excess of what the zoning ordinance requires,which will
provide for an adequate buffer from the adjacent residential use.
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 recommends the approval of Petition 46-03. On a motion
to recommend approval,subject to the following conditions,the vote was five(5)yes and one(1)no:
7
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
1. Substantial conformance to the Plat of Annexation,prepared by Western Engineering,
P.C., dated July 23,2003.
2. Substantial conformance to the Statement of Purpose and Conformance, submitted by
Nick Sarillo,dated September 23, 2003.
3. Substantial conformance to the Preliminary Site Plan,prepared by Western Engineering,
P.C., dated July 22,2003, and revised October 10, 2003.
4. Shasta Daisy Court will provide access to the subject property only after the existing full
access point on Bowes Road is limited to right-in/right-out.
5. Substantial conformance to the Landscape Plan,prepared by Western Engineering,P.C.,
dated September 4, 2003, with the following revisions which will be subject to the
review and approval of the Community Development Group:
a. The provision of landscaping which exceeds the requirements of the zoning
ordinance in the transition landscape yard,the vehicle use area,the area adjacent
to the dumpster,the area surrounding the detention pond,and the area adjacent
to the building on the north elevation.
b. The location of the dumpster shall be consistent with the site plan.
6. Substantial conformance to the Fence Elevation, dated October 4, 2003,including the
provision of an 8 foot high fence. •
7. Substantial conformance to the Floor Plans,submitted by Nick Sarillo,dated August 21,
2003.
8. Substantial conformance to the Sign Elevations Plan, dated October 9,2003.
9. Substantial conformance to the Exterior Building Elevations for Nick's Pizza and Pub,
dated July 30,2003 and September 9,2003,including a 6 foot high wall surrounding the
western portion of the outdoor dining area.
10. Revisions to the Annexation Agreement as required by the Community Development
Group and Corporation Counsel.
11. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 46-03 was adopted.
8
Findings of Fact Planning and Development Commission
Petition 46-03 October 6,2003
Respectfully Submitted,
Ge,re.e. +iO C)
George Wolff, Chairman
Planning and Development Commission
"And.o. Cr.:‘,71)
Lauren Pruss, Secretary
Planning and Development Commission
9
CFE�C
• �" City of Elgin
f Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
December 29, 2003 C J John Walters
Marie Yearman
City Manager
David M. Dorgan
Kane County Clerk's Office
719 S. Batavia Avenue
P. O. Box 70
Geneva, IL 60134
Re: Annexation of Property Located at 2400 Bowes Road
Ladies and Gentlemen:
Annexation Ordinance S31-03 and attached plat of annexation regarding annexation of the above
property was recorded by the Kane County Recorder as Document No. 2003K216226 on
December 17, 2003. In accordance with Illinois Compiled Statutes, Chapter 65, Section 5/7-1-1,
I am enclosing copies of the ordinance and plat as follows:
For Election Commission
One copy of Ordinance S31-03 and one copy of Plat of Annexation
For Tax Extension Department
One copy of Ordinance S31-03 and two copies of Plat of Annexation
Sincerely,
Al#14(4. f-1-44,111.
Dolonna"Loni"Mecum, CMC
City Clerk
847-931-5660
DKM/Jj9
Enclosures
CERTIFIED MAIL 3 o3 oso-o cricro Bxo-4
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616
www.cityofelgin.org
Printed on recycled paper
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City of Elgin
; 4 Mayor
t tib' ` Ed Schock
%,/(.1 IFIl F\O
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
C ^ Marie Yearman
UCity Manager
December 29, 2003 David M. Dorgan
Joseph Cluchey, Chief
South Elgin and Countryside Fire District
150 W. State Street
South Elgin, IL 60177
Re: Annexation of Property Located at 2400 Bowes Road
Dear Chief Cluchey
Please be advised that on November 5, 2003, the Elgin City Council passed an ordinance
annexing the above property. The annexation ordinance and plat were recorded by the Kane
County Recorder on December 17, 2003, as Document No. 2003K216226.
To assist you in updating your records, we are enclosing a copy of Annexation Ordinance S31-03
and plat of annexation.
Sincerely,
I 9VLu(// t-fee,nt
Dolonna"Loni"Mecum, CMC
City Clerk
847-931-5660
DKM/jjq
Enclosures
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
® Ponied on recycled paper
�y OF E(Ci
City of Elgin Mayor
•c- , ,ur Ed Schock
b?1 T C.D
Council Members
Juan Figueroa
CO PY Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
Marie Yearman
City Manager
December 29, 2003 David M. Dorgan
Ms. Diane Tindle
Elgin Post Master
United States Post Office
66 N. Grove Avenue
Elgin IL 60120
Re: Annexation of Property Located at 2400 Bowes Road
Dear Ms. Tindle:
In accordance with Illinois Revised Statutes, Chapter 65, Section 5/7-1-1, I am enclosing a copy
of Ordinance S31-03 and copy of Plat of Annexation recorded by the Kane County Recorder on
December 17, 2003, as Document No. 2003K216226 regarding annexation of the above
property.
If you have any questions, please feel free to contact me.
Sincerely,
(IVI_ x,�.t. t us.,+C.a'?
Dolonna"Loni"Mecum, CMC
City Clerk
847-931-5660
DKM/JJ q
Enclosures
CERTIFIED MAIL �0.10' °So-o o-aoy. 39 1q. BCfA 1
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610•TDD 847/931-5616
,. www.cityofelgin.org
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Ez,
¢�y , City of Elgin
Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
Mane Yearman
City Manager
November 14, 2003 David M. Dorgan
Mr. Richard L. Holmberg
Attorney at Law
2425 Royal Boulevard
Elgin, IL 60123
Re: Annexation 2400 Bowes Road(Petition 46-03)
Dear Bud:
The following documents are enclosed with reference to the Nick's Pizza annexation at the
above address:
1. Certified copy of Resolution 03-302 authorizing execution of the annexation
agreement
2. Two copies of fully executed Annexation Agreement
3. Certified copy of Annexation Ordinance S31-03
4. Certified copy of Ordinance G90-03 classifying the newly annexed territory
Please let me know if we can be of further assistance.
Sincerely,
Dolonna"Lori" Mecum, CMC
dkm
Enclosures
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616
www.cityofelgin.org
® Printed on recycled paper
COV)
November 14, 2003
TO: Todd Wyatt, Zoning Officer
FROM: Loni Mecum, City Clerk
SUBJECT: Petition 46-03
Ordinance No. S31-03 (Nicks Pizza and Pub)
Located at 2400 Bowes Road
A fully executed copy of the annexation agreement regarding Nick's Pizza is enclosed for your
records. For your information, two signed copies of the agreement have been forwarded to
Attorney Bud Holmberg.
Thank you.
Attachment
NOTICE OF PROPOSED ANNEXATION
TO THE CITY OF ELGIN, ILLINOIS
TO: BOARD OF TRUSTEES
SOUTH ELGIN AND COUNTRYSIDE FIRE DISTRICT
Joseph Cluchey, Chief
South Elgin and Countryside Fire District
150 W. State Street
South Elgin, IL 60177
Kenneth H. Cornelissen, President
South Elgin and Countryside Fire District
351 South Drive
South Elgin, IL 60177
Ronald R. Bohlman, Secretary
South Elgin and Countryside Fire District
400 Spruce Street
South Elgin, IL 60177
Scott A. Melahn, Treasurer
South Elgin and Countryside Fire District
9N903 Koshare Circle
Elgin, IL 60123
J. Richard Cox,Trustee
South Elgin and Countryside Fire District
8N819 Hopps Road
Elgin, IL 60123
Jeffrey A. Speyers,Trustee
South Elgin and Countryside Fire District
473 Medford Drive
South Elgin, IL 60177
PLEASE TAKE NOTICE that the City of Elgin, Kane and Cook Counties,which provides fire
protection services, is contemplating annexation of the following described real estate located at
2400 Bowes Road in Elgin Township:
That part of the West half of the northwest quarter of Section 28,Township 41 North,
Range 8 East of the Third Principal Meridian,described as follows: Commencing at
the Southeast corner of the West half of said Northwest Quarter; thence Westerly
along the South line of the West half of said Northwest quarter,412.50 feet;thence
Northerly parallel with the East line of the West half of said Northwest quarter,
317.47 feet for the point of beginning;thence Easterly along a line forming an angle
of 90°41' to the right with the prolongation of the last described course,412.53 feet
to the East line of the West half of said Northwest quarter; thence Northerly along
said East line,210.36 feet; thence Westerly parallel with the penultimate described
course 412.53 feet to the West line of the East 412.50 feet of the West half of the
Northwest quarter;thence Southerly along said West line,210.36 feet to the point of
beginning(excepting therefrom that part thereof lying Easterly of the Westerly line of
Randall Road).
And also; that part of the West half of the Northwest quarter of Section 28,
Township 41 North, Range 8 East of the Third Principal Meridian described as
follows: Beginning at the Southeast corner of the West half of said Northwest
quarter; thence Westerly along the South line of the West half of said Northwest
quarter 412.50 feet; thence Northerly parallel with the East line of the West half of
said Northwest quarter 317.47 feet; thence Easterly along a line forming an angle
of 90°41' to the right with the prolongation of the last described course, a distance
of 412.53 feet to the East line of the West half of said Northwest quarter; thence
Southerly along said East line 310.06 feet to the point of beginning together with
that part of Bowes Road lying Northerly of the Southerly right of way line of said
road from the Southerly extension of the Westerly line of the Easterly 412.50 feet
of said West half to the Westerly right of way line of Randall Road(excepting
therefrom that part thereof lying Easterly of the Westerly line of Randall Road),
all in Elgin Township, Kane County, Illinois and collectively containing 3.921
acres more or less (Property Commonly Known as 2400 Bowes Road).
Such real estate is part of the South Elgin Countryside Fire District and this Notice is served
upon you pursuant to the provisions of Section 5/7-1-1 of Chapter 65 of the Illinois Compiled
Statutes.
This matter will be considered by the City Council of the City of Elgin at its Council meeting in
the City Hall Council Chambers, 150 Dexter Court, Elgin, Illinois, on Wednesday,October 22,
2003,at 7:00 p.m.
City of Elgin
Dolonna Mecum
City Clerk
AFFIDAVIT OF SERVICE
STATE OF ILLINOIS )
COUNTIES OF KANE AND COOK)
Dolonna Mecum, being first duly sworn, deposes and says an oath that as City Clerk of the city
of Elgin she did cause the foregoing notice to be served upon the Trustees of the South Elgin
Countryside Fire District, and each of them by mailing true and correct copies of the same by
certified mail to the said Trustees at the addresses set forth below their names this September 25,
2003,by depositing the same in the United States Mail at Elgin, Illinois, certified,postage
prepaid.
Ar2..e4/44,-.
Dolonna Mecum, City Clerk
SUBSCRIBED and SWORN to before me
September 25, 2003.
Notary lic
"OFFICIAL SEAL" •
MARY GIFFORT
Notary Public,State of Illinois
My Commission Expires 06/13/04 i
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'cation Map
2400 Bowes Rd.
A
Elgin, Illinois N
700 0 700 Feet
If using this form to respond, please mark the location of your property on the map.
NOTICE OF PROPOSED ANNEXATION
TO THE CITY OF ELGIN,ILLINOIS
TO: BOARD OF TRUSTEES
SOUTH ELGIN AND COUNTRYSIDE FIRE DISTRICT
Joseph Cluchey, Chief
South Elgin and Countryside Fire District
150 W. State Street
South Elgin, IL 60177
Kenneth H. Cornelissen,President
South Elgin and Countryside Fire District
351 South Drive
South Elgin, IL 60177
Ronald R. Bohlman, Secretary
South Elgin and Countryside Fire District
400 Spruce Street
South Elgin, IL 60177
Scott A. Melahn,Treasurer
South Elgin and Countryside Fire District
9N903 Koshare Circle
Elgin, IL 60123
J. Richard Cox, Trustee
South Elgin and Countryside Fire District
8N819 Hopps Road
Elgin, IL 60123
Jeffrey A. Speyers, Trustee
South Elgin and Countryside Fire District
473 Medford Drive
South Elgin, IL 60177
PLEASE TAKE NOTICE that the City of Elgin, Kane and Cook Counties,which provides fire
protection services, is contemplating annexation of the following described real estate located at
2400 Bowes Road in Elgin Township:
That part of the West half of the northwest quarter of Section 28,Township 41 North,
Range 8 East of the Third Principal Meridian,described as follows: Commencing at
the Southeast corner of the West half of said Northwest Quarter; thence Westerly
along the South line of the West half of said Northwest quarter,412.50 feet;thence
Northerly parallel with the East line of the West half of said Northwest quarter,
317.47 feet for the point of beginning;thence Easterly along a line forming an angle
of 90°41' to the right with the prolongation of the last described course,412.53 feet
to the East line of the West half of said Northwest quarter; thence Northerly along
said East line, 210.36 feet; thence Westerly parallel with the penultimate described
course 412.53 feet to the West line of the East 412.50 feet of the West half of the
Northwest quarter;thence Southerly along said West line,210.36 feet to the point of
beginning(excepting therefrom that part thereof lying Easterly of the Westerly line of
Randall Road).
And also; that part of the West half of the Northwest quarter of Section 28,
Township 41 North,Range 8 East of the Third Principal Meridian described as
follows: Beginning at the Southeast corner of the West half of said Northwest
quarter;thence Westerly along the South line of the West half of said Northwest
quarter 412.50 feet; thence Northerly parallel with the East line of the West half of
said Northwest quarter 317.47 feet; thence Easterly along a line forming an angle
of 90°41' to the right with the prolongation of the last described course, a distance
of 412.53 feet to the East line of the West half of said Northwest quarter; thence
Southerly along said East line 310.06 feet to the point of beginning together with
that part of Bowes Road lying Northerly of the Southerly right of way line of said
road from the Southerly extension of the Westerly line of the Easterly 412.50 feet
of said West half to the Westerly right of way line of Randall Road(excepting
therefrom that part thereof lying Easterly of the Westerly line of Randall Road),
all in Elgin Township, Kane County, Illinois and collectively containing 3.921
acres more or less(Property Commonly Known as 2400 Bowes Road).
Such real estate is part of the South Elgin Countryside Fire District and this Notice is served
upon you pursuant to the provisions of Section 5/7-1-1 of Chapter 65 of the Illinois Compiled
Statutes.
This matter will be considered by the City Council of the City of Elgin at its Council meeting in
the City Hall Council Chambers, 150 Dexter Court, Elgin,Illinois, on Wednesday, October 22,
2003, at 7:00 p.m.
City of Elgin
Dolonna Mecum
City Clerk
AFFIDAVIT OF SERVICE
STATE OF ILLINOIS )
COUNTIES OF KANE AND COOK)
Dolonna Mecum,being first duly sworn, deposes and says an oath that as City Clerk of the city
of Elgin she did cause the foregoing notice to be served upon the Trustees of the South Elgin
Countryside Fire District, and each of them by mailing true and correct copies of the same by
certified mail to the said Trustees at the addresses set forth below their names this September 25,
2003,by depositing the same in the United States Mail at Elgin, Illinois, certified,postage
prepaid.
Dolonna Mecum, City Clerk
SUBSCRIBED and SWORN to before me
September 25, 2003.
Notary lic
i
"OFFICIAL SEAL"
MARY GIFFORT
i Notary Public,State of Illinois
i
My Commission Expires 06/13/04 5
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Petition 46 03 1 F ` i ;, i r,, ; _ I ; ; i iJ
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;ation Map
2400 Bowes Rd.
Elgin, Illinois N
700 0 100 I eet
If using this form to respond, please mark the location of your property on the map.
LEGALS LEGALS
as follows: You are further notified that
1 hat part of the West half of said proposed Annexation
the northwest quarter of Agreement may be
Section 28, Township 41 changed,altered,modified,
North, Range 8 East of the amended or revised in Its
Third Principal Meridian, entirety after the public
described as follows: Corn- hearing.
mencing at the Southeast All interested parties ore in-
corner of the West half of vited to attend the public
said Northwest Quarter; hearing and will be given an
thence Westerly along the opportunity to be heard.
South line of the West half of By order of the Corporate
said Northwest quarter, Authorities of the City of El-
412.50 feet; thence North- gin, Kane and Cook Coun-
erly parallel with the East ties,Illinois.
line of the West half of said City of Elgin
Northwest quarter, 317.47 Dolonna Mecum
feet for the point of begin- City Clerk
ning;thence Easterly along 414074
a line forming an angle of
90°41'to the right with the
prolongation of the last de-
scribed course, 412.53 feet
to the East line of the West
half of said Northwest quar-
ter;thence Northerly along
said East line, 210.36 feet;
thence Westerly parallel
with the penultimate de-
scribed course 412.53 feet to
the West line of the East
412.50 feet of the West half
of the Northwest quarter;
thence Southerly along said
West line,210.36 feet to the
point of beginning (except-
ing therefrom that part
thereof lying Easterly of the
Westerly line of Randall
Road).
And also; that part of the
West half of the Northwest
quarter of Section 28,Town-
ship 41 North,Range 8 East
of the Third Principal Meri-
dian described as follows:
Beginning at the Southeast
corner of the West half of
said Northwest quarter;
thence Westerly along the
South line of the West half of
said Northwest quarter
412.50 feet; thence North-
erly parallel with the East
line of the West half of said
Northwest quarter 317.47
feet;thence Easterly along
a line forming an angle of
90°41'to the right with the
prolongation of the last de-
scribed course, a distance
of 412.53 feet to the East line
of the West half of said
Northwest quarter; thence
Southerly along said East
line 310.06 feet to the point
of beginning together with
that part of Bowes Road ly-
ing Northerly of the South-
erly right of way line of said
road from the Southerly ex-
tension of the Westerly line
of the Easterly 412.50 feet of
said West half to the West-
erly right of way line of Ran-
dall Road(excepting there-
-"`°" from that part thereof lying
9/
NOTICE 9/ 3O Easterly of the Westerly
PUBLIC HEARING line of Randall Road),all in
ON ANNEXATION AGREE- Elgint Township, Kane
County, Illinois and collec-
MENTELGIN tively containing 3.921
ELGIN,CITY COUNCILILLINOIS acres more or less(Proper-
On Wednesday,October 22, 2400ty Commonly Known as
at 7:00 p.m.,a public hear- ItisBowes Road).
that
sub-
ing will be held by the Cor- j t proposed that the porate Authorities of the sect property be zoned PAB
Planned Area Business Dis-
trice
City of Elgin, in the Elgin
City Hall Council Chambers, as provided in the An-
150 Dexter Court,Elgin,Iili- devetion Agreement. The
de-
nois,for the purpose of con- vdeveloper ssite with to 8600
sidering and hearing testi- squareglar the footte with a commercial
mony as to a proposed an- commercial
nexation agreement by the building.su a propertyccurate map
ro-
City of Elgin, Illinois, of a of the tobje atnd the
tract of property compris- posed to be annexed form o the
ing approximately 3.4 acres City of Elgin and te of
of land located at 2400 the proposed Annexatione
Bowes Road in Elgin Town- Agreement ore on file with
ship and legally described the City Clerk.
_-__n
VERIFICATION REPORT
�
{ TRAN5M1ss10N
___ J
TIME : 09/25/2003 00:01
DATE,TIME 09/25 07:55
FAX NO. /NAME 9184 0887/14
DURATIOI i 00:05:13
PAGE(S) 0
RESULT OK
MODE STANDARDi' '`' 02 y 01 4e-t-P-4-,
L
``gy m OF E`C�'{�• �k City of Elgin
_ �0 Mayor
Ed Schock
Or(4 r i n
Council Members
Juan Figueroa
Robert Gilliam
Ruth Munson
John Walters
Stuart Wasilowski
Marie Yearman
FAX COVER SHEET
Date: September 25, 2003 Number of Pages:
.12 -
(Including Cover Sheet)
From: Loni Mecum
Department: City Clerk
Phone: 847-931-5660
Fax #: 847-931-6027
To: Shellie Solner
Fax #: cy�7 J-s' - 7 7 / Y
Comments:
Please call. : to advise me the date(s ) the three enclosed public
hearing notices regarding annexations will be published, which
must be no later than October 7, 003 .
eQ .A-pO itt— Jl crgrol ,tgt.O iN..
/ t.,,w /
fCJJ -- 477--- f
cav70_ ( A.401,,./.0
If you do not recrve 11 the pages,please contact Loni Mecum at 847-931-5660 as soon as possible.
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
® www.cityofelgin.org
www.cityofelgin.org
Printed on r r
oFE(Ci
City of Elgin
►�', Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
Marie Yearman
City Manager
September 25, 2003 David M. Dorgan
Ms. Shellie Solner
The Courier News
300 Lake Street
Elgin, IL 60120
Re: Proposed Annexation of Territory Located at 2400 Bowes Road
Dear Shellie:
A copy of Notice of Public Hearing on proposed Annexation Agreement
regarding the above property is enclosed. Said public hearing is scheduled for
Wednesday, October 22, 2003, at 7 p.m. Please publish this as a legal document
no later than October 7, 2003. However, the document may be published sooner
than the deadline listed.
Please contact me at 931-5660 upon receipt of this letter and advise me of the
publication date of this notice and if you have any questions.
Sincerely,
Dolonna"Loni" Mecum, CMC
City Clerk
847-931-5660
DKM/JJq
Enclosure
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610 •TDD 847/931-5616
www.cityofelgin.org
® Panted on recycled paper
NOTICE OF PUBLIC HEARING
ON ANNEXATION AGREEMENT
ELGIN CITY COUNCIL
ELGIN, ILLINOIS
On Wednesday, October 22, 2003 at 7:00 p.m., a public hearing will be held by the
Corporate Authorities of the City of Elgin, in the Elgin City Hall Council Chambers, 150
Dexter Court, Elgin, Illinois, for the purpose of considering and hearing testimony as to a
proposed annexation agreement for the annexation by the City of Elgin, Illinois, of a tract
of property comprising approximately 3.4 acres of land located at 2400 Bowes Road in
Elgin Township and legally described as follows:
That part of the West half of the northwest quarter of Section 28,Township 41
North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Southeast corner of the West half of said Northwest
Quarter; thence Westerly along the South line of the West half of said
Northwest quarter,412.50 feet; thence Northerly parallel with the East line of
the West half of said Northwest quarter,317.47 feet for the point of beginning;
thence Easterly along a line forming an angle of 90°41' to the right with the
prolongation of the last described course,412.53 feet to the East line of the West
half of said Northwest quarter; thence Northerly along said East line, 210.36
feet; thence Westerly parallel with the penultimate described course 412.53 feet
to the West line of the East 412.50 feet of the West half of the Northwest
quarter; thence Southerly along said West line, 210.36 feet to the point of
beginning(excepting therefrom that part thereof lying Easterly of the Westerly
line of Randall Road).
And also; that part of the West half of the Northwest quarter of Section 28,
Township 41 North, Range 8 East of the Third Principal Meridian described
as follows: Beginning at the Southeast corner of the West half of said
Northwest quarter; thence Westerly along the South line of the West half of
said Northwest quarter 412.50 feet; thence Northerly parallel with the East
line of the West half of said Northwest quarter 317.47 feet; thence Easterly
along a line forming an angle of 90°41' to the right with the prolongation of
the last described course, a distance of 412.53 feet to the East line of the West
half of said Northwest quarter; thence Southerly along said East line 310.06
feet to the point of beginning together with that part of Bowes Road lying
Northerly of the Southerly right of way line of said road from the Southerly
extension of the Westerly line of the Easterly 412.50 feet of said West half to
the Westerly right of way line of Randall Road (excepting therefrom that
part thereof lying Easterly of the Westerly line of Randall Road), all in Elgin
Township, Kane County, Illinois and collectively containing 3.921 acres more
or less (Property Commonly Known as 2400 Bowes Road).
It is proposed that the subject property be zoned PAB Planned Area Business District as
provided in the Annexation Agreement. The developer proposes to develop the site with a
8600 square foot commercial building. An accurate map of the subject property proposed
to be annexed to the City of Elgin and the form of the proposed Annexation Agreement are
on file with the City Clerk.
You are further notified that said proposed Annexation Agreement may be changed,
altered, modified, amended or revised in its entirety after the public hearing.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard.
By order of the Corporate Authorities of the City of Elgin, Kane and Cook Counties,
Illinois.
City of Elgin
Dolonna Mecum
City Clerk
Notice of Hearing
RESPONSE FORM
DATE: September 19, 2003
SUBJECT: Consideration of Petition 46-03 Requesting annexation, Annexation
Agreement, and a Map Amendment to PAB Planned Area Business
District to Permit the Establishment of an Eating Place and a Drinking
Place; Property Located at 2400 Bowes Road, by Nick Sarillo, as
Applicant, and Edwin L. Minard and Jolynne Cleveland, as Owners
IF USING THIS FORM TO RESPOND, PLEASE:
• Write your name and address at the bottom of this page.
• Return in the postage-paid envelope enclosed.
• If you would like your response to be reviewed at the Planning
and Development Commission's public hearing on October 6,
2003, please mail this form back as soon as possible.
• Use the following space for any comments:
NAME:
a DDRESS:
Loni Mecum - Re:2400 Bowes Road Page 1
From: Todd Wyatt
To: Mecum, Loni
Date: 9/12/03 8:59AM
Subject: Re: 2400 Bowes Road
There are presently in the South Elgin Fire Protection District,which has been confirmed at the County
Clerks Office.
Bowes Road is under Kane County jurisdiction.
>>> Loni Mecum 9/11/2003 3:23:47 PM >>>
Todd,
Have you verified that this property is in the South Elgin Countryside Fire District?
Also, is there a township road included in the property to be annexed?
Loni
September 11, 2003
TO: Mayor and Members of the City Council
FROM: David Dorgan, City Manager
Todd Wyatt, Associate Planner
SUBJECT: Request to Set Annexation Agreement Hearing Date
Nick's Pizza (Petition 46-03)
PURPOSE
Consideration of a Request to Set an Annexation Agreement Hearing Date, Property Located at 2400
Bowes Road by Nick Sarillo as Applicant, and Edwin L. Minard and Jolynne Cleveland as Owners.
BACKGROUND
An application has been filed by Nick Sarillo,requesting annexation,an annexation agreement,and a
map amendment to PAB Planned Area Business District.The subject property is located at 2400 Bowes
Road.
The applicant is proposing to enter into an annexation agreement with the City. The applicant is
proposing to annex approximately 3.4 acres of land and develop it with an 8,600 square foot
commercial building.The proposed use for the building is a restaurant known as Nick's Pizza and Pub.
Accordingly,the applicant is requesting an October 22,2003 public hearing date to consider the terms
of the annexation agreement(reference attached letter).
RECOMMENDATION
Set the annexation hearing date for October 22,2003.