HomeMy WebLinkAbout07-202 Resolution No. 07-202
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
WITH TRINITY CHASE,L.L.C.
(3150 US Route 20)
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: August 8, 2007
Adopted: August 8, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
7/30/07
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into as of this 8th day of August, 2007, by and
between the City of Elgin,Illinois,a municipal corporation of the Counties of Cook and Kane,in the
State of Illinois (hereinafter referred to as the "City"), and Trinity Chase, LLC, a limited liability
company, (hereinafter referred alternatively as the "Owner" or "Developer").
WHEREAS, Owner is the owner of record of the real property described in Exhibit "A",
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 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.); and
WHEREAS,the Subject Property is located within the Pingree Grove and 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 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 mutual promises and covenants contained
herein,the sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows:
1. 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.),and in the exercise of the home rule
power of the City.
2. The Corporate Authorities, within 30 days following: (a) the execution of this
Agreement, (b) the receipt of a current title report verifying the owner 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 of a certified copy of the ordinance annexing the Subject Property
to the Fox River Water Reclamation District ("FRWRD"), and (e) the receipt by the City of the
Owner's payment of the disconnection fee to the Pingree Grove and Countryside Fire Protection
District referred to in Section 33 hereof,shall pass an ordinance annexing the Subject Property to the
City. By mutual agreement of the City and Owner, said annexation may be in one or more phases.
The Annexation Plat(s)for the subject ordinance(s)shall be in the form of Exhibit B attached hereto
and made a part hereof.
3. A.Immediately after the passage of the ordinance(s)annexing the Subject Property,as
provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the following
ordinances and resolution:
i. an ordinance zoning a portion of the property in the PSFR2 Planned Single
Family Residence District in the form attached hereto in Group Exhibit C.
ii. an ordinance zoning a portion of the property in the PMFR Planned Multiple
Family Residence District in the form attached hereto in Group Exhibit C.
iii. an ordinance zoning a portion of the property in the PAB Planned Area
Business District in the form attached hereto in Group Exhibit C.
iv. an ordinance zoning a portion of the property in the PCF Planned Community
Facility District in the form attached hereto in Group Exhibit C.
v. a resolution approving the Preliminary Plat of Subdivision for the Subject
Property prepared by JAS Associates,Inc.,dated last revised March 17,2005
(hereinafter referred to alternatively as"the Preliminary Plat of Subdivision",
"Development Plan" or "Development") a copy of such Preliminary Plat of
Subdivision being attached hereto as Exhibit D.
B. Except as otherwise provided for in this agreement no changes or amendments in the
zoning ordinance of the City which shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless applicable to all comparable areas
of the City.
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C. The Subject Property and the Development contemplated herein shall be developed in
substantial conformance with the Preliminary Plat of Subdivision. Engineering for the Subject
Property and the Development contemplated herein shall be in substantial conformance with the
Preliminary Engineering Plans prepared by JAS Associates,Inc.,dated last revised March 17,2005,
attached hereto as Exhibit E (hereinafter referred to as the "Preliminary Engineering Plans").
Notwithstanding the foregoing,the Preliminary Engineering Plans and the final engineering plans for
the Subject Property shall be revised to provide(1)for the Owner and Developer dedicating to the
City at no cost to the State of Illinois and/or the City additional right-of-way for Route 20 consisting
of a 60'dedication from the existing center line of Route 20 into the Subject Property;and(2)for the
utilities on the Subject Property to be located consistent with the City's policy thereon whereby the
sanitary sewer shall be located under the center line and pavement of the streets with the water and
storm sewer lines being located within the public right-of-way in the opposing parkways. Owner and
Developer shall provide the City the plat of dedication for such 60'wide dedication for Route 20 in a
form as approved by the City Engineer within thirty(30) days after the annexation of the Subject
Property and prior to the issuance of any construction permits for the Subject Property. The City and
the Owner agree to make reasonable modifications to the Preliminary Plat, subdivision plat,
Preliminary Engineering and/or the landscaping plans to solve engineering, layout and/or design
problems not reasonably foreseeable at the time of the execution of this Agreement, provided that
such changes are in substantial conformance with the approved Preliminary Plat of Subdivision,and
do not increase the total number of dwelling units which may be constructed on the Subject Property
as contemplated in the Preliminary Plat of Subdivision. The parties agree that changes to planned
developments provided for in Elgin Municipal Code Section 19.60.200, as amended, may be
approved by the City's Development Administrator without public hearings and without formal
amendment to this agreement.
D. Notwithstanding anything to the contrary in this Agreement,prior to development of
the portion of the property zoned in the PAB Planned Area Business District, the Owner and
Developer of the Subject Property shall be required to submit a development plan to the City for
such portion of the property zoned in the PAB Planned Area Business District for a public hearing
and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments,of
the Elgin Municipal Code, 1976, as amended.
E. Developer shall be allowed to seek final approval for the subdivision of portions of
the Subject Property as depicted in the Preliminary Plat of Subdivision 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 Developer
may determine, and as the City may approve. The City shall approve final plats of a planned
development, subdivision or resubdivision as submitted if such plat or plats are consistent with(i)
applicable ordinances,(ii)sound engineering practices(iii)the Preliminary Plat of Subdivision and
the Preliminary Engineering Plans, and(iv)the terms and conditions of this Agreement.
F. Developer shall be responsible at its cost for the construction and installation of those
off-site and on-site public improvements and utilities consisting of storm sewers, sanitary sewers,
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water mains, streets 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 for the Subject Property. Notwithstanding anything to the contrary in
this Agreement, all utilities including, but not limited to, water, sanitary sewer, storm sewer,
telephone, electric, gas and cable television lines, as are needed to service the Subject Property,
whether off-site or on-site,shall be installed under ground at Owner and Developer's cost. Except as
otherwise specifically provided herein, public improvements shall be required only for those areas
which are included in each final plat or plats of planned unit development, subdivision, or
resubdivision except for such off-site public improvements,including but not limited to water main
loops, sanitary sewer facilities, and storm water management facilities as the City may reasonably
require based upon generally accepted engineering standards. Adequate security as provided by law
shall also be furnished by Developer for any such improvements. Developer shall dedicate to the
City,and,the City shall accept,all municipal utility easements,including water,sanitary sewer,and
storm sewer easements to detention/retention facilities,if any,included in each phase of the project
and shall also grant easements to applicable utility companies for gas,electric,telephone,and cable
television; all of such easements and facilities shall be consistent with the City ordinances and
practices regulating condition,placement, use and size of easements.
4. Owner represents that off-site utility easements required to service the Subject
Property are described on Exhibit F. 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 all 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 and
acquisitions 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.
5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17--
Development Impact Fees, as amended, and pay the fees when due as required therein.
Notwithstanding the foregoing,Owner and Developer shall pay to the City a school district capital
improvement contribution and a school district transition fee according to the formula set forth in
Exhibit G attached hereto in lieu of the school district capital improvement development impact fee
provided for in Elgin Municipal Code Section 17.04.010. Notwithstanding the foregoing, Owner
and Developer shall also pay to the City a library district capital improvement contribution
according to the formula set forth in Exhibit G attached hereto in lieu of the library district capital
improvement fee provided for in Elgin Municipal Code Section 17.04.040. Such school district
capital improvement contribution, school district transition fee and library district capital
improvement contribution shall be paid on a per unit basis(per single family dwelling unit)prior to
or concurrent with the issuance of a building permit. Owner and Developer shall also comply with
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City of Elgin Ordinance No.G2-02,as amended,and Ordinance No.G3-02,as amended,and shall
pay to the City the park capital improvement contribution and the public safety building capital
improvement contribution as required therein. Owner/Developer hereby represent and agree that
they are paying the fees and contributions to the City provided for in this paragraph and this
Agreement as an inducement to the City to annex the Subject Property. Owner/Developer further
agree that the contemplated fees and cash contributions to the City for the improvements or
undertakings which may ultimately be constructed or performed by the City with such fees and cash
contributions are acknowledged and agreed to be specifically and uniquely attributable to the future
development of the Subject Property and the public improvements or undertakings contemplated by
such fees and cash contributions will not otherwise be anticipated by the City absent the annexation
of the Subject Property. Owner and Developer on behalf of themselves and their successors,assigns
and the grantees of their properties, further hereby acknowledge the propriety, necessity, and
legality of the fees and contributions provided for in this paragraph and in this Agreement,as same
may be amended by the City,and do further hereby agree and do waive any and all rights to any and
all legal or other challenges or defenses to the fees and contributions provided for in this paragraph
and in this Agreement and hereby agree and covenant on behalf of themselves and their successors,
assigns and grantees of their properties not to sue the City or maintain any legal action or other
defense against the City with respect to such fees and contributions.
B. The calculation of the City's impact fees under current ordinances is attached hereto
as Exhibit G. Notwithstanding anything to the contrary in this Agreement, it is agreed and
understood that the Subject Property and the Owner and Developer and their successors and assigns
shall be subject to and shall be required to pay any and all new and/or increased fees or other
contributions adopted by the City. Owner and Developer on behalf of themselves and their
successors,assigns and the grantees of their properties,hereby acknowledge the propriety,necessity
and the legality of any such new and/or increased fees or other contributions and do further hereby
agree and do waive any and all rights to any and all legal or other challenges or defenses to any such
new and/or increased fees and/or contributions and hereby agree and covenant on behalf of
themselves and their successors, assigns and grantees of their properties not to sue the City or
maintain any legal action or other defense against the City with respect to any such new and/or
increased fees and/or contributions. Notwithstanding anything to the contrary in this Agreement it
is further agreed and understood that in no event and under no circumstances shall the Owner and/or
Developer and/or their successors and assigns pay fees and such other contributions less than the
amounts in effect as of the entry into this Agreement. Nothing herein prevents the Developer from
prepaying any impact fees in order to avoid subsequent impact fee increases.
6. Owner and Developer agree that,except as otherwise specifically set forth below in
this Agreement or in the Preliminary Plat of Subdivision attached hereto as Exhibit D,the Subject
Property shall be developed in conformance with any applicable open space policies included in the
City of Elgin Comprehensive Plan,date 2005,as amended,and is incorporated herein by reference.
7. Owner and Developer shall cause all portions of Subject Property depicted on a
Preliminary Plat as wetlands, screening berms and entry ponds, common open space area, storm
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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 the City's Corporation Counsel for review and approval prior to final plat approval,said
Declaration to be filed for recording,at Owner's expense,with the final plat of the applicable phase
of Subject Property as Owner may determine.
8. Except as specifically permitted pursuant to variation or planned development
approval, or paragraphs 9 and 10 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.
9. 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 paragraph shall not apply to any changes and/or increases in
fees and/or contributions imposed by the City.
10. 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.
11. 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 reimbursement and/or recapture
ordinances heretofore or hereinafter adopted by the City,and with payment of all applicable fees. At
Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois
Environmental Protection Agency(IEPA)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 the Final Engineering Plan
approved by the City Engineer for each phase of the development. Notwithstanding anything to the
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contrary in this Agreement, the design, plan review, construction, construction inspection and
construction administration for any interceptor sanitary sewer(s) to be constructed in conjunction
with the development of the Subject Property,whether off-site or on-site,shall also be in compliance
with the Far West's interceptor sewers policy for inspections and construction,dated April 30,2003.
12. 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 reimbursement and/or recapture
ordinances heretofore or hereinafter adopted by the City,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(IEPA)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 the Final Engineering Plans
approved by the City Engineer for each phase of the development.
13. 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 part from liability or obligations in this regard. Acceptance of public improvements
by the City shall be consistent with applicable City ordinances.
14. Owner and Developer agree to and shall pay to the City a contribution for roadway
improvements to the City in the amount of$3,500 per residential dwelling unit to be constructed on
the Subject Property. Such contribution for roadway improvements for residential dwelling units to
be constructed on the Subject Property shall be in lieu of the development contributions for roadway
for the residential portions of the development to be constructed on the Subject Property otherwise
due the City of Elgin pursuant to City of Elgin Ordinance No.G20-03. Owner and Developer further
agree to and shall pay to the City a contribution for roadway improvements to the City for
commercial buildings to be constructed on the Subject Property as provided for in City of Elgin
Ordinance No. G20-03. The roadway improvement contributions provided for herein shall be
increased annually as determined by the City. Owner and Developer hereby represent and agree that
they are contributing such roadway improvement contributions to the City as an inducement to the
City to annex the Subject Property. Owner and Developer further agree that the contemplated cash
contributions to the City for roadways and the road improvements which may ultimately be
constructed by the City with such cash contributions are acknowledged and agreed to be specifically
and uniquely attributable to the future development of the Subject Property and the public
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improvements contemplated by such cash contributions would not otherwise be anticipated by the
City absent the annexation of the Subject Property. Owner and Developer on behalf of themselves
and their successors, assigns and the grantees of their properties, further hereby acknowledge the
propriety,necessity,and legality of the roadway improvement contributions as provided for herein,
as same may be amended by the City,and do hereby further agree and do waive any and all rights to
any and all legal or other challenges or defenses to such roadway contribution and hereby agree and
covenant on behalf of themselves and their successors,assigns and the grantees of their properties,
not to sue the City or maintain any legal action or defense against the City with respect to such
roadway contributions. Said roadway contributions shall be paid on a per unit basis(per building)
concurrent with the issuance of a building permit.
15. All structures to be constructed on the Subject Property shall be designed,constructed
and maintained in conformance with the requirements of the planned development ordinance(s)
enumerated in paragraph 3 hereof The Declaration of Covenants, Conditions and Restrictions
referred to in Paragraph 7 hereof shall include and incorporate the design, construction and
maintenance requirements of the planned development ordinances. The Declaration or Declarations
of Covenants, Conditions and Restrictions shall also include provisions that any proposed
amendments to the provisions relating to the design,construction and maintenance of structures on
the Subject Property shall require the advanced approval of the City of Elgin and that the provisions
relating to the design,construction and maintenance of structures on the Subject Property shall also
be enforceable by the City of Elgin.
16. 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 foregoing,or anything else to the contrary in this agreement,
no action shall be commenced by the Owner and/or Developer, or any of their successors, assigns
and/or the grantees of their properties, against the City, its officials, officers, employees, agents,
attorneys or any other related entity of person, for monetary damages.
17. This Annexation Agreement shall be in effect for a period of twenty(20)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.
18. 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.
19. 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 judgment or decree shall relieve
the City from performance under such invalid provision of this Agreement.
20. This Agreement can be amended,in writing,at any time,by the mutual consent of all
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parties to this Agreement, in the manner provided by law.
21. 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,et
seq., as amended, to provide the City with the source of revenue for maintaining, repairing,
reconstructing or replacing the stormwater drainage system, detention and retention areas, special
management areas or other improvements located on the Common Area of the Subject Property
should the Owner or the property owners association owning the land on which such facilities or
improvement are located fail to perform maintenance, repair, reconstruction or replacement in
accordance with City ordinances or other applicable requirements of law. The Owner and any of the
Owner's successors in interest 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 Special Service Area is for the exclusive purpose of creating 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.
22. The Open Space Parcels,as identified on the Preliminary Plat of Subdivision attached
hereto as Exhibit D shall be developed by the Developer in accordance with such Preliminary Plat of
Subdivision. The Developer shall convey the Open Space Parcels to the Trinity Chase Property
Owners Association.
23. Whenever consent or approval of the City is required in order for Developer 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.
24. 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 Developer shall forthwith
proceed to correct such violations as may exist.
25. 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 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
Developer and the applicant as to wherein the application does not conform to the stated section of
the Code. 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 26 hereof
26. The City agrees to issue Certificates of Occupancy within a reasonable time(which,
in any event, shall not exceed 10 business days)after application or to issue a letter of denial within
said period of time informing Developer 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
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of Occupancy and quoting the section of the Code relied upon by the City in its request for
correction. The City 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,zoning ordinance requirements and other applicable requirements of law,
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(125%)percent of the
cost of any incomplete site work. The City shall allow one master bond at a mutually agreed upon
amount to cover any incomplete work for multiple numbers of dwelling units,which amount shall be
increased in the event the City determines that the amount of the bond is insufficient.
27. A.It is agreed and understood that prior to the construction of any streets or any other
public improvements, Developer shall submit the required plans, final plat, specifications and
engineer's estimate of probable cost, for approval by the City Engineer, as provided herein, after
which and upon providing the required surety bond, the Developer may proceed to construct said
streets and other public improvements. Upon installation of the asphalt base course and upon
completion of other portions of the improvements,the security shall be reduced to an amount which,
in the opinion of the City Engineer, is sufficient to ensure completion of the work yet to be
performed.
B. The acceptance of public improvements by the City shall(i)be accomplished within a
reasonable time after notice of completion by Developer and full compliance with applicable codes
and ordinances, (ii) follow the posting by Developer of a guarantee bond acceptable to the City in
accordance with applicable ordinances,and(iii)be made only by the passage of a resolution by the
City Council of the City after filing with the City Clerk of a certificate by the City Engineer
certifying that all such improvements have been completed and the construction or installation
thereof has been approved by him. If appropriate under the circumstances,such acceptance shall be
in phases, as such phases are complete.
C. From and after the acceptance of any public improvements by the City, such public
improvements shall be maintained,reconstructed,repaired,and replaced by the City and all cost and
expense of operation, maintenance, repair, reconstruction, and replacement of such public
improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable
alternative(such as an irrevocable letter of credit or a cash deposit)shall be provided in accordance
with ordinances of the City.
D. It shall be a condition to the City's obligation to accept dedication of any public
improvement that the dedication of such improvement be accompanied by the grant of appropriate
easements to permit the City to carry out its responsibilities with respect to such improvements.
28. 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
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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.
29. A. Notwithstanding anything to the contrary in this Agreement, Owner and
Developer agree that Owner and Developer shall be solely responsible at their cost for applying for
and obtaining from the State of Illinois and/or the Illinois Department of Transportation and/or the
City any and all permits necessary authorizing access from the Subject Property to Route 20 and/or
to authorize the construction of the fourth leg of Nesler Road.
B. Owner and Developer shall also dedicate any additional right-of-way at no cost to the
State of Illinois and/or the City necessary or required to obtain access from the Subject Property to
Route 20 and/or to authorize and provide for the construction of the fourth leg of Nesler Road
including, but not limited to, any widening, additional lanes and/or signalization. Owner and
Developer shall also be responsible at their cost for the design and construction of any improvements
necessary or required to obtain access from the Subject Property to Route 20 and/or to authorize and
provide for the construction of the fourth leg of Nesler Road including, but not limited to, any
widening, additional lanes and/or signalization.
C. Owner and Developer shall also dedicate at no cost to the State of Illinois and/or the
City such additional right-of-way for future improvements to Route 20 as determined by the City
Engineer. It is agreed and understood that the minimum dedication on the Subject Property for
additional right-of-way for U.S. Route 20 shall consist of a 60'dedication from the existing center
line of Route 20 into the Subject Property.
D. The right-of-way dedications for Route 20 and Nesler Road, either for current
improvements required to obtain access to Route 20 and to construct the fourth leg of Nesler Road,
or for such additional right-of-way dedications for future improvements to Route 20 as determined
by the City Engineer, shall be incorporated in the Final Engineering Plans for the Subject Property
and the Final Plat of Subdivision as approved by the City Engineer or, if directed by the City
Engineer, shall be made upon the request of the City Engineer prior to the approval of Final
Engineering Plans and the Final Plat of Subdivision for the Subject Property. The plat(s) of
dedication providing for such dedications shall be in a form as approved by the City Engineer.
E. The Developer and the City are currently contemplating that the Developer will be
requesting from the Illinois Department of Transportation access from the Subject Property to Route
20 by providing interim improvements to Route 20 for a so-called three lane cross-section and
providing for the construction of the north leg of the intersection of Route 20 and Nesler Road
including the further signalization thereof. The Developer's proposed interim improvements to U.S.
Route 20 providing for such three land cross-section and the construction of the north leg of Route
20 and Nesler Road are depicted in the U.S.Route 20 exhibit prepared by JAS Associates,Inc.,dated
April 20, 2007,to be revised pursuant to the comments of the City Engineering Department dated
May 11, 2007, and as required by the Illinois Department of Transportation, such plans being
attached hereto as Exhibit H (such plans are hereinafter referred to as the "Concept Plans for
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Proposed Interim Improvements to U.S. Route 20"). It is agreed and understood that such Concept
Plans for the Proposed Interim Improvements to U.S.Route 20 are conceptual in nature and may be
revised as directed by the Illinois Department of Transportation in order to obtain permit approval for
such Interim Improvements. Developer shall pay all of the costs for the improvements to Route 20
and for the construction of the north leg of Nesler Road. The City agrees to reasonably cooperate
with the Illinois Department of Transportation for the planning the permanent improvements to the
subject area of Route 20 to provide for a future five lane cross-section thereof. In the event the
Illinois Department of Transportation requires the Developer to construct a five lane cross-section
for Route 20 in order to obtain access to Route 20 from the Subject Property rather than the proposed
interim three lane cross-section as generally and conceptually set forth in Exhibit H attached hereto,
it is agreed that the additional costs for the Developer to construct such five lane cross-section rather
than the interim three lane cross-section shall be credited against the roadway contribution Owner
and Developer are otherwise obligated to pay to the City pursuant to Paragraph 14 hereof. In the
event the additional costs for the Developer to construct such a five lane cross-section rather than the
interim three lane cross-section exceed the amounts of the roadway contribution Owner and
Developer are otherwise obligated to pay to the City pursuant to Paragraph 14 hereof,the City agrees
to reimburse the Developer such additional differential costs from roadway contributions received by
the City from other property owners in the Route 20 service area as identified by the City. In the
event the Illinois Department of Transportation requires the Developer to construct a five lane cross-
section for Route 20 in order to obtain access to Route 20 from the Subject Property rather than the
proposed interim three lane cross-section as generally and conceptually set forth in Exhibit H
attached hereto,and the construction of such a five lane cross-section requires the use of property for
right-of-way that is not under the ownership or control of the Owner and/or Developer, the City
agrees, to the extent permitted by law, to use its eminent domain power to secure such additional
right-of-way at no cost to the Owner and/or Developer.
30. A. Prior to the commencement of the construction and final plat approval for each
unit,the Developer shall submit to the City Zoning Administrator a plan showing the location of all
proposed temporary construction and sales trailers/offices,including parking areas,fencing,signage
and landscape treatment. Said plan shall also indicate the one general location of where all
construction and material storage trailers other than the trailers for the sales office shall be located.
The Developer shall be permitted one (1) construction trailer and six (6)material storage trailers.
The Developer shall have the right to use the construction and material storage trailers for the
purpose of its construction and sales activities until construction is completed on the Subject
Property. The Developer shall keep such area free of debris and rubbish and keep the area free of
weeds and in a mowed condition,and the City may inspect such area from time to time to determine
that Developer is in compliance with its obligations hereunder.
B. Construction of temporary facilities shall be in compliance with the provisions of the
City's building code,except that sewer and water need not be connected to the temporary facilities.
Paved drives and parking areas (weather permitting) shall be provided to accommodate vehicular
access to all temporary sales trailers/office facilities. The Developer agrees to hold the City harmless
for any liability associated with the installation and operation of any temporary facilities.
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31. A.Prior to final plat and engineering approval for any phase of the development and
in advance of completing the installation of sanitary, storm drainage system, water mains and
roadway improvements,the Developer shall be permitted at the Developer's sole risk,and without
any liability whatsoever to the City,to construct and maintain four(4) single family model homes
and one (1) Manor model home and associated sales offices ("Model Areas"); to construct and
maintain other appurtenant facilities for said model units,including temporary sales office marquee
and temporary sanitary and water facilities subject to any required permits from the applicable health
department(if the same are not operated as"dry"models),and to construct and maintain temporary
parking areas.Developer may construct and operate"dry"models.A condition of approval shall be
that the City's Development Administrator and the City's Fire Marshall or his designee are satisfied
that access to the Model Area is safe and adequate. If, at the time the use of the models is
commenced,weather conditions will not permit the paving of the access drive and parking areas for
such models, access and parking may be stone or gravel and paving shall occur when weather
conditions permit.The Developer shall have the right to occupy and use said models,as well as their
garages, for sale, sales promotions and offices for sales personnel,all as may be desirable or in any
way connected with the sales of dwellings on the Subject Property.
B. Construction of models shall be in compliance with the provisions of the City's
Building Code, except that sewer and water need not be connected to the models so long as the
Developer provides temporary water and sanitary facilities in accordance with applicable City and
County regulations; and provided further, that each model shall not be occupied for residential
dwelling purposes until such time as the public improvements are sufficiently completed for the City
to issue a Certificate of Occupancy.
C. Notwithstanding any City ordinances to the contrary,for as long as the Model Area is
used for selling dwelling units, the Developer shall have the right to erect fencing on a temporary
basis that entirely encloses the Model Area and directs Model Area traffic. It is further understood
that successor developers shall be entitled to signs and models in replacement of those to which
Developer is entitled.It is understood that signs and fences provided for in this Paragraph 31 shall be
subject to the approval of the City Zoning Administrator and that no signs or fences shall be placed
upon the public right-of-way.
D. To the fullest extent permitted by law,Owner and Developer,on behalf of themselves
and each of their successors, assigns and grantees of the Subject Property agree to and shall
indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents,
board and commissions from and against any and all claims,suits judgments,costs,attorneys' fees,
expert witness fees and expenses,damages or other relief, in any resulting from or arising out of or
alleged to be resulting from or arising out of the Model Homes,associated sales offices,Model Area,
and/or the use thereof. In the event of any action against the City,its officials,officers,employees,
agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, defend and
hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of
which will be paid for by the Owner and Developer.
E. At such time as the City has approved building plans for any model of a dwelling unit
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(including extras or options), the same shall constitute a "master approval" of the plans for such
model. Thereafter, subsequent building permit applications for any model which conforms to the
plans for which a master approval has been made shall include documentation customarily required
for building permit applications but shall not be required to include additional copies of building
plans. The Developer shall provide the city with sufficient copies of plans for which master approval
has been given,for use in the field as dwelling units are constructed. Nothing contained herein shall
relieve Developer from the obligations to pay permit fees for each dwelling unit for which a building
permit is sought.
32. Developer shall at all times post in a conspicuous place within the sales office,a copy
of the Development Plan and a map designating surrounding land uses and public properties on
adjacent lands.
33. Notwithstanding anything to the contrary in this Agreement,not more than thirty(30)
days following the entry into this Agreement and prior to the annexation of the Subject Property and
prior to any building permits or other development approvals being issued for the Subject Property,
Owner and Developer agree to and shall pay to the Pingree Grove and Countryside Fire Protection
District a disconnection fee in the amount of$225 per acre for the Subject Property. The total
acreage for such per acre disconnection fee shall be the total acreage of the Subject Property to be
annexed including, but not limited to, any adjacent right-of-way areas to be annexed, all as
determined by the City. Owner and Developer shall pay such disconnection fee by tendering a
check payable to the Pingree Grove and Countryside Fire Protection District to the City of Elgin.
Such disconnection fee shall be in lieu of the disconnection fee otherwise provided for pursuant to
70 ILCS 705/20(e). Owner and Developer on behalf of themselves and their successors,assigns and
grantees of their property hereby acknowledge the propriety, necessity, and legality of such
disconnection fee and do further hereby agree and do waive any and all rights to any and all legal or
other challenges or defenses to such disconnection fee provided for in this section and hereby agree
and covenant on behalf of themselves and their successors,assigns and grantees of their properties
not to sue the City or maintain any legal action or other defense against the City with respect to such
fee.
34. This Agreement is and shall be deemed and construed to be the joint and collective
work product of the City and Developer and,as such,this Agreement shall not be construed against
any 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.
35. Notwithstanding anything to the contrary contained in Paragraph 16 of the
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
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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 15 days following written notice of such delinquency.
It is expressly acknowledged and agreed that except as provided in subparagraph(b)above,
neither party shall have the right to seek or recover a judgment for monetary damage against the
other or their respective officers, directors, employees, agents or elected public officials.
36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code;
provided,however,that any limitations in the Illinois 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 3 hereof,are upon the express reliance by Developer that the terms
and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 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.
37. 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.
38. Except as otherwise provided herein,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 to a different
developer at any time during the terms of this Agreement,all of the obligations and responsibilities
of the Developer deriving from this Agreement for the parcel sold or otherwise conveyed to a
different developer shall devolve upon and be assumed by such developer, and the Developer as
herein defined shall be released from all obligations of the Developer which relate to the sold portion
of the Subject Property upon same being sold or conveyed.
39. 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 a nationally
recognized overnight courier,prepaid, addressed as follows:
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If to the City or to the Corporate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner/Developer:
Trinity Chase, LLC
372 River Ridge Road
Elgin, Illinois 60123
With a copy to: Stahl Cowen Crowley LLC
55 West Monroe Street, Suite 500
Chicago, IL 60603
Attention: Jeffrey J. Stahl, Esq.
40. If the Subject Property, or portions thereof, are currently used for the planting,
harvesting,housing,storage and selling of soil grown crops then the Subject Property or the portions
thereof used for such purposes may continue to be used from time to time for the planting,
harvesting, housing, storage and selling of soil crops grown on the Subject Property as lawful
nonconforming uses until such time as another use allowed under the City of Elgin Zoning
Ordinance is established or until it is under development as provided herein.
41. 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.
42. The City and Developer 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.
43. This Agreement shall insure to the benefit of,and be binding upon,the parties hereto,
the successors in title of the Owner and Developer, and each of them, their respective successors,
grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor
municipalities.
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44. This Agreement may be executed in any number of counterparts and duplicate
originals, each of which shall be deemed an original, but all of which shall constitute one and the
same instruments.
45. This Agreement constitutes a covenant running with the land composing the Subject
Property, binding upon the parties hereto, the successors in title of the Owner and Developer and
each of them, all grantees, successors, and assigns of the respective parties hereto, including
successor corporate authorities and successor municipalities of the City. The City may record a
memorandum of annexation agreement placing of record the terms,provisions and obligations of this
Agreement.
46. In the event any phrase,paragraph,article or portion of this Agreement is found to be
invalid or illegal by any court of competent jurisdiction,such finding of invalidity as to that portion
shall not affect the validity, legality or enforceability of the remaining portions of this Agreement.
47. The Owner and/or Developer and any of the Owner and/or Developer's successors in
interest shall not 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.
Without limiting the foregoing,the Owner and Developer on behalf of themselves and any of their
grantees and successors in interest hereby waive any and all rights, statutory or otherwise, to
disconnect the Subject Property from the City of Elgin.
48. It is agreed that in the event the Owner and/or Developer and/or or any of the Owner
and/or Developer's grantees and successors in interest,propose to amend the planned development
zoning ordinance(s) referred to in Paragraph 3 of this Agreement, above, then any such proposed
rezoning or amendment to such zoning ordinance(s)shall require the amendment of this Agreement
upon the terms and conditions which are acceptable to the City, in the City's sole discretion.
However,with respect to the requirement of the Owner's signature only the written approval of the
legal titleholder of the interest in the property affected by the amendment shall be required to effect
the initiation of a proposed amendment to this Agreement.
49. It is agreed and understood that the City may adopt an ordinance prohibiting parking
on the streets to be constructed on the Subject Property each day from 2:00 a.m.to 6:00 a.m. In the
event the City so elects to adopt such an ordinance so restricting parking on the streets on the Subject
Property, the Developer at its cost shall provide for and install signage throughout the Subject
Property as directed by the City Engineer.
50. A. Notwithstanding anything to the contrary in this Agreement,and in addition to
any other fees,contributions and other recaptures and/or reimbursements due or which may become
due from the Owner and/or Developer,Owner and Developer hereby consent and agree on behalf of
themselves,and each of their respective successors,assigns and grantees of the Subject Property to
pay the recapture and/or reimbursement for the costs of a portion of any off-site public improvements
constructed by the City and/or others,including,but not limited to,storm sewers,sanitary sewers,lift
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stations, water mains, and/or streets, and appurtenant structures, pursuant to any recapture and/or
reimbursement ordinance(s) heretofore or hereinafter adopted by the City and in such amounts as
determined by the City.
B. Notwithstanding anything to the contrary in this Agreement, and in addition to any
other fees, contributions and other recaptures or reimbursements due from the Owner and/or the
Developer, Owner and Developer hereby consent and agree on behalf of themselves, and each of
their respective successors,assigns and grantees of the Subject Property to pay the reimbursement for
the cost of a portion of the Otter Creek interceptor sewer and water mains as set forth in City
Ordinance No.T26-05. Payment shall be made prior to the recording of the final plat of subdivision
for each phase within the Subject Property and shall be calculated based upon the number of
dwelling units or acres in the subject final plat of subdivision all as set forth in Ordinance No. T26-
05.
C. Notwithstanding anything to the contrary in this Agreement, and in addition to any
other fees, contributions and other recaptures or reimbursements due from the Owner and/or the
Developer, Owner and Developer hereby consent and agree on behalf of themselves, and each of
their respective successors, assigns and grantees of the Subject Property that the Subject Property
shall be subject to and that all of the owners of any portion of the Subject Property with sanitary
sewer service and/or water service shall pay to the City of Elgin a monthly surcharge and additional
fee on sewer charges and rates and water charges and rates otherwise charged by the City of Elgin as
set forth in City of Elgin Ordinance No. T36-06, as amended.
D. Notwithstanding anything to the contrary in this Agreement, and in addition to any
other fees, contributions and other recaptures or reimbursements due from the Owner and/or the
Developer, Owner and Developer shall also pay a recapture to Crown Community Development,
and/or its related entity,for connection to the lift station on the so-called Foy property in an amount
and at a time as hereinafter approved by the City in a recapture agreement with Crown Community
Development for such lift station. In the event the Owner and Developer enter into a separate
agreement with Crown Community Development,and/or its related entity,regarding a recapture or
reimbursement to Crown Community Development for the lift station on the so-called Foy Property
Developer and Crown Community Development shall provide the City advance notice thereof and
Developer shall pay the reimbursement for such lift station pursuant to such separate agreement with
Crown Community Development.
E. Notwithstanding anything to the contrary in this Agreement, and in addition to any
other fees, contributions and other recaptures or reimbursements due from the Owner and/or the
Developer, Owner and Developer shall also pay to the City the sum of $2,019 per residential
dwelling unit on the Subject Property and the sum of$741 for each acre of commercial development
on the Subject Property as a reimbursement to the City for costs associated with the Trunk 20 sewer
line. Payment shall be made prior to the recording of the final plat of subdivision for each phase
within the Subject Property and shall be calculated based upon the number of dwelling units or acres
in the subject final plat of subdivision.
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F. Owner and Developer on behalf of themselves and their successors,assigns and the
grantees of the Subject Property,hereby consent and agree to the propriety,necessity and legality of
the reimbursements, recaptures, surcharges and other payments, charges and/or fees referred to in
Section 49 hereof and do further hereby agree and do waive on behalf of themselves and their
successors,assigns and the grantees of the Subject Property,any and all rights to any and all legal or
other challenges or defenses to the recaptures,surcharges and any other fees or payments referred to
in this Section 49 hereof and hereby agree and covenant on behalf of themselves and their
successors, assigns, and grantees of the Subject Property,not to sue the City or maintain any other
legal action or defense against the City with respect to such reimbursements,recaptures,surcharges
and any other payments, charges and/or fees.
51. Notwithstanding anything to the contrary in this Agreement,Owner and Developer
agree to deposit with the City the amount of fifty percent(50%)of the estimated cost as determined
by the City Engineer to design and construct a bridge over Sandy Creek. Such funds shall be
deposited with the City prior to the approval of final engineering plans for the Subject Property and
the approval of final engineering plans shall be subject to and contingent upon such deposit. Such
funds shall be held by the City until such time as the property to the north of the Subject Property is
proposed to be developed whereupon the City shall apply such funds to the cost of the design and
construction of such bridge over Sandy Creek.
52. Owner and Developer shall provide to the City upon request of the City a written
status report regarding the development of the Subject Property with information therein as requested
by the City which may,include among other matters,the current status of sale activities with respect
to the subject development of the Subject Property.
53. To the fullest extent permitted by law, Owner and Developer agree to and shall
indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents,
boards and commissions from and against any and all third party claims, suits,judgments, costs,
attorney's fees,expert witness fees and expenses,damages or other relief,in any way resulting from
or arising out of or alleged to be resulting from or arising out of the existence of this Agreement,the
provisions of this Agreement, the performance of this Agreement, the annexation of the Subject
Property, the zoning of the Subject Property, the development approvals provided for in this
Agreement and/or any other actions of the parties hereto provided for or arising from this Agreement.
In the event of any action against the City,its officials,officers,employees,agents,attorneys,boards
or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such
action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by
the Owner and Developer. Additionally, in the event of such third party action the Owner and
Developer agree to the extent permitted by law upon the written request of the City to attempt to
intervene in such proceedings and at Owner and Developer's expense to join the City in the defense
thereof.
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54. Owner and Developer on behalf of themselves and their respective successors,
assigns and grantees of their properties,hereby acknowledge the propriety,necessity and legality of
all of the terms and provisions of this Agreement,including but not limited to,the zoning ordinances
referred to in this Agreement and the various fees, contributions, recaptures, reimbursements,
dedications and/or improvements provided for,referred to or contemplated in this Agreement,and do
further hereby agree and do waive any and all rights to any and all legal or other challenges or
defenses to any of the terms and provisions of this Agreement and hereby agree and covenant on
behalf of themselves and their successors,assigns and grantees of their properties not to sue the City
or maintain any legal action or other defenses against the City with respect to any challenges of the
terms and provisions of this Agreement.
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set
their hands and seals and have caused this instrument to be executed by their duly authorized
officials and the corporate seal affixed hereto, all on the day and year first above written.
CITY OF ELGIN, a municipal OWNER/DEVELOPER
corporation
By(;;; By Z/4--c7/
Mayor
Attest: Attest:
City Clerk
F:\Legal Dept\Agreement\Annexation-Trinity Chase-clean-7-30-07.doc
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EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: PSFR2, PMFR, PAB and PCF Zoning Ordinances
Exhibit D: Preliminary Plat of Subdivision
Exhibit E: Preliminary Engineering Plans
Exhibit F: Listing of Offsite Utility Easements
Exhibit G: Impact Fees
Exhibit H: Concept Plan for Proposed Improvements to Route 20
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Exhibit A
That part of Sections 7, 8, 17 and 18, Township 41 North, Range 8 East of the Third Principal
Meridian,described as follows: Beginning at the Northwest corner of the Southwest Quarter of the
Southwest Quarter of Section 8 aforesaid;thence North 89 degrees 44 minutes 32 seconds East along
the North line of the Southwest Quarter of the Southwest Quarter of said Section 8, a distance of
489.96 feet; thence South 64 degrees East, a distance of 774.84 feet Deed (South 64 degrees 01
minutes 09 seconds East 775.22 feet measured)to the Northwest corner of Hidden Hills Subdivision,
a resubdivision of Lot 3 in the Second Addition to Moeller's Subdivision in part of Sections 8 and 17
aforesaid;thence South 21 degrees 30 minutes West,along the Westerly line of the said Hidden Hills
Subdivision,and along the Westerly line of Moeller's Subdivision,being a subdivision of part of the
Northwest Quarter of Section 17, Township and Range aforesaid a distance of 2948.46 feet Deed
(South 21 degrees 30 minutes 04 seconds West 2950.83 feet measured) to the center line of U.S.
Route 20; thence Northwesterly along said center line, being along a curve to the right having a
radius of 4326.96 feet, a distance of 269.71 feet Deed (269.99 feet measured); thence North 64
degrees 58 minutes 12 seconds West along said center line,being tangent to the last described curve,
a distance of 940.32 feet Deed (North 64 degrees 58 minutes 46 seconds West 940.31 feet
measured); thence North 20 degrees 33 minutes 52 seconds East a distance of 1371.20 feet Deed
(North 20 degrees 33 minutes 39 seconds East 1371.23 feet measured);thence North 64 degrees 14
minutes 06 seconds West,a distance of 823.30 feet Deed(North 64 degrees 24 minutes 47 seconds
West 824.84 feet measured); thence North 21 degrees 42 minutes 07 seconds East, a distance of
1395.38 feet Deed(North 21 degrees 46 minutes 25 seconds East 1397.55 feet measured); thence
South 81 degrees 12 minutes 49 seconds East,a distance of 747.40 feet Deed(South 81 degrees 13
minutes 03 seconds East 747.33 feet measured)to the East line of Section 7 aforesaid;thence South
00 degrees 10 minutes 51 seconds West,along said East line,a distance of 247.50 feet Deed(South 0
degrees 09 minutes 08 seconds West 247.16 feet measured)to the place of beginning.Being situated
in Elgin Township,Kane County, Illinois.
And also including any portions of U S Route 20 adjacent thereto which have not previously been
annexed into the City of Elgin.
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Exhibit B
Annexation Plat
MAP OF TERRITORY ANNEXED TO THE
CITY OF ELGIN , ILLINOIS
BY ORDINANCE No. PASSED
OF PROPERTY DESCRIBED AS:
That part of Sections 7,8,17 and 18,Township 41 North,Range 8 East of the Third Principal Meridian,described as follows: Beginning at the Northwest
corner of the Southwest Quarter a;the Southwest Quarter of Section 8 aforesaid;thence North 89 degrees 44 minutes 32 seconds East along the North line
of the Southwest Quarter of the Southwest Quarter of said Section 8,a distance of 489.96 feet;thence South 64 degrees East,a distance of 774.84 feet to
the Northwest corner of Hidden Hills Subdivision,a resubdivision of Lot 3 in the Second Addition to Moeller's Subdivision in part of Sections 8 and 17
aforesaid;thence South 21 degrees 30 minutes West,along the Westerly Tine of the said Hidden Hills Subdivision,and along the Westerly line of Moeller's
Subdivision,being a subdivision of part of the Northwest Quarter of Section 17,Township and Range aforesaid a distance of 2948.46 feet to the center line
of U.S.Route 20;thence Northwesterly along said center line,being along a curve to the right having a radius of 4326.96 feet,a distance of 269.71 feet;
thence North 64 degrees 58 minutes 12 seconds West along said center line,being tangent to the last described curve,a distance of 940.32 feet;thence
North 20 degrees 33 minutes 52 seconds East a distance of 1371.20 feet;thence North 64 degrees 14 minutes 06 seconds West,a distance of 823.30 feet,
thence North 21 degrees 42 minutes 07 seconds East,a distance of 1395.38 feet;thence South 81 degrees 12 minutes 49 seconds East,a distance of
747.40 feet to the East line of Section 7 aforesaid;thence South 00 degrees 10 minutes 51 seconds West,along said East line,a distance of 247.50 feet to
the place of beginning,and Also that part of U.S.Route 20 lying Southerly of the center lie of said road between the Easterly and Westerly property lines
extended Southerly.Being situated in Eigin Township,Kane County,Illinois,and containing 111.9856 Acres,more or less.
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STATE OF ILLINOIS) «
COUNTY OF KANE)ss
I,Alm/Coulson,an Minds Land Surveyor,do hereby certify that the above Is an acaaate map of territory annexed to the City of Elgin by Ordinance Number
ensded'An Ordinance Annexing Certain Territory in Township, County,Illinois',to the City of Elgin,Illinois,
passed by the City Councl of Elgin, AD.,
8•6, `i , C
\
Illinois Land - • No.2155 •
STATE OF ILLINOIS)
. COUNTY OF )ss . .
This Is to certify that this accurate map.of Territory Annexed is identified as that Incorporated Into and metle'At part of the City of Elgin Ordinance No.
adopted by the City Council of said City on the Day of .
Br Attest: •
.
Professional Design Firm
. Mayor City Clerk Land Surveying Corporation
License No.184-002863
Alan J.Coulson
I.P.LS.No.35-2155
Expiration Date:11-30-0y
This Plat is being recorded by.
Prepared by:
Name Alan T.Coulson,P.C.
Professional Land Surveyors
Address 205 West Main Street,
West Dundee, Illinois 60118
i- No. C 5,ei-990 ��X Phone: (847)426-2911
,
Exhibit C
PSFR2, PMFR,PAB, and PCF Zoning Ordinances
Ordinance No. G46-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Trinity Chase Subdivision—3150 US Route 20)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PSFR2 Planned Single Family
Residence District,the following described property:
Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated
January 9, 2006, designated in the PSFR2 Planned Single Family Residence
District.
Section 2. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
1
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended.
C. General Provisions. In this PSFR2 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07,Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance,Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation,Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
2
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated"land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PSFR2 zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Amateur radio antennas" [SR] (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNCL)
6. "Other radio and television antennas" [SR] (UNCL).
7. "Other satellite dish antennas" [SR] (UNCL).
8. "Pipelines, except natural gas" (461).
9. "Railroad tracks"(401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500,Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2
zoning district, the site design regulations shall be as follows:
3
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 10,000 square feet per dwelling unit, and in
substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by
JAS Associates, Inc., last revised March 17, 2005.
3. Lot Width. In this PSFR2 zoning district, the minimum required "lot
width" [SR] for a zoning lot shall be in substantial conformance to the
Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last
revised March 17, 2005.
4. Setbacks - Generally. In this PSFR2 zoning district, the minimum
required "setbacks" [SR] shall be in substantial conformance to the
Preliminary Plat (Sheets 1-4) prepared by JAS Associates, Inc., last
revised March 17, 2005.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be in
substantial conformance to the Preliminary Plat (Sheets 1-4) prepared by
JAS Associates, Inc., last revised March 17, 2005, namely:
a. Street Setback: 30 feet.
b. Side/Interior Setback: 7.5 feet.
c. Rear Setback: 30 feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.40 (40%).
9. Building Coverage. In this PSFR2 zoning district, the maximum "building
coverage" [SR] for a single family zoning lot shall equal the "zoning lot
area" [SR] times 0.35 (35%).
4
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the"zoning lot area" [SR] times 0.10 (10%).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand four
hundred(1,400) square feet.
12. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance with the following building elevations and
floor plans,preliminary plat, and engineering plans:
1. Building elevations and floor plans, prepared by Architectural
Design Concepts, Inc., including:
a. Plan 2007, Sheets Al-A5
b. Plan 2006, Sheets Al-A5
c. Plan 2003, Sheets Al-A8
d. Plan 2001, Sheets Al-A8
2. Overall Site Plan Exhibit, prepared by JAS Associates, Inc., last
revised March 18, 2005.
3. Preliminary Plat and Preliminary Engineering (Sheets 1-4),
prepared by JAS Associates, Inc., last revised March 17, 2005.
4. Preliminary Tree Preservation Plan, prepared by Urban Forest
Management, Inc., dated June 20, 2005.
5. Landscape Plan and Entry Sign Elevation, prepared by Trinity
Landscape, last revised April 5, 2005.
b. Within this PSFR2 zoning district, the architecture, design and
construction of dwelling units shall also be as follows:
1. Single story dwellings shall contain a minimum of 2,000 square
feet in floor area, excluding garages, basements, cellars, walk-outs
or other similar spaces.
2. Dwellings having two or more stories shall contain a minimum of
2,400 square feet of floor area, excluding garages, basements,
cellars, attics, walk-outs or other similar spaces.
3. All roofs shall be pitched, either gable or hip style. The minimum
roof pitch shall be 4/12. Flat roofs are specifically prohibited.
4. Street facing walls shall be entirely constructed of wood, stone,
brick, or cement fiberboard (aka hardyboard). All other wall
surfaces shall include a minimum of 50% wood, stone, brick or
cement fiberboard (aka hardyboard). Aluminum and vinyl siding
shall be a heavy gauge. This provision shall not be construed to
prohibit light-gauge vinyl clad or aluminum for soffits, facia,
second floor peaks, gutters and downspouts.
5
5. Light gauge vinyl siding, light gauge aluminum siding, masonite,
glazed brick, non-overlapping cedar siding, imitation stone,
imitation brick, exposed concrete, or exposed cinder block are not
permitted to be used as exterior wall siding.
6. No two (2) homes of like exterior design may be constructed on
the same side of the street unless such buildings are separated by
four (4) or more buildings, building sites, or combination thereof,
of completely dissimilar design. Buildings of like exterior design
may not be erected directly across the street from each other. All
buildings shall be considered to be of"like exterior design" unless
they have substantially different floor plans, elevations and are
substantially different in exterior appearance.
7. All gutters will be in neutral colors so as to be inconspicuous.
8. Each house will have at least a two (2) car garage. Garages shall
be designed in accordance with the following provisions adopted
within the Far West Planning Area Development and Design
Guidelines(Ordinance No. G6-01).
a. Street Facing Garages. Street facing garages shall be
recessed a minimum of 10 feet behind the main residential
façade. However, residences with street-facing garages
recessed less than 10 feet, but not less than 2 feet behind the
main residential façade, shall be allowed if the residence
includes a front porch or portico; or if the garage includes
one or more of the following features designed to
complement the architectural style of the residence:
individual garage does accessing each parking bay, gable end
of the garage roof line facing the street, a roof peak centered
over a double wide garage door, or proportionately designed
dormers.
b. Side Entry Garages. Side entry garages shall feature gable
ends, roof lines, window and door fenestration, and other
architectural elements which match or complement those
same design elements on the residence. Side entry garages
shall be designed and oriented to provide access to parking
bays via a side or rear entry, with driveway access to the
garage crosses in front of the main entrance, the following
provisions shall apply: (1) the lot shall contain a minimum of
20,000 square feet of lot area, (2) the garage shall be set back
a minimum of 40 feet from the street lot line, and (3) at least
one third of the garage width shall be located behind the front
façade of the residence.
9. All chimneys must be constructed of brick or other natural
materials (wood, stone, or stucco) if the chimney is visible from
the front, and otherwise may be constructed of any of the material
that would have been permitted on the side or real exterior walls of
the structure(as set forth in subparagraph 4 above)
6
10. Each dwelling constructed on a lot of record shall be fully
landscaped prior to its initial occupancy. If inclement
weather does nto permit installation of landscape materials,
then a cash bond in the amount of 150%of the estimated cost
of work shall be submitted to the City as monetary assurance
for the unfinished work. The minimum required landscaping
for a lot of record to be considered fully landscaped shall be:
a. Front and side yards shall be sodded.
b. Rear yards shall be seeded.
c. Sufficient foundation plantings to screen the
building's foundation developed in conformance with
a landscape plan as approved by the City.
d. All plant material shall be appropriate to the climate
of the area.
11. In the event of any conflict between the provisions of this
subparagraph 2G12b and the preceding subparagraph 2G12a,
the provisions of this subparagraph 2G12b shall control.
c. Conformance with all applicable codes and ordinances.
H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin
Municipal Code, 1976, as amended.
Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall
also be subject to paragraph G., Site Design, of this ordinance.
K. Amendments. In this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
L. Planned Developments. In this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
7
M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
N. Variations. In this PSFR2 zoning district, the use and development of the land
and structures shall be subject to the provisions of Chapter 19.70, Variations, of
the Elgin Municipal Code, 1976, as amended. A variation may be requested by
an individual property owner for a zoning lot without requiring an amendment to
this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock,Mayor
Presented: August 8, 2007
Passed:
Vote: Yeas Nays:
Recorded:
Published:
8
Attest:
Diane Robertson, City Clerk
9
Ordinance No. G47-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Trinity Chase Subdivision—3150 US Route 20)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PMFR
Planned Multiple Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said applications and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PMFR Planned Multiple Family
Residence District, the following described property:
Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated
January 9, 2006, designated in the PMFR Planned Multiple Family Residence
District.
Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residential District which shall be designed, developed, and operated subject to
the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment of the lowest standardized
density for multiple family detached dwellings, subject to the provisions of
Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as
amended. The PMFR District is most similar to, but departs from the standard
requirements of,the MFR Multiple Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PMFR zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the
provisions of the Annexation Agreement.
E. Location and Size of District. This PMFR zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PMFR zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way shall
not be less than two acres.
F. Land Use. In this PMFR zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PMFR District:
Residence Division.
1. "Attached dwellings" [SR] (townhomes) (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance,Insurance, and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
10. "Family residential care facility" [SR] (8361).
11. "Home child day care services" [SR] (8351).
12. "Residential Care Facility" [SR].
Construction Division
13. "Contractors office and equipment areas" [SR] (UNCL).
2
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
22. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
23. "Temporary uses" [SR] (UNCL).
24. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500,Accessory Structures and Buildings.
25. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated"land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PMFR zoning district:
Residences Division.
1. Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively"accessory" [SR].
3
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500,Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance, and in the terms and conditions of the Annexation
Agreement. In this PMFR district,the use and development of land and structures
shall be subject to the following conditions:
1. Substantial conformance with the following building elevations and floor
plans,preliminary plat, and engineering plans:
A. Building elevations and floor plans the Manor Homes, prepared for
Grand Pointe Homes., including:
1. The Ashton, 1801 square feet.
2. The Brooke,2354 square feet.
3. The Brooke II, 2354 square feet.
4. The Cameron, 1357 square feet.
5. The Dahlia, 1984 square feet.
B. Overall Site Plan Exhibit,prepared by JAS Associates, Inc., last revised
March 18, 2005.
C. Preliminary Plat and Preliminary Engineering (Sheets 1-4), prepared
by JAS Associates, Inc., last revised March 17, 2005.
D. Preliminary Tree Preservation Plan, prepared by Urban Forest
Management, Inc., dated June 20, 2005.
E. Landscape Plan and Entry Sign Elevation, prepared by Trinity
Landscape, last revised April 5, 2005.
2. Within this PMFR District, the architecture, design and construction of
dwelling units shall also be in compliance with the following:
A. Street facing walls shall be entirely constructed of wood, stone, brick
stucco or cement fiberboard (aka hardyboard). All other wood
surfaces shall include a minimum of 50%wood, stone, brick, stucco or
cement fiberboard. Aluminum and vinyl siding shall be a heavy
gauge. This provision shall not be construed to prohibit light gauge
vinyl clad or aluminum for soffits, facia, second floor peaks, gutters
and downspouts.
B. Light gauge vinyl siding, light gauge aluminum siding, masonite,
glazed brick, non-overlapping cedar siding, imitation stone, imitation
brick, exposed concrete or exposed cinderblock are not permitted to be
used as exterior wall siding.
4
C. All gutters will be in neutral colors so as to be inconspicuous.
D. All chimneys must be constructed of brick or other natural materials
(wood, stone, stucco or cement fiberboard) if the chimney is visible
from the front, and otherwise may be constructed of any of the
material that would have been permitted on the side or rear exterior
walls of the structure (as set forth in subparagraph A above).
E. Each dwelling constructed on a lot of record shall be fully landscaped
prior to its initial occupancy. If inclement weather does not permit
installation of landscape materials, then a cash bond in the amount of
150% of the estimated cost of work shall be submitted to the City as
monetary assurance for the unfinished work. The minimum required
landscaping for a lot of record to be considered fully landscaped shall
be:
1. Front and side yards to be landscaped.
2. Rear yards shall be seeded.
3. Sufficient foundations plantings to screen the buildings
foundation developed in conformance with the landscaping plans
as approved by the City.
4. All plant materials shall be appropriate to the climate of the area.
3. Conformance with all applicable codes and ordinances.
H. Off-street Parking. In this PMFR zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
Off-street Loading. In this PMFR zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PMFR zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
L. Planned Developments. In this PMFR zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PMFR zoning
district and without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
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M. Conditional Uses. In this PMFR zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PMFR zoning district and without necessitating that all other property
owners in this PMFR zoning district authorize such an application.
N. Variations. In this PMFR zoning district, the use and development of the land
and structures shall be subject to the provisions of Chapter 19.70, Variations, of
the Elgin Municipal Code, 1976, as amended. A variation may be requested by
an individual property owner for a zoning lot without requiring an amendment to
this PMFR zoning district and without necessitating that all other property owners
in this PMFR zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewers shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock,Mayor
6
Presented: August 8, 2007
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
7
Ordinance No. G48-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Trinity Chase Subdivision—3150 US Route 20)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PAB Planned
Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and Development
Commission conducted public hearings concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following:
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 areas within the project area:
Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated January 9,
2006, designated in the PAB Planned Area Business District.
Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area
Business District which shall be designed, developed, and operated subject to the following
provisions:
A. Purpose and Intent. 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, subject to Chapter 19.60. A
PAB planned area business zoning district is most similar to, but departs from the
standard requirements of the AB zoning district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol "[SR]", shall be subject to the definitions and the additional interpretive
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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, and the provisions of the
Annexation Agreement.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights-of-way,but
including adjoining land or land directly opposite a right of way shall not be less than
two acres.
F. Land Use. In this 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] in this PAB zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in the PAB Planned Area Business District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two
(2) acres of land.
Offices Division.
2. "Offices" [SR] (UNCL).
Finance,Insurance, and Real Estate Division.
3. "Development sales offices" [SR] (UNCL).
4. "Finance, insurance, and real estate" (H).
Services Division.
5. "Advertising"(731).
6. "Automotive renting and leasing without drivers"(751).
7. "Barbershops"(724).
8. "Beauty shops"(723).
9. "Bed and breakfast inns" [SR] (7011).
10. "Commercial, economic, sociological and educational research"(8732).
11. "Commercial,physical, and biological research" (8731).
12. "Computer programming, data processing and other computer-related
services" (737).
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13. "Computer rental and leasing"(7377).
14. "Dance studios and schools"(791).
15. "Detective and guard services"(7381).
16. "Electrical and electronic repair shops"(7629).
17. "Engineering, accounting,research,management and related services"(87).
18. "Funeral service"(726).
19. "Garment pressing, and agents for laundries and dry cleaners"(7212).
20. "Home health care services"(808).
21. "Laundry collecting and distributing outlets"(7211).
22. "Legal services"(811).
23. "Libraries"(823).
24. "Mailing, reproduction, commercial art and photography, and stenographic
services"(733).
25. "Management and public relations services"(874).
26. "Medical and dental laboratories"(807).
27. "Membership organizations" (86).
28. "Membership sports and recreation clubs"(7997).
29. "Miscellaneous personal services not elsewhere classified"(7299).
30. "News syndicates"(7383).
31. "Noncommercial research organizations"(8733).
32. "Offices and clinics of dentists"(802).
33. "Offices and clinics of doctors of medicine"(801).
34. "Offices and clinics of doctors of osteopathy"(803).
35. "Offices and clinics of other health practitioners"(804).
36. "Other schools and educational services"(829).
37. "Personnel supply services"(736).
38. "Photofinishing laboratories"(7384).
39. "Photographic studios,portrait"(722).
40. "Physical fitness facilities"(7991).
41. "Professional sports operators and promoters" (7941).
42. "Radio and television repair shops"(7622).
43. "Security systems services"(7382).
44. "Shoe repair shops and shoeshine parlors"(725).
45. "Tax return preparation services"(7291).
46. "Videotape rental" (784).
47. "Vocation schools"(824).
48. "Watch, clock and jewelry repair"(763).
Retail Trade Division.
49. "Apparel and accessory stores"(56).
50. "Building materials, hardware and garden supply"(52).
51. "Carryout restaurants"(5812).
52. "Catalog and mail-order houses"(5961).
53. "Direct selling establishments"(5963).
54. "Drugstores and proprietary stores"(591).
55. "Eating places"(5812).
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56. "Florists"(5992).
57. "Food stores"(54).
58. "General merchandise stores"(53).
59. "Home furniture, furnishings and equipment stores"(57).
60. "Miscellaneous retail stores not elsewhere classified"(5999).
61. "Miscellaneous shopping goods stores"(594).
62. "News dealers"(5994).
63. "Optical goods stores"(5995).
64. "Tobacco stores"(5993).
Agricultural Division.
65. "Farm labor and management services"(076).
66. "Greenhouses for floral products," exclusively "accessory" [SR] to a use
allowed in the zoning district(0181).
67. "Landscape counseling and planning"(0781).
Construction Division.
68. "Contractor's office and equipment areas" [SR] (UNCL).
Manufacturing Division.
69. "Commercial printing occupying less than five thousand (5,000) square feet
of gross floor area" (2752).
Transportation,Communication and Utilities Division.
70. "Amateur radio antennas" [SR] (UNCL).
71. "Arrangement of passenger transportation"(472).
72. "Arrangement of transportation of freight and cargo"(473).
73. "Branch United States post offices" (4311).
74. "Bus charter service operators'offices"(414).
75. "Cable and other pay television services"(484).
76. "Commercial antennas and antenna structures mounted on existing structures"
[SR] (UNCL).
77. "Communication services not elsewhere classified" (489).
78. "Intercity and rural bus transportation operators'offices" (413).
79. "Local and suburban passenger transportation operators' offices"(411).
80. "Radio and television antennas" [SR] (UNCL).
81. "Radio and television broadcasting stations"(483).
82. "Railroad operators'offices"(401).
83. "Satellite dish antennas" [SR] (UNCL).
84. "School bus operators'offices"(415).
85. "Taxicab operators'offices"(412).
86. "Telegraph and other message communications" (482).
87. "Telephone communications"(481).
88. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals,vaults,pipes,mains, and valves" [SR] (UNCL).
Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as a conditional use in this PAB Planned Area Business District:
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Municipal Services Division.
1. "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2)
acres of land.
Public Administration Division.
2. "Public administration" (J) on a zoning lot containing less than two (2) acres
of land.
Finance,Insurance, and Real Estate Division.
3. "Check-cashing agencies"(6099).
Services Division.
4. `Billiard parlors"(7999).
5. "Bingo parlors"(7999).
6. "Car washes" [SR] (7542).
7. "Child daycare services"(835).
8. "Coin-operated amusement establishments"(7993).
9. "Home child daycare services" [SR] (8351).
10. "Individual and family social services"(832).
11. "Job training and vocational rehabilitation services" (833).
Retail Trade Division.
12. "Convenience food stores, operated on a twenty four(24)hour basis"(5411).
13. "Drinking places(alcoholic beverages)"(5813).
14. "Drive-in restaurants"(5812).
15. "Motor vehicle dealers"(55).
16. "Motor vehicle service stations" [SR] (554).
17. "Outdoor eating and drinking facilities" [SR] (5813).
18. "Package liquor sales establishments" [SR] (5921).
Agricultural Division.
19. "Dog grooming"(0752).
20. "Veterinary services for household pets"(0742).
Transportation, Communication And Utilities Division.
21. "Conditional commercial antenna tower" [SR] (UNCL).
22. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
23. "Courier services"(4215).
24. "Other radio and television antennas" [SR] (UNCL).
25. "Other satellite dish antennas" [SR] (UNCL).
26. "Pipelines, except natural gas" (461).
27. "Railroad tracks"(401).
28. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations,regulators" [SR] (UNCL).
Miscellaneous Uses Division.
29. "Accessory package liquor sales establishment" [SR] (UNCL).
30. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the
AB Area Business District, subject to the provisions of Section 19.12.500 of
this Title.
31. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB
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Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
32. "Drive-through facilities" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
33. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this
Title.
34. "Planned developments" [SR] (UNCL) on a zoning lot containing less than
two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title.
G. Architectural and Site Design. In this PAB planned area business zoning district,
except as otherwise provided for herein, the use and development of land and
structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin
Municipal Code, as amended. In this PAB zoning district, the site design regulations
shall be as follows:
1. Zoning Lots; Generally: In this PAB zoning district, "zoning lots" [SR] shall
be subject to the provisions of Section 19.12.300 of this Title.
2. Lot Area: In this PAB zoning district, there shall be no minimum required
"zoning lot area" [SR] .
3. Lot Width: In this PAB zoning district, there shall be no minimum required
"lot width" [SR] for a zoning lot.
4. Setbacks; Generally: In this PAB zoning district, "setbacks" [SR] shall be
subject to the provisions of Section 19.12.400 of this Title.
5. Setbacks by Lot Line: In this PAB zoning district, the minimum required
"building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a
zoning lot shall be as follows:
a. Building Setbacks: In this PAB District, the minimum required
building setbacks shall be subject to the provisions of Section
19.35.435(E) of this Title.
b. Vehicle Use Area Setbacks: In this PAB District, the minimum
required vehicle use area setbacks shall be subject to the provisions of
Section 19.35.435(E)of this Title.
6. Accessory Structures and Buildings: In this PAB zoning district, "accessory
structures and buildings" [SR] shall be subject to the provisions of Section
19.12.500 and Section 19.35.435(E) of this Title.
7. Yards; Generally: In this PAB zoning district, a "street yard" [SR], a "side
yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a
required building setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600 and Section 19.35.435(E) of
this Title.
8. Landscape Yards: In this PAB zoning district, landscape yards shall be as
follows:
a. Vehicle Use Area Landscape Yards: The yards established by vehicle
use area setbacks shall be used as "vehicle use area landscape yards"
[SR] with the exception of access driveways as provided in Sections
19.45.110 and 19.35.435(E) of this Title. Vehicle use area landscape
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yards shall be subject to the provisions of Section 19.12.700 of the
zoning ordinance.
b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be
installed on a zoning lot featuring a "vehicle use area" [SR], which
exceeds five thousand (5,000) square feet in area, subject to the
provisions of Section 19.12.700 of this Title. Additionally, all
buildings shall have a minimum 10 foot foundation landscape yard
surrounding all sides of the building excluding outside seating areas,
in front of a loading door or a man door, and where there are widows
located at grade. The foundation landscape yard shall be fully
landscaped with a combination of shrubs and perennials.
9. Floor Area: In this PAB zoning district, the maximum "floor area" for a
zoning lot shall not exceed 60%of the total zoning lot area.
10. Building Coverage: In this PAB zoning district, the maximum "building
coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning lot
area.
11. In this PAB District,the minimum architectural standards shall be as follows:
a. Building Materials. A minimum of seventy percent of each building
façade shall be constructed of brick, stone, wood, stucco, or cement fiber
board. A maximum of twenty percent of each building façade may be
constructed of Exterior Insulation Finishing System, decorative concrete
block, premanufactured concrete panels, or other synthetic materials such as
aluminum or vinyl siding products.
b. Architecture. Each building façade shall contain a minimum of four
architectural features including,but not limited to,window sills, lintels, fabric
awnings, columns, stone watercourses, offsets, cornices, capstones, parapets,
or alternating brick design.
c. Windows and entryways. Windows and entryways shall be
emphasized by utilizing awnings or other dominant architectural features.
These features should be further highlighted through the use of stone window
sills and lintels and alternate brick design such as soldier courses.
d. All refuse enclosures shall be constructed fully of masonry materials
incorporating the principal building architectural elements and landscaping
screening.
e. Outdoor eating and drinking areas shall be enclosed by a minimum 3
foot wrought iron or aluminum open fencing. Solid masonry walls will also
be permitted. The use of stone or masonry columns within the fence design is
encouraged.
12. Prior to the development of any portion of the property in this PAB District,
the owner and the developer of the subject property shall be required to submit a
development plan to the City for a public hearing and City Council approval pursuant
to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal
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Code, 1976, as amended.
H. 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.
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.
J. 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. The development
administrator may require, and may approve signs not otherwise provided by this title
in support of the development.
K. Amendments. In this PAB zoning district, application for text and map amendments
shall be subject to the provisions of Chapter 19.55, Amendments. A text and map
amendment may be requested by an individual lot or property owner for a zoning lot
without necessitating that all other property owners in this PAB zoning district
authorize such an application.
L. Planned Developments. In this PAB zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PAB zoning district and without
necessitating that all other property owners in this PAB zoning district authorize such
an application.
M. 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. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment to
this PAB zoning district and without necessitating that all other property owners in
this PAB zoning district authorize such an application.
N. Variations. In this PAB zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin
Municipal Code, 1976, as amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PAB zoning
district and without necessitating that all other property owners in this PAB zoning
district authorize such an application.
O. Subdivisions—Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city, as amended, and the
Plat Act of the State of Illinois, and the provisions of the Annexation Agreement.
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P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code,
1976, as amended.
Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the
contrary in this ordinance, the use and the development of the subject property in this
PAB zoning district shall also be subject to the regulations of the ARC Arterial Road
Corridor Overlay District. In the event of any conflict between the regulations in the
ARC Arterial Road Corridor Overlay District and other provisions of this ordinance,
the regulations of the ARC Arterial Road Corridor Overlay District shall control.
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: August 8, 2007
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
-9-
Ordinance No. G49-07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Trinity Chase Subdivision—3150 US Route 20)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS,written application has been made to classify said territory to a PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF
Planned Community Facility District,the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as amended,
be and are hereby altered by including in the PCF Planned Community Facility
District,the following described:"
Those areas on the attached zoning plat, prepared by JAS Associates, Inc., dated
January 9, 2006, designated in the PCF Planned Community Facility District.
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or on a not for profit basis.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07,Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PCF Community Facility District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration(J).
4. Justice,public order, and safety(92).
Finance,Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Construction Division.
6. "Contractors office and equipment areas" [SR] (UNCL).
Transportation,Communication and Utilities Division.
7. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
8. "Radio and television antennas" [SR] (UNCL).
9. "Satellite dish antennas" [SR] (UNCL).
10. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Fences and walls" [SR] (UNCL).
12. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
13. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
14. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
15. "Refuse collection area" [SR].
16. "Storage Tanks" [SR] (UNCL).
17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
18. "Temporary uses" [SR] (UNCL).
19. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
Transportation, Communication and Utilities Division.
1. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
2. "Conditional Commercial Antenna Tower" [SR] (UNCL).
3. "Other radio and television antennas" [SR] (UNCL).
4. "Other satellite dish antennas" [SR] (UNCL).
5. Pipelines, except natural gas (461).
6. Refuse systems (4953).
7. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
8. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
9. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
10. "Parking structures" [SR] (UNCL).
11. "Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of
Section 19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF district, the use and development of land
and structures located on the publicly owned park sites shall be subject to the
following conditions:
1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots
Clarifications and Exceptions.
2. Lot Area. In this PCF zoning district, the minimum required "zoning lot
area" [SR] shall be 20,000 square feet.
3. Lot Width. In this PCF zoning district, the minimum required "lot width"
[SR] for a zoning lot shall be 125 linear feet.
4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400, Setbacks Clarifications
and Exceptions.
5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks
located on the park site shall be considered lawful conforming setbacks.
Any new structure shall be developed in conformance with the following
requirements:
a. Building Setbacks.
1. Street Setback. The minimum required building setback
from a "street lot line" [SR] shall be calculated as follows:
Street setback (StS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000019428; the product plus 25 linear
feet. Minimum street setback can be expressed by the
following formula: StS = [(ZLA 20,000) x .000019428] +
25.
2. Interior Setback. The minimum required building setback
from an "interior lot line" [SR] shall be calculated as follows:
Interior setback (IS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000015542; the product plus five
linear feet. Minimum interior setback can be expressed by
the following formula: IS = [(ZLA 20,000) x .000015542]
+ 5.
3. Transition Setback. The minimum required building setback
from a "transition lot line" [SR] shall be calculated as follows:
Transition setback (TS) in linear feet shall equal the area of
a zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000038856; the product plus 50 linear
feet. Minimum transition setback can be expressed by the
following formula: TS = [(ZLA 20,000) x .000038856] +
50.
b. Vehicle Use Area Setbacks.
1. Street Setback. For zoning lots with a "vehicle use area"
[SR], the minimum required vehicle use area setback from
a street lot line shall be calculated as follows:
Vehicle use area street setback (VUAStS) in linear feet
shall equal the area of a zoning lot (ZLA) in square feet
minus 20,000 square feet; the difference times .000013211;
the product plus eight linear feet. Minimum vehicle use
area setback can be expressed by the following formula:
VUAStS = [(ZLA 20,000) x .000013211] + 8.
2. Interior Setback. For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six linear feet.
6. Accessory Structures and Buildings. In this PCF zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings.
7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a
"side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard"
[SR] established by a required building setback or by the actual location of
a building shall be subject to the provisions of Section 19.12.600,
Obstructions in Yards.
8. Landscape Yards. In this PCF zoning district, landscape yards shall be
as follows:
a. Transition Landscape Yards. A "transition landscape yard" [SR]
shall be provided adjoining the entire length of a transition lot line.
Transition landscape yards shall be subject to the provisions of
Section 19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required transition setback
calculated in Section 19.30.135, E., c. Transition Setback.
b. Vehicle Use Area Landscape Yards. The yards established by
vehicle use area setbacks from a street lot line and from an interior
lot line shall be used as "vehicle use area landscape yards" [SR]
with the exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way and
Section 19.45.110, Size of Driveways. Vehicle use area landscape
yards shall be subject to the provisions of Section 19.12.700,
Landscaping.
c. Interior Landscape Yards. "Interior landscape yards" [SR] shall
be installed on a zoning lot featuring a "vehicle use area" [SR],
which exceeds 5,000 square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
9. Floor Area. In this PCF zoning district, the maximum "floor area" [SR]
for a zoning lot shall be calculated as follows:
Floor area(FA) in square feet shall equal the area of a zoning lot (ZLA) in
square feet minus 20,000 square feet; the difference times .4985; the
product plus 12,000 square feet. Maximum floor area can be expressed by
the following formula: FA= [(ZLA 20,000) x .4985] + 12,000.
10. Building Coverage. In this PCF zoning district, the maximum "building
coverage" (SR) for a zoning lot shall be calculated as follows:
Building coverage (BC) in square feet shall equal the area of a zoning lot
(ZLA) in square feet minus 20,000 square feet; the difference times .4016;
the product plus 6,000 square feet. Maximum building coverage can be
expressed by the following formula: BC = [(ZLA 20,000) x .4016] +
6,000.
11. Landscaping. In this PCF zoning district, landscaping shall be installed
in substantial conformance with the Preliminary Landscape Plan (Sheets
1-3) prepared by George Kay and Associates and Land Vision, Inc., dated
February 7, 2005.
12. Supplementary Conditions. In this PCF zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance with the following building elevations and
floor plans, preliminary plat, and engineering plans:
1. Overall Site Plan Exhibit, prepared by JAS Associates, Inc., last
revised March 18, 2005.
2. Preliminary Plat and Preliminary Engineering (Sheets 1-4),
prepared by JAS Associates, Inc., last revised March 17, 2005.
3. Preliminary Tree Preservation Plan, prepared by Urban Forest
Management, Inc., dated June 20, 2005.
4. Landscape Plan and Entry Sign Elevation, prepared by Trinity
Landscape, last revised April 5, 2005.
b. Conformance with all applicable codes and ordinances.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The
maximum surface area of a"Development Sign" [SR] shall be 84 square feet.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.65 Conditional
Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be
requested by an individual lot or property owner for a zoning lot without requiring
an amendment to this PCF zoning district and without necessitating that all other
property owners in this PCF zoning district authorize such an application.
N. Variations In this PCF zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.70, Variations of the
Elgin Municipal Code, 1976, as amended. A variation may be requested by an
individual property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
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: August 8, 2007
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
Exhibit D
Preliminary Plat of Subdivision
PROPER t
q
,'L Ir.Mr NIJA -1Y J� _\1 r 1 LAND USE SUMMARY 7 .«.....,,,i.„,„
aa r (1 .s
� ��JJJJ JJ JJ J '" O R.O.W.DEDICATION(RTE.20)-0.17 ACRES -- Z
FOR R.O.W.DEDICATION(INTERNAL)=17.45 ACREStt' t
77��ggTA�T7yy �+�7 SUBDIVISION
OPEN SPACE AND PARKS=36.58 ACRES ^'4 't "ioir<r � " •o'`o o:: 03
TRINITY ITY CHASE L7�LJDL1 V 1s�liJril COMMERCIAL DEVEOPMENT=9.29 ACRES - -- 4, �7 1 \ ,^
ILLINOIS
V,
KANE
MULTI-FAMILY UITS=9.29 ACRES Jj
e• - - - 140 ���_ - - � I D 5
ELGIN, COUNTY, SINGLE FAMILY HOMES=36.78 ACRES 741 4.9{3 ar � . a �f
TOTAL SITE AREA TO BE ANNEXED :_ - 19459 at. II i 1 .Fi
INTO THE CITY OF ELGIN=109.38 ACRES '�'a
= m
EXISTING
7� ZONING
fATfa : F , WESHIGH WATER E EVATION 86000 AREAT STORMWATER MANAGMENT \ U
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5
5 226.56' t50.12' 1,9143.9..f. * _.,,{
4,, ..P HIGH WATER DEPTH ACREET �. ` x`
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1 t 43 TOTA STORAGE REQUIRED=30 ACRE FEET /N
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...- &17510840DL 80179 I 7.5'SIDE YARD SETBACK
744 137. I 1 `, ^ //�/O
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t'0.t 15'4DE YARD SETBACK ' 404.307 Y. lul Q .,
n o
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.. �� - „ 3 +�'$-` - 4' . ;') yr�. rr a- cX•�j� project nu. x .: bosom 2a zao2 a. c� 2003-46
Exhibit E
Preliminary Engineering Plans