HomeMy WebLinkAbout09-108 - 1st Amend - RLF - Ponds of Stony Creek r �
Resolution No. 09-108
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH THE RESIDENTIAL LAND FUND I, L.P.,
L.B. ANDERSEN CONSTRUCTION,INC., AND THE RYLAND GROUP,INC.
(The Ponds of Stony Creek)
WHEREAS,the owners of certain property commonly known as The Ponds of Stony Creek
at 39 W629 McDonald Road,Elgin,Illinois have proposed that the annexation agreement between
the owners and the City of Elgin concerning said property be amended; and
WHEREAS,after due notice as required by law,a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS,the proposed First Amendment to Annexation Agreement with the Residential
Land Fund I, L.P., L.B. Andersen Construction, Inc. and The Ryland Group, Inc. is in the best
interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to
Annexation Agreement with The Residential Land Fund I,L.P., L.B. Andersen Construction, Inc.
and The Ryland Group, Inc. a copy of which is attached hereto.
s/Ed Schock
Ed Schock, Mayor
Presented: April 29, 2009
Adopted: April 29, 2009
Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
FIRST AMENDMENT TO ANNEXATION AGREEMENT
Residential Land Fund I, Gathman and Cornelison Parcels
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT, made and entered
into this 0 0day of "P_4 , 2009,by and between the CITY OF ELGIN, ILLINOIS,
a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (the "City"),
THE RESIDENTIAL LAND FUND I, L.P., a Delaware limited partnership ("Developer"),
LEAH RAE LIGHT, DANIEL B. LIGHT, L.B. ANDERSEN CONSTRUCTION, INC., an
Illinois corporation, and DAVID JOHNSON, AS TRUSTEE OF THE WS TRUST ("in the
aggregate the "Capitani Parcel Owners"), and THE RYLAND GROUP, INC., a Maryland
corporation ("Ryland").
WITNESSETH:
WHEREAS, Developer, other property owners, and the City executed an Annexation
Agreement (the "Agreement") dated November 9, 2005; and
WHEREAS, the Capitani Parcel Owners are the record owner of the real estate (the
"Capitani Parcel") legally described on Exhibit "A" attached hereto and incorporated herein by
this reference; and
WHEREAS, Ryland is the contract purchaser (a) from the Capitani Parcel Owners of the
Capitani Parcel and (b) from Developer of Parcel 1 of the RLF Parcels ("Stony Creek East") as
defined it the Agreement as originally executed; and
WHEREAS, the Capitani Parcel Owners and Ryland desire to annex the Capitani Parcel
to the City and, with Developer, to combine the same with Stony Creek East into one
coordinated development plan; and
WHEREAS, the City desires to accommodate the proposed annexation and coordinated
development plan for the Capitani Parcel and Stony Creek East; and
WHEREAS, it is necessary to amend the Agreement in order for the proposed
annexation and development of the Capitani Parcel and Stony Creek East;
WHEREAS, the Capitani Parcel is not included within the corporate limits of any
municipality; and
WHEREAS, the Capitani Parcel constitutes territory which is contiguous to and may be
annexed to the City as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1 et
seq., 1993); and
WHEREAS, the Capitani Parcel is located within the South Elgin Countryside Fire
Protection District, and whereas the Trustees of said District were notified in writing by certified
or registered mail at least ten (10) days in advance of any action taken with respect to the
annexation of the Capitani Parcel, and whereas an affidavit that service of the said notice had
been provided has been filed with the Kane County Recorder; and
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WHEREAS, the Capitani Parcel is located within Campton and Plato Townships, and
whereas the Township Commissioners of Highways and each of the Trustees of said Townships
were notified in writing by certified or registered mail at least ten (10) days in advance of any
action taken with respect to the annexation of the Diamond Gait Parcel; 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, after due and careful consideration, have
concluded that the annexation of the Capitani Parcel 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 Capitani Parcel.
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:
A. This Amendment is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et. seq.) and in the exercise of
the home rule power of the City.
B. For all purposes of this Amendment, the term "The Ponds of Stony Creek" shall be
deemed to refer to the aggregate of the Capitani Parcel and Stony Creek East.
C. The Corporate Authorities, within 30 days following: (a) the execution of this
Agreement, (b) the receipt of current title reports verifying the owner of record of the Subject
Property by the City Clerk, (c) the filing of appropriate Petitions for Annexation in form and
substance as required by law, and (d) the receipt by the City of one or more Plats of Annexation
("Annexation Plat") covering the Subject Property conforming to the requirements of law and in
recordable form, shall (x) pass one or more ordinances ("Annexation Ordinances") annexing
the Capitani Parcel to the City and(y)promptly thereafter record with the Kane County Recorder
the Annexation Plat and the Annexation Ordinances. The Annexation Plats for the Annexation
Ordinances shall be in the form of Exhibit "B" attached hereto and incorporated herein by this
reference.
D. Paragraph 3.A. of the Agreement is hereby amended to the extent it applies to The
Ponds of Stony Creek to read as follows:
"A. Immediately after the passage of the ordinance annexing the Capitani Parcel, as
2
provided in Paragraph 2 hereof, the Corporate Authorities shall pass or adopt the
following ordinances and resolutions:
i. an ordinance zoning those portions of The Ponds of Stony Creek shown in
Exhibit "D" (being the Zoning Plat attached to this Amendment) in the
PSFR2 Planned Single Family Residence District in the form attached to
this Amendment as Exhibit "C-1";
ii. an ordinance zoning those portions of The Ponds of Stony Creek shown in
Exhibit "D" in the PCF Planned Community Facility District in the form
attached hereto in Group Exhibit "C-21 ; and
iii. a resolution approving the Preliminary Plat of Subdivision (the
"Preliminary Plat of Subdivision") for the Ponds of Stony Creek
prepared by CEMCON, Ltd., dated February 13, 2005, attached hereto and
incorporated herein by this reference as Exhibit "E-1"."
Exhibit "C-1," Exhibit "C-2," Exhibit "D," and Exhibit "E-1" shall be deemed to supersede
their counterparts in the Agreement as originally executed to the extent they apply to The Ponds
of Stony Creek.
The City agrees that decks and patios in The Ponds of Stony Creek may be constructed within
twenty(20) feet of the rear lot line.
E. Paragraph 3.C. of the Agreement is hereby amended to the extent it applies to The
Ponds of Stony Creek to read as follows:
"C. The Ponds of Stony Creek and the development contemplated herein shall be
developed in substantial conformance with the Final Plat of Subdivision for The Ponds of
Stony Creek Unit 1 prepared by Cemcon, Ltd. for Ryland Group, Inc., original date
April 24, 2006, revised dated March 10, 2008; the Final Plat of Subdivision for The
Ponds of Stony Creek Unit 2 prepared by Cemcon, Ltd. for Ryland Group, Inc., original
dated April 24, 2006 revision 6 dated February 1, 2007; the Final Plat of Subdivision for
The Ponds of Stony Creek Unit 3 prepared by Cemcon, Ltd. for Ryland Group, Inc.,
original date May 5, 2006, revision 7 dated October 18, 2007; the Preliminary
Engineering Plan for The Ponds of Stony Creek prepared by Cemcon, Ltd. dated
February 13, 2005 (with respect to Unit 4); and the Final Engineering Improvement Plans
for The Ponds of Stony Creek-Units 1, 2 and 3, prepared by Cemcon, Ltd. for Ryland
Group, Inc., original date May 24, 2006, revised dated October 28, 2007 (such
engineering improvement plans being hereinafter referred to as the "Preliminary
Engineering Plans"). Further revisions to the foregoing final plats of subdivision shall
include but not be limited to revisions to comply with Title 18 of the Elgin Municipal
Code; easement provisions to be modified and dedicated to appropriate parties as
approved by the City Engineer; and assignment of ownership and maintenance
responsibilities to the homeowners association of common features. Further revisions to
3
a
the Preliminary Engineering Plans shall include but not be limited to revisions to the
storm and sanitary layout to avoid locations in front yards of private property (not
including outlots); revisions to water main layout to properly extend along McDonald
Road; and revisions to improvement plans for McDonald Road to provide for a 60 foot
right-of-way dedication full reconstruction of McDonald Road for the entire length of the
Subject Property providing for a two lane cross-section with a three lane cross section at
intersections and entrances. The City and the Developer agree to act in good faith in
making reasonable modifications to the Preliminary Plat of Subdivision, subdivision plat,
Preliminary Engineering Plans, and/or the landscaping plans to solve engineering, layout
and/or design problems not reasonably foreseeable at the time of the execution of this
Amendment, provided that such changes are in substantial conformance with the
approved Preliminary Plat of Subdivision in question and do not increase the total
number of dwelling units which may be constructed on the Subject Property as
contemplated in such Preliminary Plat of Subdivision. The parties agree that changes to
the approved planned development set forth in Section 19.60.200 of the Elgin Municipal
Code may be approved by the City's Development Administrator without public hearings
and without formal amendment to this Agreement.
Exhibit "F-1" shall be deemed to be superseded by the various plats and plans referred to in the
foregoing provisions of this paragraph 3C, but only to the extent such plats and plans cover
portions of the Subject Property.
F. Paragraph 15 of the Agreement relating to the development contributions for
roadways is hereby amended by adding the following additional text to the end thereof:
"In consideration of the Developer providing for the full reconstruction of McDonald
Road for the entire length of the Subject Property, the City agrees that the Developer
shall receive a credit against such development contribution for roadways in the amount
of Developer's additional costs for that portion of the McDonald Road reconstruction
from the existing center line to the north terminus of the new McDonald Road
(hereinafter referred to as the "McDonald Road Credit"). The McDonald Road Credit is
currently estimated to be in the total amount of$159,111.25 as provided in the estimate
prepared by Cemcon Ltd. dated March 14, 2008, a copy of which is attached hereto as
Exhibit O. Notwithstanding the foregoing, or anything else to the contrary in this
Agreement, the McDonald Road Credit to the Developer shall in no event exceed
$240,000 regardless of the actual costs incurred by the Developer. Such McDonald Road
Credit shall be applied to the 300 dwelling units in The Ponds of Stony Creek Units 1-3
whereby the amount of the McDonald Road Credit shall be divided by 300 to determine
the per unit credit and then deducted from the amount of the development contributions
for roadways otherwise due per dwelling unit in The Ponds of Stony Creek Units 1-3."
G. That portion of Paragraph 25 of the Agreement relating to The Ponds of Stony Creek
is hereby deleted and the following is inserted in its place:
"25. The Open Space Parcels, in The Ponds of Stony Creek shall be developed by the
Developer in accordance with the applicable final plat of subdivision. The Developer
4
shall convey the Open Space Parcels in The Ponds of Stony Creek, as depicted in the
Preliminary Engineering Plans for The Ponds of Stony Creek prepared by Cemcon, Ltd.
dated February 13, 2005, to the following entities:
Entity Open Space Parcel
City of Elgin Parcels 2, 3, 5, 6, 7, 8, 9, 10 and 17
Applicable Homeowners AssociationParcels 1, 4, 11, 12, 13, 14, 15 and 16
Parcels 5, 6, 7, 8, 9 and 10 are areas within the public rights of way and are to be improved as
landscaped medians. Such parcels shall be owned by the City but maintained by and at the
expense of the Homeowners Association. The Declaration of Covenants, Conditions and
Restrictions for the Subject Property creating such Homeowners Associations shall include
provisions, subject to the approval of the City, whereby the Homeowners Association shall
maintain at its costs such landscape medians. Such provisions within the Declaration shall also
provide for the Homeowners Association to indemnify and hold the City harmless from any
claims relating to the landscape medians and the maintenance thereof.
H. Paragraph 43 of the Agreement is hereby amended by inserting the following
addresses for notices to the Capitani Parcel Owners and Ryland:
If to the Capitani Parcel Owners: L. B. Anderson, Inc.
Attn: Wade Light
20 Honey Lake Court
Barrington, IL 60010
If to Ryland: 1141 East Main Street, Suite 108
East Dundee, Illinois 60118
Attention: Matthew J. Pagoria
with copy to: Richard L. Heimberg, Esq.
Brady&Jensen LLP
2425 Royal Boulevard
Elgin, Illinois 60123
I. The parties acknowledge and agree that, pursuant to the provisions of Paragraph 52 of
the Agreement as originally executed, only the signature of Developer is required to amend the
Agreement as it relates to Stony Creek East.
J. Paragraph 54 of the Agreement is hereby deleted in its entirety and the following
inserted in its place:
"54. The City specifically acknowledges that each of Gathman, Cornelison, and the
Capitani Parcel Owners is executing this Agreement solely for the reason that they, in
5
addition to Developer and Ryland, are the owners of record of the Subject Property and
may continue to be owner of record of portions of the Subject Property during the term of
this Agreement, even though Developer and Ryland or another party may acquire a
portion of the Subject Property and may develop such portion. The City further
acknowledges that each of Gathman, Cornelison, and the Capitani Parcel Owners is not,
and does not intend to become, a developer of the Subject Property although one or more
of them may from time to time execute various documents, such as subdivision plats,
applications for utility permits, and the like in order to comply with rules and regulations
applicable to the development of the Subject Property as well as the provisions of
contracts with other parties. In light of the foregoing, the City agrees that neither
Gathman, Cornelison, nor the Capitani Parcel Owners shall be responsible for the
performance of any of the development related provisions of this Agreement and instead
the City shall look solely to the Developer, Ryland, Developer's, Ryland's, Gathman's,
Cornelison's, or the Capitani Parcel Owners' successors and assigns, who are developers
for the performance of such development related provisions of this Agreement. In the
event an Owner of the Subject Property, including the Capitani Parcel, assigns its rights
under this Agreement and such assignee in whole or in part defaults in the performance
of this Agreement or any provision hereof, the City shall look solely to Developer, or
Ryland, or Developer's, Ryland's, Gathman's, Cornelison's, or the Capitani Parcel
Owners' successors or assigns who are developers, as the case may be, for such
performance or for compensation for damages due to the failure of such performance as it
related to the portion of the Subject Property being developed."
K. In all other respects the Agreement shall remain in full force and effect as written and
as amended herein.
SIGNATURE PAGE FOLLOWS
6
CITY OF ELGIN,ILLINO
By:
Mayor
Attest:
City Clerk
THE RESIDENTIAL LAND FUND I,L.P.
By: RESIDENTIAL LAND MANAGEMENT, L.L.C.
Its General Partner
By: TERREST RLM, LTD.
Its Managin P r
By:
Its
7
L ae ight
Daniel B. ight
L. B. X X� EX hNDERSEN CONSTRUCTION INC.
c
By:
Its
vid ohnson, Trustee as aforesaid
THE RYLAND GROUP, INC.
By:
Its O
F:\Legal Dept\Agreement\Annex-First Amendment-RLF-clean 9-5-08.doc
8
EXHIBIT "A"
THAT PART OF THE NORTHWEST '/a OF SECTION 1,TOWNSHIP 40 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN,AND PART OF THE SOUTHWEST %OF SECTION 36,
TOWNSHIP 41 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ALL DESCRIBED
AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH%z OF SAID
SECTION 36;THENCE NORTH 89 DEGREES 40 MINUTES 57 SECONDS EAST ALONG THE
NORTH LINE OF SAID SOUTH%z 2667.51 FEET TO THE EAST LINE OF THE SOUTHWEST %OF
SAID SECTION 36;THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS WEST ALONG SAID
EAST LINE OF THE SOUTHWEST'/a TO THE CENTER LINE OF THE HIGHWAY,FOR THE POINT
OF BEGINNING;THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS WEST ALONG SAID
EAST LINE, 1136.53 FEET TO THE NORTH LINE OF THE NORTHWEST '/OF SECTION 1
AFORESAID;THENCE NORTH 89 DEGREES 36 MINUTES 58 SECONDS EAST ALONG SAID
NORTH LINE,2.64 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST '/a;THENCE
SOUTH 00 DEGREES 26 MINUTES 10 SECONDS EAST ALONG THE EAST LINE OF THE
NORTHWEST '/a OF SAID SECTION 1,A DISTANCE OF 816.26 FEET TO A NORTHEAST CORNER
OF A TRACT OF LAND CONVEYED TO T.ALBERT POTTER AND WIFE,BY DEED DATED
FEBRUARY 28, 1938 AND RECORDED MARCH 3, 1938 IN BOOK 1076,PAGE 316 AS
DOCUMENT 419982;THENCE NORTH 89 DEGREES 57 MINUTES 30 SECONDS WEST 1100
FEET TO AN ANGLE IN THE LINE OF SAID POTTER TRACT;THENCE NORTH 00 DEGREES 07
MINUTES 32 SECONDS EAST ALONG THE LINE OF SAID POTTER TRACT, 1858.94 FEET TO THE
CENTER LINE OF SAID HIGHWAY;THENCE EASTERLY ALONG SAID CENTER LINE TO THE
POINT OF BEGINNING;IN THE TOWNSHIPS OF CAMPTON AND PLATO,KANE COUNTY,
ILLINOIS.
SHEET , OF 2
PLAT OF ANNEXATION i
TO THE
CITY OF ELGIN
BEING A PART OF THE NORTHWEST 'QUARTER OF SECTION 1, TOWNSHIP 40
NORTH, RANGE 7 EAST AND PART OF THE SOUTHWEST QUARTER OF SECTION
36, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 1�T
KANE COUNTY, ILLINOIS. 1�
N 8e7G'60'E 2563.96' 1
(N 59'40'57'E 2667.5l')
100 50 0 100
N.LINE OF THE S.1/2 OF SEC.36-41-7 1 SCALE 1" =100'
6 6 i
6 6 ^ ��
POINT OF m toi
o THIS PLAT WAS SUBMITTED THE COUNTY
COMMENCING In e RCIDER FOR THE PURPOSES O' OIN BY.
F
NORTHWEST CORNER OF m
THE SOUTH HALF OF
SEC 36-41-7 or IPAINT HALE)
T O
POINT OF
y� BEGINNING IADDRESSI
R-1245.74' +
L-277.67' IC1TY/TOWhI ISTATEI ❑IP cOOEI
Chd. Brg.= R�2]31Jf9' L=0.30'
McDONALD ROAD N 87-52,15" E
N 86'38'58" E R-3375.68' 5.1
N 61'25.1 E —
30.76' 49 Nr
Chd. Br .= _ i W
N 84.04 03 E
LEGEND
APPROXIMATE R.O.W AS - BDUNOARY LINE
MONUMENTED B tH•avy Solid Llnal
OCCUPIED NO FORMAL
DEDICATION DOCUMENTS _ EXISTING CITY OF ELGIN
PROVIDED TO THE CORPORATE LIMITS
SURVEYOR 2 ISolla LIn•1
CENTERLINE
O --_- 15InTl• Qaan•d llnaal
- I=I. SECTION LINE
lO•Mele G•anae a n•al
SECTION LINE
IT,IP Ia Da.Ned Llnaal
Alp
SECTION CORNER OR QUARTER SECTION
CORNER
Cy
In O N
�0�8 /�\
Q, (]IN00 OI
8 v m
NOTES
DIMENe1ONS ENCLOSEO WITH I I ARE RECORD
DATA. ALL OTHER DIMENSIONS ARE MEASURED.
4
N 88'2938' E
z Z 8.31'
N 86'49 " E .49')
36 36' (N 89''3631 8
.58' E)
' v
0
N r i
mf �
S.LINE OF THE S.W. 1/4 OF SEC.36-41-7
N.LINE OF THE N.W.1/4 OF SEC. 1-40-7 1
8
m0
CO Ni , 1 1
A O
I
WALTER A MCDONALD PER DOG.17MI
T. ALBERT POTTER AND WIFE N WPER DEED NO. 419962 00 0
01 f�Ji
N
O W
m m
10
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m cm so
�y Ot E
CIE
IE
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12
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/S 88'56 14 W 1 00. 12.94
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(N 89'57'30" W 1100.00')
0
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a
14
S
east
PREPPRE�PA EEDP D 6Y
i CEMCON, Ltd.
Consulting Engineers. Land Surveyors k Planners
t 2280 White Oak Circle, Suite 1D0
Aurora, Illinois 60502-9675
PH: 630.862.2100 FAX: 630.862.2199
E-mail; caddOcemcon.aom Website: WWW.cemcon.com
DISC NO.: R:\608075 FILE NAME: REV-MNEXATIONFRWRO
DRAWN BY: CS-J FLO. SK. / PG. NO.: N/A
COMPLETION DATE: 11-2-06 JOB NO.: 608.075
REVISED: 1-7-08/CS-J PER CLIENTS COMMENTS
COP~t 0 2006 Canaan.Ltd.AY 691 ra.arYaC.
SHEET 2 OF 2
OWNER'S CERTIFICATE OWNER'S RT�C� 1_FICATE
STATE OF ILLINOISI
SS THE RYLAND GROUP, INC. STATE OF )
COUNTY OF KANE) SS, 1
COUNTY OF )
TH15 IS TO CERTIFY THAT RYLAND GROUP, INC. IS THE RECORD
OWNER OF THE PROPERTY DESCRIBED HEREON. AND THAT AS SAID THIS IS TO CERTIFY THAT IS/ARE THE OWNER(S)
RECORD OWNER, IT CONSENTS TO THE ANNEXATION OF SAID PROPERTY. OF THE PROPERTY DESCRIBED HEREON AND DO(ES)WILLINGLY ACCEPT AND
APPROVE THE ANNEXATION AS DESCRIBED HEREON.
DATED AT EAST DUNDEE, ILLINOIS. THIS _DAY OF DATED AT ILLINOIS, THIS_DAY OF
2008. _, A.D., 2008.
THE RYLAND GROUP INC.
1141 EAST MAIN STREET BY: ATTEST.-
SUI IOB
EAST DUNDEE. IL 60110
BY: ATTEST:
OPERATIONAL VICE PRESIDENT ASSISTANT SECRETARY
NOTARY'S CERTIFICATE
STATE OF ILLINOIS)SS.
i NOTARY CERTIFICATE COUNTY OF )
STATE OF ILLINOISI 11 A NOTARY PUSUC IN AND
SS FOR SAID COUNTY,IN THE STATE AFORESAID.DO HEREBY CERTIFY THAT
COUNTY OF KANE) AND
ARE(IS)
A NOTARY PUBLIC IN AND FOR THE PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(S), WHOSE NAME(S)
COUNTY AND STATE AFORESAID. DO HEREBY CERTIFY THAT ARE(IS)SUBSCRIBED TO THE FOREGOING INSTRUMENT, AS OWNER(S),
AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT
PERSONALLY KNOWN TO ME TO BE THE OPERATIONAL VICE PRESIDENT
AND ASSISTANT SECRETARY OF THE RYLAND GROUP. AS SHOWN ABOVE, THEY(HE/SHE)SIGNED AND DELIVERED THE SAID 04STRUMENT AS
APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH THEIR(HIS/HER)OWN FREE AND VOLUNTARY ACT(S),FOR THE USES AND
OFFICERS, THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND PURPOSES THEREIN SET FORTH.
CAUSED THE CORPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE
AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF
CORPORATION. FOR THE USES AND PURPOSES THEREIN SET FORTH. A.D-, 2008.
01VEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF
2008.
NOTARY PUBLIC
NOTARY PUBLIC MY COMMISSION EXPIRES
1
OWNER'S CERTIFICATE
STATE OF
CITY COUNCIL CERTIFICATE
)
SS.
COUNTY OF )
STATE OF ILLINOIS) �
THIS IS TO CERTIFY THAT. IS/ARE THE OWNER(S) SS.
OF THE PROPERTY DESCRIBED HEREON AND DOES)WILLINGLY ACCEPT AND COUNTY OF KANE)
APPROVE THE ANNEXATION AS DESCRIBED HEREON.
APPROVED 0Y THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, KANE
DATED AT___.-__ ILLINOIS. THIS^DAY OF COUNTY, ILLINOIS. THIS_DAY OF A.D., 2008.
A.D., 2008.
____ CITY OF ELGIN, KANE COUNTY, ILLINOIS
!BY --------------------- ATTEST: __________________
BY: ATTEST: I
MAYOR CITY CLERK
I
NOTARY'S CERTIFICATE
STATE OF ILUNOIS)
SS.
COUNTY OF )
1. _ A NOTARY PUBLIC IN AND
FOR SAID COUNTY,IN THE STATE AFORESAID,DO HEREBY CERTIFY THAT
AND
_ ARE(IS)
PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(S),WHOSE NAME(S)
ARE(IS) SUBSCRIBED TO THE FOREGOING INSTRUMENT, AS OWNER(S), KANE COUNTY RECORDER'S CERTIFICATE
APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT
THEY(HE/SHE)SIGNED AND DEUVERED THE SAID INSTRUMENT AS
THEIR(HIS/HER)OWN FREE AND VOLUNTARY ACT(S),FOR THE USES AND STATE OF ILLINOISI
SS.
PURPOSES THEREIN SET FORTH.
COUNTY OF KANEI
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS__DAY OF
A.D.. 2008. THIS INSTRUMENT WAS FILED FOR
---------- FOR RECORD IN THE RECORDER'S OFFICE OF KANE COUNTY, ILLINOIS.
ON THE_ DAY OF A.D., 2008 AT
O'CLOCK. M. AND WAS RECORDED IN PLAT ENVELOPE
NOTARY PUBLIC NO.
MY COMMISSION EXPIRES
COUNTY RECORDER
ANNEXA110N DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION I.
TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND PART OF THE SOUTHWEST
QUARTER OF SECTION 36, TOWNSHIP 41 NORTH RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF THE SOUTH 1/2 OF SAID SECTION 36: THENCE
NORTH 89 DEGREES 40 MINUTES 57 SECONDS EAST ALONG
THE NORTH LINE OF SAID SOUTH 1/2 2667.5( FEET TO
THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION
36; THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS
WE5T ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER
TO THE CENTER LINE OF THE HIGHWAY, FOR THE POINT
OF BEGINNING: THENCE SOUTH 00 DEGREES, 44 MINUTES
59 SECONDS WEST ALONG SAID EAST LINE, 1136.53 FEET
TO THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION I AFORESAID; THENCE NORTH 89 DEGREES 36
MINUTES 56 SECONDS EAST At-ONO SAID NORTH LINE,
2 64 FEET TO THE NORTHEAST CORNER OF SAID
NORTHWEST 1/4. THENCE SOUTH 00 DEGREES 26 MINUTES
10 SECONDS EAST ALONG THE EAST LINE OF THE
NO fl THWEST QUARTER OF SAID SECTION I, A DISTANCE OF
B16,26 FEET TO A NORTHEAST CORNER OF A TRACT OF
LAND CONVEYED TO T. ALBERT POTTER AND WIFE, BY
DEED DATED FEBRUARY 28. 1938 AND RECORDED MARCH 3,
1938 IN BOOK 1075, PAGE 316 AS DOCUMENT 419982:
THENCE NORTH 89 DEGREES 57 MINUTES 30 SECONDS WEST
1100 FEET TO AND ANGLE IN THE LINE OF SAID POTTER .
TRACT; THENCE NORTH 00 DEGREES 07 MINUTES 32
SECONDS EAST ALONG THE LINE OF SAID POTTER TRACT,
1858.94 FEET TO THE CENTER LINE OF SAID HIOHWAY;
THENCE EASTERLY ALONG SAID CENTER LINE TO THE
POINT OF BEGINNING: IN THE TOWNSHIPS OF CAMPTON
AND PLATO. KANE COUNTY, ILLINOIS. AND ALSO THAT
PART OF THE NORTH HALF OF MCDONALD ROAD LYING
ADJACENT TO AND CONTIGUOUS WITH THE ABOVE
DESCRIBED PARCEL.
SURVEYOR'S CERTIFICATE �®+ ��
STATE OF ILLINOIS) o'6.t;�.. • .� 'PPS
SS. \; •+• o
COUNTY OF DUPAGE)
CIO PREPARED BY:
THIS IS TO CERTIFY THAT I, CAROL A,SWEET-JOHNSON, AN ILLINOIS 1',�L 'carol A. Sweet-*(P , ��{ �T
HAVE PREPARED THIS PLAT FOR THE �$° M C O 1 V Ltd.
PROFESSIONAL HAND SURVEYOR, VE qu C E 1
PURPOSE OF ANNEXATION TO THE CITY OF ELGIN, AND THAT THIS JOhn$o1T a'
PLAT OF ANNEXATION ACCURATELY DEPICTS SAID PROPERTY. I a:90:035�0�33 . Consulting Engineers, Land Surveyors k Planners
J `/Itsa� 2280 White Oak Circle, Suite 100
GIVEN UNDER MY HAND AND SEAL THIS 7TH DAY OF JANUARY, A.D it®: ��� } PKro61 Illinois 60502-9675
�W ♦ PH: fi30.862.2100 FAX: 630.862.2179
2008. ,+'h AURORA �Q: E-Mail: caddOcamcon.com Wabsite: www,cemcon.com
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+➢� �•/�)pLL.IVO(S••Q� I � DDISC RAWN .: RCS-OB07S FILE��/ PC. -ANNEXA ONFRWRO
MY REGISTRATION ILLINOIS EXPIRESAL LAND
ON NOVEMBER 30,32008 P'9P,8V�'1'f� M��i6i
PROFESSIONAL DESIGN FIRM LICENSE NO. 184-002937 O COMPLETION OATS: 11-2ER J00 NO, 608.075
EXPIRATION DATE IS APRIL 30, 2009 Wp449MITMyp� REVISED: 1-7-OB/CS-J PER CLIENTS COMMENTS
caPYrgnt®zoos Cm—u4.AN ngnl.reww.
1 1
DRAFT 1-7-09 Ordinance No. Gx-08
AN ORDINANCE
AMENDING ORDINANCE NO. G7-06 AND CLASSIFYING NEWLY
ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT
(THE PONDS OF STONY CREEK)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, a portion of the property has previously been classified in the PSFR2 zoning
district pursuant to Ordinance No. G7-06; and
WHEREAS, written application has been made to amend a residential planned
development to reclassify portions of a previously annexed property (RLF I Parcel) and to
classify portions of the newly annexed property (Capitani Parcel) 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 Ordinance No. G7-06 previously adopted by the City Council of the
City of Elgin and classifying a portion of the property described herein in the PSFR2 Planned
Single Family Residence District is hereby amended in its entirety as provided herein.
Section 2. 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 Cemcon, Ltd., and dated
March 17, 2008, identified as The Ponds of Stony Creek and designated in the
PSFR2 Planned Single Family Residence District.
Section 3. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
fflur-=L
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended.
C. General Provisions. In this PSFR2 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and
development of land and structures shall be subject to the provisions of
Chapter 19.07, Zoning Districts,of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance,Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
2
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics, of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL)to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district,the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated"land uses" [SRI 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.
3
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500,Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations
for individual lot development shall be the provisions of Section 19.25.335, Site
Design, of the Elgin Zoning Ordinance.
1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision
layout and residential development shall be designed and constructed in
substantial conformance with the design guidelines applicable to residential
neighborhoods developed in the "Far West" portion of the Elgin Planning
Area, as described in the 2005 Elgin Comprehensive Plan and Design
Guidelines, and the following conditions:
a. Substantial conformance with the Annexation, Zoning and Subdivision
Application and Planned Development Plan for The Ponds of Stony
Creek, including:
1. The Final Plat of Subdivision for The Ponds of Stony Creek
Unit 1, prepared by Cemcon, Ltd. for the Ryland Group, Inc.,
original date April 24, 2006, revised dated March 10, 2008; the
Final Plat of Subdivision for The Ponds of Stony Creek Unit 2,
prepared by Cemcon Ltd. for the Ryland Group, Inc., original
dated April 24, 2006, revision 6 dated February 1, 2007; the Final
Plat of Subdivision for The Ponds of Stony Creek Unit 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 5,
2006, revision 7 dated October 18, 2007; and the preliminary
engineering plans for The Ponds of Stony Creek prepared by
Cemcon, Ltd., dated February 13,2005 (with respect to Unit 4)
2. Substantial conformance with the Final Engineering Improvement
Plans for The Ponds of Stony Creek — Units 1, 2, and 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 24,
2006,revised dated October 28, 2007.
3. Further revisions to the foregoing final plats of subdivision shall
include but not be limited to revisions to comply with Title 18 of
the Elgin Municipal Code; easement provisions to be modified and
dedicated to appropriate parties as approved by the City Engineer;
and assignment of ownership and maintenance responsibilities to
4
the homeowners association of common features. Further
revisions to the engineering plans shall include but not be limited
to revisions to the storm and sanitary layout to avoid locations in
front yards of private property (not including outlots); revisions to
watermain layout to properly extend along McDonald Road; and
revisions to improvement plans to McDonald Road to provide for a
50 foot right-of-way dedication and a 10 foot easement, full
reconstruction of McDonald Road for the entire length of the
subject property providing for a two lane cross section with a three
lane cross section at intersections and entrances.
4. Residential structures shall be designed, constructed and
maintained in conformance with the Architectural Guidelines
(referenced Exhibit "J" from annexation agreement) and private
covenants recorded with the subdivision.
5. The building setback from a rear lot line may be reduced to twenty
(20) feet for the limited purpose of allowing a "balcony" to
encroach into the otherwise required forty (40) foot building
setback. This provision is limited to residences with basement
level "lookout" or "walkout" access to the rear yard, and is limited
to balconies attached to the first floor level of the residence.
6. Preliminary Landscape Plan for The Ponds of Stony Creek,
prepared by Signature Design Group, dated February 10, 2006.
b. The incorporation into final engineering plans and specifications of
engineering and stormwater plans best management practices
recommended by the U.S. Department of Interior, Fish and Wildlife
Service and applicable regulatory agencies at The Ponds of Stony
Creek planned development, to the extent that any such recommended
practices are required by the city engineer utilizing generally accepted
engineering practices and do not conflict with local codes and
ordinances.
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.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
5
J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended,
and shall also be subject to paragraph G., Site Design, of this ordinance.
K. Amendments. In this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
L. Planned Developments. In this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 zoning district authorize such an application.
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.
6
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 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
FALegal Dept\Ordinances\Zoning Ordinances\ZoneProp-Ponds of Stony Creek-PSM-clean 1-7-09.doc
7
DRAFT 1-7-09 Ordinance No. Gx-08
AN ORDINANCE
AMENDING ORDINANCE NO. G8-06 AND CLASSIFYING NEWLY ANNEXED
TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT
(THE PONDS OF STONY CREEK)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, a portion of the territory described herein has previously been classified in
the PCF Planned Community Facility District pursuant to Ordinance No. G8-06; and
WHEREAS, written application has been made to amend a residential planned
development to reclassify portions of a previously annexed property (RLF I Parcel) and to
classify portions of the newly annexed property (Capitani Parcel) in the 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 Ordinance G8-06 previously adopted by the City Council of the City of
Elgin and classifying a portion of the property described herein in the PCF Planned Community
Facility District be and is hereby amended in its entirety as provided herein.
Section 2. 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 y
District,the following described territory:"
Those areas on the attached Zoning Plat, prepared by Cemcon, Ltd., and dated
March 17, 2008 identified as The Ponds of Stony Creek and designated in the
PCF Planned Community Facility District.
Section 3. 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:
EXHIB
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).
2
i
Services Division.
6. Community membership club (8641).
Construction Division.
7. "Contractors office and equipment areas" [SR] (UNCL).
Transportation,Communication and Utilities Division.
8. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
9. "Radio and television antennas" [SR] (UNCL).
10. "Satellite dish antennas" [SR] (UNCL).
11. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits,laterals,vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
12. "Fences and walls" [SR] (UNCL).
13. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
14. "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.
15. 'Refuse collection area" [SR].
16. "Storage Tanks" [SR] (UNCL).
17. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics.
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:
Services Division.
1. Child day care services (835).
2. Sporting and recreational camps (7032).
Mining Division.
3. "Temporary mining" [SR] (UNCL).
Transportation,Communication and Utilities Division.
4. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
5. "Conditional 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. Refuse systems (4953).
3
10. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
i t. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
12. "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.
13. "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.
14. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF zoning district, the site design regulations
for individual parcels designated"park" or"open space" shall be the provisions of
Section 19.30.135, Site Design,of the Elgin Zoning Ordinance.
1. 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 Annexation,Zoning and Subdivision
Application and Planned Development Plan for The Ponds of Stony
Creek,including:
1. The Final Plat of Subdivision for The Ponds of Stony Creek
Unit 1, prepared by Cemcon, Ltd. for the Ryland Group, Inc.,
original date April 24, 2006, revised dated March 10, 2008; the
Final Plat of Subdivision for The Ponds of Stony Creek Unit 2,
prepared by Cemcon Ltd. for the Ryland Group, Inc., original
dated April 24, 2006, revision 6 dated February 1, 2007; the Final
Plat of Subdivision for The Ponds of Stony Creek Unit 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 5,
2006, revision 7 dated October 18, 2007; and the preliminary
engineering plans for The Ponds of Stony Creek prepared by
Cemcon, Ltd., dated February 13, 2005 (with respect to Unit 4).
2. Substantial conformance with the Final Engineering Improvement
Plans for The Ponds of Stony Creek — Units 1, 2, and 3, prepared
by Cemcon, Ltd. for the Ryland Group, Inc., original date May 24,
2006,revised dated October 28, 2007.
4
3. Further revisions to the foregoing final plats of subdivision shall
include but not be limited to revisions to comply with Title 18 of
the Elgin Municipal Code; easement provisions to be modified and
dedicated to appropriate parties as approved by the City Engineer;
and assignment of ownership and maintenance responsibilities to
the homeowners association of common features. Further
revisions to the engineering plans shall include but not be limited
to revisions to the storm and sanitary layout to avoid locations in
front yards of private property (not including outlots); revisions to
watermain layout to properly extend along McDonald Road; and
revisions to improvement plans to McDonald Road to provide for a
50 foot right-of-way dedication and a 10 foot easement, full
reconstruction of McDonald Road for the entire length of the
subject property providing for a two lane cross section with a three
lane cross section at intersections and entrances.
b. The incorporation into final engineering plans and specifications of
engineering and stormwater plans best management practices
recommended by the U.S. Department of Interior, Fish and Wildlife
Service and applicable regulatory agencies at the Ponds of Stony
Creek planned development, to the extent that any such recommended
practices are required by the city engineer utilizing generally accepted
engineering practices and do not conflict with local codes and
ordinances.
c. 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. Street Graphics. In this PCF zoning district, street graphics shall be subject to
the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code,
1976, as amended.
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.
5
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
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.
6
II
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
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PONDS OF STONY CREEK ADDITIONAL McDONALD ROAD IMPROVEMENTS
ENGINEER'S ESTIMATE OF CONSTRUCTION COST
BY CEMCON
FOR CITY OF ELGIN - ENGINEERING DIVISION
(From Existing Centerline to North)
Job/Project#:608.075
Prepared by: CEMCON Ltd.
Rev by:
Date: 3/1 412 0 0 8
Revision:
NO, ITEM UNIT UNIT PRICE ESTIMATED COST SUBTOTAL
QUANTITY
A. EARTHWORK&EROSION CONTROL
1 SILT FENCE LF $ 2.50 2454 $ 6,135.00
2 TREE PROTECTION/BARRIER FENCE UNIT $ -
3 CONSTRUCTION ENTRANCE EA $
4 DITCH CHECK EA $
5 STRUCTURE SILT PROTECTION EA $
6 TREE REMOVAL<6" EA $
7 TREE REMOVAL>6" EA $
8 CLEARING&GRUBBING AC $ -
9 TOPSOIL STRIPPING&STOCKPILING CY $ 3.50 300 $ 1,050.00
10 EXCAVATION CY $ -
11 GRADING AC $ 2,500.00 0.5 $ 1,250.00
12 BACKFILLING CY $ -
13 EROSION CONTROL BLANKET SF $ -
14 TOPSOIL RESPREAD CY $ 3.50 400 $ 1,400.00
15 TEMPORARY SEEDING AC $ -
16 PERMANENT SEEDING AC $ 1,000.00 0.50 $ 500.00
17 SODDING(ROW) SY $ -
18 TREE PLANTING EA $
is 10,335.00
B. SANITARY SEWER
19 8"PVC,0-10'DEEP LF $
20 8"PVC,10-20'DEEP LF $
21 10"PVC,0-10'DEEP LF $
22 10"PVC,10-20'DEEP LF $
23 48"MH,Ty-A,FRAME-LID,0-10'DEEP EA $
24 48"MH,Ty-A,FRAME-LID, 10-20'DEEP EA $
25 48"MH,Ty-A,FRAME-LID,0-10'DEEP,DROP CONN. EA $
26 48"MH,Ty-A,FRAME-LID, 10-20'DEEP,DROP CONN. EA $
27 6"PVC SERVICE LF $
28 CONNECTION TO EXISTING SANITARY MANHOLE EA $
29 TRENCH BACKFILL(ca-6) CY $
30 TELEVISE INSPECTION LF $
C.WATERMAIN
31 6"DIWM LF $
32 8"DIWM LF $
33 12"DIWM LF $
34 16"DIWM LF $
35 20"DIWM LF $
36 24"DIWM LF $
37 8"VALVE-48"VAULT EA $
38 12"VALVE-60"VAULT EA $
39 16"VALVE-60"VAULT EA $
40 20"VALVE-72"VAULT EA $
41 24"VALVE-72"VAULT EA $
42 FIRE HYDRANT W/6"AUXILIARY VALVE EA $
43 CONNECTION TO EXISTING WATERMAIN EA $
44 WATER PRESSURE TEST LS $
45 TRENCH BACKFILL(ca-6) CY $ is
Page 1 of 3
EXHIBIT.�..
PONDS OF STONY CREEK ADDITIONAL McDONALD ROAD IMPROVEMENTS
ENGINEER'S ESTIMATE OF CONSTRUCTION COST
BY CEMCON
FOR CITY OF ELGIN - ENGINEERING DIVISION
(From Existing Centerline to North)
Job/Project#: 608.075
Prepared by: CEMCON Ltd.
Rev.by:
Date:3/14/2008
Revision:
NO. ITEM UNIT UNIT PRICE ESTIMATED COST SUBTOTAL
QUANTITY
D. STORM SEWER
46 12"RCP LF $
47 15"RCP LF $
48 18"RCP LF $
49 21"RCP LF $
50 24"RCP LF $
51 30"RCP LF $
52 36"RCP LF $
53 42"RCP LF $
54 48"RCP LF $
55 12"FES W/GRATE EA $
56 15"FES W/GRATE EA $
57 18"FES W/GRATE EA $
58 21"FES W/GRATE EA $
59 24"FES W/GRATE EA $
60 30"FES W/GRATE EA $
61 36"FES W/GRATE EA $
62 42"FES W/GRATE EA $
63 48"FES W/GRATE EA $
64 36"CATCH BASIN,TYPE A or C,FRAME-LID EA $
65 48"CATCH BASIN,TYPE A or C,FRAME-LID EA $
66 48"MANHOLE EA $
67 CONNECTION TO EXISTING STRUCTURE EA $
68 TRENCH BACKFILL(ca-6) CY $
69 TELEVISE INSPECTION LF $ -
E. PAVEMENT
70 4"AGGREGATE BASE COURSE TYPE B(CA-6) SY $ 7.50 2250 $ 16,875.00
71 5"BITUMINOUS BASE COURSE SY $ 17.50 2250 $ 39,375.00
72 2.0"CLASE 1 BITUMINOUS BINDER COURSE LF $ 7.50 2250 $ 16,875.00
73 2.0"CLASE 1 BITUMINOUS SURFACE COURSE LF $ -
74 BITUMINOUS MATERIAL PRIME COAT @ 0.3 GAUSY GAL $ 1.50 675 $ 1,012.50
75 BITUMINOUS MATERIAL TACK COAT @ 0.1 GAUSY GAL $ 1.50 225 $ 337.50
76 PCC CURB&GUTTER TYPE B6.18 LF $ -
77 PCC CURB&GUTTER TYPE B6.12 LF $
78 PCC CURB&GUTTER TYPE"B"MODIFIED LF $
79 PCC SIDEWALK 5'WIDE,W/4"CA-6 SUB-BASE LF $
80 10'PATHWAY(2"SFE.CSE,8"AGG.BASE CSE.TY B) LF $
is 74,475.00
F. LIGHTING AND SIGNAGE
81 175 WATTS METAL HALIDE,25'POLE W/6'ARM EA $
82 250 WATTS METAL HALIDE,25'POLE W/6'ARM EA $
83 400 WATTS METAL HALIDE,25'POLE W/6'ARM EA $
84 STOP SIGNS EA $
85 STREET-NAME SIGNS EA $
86 STRIPPING LS $
is
Page 2 of 3
PONDS OF STONY CREEK ADDITIONAL McDONALD ROAD IMPROVEMENTS
ENGINEER'S ESTIMATE OF CONSTRUCTION COST
BY CEMCON
FOR CITY OF ELGIN - ENGINEERING DIVISION
(From Existing Centerline to North)
Job/Project#: 608.075
Prepared by: CEMCON Ltd.
Rev.by:
Date: 3/14/2008
Revision:
NO. ITEM UNIT UNIT PRICE ESTIMATED COST SUBTOTAL
QUANTITY
G. MISCELLANEOUS
87 PAVEMENT REMOVAL SY $ 5.00 2213 $ 11,065.00
88 8"Bituminous Shoulder SY $ 28.00 885 $ 24,780.00
89 6"Aggregate Shoulder SY $ 11.25 885 $ 9,956.25
90 Engineering-Design/Surveying/Record Drawings LS $ 28,500.00 1 $ 28,500.00
74,301,25
TOTAL ESTIMATED COST= $ 159,111.25
110%AMOUNT= $ 175,022.38
1.5%AMOUNT= $ 2,386.67
Page 3 of 3