HomeMy WebLinkAbout21-84 Recorded 202 1 K070077
SANDY WEGMAN
RECORDER - MANE COUNTY, IL
State of Illinois) RECORDED: 9'15/2021 09:00 AM
County of Kane) ss REC FEE: 52.00
City of Elgin ) GAGES: 44
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis,DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of:
RESOLUTION NO. 21-84
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
RANDALL ROAD HOLDINGS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY
AND BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION DB/A BIGGERS MAZDA
(2100 N. Randall Road, Elgin, Illinois)
passed by the Elgin City Council at its legally convened meeting held on May 26, 2021.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this September 15, 2021.
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Resolution No. 21-84
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
RANDALL ROAD HOLDINGS, LLC,AN ILLINOIS LIMITED LIABILITY COMPANY AND
BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION DB/A BIGGERS MAZDA
(2100 N. Randall Road, Elgin, Illinois)
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 is contiguous to the City
of Elgin; 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/David J. Kaptam
David J. Kaptain, Mayor
Presented: May 26,2021
Adopted: May 26, 2021
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ANNEXATION AGREEMENT
(Biggers Mazda 2100 N. Randall Road)
THIS AGREEMENT made and entered into this 26th day of May,2021,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"), Randall Road Holdings, LLC, an Illinois limited
liability company (hereinafter referred to as the "Owner"), and Biggers Motors, Inc., an Illinois
corporation d/b/a Biggers Mazda(hereinafter referred to as"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 Rutland Dundee Fire Protection
District, and whereas each of the Trustees of said District was notified in writing by certified or
registered mail at least ten(10)days in advance of any action taken with respect to the annexation of
the Subject Property,and whereas an affidavit that service of the said notice had been provided has
been filed with the County Recorder; and
WHEREAS, the Subject Property is located within Dundee Township, and whereas the
Township Commissioner of Highways and each of the Trustees of said Township were notified in
writing by certified or registered mail at least ten (10) days in advance of any action taken with
respect to the annexation of the Subject Property; and
WHEREAS,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 Herald, a newspaper of
general circulation in the community, and the City has held such public hearing; and
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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 a public hearing was
held by the Planning and Zoning Commission 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:
l. 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, and (d) the receipt of a certified copy of the ordinance annexing the Subject
Property to the Fox River Water Reclamation District ("FRWRD"), shall pass an ordinance
annexing the Subject Property to the City. 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 annexing the Subject Property,as
provided in paragraph 2 hereof,the Corporate Authorities shall pass or adopt an ordinance zoning the
Subject Property in the Planned Area Business(PAB)District in the form attached hereto in Exhibit
C.
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.
C. The Subject Property and the development contemplated herein shall be developed in
substantial conformance with the Planned Area Business(PAB)Planned Development Ordinance
referred to in Section 3A hereof and in substantial conformance with the Final Plat of Subdivision
prepared by Terra Technology Land Surveying, Inc., last revised April 28,2021,with such further
revisions as required by the City Engineer (hereinafter referred to alternatively as "Final Plat of
Subdivision", "Development Plan" or"Development"), a copy of such Final Plat of Subdivision
being attached hereto as Exhibit D. Engineering for the Subject Property and the Development
contemplated herein shall be in substantial conformance with the Final Engineering Plans prepared
by RWG Engineering, LLC, last revised April 22, 2021, attached hereto as Exhibit E, with such
further revisions as required by the City Engineer(hereinafter referred to as the"Final Engineering
Plans"). The City and the Owner agree to make reasonable modifications to the Final Plat, Final
Engineering and/or the landscaping plans to solve engineering, layout and/or design problems not
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reasonably foreseeable at the time of the execution of this Agreement,provided that such changes are
in substantial conformance with the approved Final 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. Developer shall be allowed to seek final approval for the subdivision of the Subject
Property as depicted in the Final Plat of Subdivision with such further revisions thereto as required
by the City Engineer. The City shall approve Final Plat of Subdivision as submitted if such plat is
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.
E. Developer and Owner 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, water mains and appurtenant structures as are needed to adequately service the
Subject Property in accordance with applicable City ordinances and requirements and as are depicted
on the Preliminary Engineering Plans 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 offsite or onsite,shall be installed underground at Developer's cost. Additionally,
and notwithstanding anything to the contrary in this agreement,all existing above ground utilities on
the Subject Property or adjacent thereto, including but not limited to, electric,telephone and cable
television lines,shall be relocated underground at Owner's 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 Owner for any such improvements.Owner shall dedicate to the City,and,the City shall
accept, all municipal utility easements, required in the installation of such connection to the City
water system; 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 no off-site utility easements required to service the Subject
Property.
5. A. Except as provided in the Economic Incentive Agreement between Developer and
City relating to the development of the Subject Property ("Economic Incentive Agreement")
Developer shall comply with the Elgin Municipal Code Title 17--Development Impact Fees, as
amended, and pay the fees when due as required therein. Owner and Developer shall also comply
with City of Elgin Ordinance No. G3-02, as amended, and shall pay to the City 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
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and this Agreement as an inducement to the City to annex the Subject Property. Owner/Developer
further agrees 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. Except as provided in the Economic Incentive Agreement, the calculation of the
City's impact fees and contributions under current City ordinances and policies is attached hereto as
Exhibit F. 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 and/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/or other contributions less than the
amounts in effect as of the entry into this Agreement. Nothing herein prevents the Owner from
prepaying any impact fees in order to avoid subsequent impact fee increases.
6. Intentionally Omitted
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
water retention areas,and dry detention areas either to be retained by Owner unless said areas are to
be dedicated for public ownership and maintenance at the City's request.
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.
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9. If during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations of general applicability throughout the community to a land
developer or subdivider affecting the installation of land improvements (streets, underground
utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any
manner to impose additional requirements on the installation of land improvements within the City,
the burden of such additional requirements shall not apply to the Subject Property. This 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 and Developer to tie into the existing sanitary
sewer lines of the City,at Owner's expense,subject to payments required under any recapture and/or
reimbursement 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
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 offsite or onsite,shall also be in compliance
with the Far West Interceptor Sewers Policy for inspections and construction,dated April 30,2003.
12. City hereby agrees to allow Owner and Developer to tie into the existing water lines
of the City, at Owner's expense, subject to payments required under any recapture and/or
reimbursement 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.
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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 sewer main to the commercial
building and from the buffalo box to the commercial building)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. Except as provided in the Economic Incentive Agreement,Owner and Developer shall
comply with City of Elgin Ordinance No. G20-03,as amended,establishing a policy for the Far West
Area for Development Contributions for Roadways and shall pay such contributions to the City when
due as required therein. 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 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 does 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.
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 or person, for monetary damages.
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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. Developer 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 attached hereto as Exhibit B.
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
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. Intentionally Omitted
23. Whenever consent or approval of the City is required in order for Owner to
accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld,
conditioned,or unduly delayed.If such consent or approval is denied,such denial shall be in writing
and shall specify the reason or reasons for such denial.
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
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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 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 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 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.
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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 cant'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
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,and in addition to
any other fees,contributions and other recaptures and/or reimbursements due or which may become
due from the Developer, Developer hereby consents and agrees on behalf of itself, and each of its
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 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. Developer on behalf of themselves and their successors, assigns and the
grantees of their properties, hereby acknowledges the propriety, necessity and the legality of the
recaptures and/or reimbursements referred to in this paragraph in this Agreement,heretofore or as
may be hereinafter by the City adopted by the City,and do hereby fiuther agree and do waive any and
all rights to any and all legal or other challenges or defenses to such recaptures and/or
reimbursements and covenant on behalf of themselves and their successors,assigns and the grantees
of their properties,not to sue the City and/or any other person or entity or maintain any legal action
or defense against the City and/or any other person or entity with respect to any such recaptures
and/or reimbursements.
30. A. Prior to the commencement of the construction and final plat approval, the
Developer shall submit to the City Zoning Administrator a plan showing the location of all proposed
temporary construction 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 shall be located. The Developer shall have the right to use the construction and material
storage trailers for the purpose of its construction 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 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 used during construction shall be in compliance
with the provisions of the City's building code,except that sewer and water need not be connected to
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the temporary facilities. The Developer agrees to hold the City harmless for any liability associated
with the installation and operation of any temporary facilities.
31. Intentionally Omitted.
32. Intentionally Omitted
33. The Developer shall pay(or reimburse the City for payment of)the disconnection fee,
if any, payable to the Rutland Dundee Fire Protection District under the provisions of the
Intergovernmental Agreement between the City and the Rutland Dundee Fire Protection District. At
the time of annexation,the Developer shall deposit with the City the amount of such disconnection
fee;provided,however,that if such disconnection fee cannot be determined with precision,then the
Developer shall deposit with the City the estimated amount of such disconnection fee(based on the
last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation
and loss, according to statute, be based, the City and the Developer shall equitably readjust the
amount of such payment.
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 this
Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the
event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement,at law or in equity by
suit, action, mandamus, or any other proceeding, including specific
performance;
(b) maintain an action to recover any sums which the other party has agreed to
pay pursuant to this Agreement and which have become due and remain
unpaid for more than 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
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effectuate the use of its home rule powers. The 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. INTENTIONALLY OMITTED.
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, or as revised by written notice to the
other party:
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
-11-
If to Owner/Developer:
Biggers Mazda
Attn: Jim Leichter
1385 E. Chicago Street
Elgin, Illinois 60120
With a copy to: John J. Butera, Ltd.
1033 W. Golf Road
Hoffman Estates, Illinois 60169
40. Intentionally Omitted
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 its successors,grantees,lessees,and assigns,and upon successor
corporate authorities of the City and successor municipalities.
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 comprising 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 ofrecord 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
-12-
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 waives 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's
and/or Developer's grantees and successors in interest,propose to amend the Planned Area Business
(PAB)zoning ordinance referred to in Paragraph 3 of this Agreement above,then any such proposed
rezoning or amendment to such zoning ordinances 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. Intentionally Omitted
50. Intentionally Omitted.
51. Notwithstanding anything to the contrary in this Agreement,and in addition to other
requirements imposed by the City,in the event the Subject Property is adjacent to or abuts any Kane
County highway, Owner and Developer agree as follows:
A. In the event the development of the Subject Property provides for any new means of
access from the Subject Property to any abutting Kane County highway or proposes to enlarge or
extend any existing means of access from the Subject Property to an abutting Kane County highway,
that such access shall be in accordance with Kane County access and permit regulations which may
include access design standards and criteria such as right of way requirements, easement
requirements,site(internal)traffic circulation,turn lanes,traffic control and stormwater detention.
B. Improvements to the adjacent Kane County highway(including, but not limited to,
channelization,signalization,signal interconnects and lighting improvements)required/warranted by
the development of the Subject Property shall be at the sole cost of the Owner and/or Developer.
Permit and design requirements for the improvements to the adjacent Kane County highway shall be
determined by and subject to the review and approval of the Kane County Engineer in accordance
with Kane County Division of Transportation Permit Regulations and Access Control Regulations.
C. Owner and Developer shall dedicate and convey, at no cost to the City or Kane
County, additional right of way for the Kane County Highway right of way adjacent to the Subject
Property as listed within the Access Permit Section and Roadway Functional Classifications in the
Kane County Division of Transportation Permit Regulations.
D. Notwithstanding anything to the contrary in this paragraph 51 or in this Agreement,
nothing is intended nor shall be construed to authorize Kane County to exercise any zoning,
subdivision or other land use authority conferred by law upon the City and nothing in this paragraph
-13-
51 is intended or shall be construed to mandate any action by the Owner and/or Developer which is
not permitted by law.
52. Intentionally Omitted
53. 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.
54. 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 agrees to the extent permitted by law upon the written request from the City to attempt to
intervene in such proceedings and at Owner and Developer's expense to join the City in the defense
thereof.
55. Owner and Developer on behalf of themselves- and their respective successors,
assigns and grantees of their properties,hereby acknowledges 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 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.
56. This Agreement may be executed in counter-parts,each of which shall be an original
and all of which shall constitute one in the same Agreement. This Agreement may be executed
electronically and any signed copy of this Agreement transmitted by fax machine or e-mail shall be
treated in all manners and respects as an original document. The signature of any party on a copy of
this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an
original signature and shall have the same legal effect as an original signature.
-14-
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:
Corporation RANDALL ROAD HOLDINGS, L
By By
Mayor
Attest: Atte t:
City Clerk
DEVELOPER:
BIGGERS
MOTORS, INC.
By: Jaes chter, pe
A e
dent
1 4
FALegal Dept\Agreement\Annexation-Biggers Motors-2100 Randall-clean-5-18-21.doc
-15-
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: Planned Area Business (PAB)Zoning Ordinance
Exhibit D: Final Plat of Subdivision
Exhibit E: Final Engineering Plans
Exhibit F: Impact Fees
-16-
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 42
NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID
SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 38
SECONDS EAST,ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A
DISTANCE OF 2217.13 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST, ALONG
SAID NORTH LINE, A DISTANCE OF 362.14 FEET TO A POINT ALONG THE
WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD; THENCE SOUTH 00
DEGREES 46 MINUTES 33 SECONDS WEST ALONG SAID WESTERLY LINE, A
DISTANCE OF 543.35 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 06
SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 156.77
FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 38 SECONDS WEST, A
DISTANCE OF 611.76 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 56
SECONDS WEST,A DISTANCE OF 481.98 FEET;THENCE SOUTH 45 DEGREES 03
MINUTES 09 SECONDS EAST, A DISTANCE OF 21.21 FEET; THENCE NORTH 89
DEGREES 56 MINUTES 38 SECONDS EAST, A DISTANCE OF 146.88 FEET;
THENCE EASTERLY ALONG AN ARC OF A CURVE CONCAVE SOUTHERLY
WITH A RADIUS OF 87.00 FEET, AN ARC LENGTH OF 68.33 FEET, SAID ARC
HAVING A CHORD BEARING OF SOUTH 67 DEGREES 33 MINUTES 22 SECONDS
EAST WITH A CHORD LENGTH OF 66.59 FEET;THENCE SOUTH 45 DEGREES 03
MINUTES 22 SECONDS EAST, A DISTANCE OF 25.24 FEET; THENCE
SOUTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE NORTHEASTERLY
WITH A RADIUS OF 74.00 FEET, AN ARC LENGTH OF 25.14 FEET, SAID ARC
HAVING A CHORD BEARING OF SOUTH 54 DEGREES 47 MINUTES 22 SECONDS
EAST WITH A CHORD LENGTH OF 25.02 FEET:THENCE NORTH 00 DEGREES 03
MINUTES 22 SECONDS EAST, A DISTANCE OF 290.80 FEET TO THE POINT OF
BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS.
(Commonly known as 2100 North Randall Road).
EXHIBIT B
PIA PLA T OF ANNEXA TION
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KANE COUNTY, ILLINOIS
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EXHIBIT B
EXHIBIT C
Ordinance No. G29-21
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA
BUSINESS DISTRICT
(2100 North Randall Road)
WHEREAS, the territory legally described herein (the "Subject Property") has been
annexed to the City of Elgin; and
WHEREAS, written application has been made to classify the Subject Property located at
2100 N. Randall Road PAB Planned Area Business District and ARC Arterial Road Corridor
Overlay District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on April 5,2021, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance classifying certain
territory in the PAB Planned Area Business District pertains to the government and affairs of the
city.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated April 5, 2021, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official
Zoning District Map"of the Elgin Municipal Code,as amended,be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the"Zoning District Map", as amended, be and are
hereby altered by including in the PAB Planned Area Business District the following
described property:
SUBJECT PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION
30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF THE SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES
56 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER, A DISTANCE OF 2217.13 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 56 MINUTES 38
SECONDS EAST,ALONG SAID NORTH LINE,A DISTANCE OF 362.14 FEET TO A
POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD;
THENCE SOUTH 00 DEGREES 46 MINUTES 33 SECONDS WEST ALONG SAID
WESTERLY LINE, A DISTANCE OF 543.35 FEET; THENCE SOUTH 01 DEGREES
29 MINUTES 06 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, A
DISTANCE OF 156.77 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 38
SECONDS WEST, A DISTANCE OF 611.76 FEET; THENCE NORTH 00 DEGREES
02 MINUTES 56 SECONDS WEST,A DISTANCE OF 481.98 FEET;THENCE SOUTH
45 DEGREES 03 MINUTES 09 SECONDS EAST, A DISTANCE OF 21.21 FEET;
THENCE NORTH 89 DEGREES 56 MINUTES 38 SECONDS EAST,A DISTANCE OF
146.88 FEET; THENCE EASTERLY ALONG AN ARC OF A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 87.00 FEET, AN ARC LENGTH OF 68.33 FEET,
SAID ARC HAVING A CHORD BEARING OF SOUTH 67 DEGREES 33 MINUTES
22 SECONDS EAST WITH A CHORD LENGTH OF 66.59 FEET;THENCE SOUTH 45
DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 25.24 FEET;
THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE
NORTHEASTERLY WITH A RADIUS OF 74.00 FEET, AN ARC LENGTH OF 25.14
FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 54 DEGREES 47
MINUTES 22 SECONDS EAST WITH A CHORD LENGTH OF 25.02 FEET: THENCE
NORTH 00 DEGREES 03 MINUTES 22 SECONDS EAST, A DISTANCE OF 290.80
FEET TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY,
ILLINOIS.
(commonly known as 2100 North Randall Road)
- 2-
Section 3. That the City Council of the City of Elgin hereby classifies the subject property
in 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 communitywide or regional supporting population,subject to the provisions of
Chapter 19.60"Planned Developments"of the Elgin Municipal Code,as amended.
A PAB 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
requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin
Municipal Code,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 Planned Area Business 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, as amended.
D. Zoning Districts; Generally. In this PAB Planned Area Business 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, as amended.
E. Location and Size of District. PAB Planned Area Business Districts should be
located in substantial conformance to the official comprehensive plan. The amount
of land necessary to constitute a separate PAB Planned Area Business District
exclusive of rights of way, but including adjoining land or land directly opposite a
right of way shall not be less than two (2) acres. No departure from the required
minimum size of a planned area business district shall be granted by the City
Council.
F. Land Use. In this PAB Planned Area Business District, the use and development
of land and structures shall be subject to the provisions of Chapter 19.10 "Land
Use", of the Elgin Municipal Code, as amended. The following enumerated "land
uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a
"conditional use" [SR] this PAB Planned Area Business District:
Permitted Uses
1. Retail Trade Division
Motor vehicle dealers(5994)
- 3 -
2. Services Division
Car washes [SR](7542)upon Lot 1,in so long as it is located immediately west
of the dealership building and provided that such car wash building does not
extend north or south of the northern- or southern-most exterior walls of the
dealership building respectively. To be certain, said car wash building shall not
front Randall Road, it shall not have direct access to Randall Road, and it shall
not have its own free-standing sign(s) at any location. Said car wash building
shall be designed of building materials that are consistent with those building
materials of the dealership building.
Conditional Uses
There shall be no permitted "conditional uses" [SR] in this PAB Planned Area
Business District:
G. Site Design. In this PAB Planned Area Business District,the use and development
of land and structures shall be subject to the provisions of Section 19.12, "Site
Design", of the Elgin Municipal Code, as amended, Section 19.35.435 "Site
Design"for AB Area Business District, of the Elgin Municipal Code, as amended,
except as provided within this section,and shall be in substantial conformance with
the following documents:
1. Substantial conformance to the Development Application submitted by James
Leichter, as applicant, and Randall Road Holdings LLC, as property owner,
received March 12, 2021, and supporting documents including:
a. Letter from Biggers Motors, Inc. d/b/a Biggers Mazda regarding "The
Property Located at 15N440 N. Randall Road Currently Located within the
Corporate Boundaries of Sleepy Hollow",received February 24, 2020;
b. Plat of Survey, prepared by Terra Technology Land Surveying, Inc., dated
November 4, 2020;
c. Plat of Disconnection from the Village of Sleepy Hollow,prepared by Terra
Technology Land Surveying, Inc., dated November 4,2020;
d. Plat of Annexation to the City of Elgin,prepared by Terra Technology Land
Surveying, Inc., dated November 4, 2020, last revised May 18, 2021, with
such further revisions as required by the Community Development
Director;
e. Final Plat of Subdivision Biggers Subdivision, prepared by Terra
Technology Land Surveying Inc., dated November 4, 2020, last revised
April 28, 2021, with such further revisions as requested by the City
Engineer;
f. Plat of Easement,prepared by Terra Technology Land Surveying Inc.,dated
November 4, 2020, with such further revisions as requested by the City
Engineer;
-4-
g. Biggers Chevrolet Mazda landscape plan, prepared by Ware Landscaping,
dated February 19, 2021, last revised May 12, 2021, with such further
revisions as requested by the Community Development Director;
h. Biggers Mazda,Elgin,IL photometrics plan,prepared by KSA Lighting and
Controls, dated May 14, 2021, witch such further revisions as requested by
the Community Development Director;
i. Four-page architectural plans for Biggers Mazda Elgin Auto Mall — Lot 6
Elgin,IL,including Sheets:A00.10,A02.01,A04.01,and A04.02,prepared
by Simon Design Group, LLC,dated February 19, 2021,last revised March
19, 2021, with such further revisions as requested by the Community
Development Director;
j. Undated Seven-page signage plans prepared by Meyer Signs & Graphics,
received February 23, 2021,with such further revisions as requested by the
Community Development Director; and
k. Final Engineering Plans for Biggers Mazda Dealership Elgin, Illinois,
prepared by RWG Engineering, LLC, dated February 3, 2021, last revised
April 22, 2021, with such further revisions as requested by the City
Engineer.
In the event of any conflict between such documents and the terms of this
ordinance or other applicable city ordinances, the terms of this ordinance or
other applicable city ordinances shall supersede and control.
2. A departure is hereby granted to construct the vehicle use areas on Lot 1 with
the minimum vehicle use area interior yard setback of 5 feet.
3. A departure is hereby granted to construct the refuse collection area on Lot 1
with the minimum interior yard setback of 5 feet.
4. A departure is hereby granted to install all required vehicle use area landscape
yard and vehicle use area interior landscape yard trees and shrubs in alternate
locations from those required by the zoning ordinance in compliance with
Biggers Chevrolet Mazda landscape plan, prepared by Ware Landscaping,
dated February 19,2021, last revised May 12,2021,with such further revisions
as requested by the Community Development Director.
5. A departure is hereby granted to construct the proposed building with a
maximum of 52% of non-masonry exterior building materials per building
elevation.
6. A departure is hereby granted to construct the stormwater detention facilities
with side slopes greater than 4:1.
- 5 -
7. The location and design of vehicular access to the property and the associated
Randall Road right-of-way is subject to the review and approval of the Kane
County Division of Transportation.
8. If there are any conflicts between the Site Geometric and Paving Plan,prepared
by RWG Engineering,LLC,dated February 3,2021,last revised April 22,2021
("Site Geometric and Paving Plan") and any other plans and documents
provided with the application materials submitted as part of Petitions 09-21, 13-
21, and 14-21, the"Site Geometric and Paving Plan" shall control and prevail.
A stand-alone car wash building is permitted upon Lot 1 in so long as it is
located immediately west of the dealership building and provided that said car
wash building does not extend north or south of the northern-or southern-most
exterior walls of the dealership building respectively. To be certain, said car
wash building shall not front Randall Road, it shall not have direct access to
Randall Road,and it shall not have its own free-standing sign(s)at any location.
Said car wash building shall be designed of building materials that are
consistent with those building materials of the dealership building.
9. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PAB Planned Area Business District,off-street parking
shall be subject to the provisions of Chapter 19.45"Off Street Parking",of the Elgin
Municipal Code, as amended.
I. Off Street Loading. In this PAB Planned Area Business District,off-street loading
shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the
Elgin Municipal Code, as amended.
J. Signs. In this PAB Planned Area Business District, signs shall be subject to the
provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended,
except as provided within this section,and shall be in substantial conformance with
the following:
1. A departure is hereby granted to construct one directional graphic 7 feet high
and 35.41 square feet in sign surface area not including the masonry base, on
Lot 1 in rear of the existing building, three monument/directional graphics on
Lot 4 in substantial conformance with undated Seven-page signage plans,
prepared by Meyer Signs & Graphics, received February 23, 2021, with such
further revisions as requested by the Community Development Director.
K. Nonconforming Uses and Structures. In this PAB Planned Area Business
District, nonconforming uses and structures shall be subject to the provisions of
Chapter 19.52"Nonconforming Uses and Structures"of the Elgin Municipal Code,
as amended.
- 6 -
L. Amendments. In this PAB Planned Area Business District, text and map
amendments shall be subject to the provisions of Chapter 19.55 "Amendments"of
the Elgin Municipal Code, as amended
M. Planned Developments. In this PAB Planned Area Business 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, as amended. A
conditional use for a planned development may be requested by the property owner
without requiring an amendment to this PAB zoning district.
N. Conditional Uses. In this PAB Planned Area Business District, conditional uses
shall be subject to the provisions of Chapter 19.65 "Conditional Uses",of the Elgin
Municipal Code, as amended. A conditional use may be requested by the property
owner without requiring an amendment to this PAB zoning district.
O. Variations. In this PAB Planned Area Business District,variations shall be subject
to the provisions of Chapter 19.10.500"Authorized Land Use Variations",Chapter
19.12.800 "Authorized Site Design Variations", and Chapter 19.70 "Variations",
of the Elgin Municipal Code, as amended. A variation may be requested by the
property owner without requiring an amendment to this PAB zoning district.
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,
as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain, Mayor
Presented: May 26, 2021
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
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EXHIBIT D
FINAL PLAT OF SUBDMSION
CBIGGERS SUBDIVISION 1
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ANNEXATION AGREEMENT EXHIBIT F:
CALCUATION OF CITY IMPACT FEES AND CONTRIBUTIONS
May 26, 2021
Project Name or Address: Biggers Mazda 2100 N. Randall Road
Year: 2021
School District(46, 301, or 300): 300
Location: NW
Sewer Recapture Area: North Randall
Water System NUMber of Charge
Capital Connection Fees (§ 17.04.050) Services Per Service Total Charge
Number of 1"or Smaller Water Services: 0 $1,300 $0
Number of 1.25"Water Services: 0 $2,030 $0
Number of 1.5"Water Services: 0 $2,910 $0
Number of 2"Water Services: 1 $5,160 $5,160
Number of 4"Water Services: 0 $20,680 $0
Number of Water Services Larger than 4": 0 $25,000 $0
Fire Suppression Service: 1 1 $1,300 1 $1,300
Subtota : 2 6,460
FEE CATEGORY REVENUE CODE ALLOCATION
Park Capital: 340-0000-605.28-51 $0.00
Park Land: 340-0000-605,14-51 $0.00
Library: 010-0000-237.12-00 $0.00
Public Safety(NW): 010-0000-605.63-11 $1,145.04
Roadway Contribution: Road Project Fee $0.00
School Capital (300): Unknown $0.00
School Land (300): Unknown $0.00
Sewer Recapture (Bowes Creek Oversize): 440-0000-605.15-07 $0.00
Sewer Recapture (Bowes Road I.S.): 440-0000-605.15-02 $0.00
Sewer Recapture (BRIS Trunk 20): 440-0000-605.15-06 $0.00
Sewer Recapture (North Randall I.S.): 440-0000-605.15-03 $9,276.85
Sewer Recapture (Northwest I.S.): 440-0000-605.15-05 $4,171.99
Sewer Recapture (Tyler Creek/Big Timber): 440-0000-605.15-01 $0.00
Water System Capital Connection Fee: 420-0000-605.29-00 $6,460.00
TOTAL: 21,053.89
OTHER
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