HomeMy WebLinkAbout22-132 Resolution No. 22-132
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
ANNEXATION AGREEMENT WITH PINGREE CREEK, LLC
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS, the owners of certain property commonly known as the Pingree Creek
Subdivision at 4400 Damisch Road, Elgin, Illinois have proposed that the annexation agreement
between the owners and the City of Elgin concerning said property be further 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 Third Amendment to Annexation Agreement with Pingree
Creek, LLC is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN,ILLINOIS,that David J. Kaptain,Mayor,and Kimberly A. Dewis, City Clerk,be and are
hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment
to Annexation Agreement with Pingree Creek, LLC, a copy of which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 27, 2022
Adopted: July 27,2022
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD AMENDMENT TO ANNEXATION AGREEMENT
(Pingree Creek Subdivision)
THIS THIRD AMENDMENT AGREEMENT ("Third Amendment") is made and
entered into this 27 day of July , 2022,by and between the City of Elgin, Illinois, a
municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter
referred to as the "City"), and PINGREE CREEK, LLC, an Illinois limited liability company,
(hereinafter referred alternatively as the "Owner"or"Developer").
WHEREAS,Owner is the owner of record of the real property legally described in Exhibit
"A", which is attached and made a part hereof(which real property, for convenience, is hereafter
referred to as the"Subject Property"); and
WHEREAS, the City and the Owner previously entered into an Annexation Agreement
for the Subject Property dated February 25, 2004 (hereinafter referred to as the "Annexation
Agreement"); and
WHEREAS, the City and the Owner thereafter entered into a first amendment to the
Annexation Agreement for the Subject Property with such first amendment bearing a date of July
27, 2005 (hereinafter referred to as the"First Amendment"); and
WHEREAS, the City and the Owner thereafter entered into a second amendment to the
Annexation Agreement for the Subject Property with such second amendment bearing a date of
August 12, 2009, (hereinafter referred to as the"Second Amendment"); and
WHEREAS,the Owner has filed a petition with the City to further amend the Annexation
Agreement, the First Amendment to Annexation Agreement, and the Second Amendment to the
Annexation Agreement for the Subject Property, the zoning ordinances for the Subject Property,
and the Master Concept Plan/Preliminary Plat of Subdivision for Subject Property; and
WHEREAS,the City and the Owner acknowledge and agree that the Subject Property has
previously validly been annexed to the City; and
WHEREAS, the Mayor and City Council of the City (Corporate Authorities) have duly
set a time, date and place for a public hearing on this Third Amendment to the Annexation
Agreement, and have caused due notice to be made of said public hearing in a newspaper with
general circulation in the community, and the City has held such public hearing; and
WHEREAS,pursuant to notice as required by statute and ordinance public hearings were
held by the Planning and Zoning Commission of the City on the requested zoning of the Subject
Property; and
WHEREAS, a public hearing was held on this Third Amendment to the Annexation
Agreement as required by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,the parties hereto agree as follows:
1. This Third Amendment to Annexation Agreement is made pursuant to and in
accordance with the provisions of Section 11 of the Illinois Municipal Code(65 ILCS 5111-15.1.1
et seq.), and in the exercise of the home rule power of the City.
2. The Annexation Agreement dated February 25, 2004 (the "Annexation
Agreement"), the First Amendment to Annexation Agreement dated July 27, 2005 (the "First
Amendment") and the Second Amendment to the Annexation Agreement dated August 12, 2009,
(the"Second Amendment")be and are further hereby amended as follows:
A. Within thirty(30)days after the entry into and execution of this Third Amendment
to Annexation Agreement the Corporate Authorities shall pass or adopt the following ordinances
and resolution:
i. an ordinance reclassifying the portion of the Subject Property depicted in
the Pingree Creek zoning map prepared by ESM Civil Solutions, LLC,
dated last revised October 27, 2020, attached hereto as Exhibit C-5
(hereinafter referred to alternatively as the "Zoning Map" or the "Master
Concept Plan"), in the PSFR2 Planned Single Family Residence District
(Narrow Lot)in the form attached hereto in Group Exhibit C-6.
ii. an ordinance reclassifying the portion of the Subject Property depicted in
the Zoning Map attached hereto as Exhibit C-5 in the PSFR2 Planned Single
Family Residence District (Standard Lot) in the form attached hereto in
Group Exhibit C-6.
iii. an ordinance reclassifying the portion of the Subject Property depicted in
the Zoning Map attached hereto as Exhibit C-5 in the PMFR Planned
Multiple Family Residence District in the form attached hereto in Group
Exhibit C-6.
iv. an ordinance reclassifying the portion of the Subject Property depicted in
the Zoning Map attached hereto as Exhibit C-5 in the PCF Planned
Community Facility District in the form attached hereto in Group Exhibit
C-6.
V. an ordinance reclassifying the portion of the Subject Property depicted in
the Zoning Map attached hereto as Exhibit C-5 in the PNB Planned
Neighborhood Business District in the form attached hereto in Group
Exhibit C-6.
B. The Zoning Map/Master Concept Plan referred to above in Section 2Ai hereof,shall
supersede and replace all prior zoning maps, master concept plans or preliminary plats of
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subdivision for the Subject Property previously provided for or referred to in the Annexation
Agreement,the First Amendment or the Second Amendment.
C. The currently approved Engineering Plans for Highland Avenue prepared by
Manhard Consulting dated January 31,2008,last revised June 23,2010, provide for the Developer
to construct at its cost a 12-inch water main in the Highland Avenue right-of-way from Reinking
Road to Hutchinson Lane and an 8-inch watermain from Hutchinson Lane to Damisch Road.These
plans will be revised by the Developer prior to construction to incorporate a 16-inch watermain in
the Highland Avenue right of way from Reinking Road to Damisch Road in lieu of such 12-inch
and 8-inch watermains. Developer shall also provide for the design and construction of a further
extension of such a 16-inch water main in the Highland Avenue right-of-way from Damisch Road
easterly to the easterly boundary of the Subject Property pursuant to plans approved by the City
(such further extension of a 16-inch water main in the Highland Avenue right-of-way from
Damisch Road to the easterly boundary of the Subject Property is hereinafter referred to as the
"Subject Additional Highland Avenue Water Main"). The construction of such Subject Additional
Highland Avenue Water Main shall occur in conjunction with the improvements to Highland
Avenue by the Developer which shall occur no later than the earlier of the development of the
Subject Property adjacent to Highland Avenue or within three(3)years of the entry into this Third
Amendment to the Annexation Agreement. Upon Developer completing the construction of such
Subject Additional Highland Avenue Water Main and the City's approval thereof, and such water
main being operational, the City shall reimburse the Developer the reasonable costs of the design
and construction of such Subject Additional Highland Avenue Water Main.
D. Paragraph 9 of the Annexation Agreement is hereby amended to read as follows:
"Except as specifically permitted pursuant to variation or planned development approval,
or by the engineering specifications set forth in Exhibit G-1 of this Agreement,or Sections
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, codes, engineering general notes,
engineering standard details and the City's subdivision checklist in effect as of the date of
the Third Amendment to the Annexation Agreement."
E. Exhibit G to the Annexation Agreement providing for certain development specific
engineering and construction standards and specifications is hereby amended as set forth in Exhibit
G-1 hereto. In consideration of the deletion of the development specific paving specifications for
the Subject Property as provided in Exhibit G-1,the City shall provide the Developer a total credit
against roadway contribution fees due and payable for the development in the total amount of
Three Million One Hundred Ninety-Eight Thousand Twenty-Six Dollars and Twenty-Eight Cents
($3,198,026.28), with such credit to be provided on a building permit by building permit basis in
the amount of One Thousand Seventy-Three Dollars and Twenty-Eight Cents ($1,073.16) per
residential dwelling unit when the building permit is issued therefore. The amount of such credits
of $3,198,026.28 and$1,073.16 each shall be increased three percent(3%)per year for the twenty
(20) years following the entry into this Third Amendment to the Annexation Agreement in
conjunction with such percentage increase in the city's roadway contribution fees.
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F. Exhibit J to the Annexation Agreement and Exhibit J-1 to the Second Amendment
providing for a schedule of impact fees and contributions are hereby further amended as set forth
in Group Exhibit J-2 attached hereto.
G. Paragraph 18 of the Annexation Agreement is hereby amended with respect to the
Subject Property to read as follows:
"This Annexation Agreement(as further amended by the First Amendment,Second
Amendment and Third Amendment thereto)shall be in effect for a period of twenty
(20) years from and after the execution of the Third Amendment, 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. Upon the
expiration of the term of this Annexation Agreement as extended herein, (a) this
Annexation Agreement shall be of no further force or effect, (b) the zoning
classifications granted the Subject Property pursuant to this Annexation
Agreement, as amended, shall remain in full force and effect unless and until
amended by ordinance adopted by the City pursuant to rezoning procedures then in
effect, and (c) the development of the remainder of the Subject Property shall
proceed in accordance with all applicable ordinances then and thereafter in effect
in the City of Elgin. The provisions of this Paragraph 18 shall survive the expiration
of this Annexation Agreement. In the event that such extension of the term of this
Annexation Agreement is determined by a court of competent jurisdiction to exceed
the maximum time that an Annexation Agreement may lawfully remain in effect,
then for and with respect to any such period that is so held to be in excess of such
maximum lawful period for annexation agreements, this Annexation Agreement,
with the exception of Section 2 thereof relating to the annexation of the Subject
Property,shall be deemed to have been automatically converted into a development
agreement between the parties hereto."
H. A new Paragraph 51 is hereby added to the Annexation Agreement to read as
follows:
"51. A. The City agrees to pursue the design and construction of the Route 20
roundabout (the "Route 20 Roundabout Project"). The current engineering plans for the
Route 20 Roundabout Project are provided in the engineering plans prepared by Trotter
and Associates dated February 28, 2020, last revised March 21, 2022, attached hereto as
Exhibit O (the"Subject Route 20 Roundabout Plans"). The Subject Route 20 Roundabout
Plans are subject to further revisions as directed by IDOT, the City or pursuant to other
applicable legal requirements.
B. The current estimated cost for the design and construction of the Route 20 Roundabout
Project is Four Million One Hundred Ninety-Nine Thousand Three Hundred Ninety-Five
Dollars ($4,199,395) as set forth in the current cost summary for the design and
construction of the Route 20 Roundabout Project attached hereto as Exhibit P. The City
has been awarded STP-L grant funding for the Route 20 Roundabout Project in the total
current amount of One Million Seven Hundred and Fifty-One Thousand Two Hundred
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Dollars($1,751,200.00). The City's agreement to pursue the design and construction of the
Route 20 Roundabout Project is subject to and contingent upon the City actually receiving
such STP-L grant funds in an amount not less than One Million Seven Hundred and Fifty-
One Thousand Two Hundred Dollars ($1,751,200.00).
C. The current estimated remaining unfunded costs for the design and construction of the
Route 20 Roundabout Project is Two Million Four Hundred Forty-Eight Thousand One
Hundred Ninety-Five Dollars ($2,448,195.00). The City and Developer agree to share
equally the estimated remaining unfunded costs for the design and construction of the
Route 20 Roundabout Project with both the City and the Developer each being responsible
for One Million Two Hundred Twenty-Four Thousand Ninety-Seven Dollars and Fifty
Cents($1,224,097.50)of such remaining unfunded costs(respectively the"City's Share of
the Route 20 Roundabout Project"and the"Developer's Share of the Route 20 Roundabout
Project"). In the event the actual costs for the design and construction of the Route 20
Roundabout Project increase above the current estimated amount, the City's Share of the
Route 20 Roundabout Project and the Developer's Share of the Route 20 Roundabout
Project shall each increase in the same amounts and each party will be responsible for one-
half of such additional remaining unfunded costs. For the purposes of clarification and
example, if the costs for the design and construction of the Route 20 Roundabout Project
increases by Two Hundred Thousand Dollars($200,000.00),the City's and the Developer's
share to pay remaining unfunded costs will each increase by One Hundred Thousand
Dollars ($100,000.00) to a total of One Million Three Hundred Twenty-Four Thousand
Five Hundred Forty-One Dollars and Fifty Cents ($1,324,541.50) each. In the event the
actual cost of the design and construction of the Route 20 Roundabout Project decrease
below the current estimated amount,the City's Share of the Route 20 Roundabout Project
and the Developer's Share of the Route 20 Roundabout Project shall each decrease in the
same amounts and each party remaining share will be decreased in the same amounts
accordingly.
D. Notwithstanding the foregoing, or anything else to the contrary in this Agreement,it is
understood and agreed that the City may be pursuing additional grant funding opportunities
for the Route 20 Roundabout Project. In the event the City receives additional grant
funding for the Route 20 Roundabout Project such funds will be initially utilized to reduce
or eliminate the City's Share of the Route 20 Roundabout Project. In the event that the City
receives additional grant funding for the Route 20 Roundabout Project which exceeds the
City's Share of the Route 20 Roundabout Project, any such additional grant funds will be
applied to reduce the Developer's Share of the Route 20 Roundabout Project.
E. The City shall initially advance Developer's Share of the Route 20 Roundabout Project.
The Developer agrees to and shall reimburse the City for Developer's Share of the Route
20 Roundabout Project. Such reimbursement by the Developer to the City shall initially
be provided for whereby the City shall on a building permit by building permit basis apply
a portion of the roadway contribution fees paid by the Developer to the City in conjunction
with the development of the Subject Property in the amount of Three Hundred Eighty-Nine
Dollars and Forty-Four cents ($389.44) per residential dwelling unit when the building
permit is issued therefore to the then current balance of Developer's Share of the Route 20
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Roundabout Project. Notwithstanding the foregoing, in the event the City has completed
the Route 20 Roundabout Project and the Developer has not fully reimbursed the City for
the Developer's Share of the Route 20 Roundabout Project within five (5) years of the
substantial completion of the construction of the Route 20 Roundabout Project and the
determination of the final total costs thereof all as determined by the City's Public Works
Director, the Developer shall then pay to the City in full any remaining balance of the
Developer's Share of the Route 20 Roundabout Project (the "Balance of Developer's
Share"). In such event, thereafter, Developer shall receive a credit against roadway
contribution fees due and payable for the development on the Subject Property with such
credit to be provided on a building permit by building permit basis in the amount of Three
Hundred Eighty-Nine Dollars and Forty-Four Cents($389.44)per residential dwelling unit
when the building permit is issued therefore until the Developer has recovered the Balance
of Developer's Share.
F. The Developer shall at the request of the City convey and dedicate at no cost to IDOT
(or the City if so directed by City)property the Developer owns or controls which the City
determines is necessary for the Route 20 Roundabout Project.
G.The City will be the responsible party to pursue the design and construction of the Route
20 Roundabout project. The City currently expects to award a contract for Phase III
engineering in 2022, seek bids through an MOT letting in 2023, and to commence
construction in 2024. Such schedule is subject to change based upon availability of funds
and other circumstances outside of the City's reasonable control."
I. Paragraph 18 of the Annexation Agreement is hereby amended with respect to the
Subject Property to read as follows:
"This Annexation Agreement(as further amended by the First Amendment,Second
Amendment and Third Amendment thereto)shall be in effect for a period of twenty
(20) years from and after the execution of the Third Amendment, 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. Upon the
expiration of the term of this Annexation Agreement as extended herein, (a) this
Annexation Agreement shall be of no further force or effect, (b) the zoning
classifications granted the Subject Property pursuant to this Annexation
Agreement, as amended, shall remain in full force and effect unless and until
amended by ordinance adopted by the City pursuant to rezoning procedures then in
effect, and (c) the development of the remainder of the Subject Property shall
proceed in accordance with all applicable ordinances then and thereafter in effect
in the City of Elgin. The provisions of this Paragraph 18 shall survive the expiration
of this Annexation Agreement. In the event that such extension of the term of this
Annexation Agreement is determined by a court of competent jurisdiction to exceed
the maximum time that an Annexation Agreement may lawfully remain in effect,
then for and with respect to any such period that is so held to be in excess of such
maximum lawful period for annexation agreements, this Annexation Agreement,
with the exception of Section 2 thereof relating to the annexation of the Subject
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Property,shall be deemed to have been automatically converted into a development
agreement between the parties hereto."
3. That in the event of any conflict between the terms of this Third Amendment to
Annexation Agreement and the terms of the Annexation Agreement,the First Amendment,and/or
the Second Amendment, the terms of this Third Amendment to Annexation Agreement shall
control.
4. This Third Amendment may be executed in multiple counter-parts, all of which
together, shall constitute one and the same agreement. Further, photocopies, facsimile
transmissions, email transmissions and other reproductions of this Third Amendment and/or the
signatures hereon shall be the equivalent of originals
5. That except as expressly amended in this Third Amendment to Annexation
Agreement, the terms of the Annexation Agreement, the First Amendment and the Second
Amendment, shall remain in full force and effect.
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: OWNER:
CITY OF ELGIN, a municipal corporation PINGREE CREEK, LLC
By: Shodeen Group, L.L.C.
Its: Manager
t
By: By: Cam,
Mayor David A. Patzel Se Vice President
A st• By:
City Clerk Cr 'g A. Shodeen; Senior Vice President
Legal Dept\Agreement\Annexation-Pingree Creek-Third Amend ment-Clean-6-27-22.docx
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EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit C-5: Zoning Map/Master Concept Plan
Group Exhibit C-6: PSFR2 Planned Single Family Residence District(narrow lot) Ordinance
PSFR2 Planned Single Family Residence District(standard lot) Ordinance
PMFR Planned Multiple Family Residence District Ordinance
PCF Planned Community Facility District Ordinance
PNB Planned Neighborhood Business District Ordinance
Exhibit G-1: Annexation Agreement Exhibit Pingree Creek Amendments to Subdivision
Ordinance and Engineering and Construction Standards and Specifications
Group Exhibit J-2: Amended Impact Fees
Exhibit O Current engineering plans for the Route 20 Roundabout Project prepared by
Trotter and Associated dated February 28, 2020, last revised March 21,
2022.
Exhibit P Current Cost Summary for Design and Construction of Route 20
Roundabout Project
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EXHIBIT A
COMBINED PINGREE CREEK LEGAL DESCRIPTION
That part of the Southwest Quarter of Section 27, part of the East Half of
Section 33 and part of Section 34, Township 42 North, Range 7 East of the
Third Principal Meridian described as follows: Commencing at the most
northerly corner of Lot 1, Block 3, Pingree Grove and Daniel Pingree's
Addition to Pingree Grove, Kane County, Illinois; thence northeasterly along
a line forming an angle of 63°25'00" with the northwesterly extension of the
northeasterly line of said Lot 1, 234.75 feet for a point of beginning; thence
southwesterly along the last described course 234.75 feet to the northeast
corner of said Lot 1; thence northwesterly along said northwesterly
extension 66.0 feet; thence northeasterly along a line forming an angle of
116°35'00" with the last described course (measured counterclockwise
therefrom) 17.89 feet to a line drawn parallel with and 16.0 feet
northeasterly of the northeasterly line (measured at right angles thereto) of
Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree
Grove; thence northwesterly along said parallel line, being also 16.0 feet
northeasterly of and parallel with the northeasterly line of Lots 1 through 4
of Mrs. H.M. Pingree's Second Addition to Pingree Grove, Kane County,
Illinois 652.04 feet to the northeasterly extension of the northwesterly line
of said Lot 1; thence southwesterly along said northeasterly extension and
northwesterly line forming an angle of 89°51'13" with the last described
course (measured clockwise therefrom) 149.79 feet to the center line of
Reinking Road; thence northerly along said center line forming an angle of
73°56'24" with the last described course (measured counterclockwise
therefrom) 1931.32 feet to the center line of Highland Avenue; thence
easterly along said center line forming an angle of 82'39'11" with the last
described course (measured counterclockwise therefrom) 1770.58 feet to a
line drawn parallel with and 792.0 feet(12.0 chains) easterly of the west line
(measured at right angles thereto) of the Northwest Quarter of said Section
34; thence northerly along said parallel line forming an angle of 97°51'22"
with the last described course (measured clockwise therefrom) 1878.47 feet
to the north line of said Northwest Quarter; thence westerly along said north
line forming an angle of 89°44'39"with the last described course (measured
clockwise therefrom) 33.01 feet to a line drawn parallel and with 759.0 feet
(11.50 chains) easterly of the west line (measured at right angles thereto)
of the Southwest Quarter of said Section 27; thence northerly along said
parallel line forming an angle of 90°05'57" with the last described course
(measured counterclockwise therefrom) 1321.48 feet to the north line of the
South Half of said Southwest Quarter; thence easterly along said north line
forming an angle of 89°56'24" with the last described course (measured
counterclockwise therefrom) 1888.88 feet to the northeast corner of said
South Half; thence southerly along the east line of said South Half forming
an angle of 89°54'51" with the last described course (measured
counterclockwise therefrom) 1322.76 feet to the northwest corner of the
Northwest Quarter of the Northeast Quarter of said Section 34; thence
easterly along the north line of the Northwest Quarter of said Northeast
Quarter forming an angle of 89°44'42" with the last described course
(measured clockwise therefrom) 1316.18 feet to the northeast corner
thereof; thence southerly along the east line of the Northwest Quarter of
said Northeast Quarter forming an angle of 89°20'09"with the last described
course (measured counterclockwise therefrom) 1318.91 feet to the
southeast corner thereof; thence westerly along the south line of the
Northwest Quarter of said Northeast Quarter forming an angle of 90036'43"
with the last described course (measured counterclockwise therefrom)
1314.44 feet to the southwest corner thereof; thence southerly along the
east line of the West Half of said Section 34 forming an angle of 90°32'14"
with the last described course (measured clockwise therefrom) 3961.27 feet
to the southeast corner of said West Half; thence westerly along the south
line of said West Half forming an angle of 90°26'34" with the last described
course (measured counterclockwise therefrom) 1407.76 feet to the
northeasterly line of the right of way of the Soo Line Railroad (formerly
Chicago, Milwaukee, St.Paul and Pacific Railroad Company); thence
northwesterly along said northeasterly line forming an angle of 158°41'36"
with the last described course (measured counterclockwise therefrom)
694.07 feet to a line drawn parallel with the northeasterly line of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove from the point of
beginning; thence northwesterly along said parallel line forming an angle of
142°06'21" with the last described course (measured counterclockwise
therefrom) 808.28 feet to the point of beginning, excepting therefrom that
part of the Southeast Quarter of said Section 33 described as follows:
Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove; thence
northwesterly along the northwesterly extension of the northeasterly line of
said Lot 1, 66.0 feet; thence northeasterly along a line forming an angle of
116°35'00" with the last described course (measured counterclockwise
therefrom) 17.89 feet to a line drawn parallel with and 16.0 feet
northeasterly of the northeasterly line (measured at right angles thereto) of
Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree
Grove; thence northwesterly along said parallel line, being also 16.0 feet
northeasterly of and parallel with the northeasterly line of Lots 1 through 4
of said Mrs. H. M. Pingree's Second Addition to Pingree Grove 652.04 feet
to the northeasterly extension of the northwesterly line of said Lot 1; thence
southwesterly along said northeasterly extension and northwesterly line
forming an angle of 89°51'13" with the last described course (measured
clockwise therefrom 149.79 feet to the center line of Reinking Road for a
point of beginning; thence northerly along said center line forming an angle
of 73°56'24" with the last described course (measured counterclockwise
therefrom) 165.55 feet to the northwest corner of a tract of land conveyed
by Document 1991347; thence easterly along the northerly line of said tract
at right angles to said center line 154.36 feet to the northeast corner thereof;
thence southerly along an easterly line of said tract forming an angle of
89°07'01" with the last described course (measured counterclockwise
therefrom) 81.47 feet; thence southerly along an easterly line of said tract
forming an angle of 169°09'46" with the last described course (measured
counterclockwise therefrom) 39.66 feet; thence southwesterly along the
southeasterly line of said tract 151.94 feet to the point of beginning, all in
Rutland Township, Kane County, Illinois, together with that part of Highland
Avenue and Reinking Road lying northerly and westerly of, respectively,
and adjoining the foregoing,
and;
Those parts of Section 2 and Part of the East Half of Section 3, Township
41 North, Range 7 East of the Third Principal Meridian described as follows:
Beginning at the northwest corner of the Northeast Fractional Quarter of
said Section 2; thence East along the north line of said Northeast Fractional
Quarter 378.84 feet (5.74 chains); thence South 8°00' East 3693.74 feet to
the south line of said Section 2; thence westerly along said south line
3572.66 feet to the southwest corner of said Section 2; thence westerly
along the south line of said Section 3, 1664.46 feet to the west line of the
East 20 rods (330.0 feet) of the West Half of the East Half of said Section
3; thence northerly along said west line of the East 20 rods 2718.68 feet to
the center line of U.S. Route No. 20; thence northeasterly along said center
line 1993.74 feet to the westerly line of Grove Street in Daniel Pingree's
Addition to Pingree Grove extended northerly; thence southerly along said
extended westerly line and the westerly line of said Grove Street 198.19
feet to the southwest corner of said Grove Street; thence northeasterly
along a southeasterly line of said Grove Street and the southeasterly line of
Block 4 in said Daniel Pingree's Addition 889.64 feet to the center line of
State Street in said Daniel Pingree's Addition; thence northwesterly along
the center line of said State Street 287.21 feet to a point on the southerly
line extended of premises conveyed to John H. Kelley by QuitClaim Deed
dated November 15, 1890, and recorded January 14, 1891, as Document
34606, in Book 296, Page 19; thence northeasterly along said extended
southerly line, the southerly line of said premises, and said southerly line
extended 323.62 feet to the north line of the Northwest Fractional Quarter
of said Section 2; thence easterly along said north line 1090.34 feet to the
point of beginning, excepting therefrom that part thereof falling within the
right of way of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul
and Pacific Railroad Company), in Plato Township, Kane County, Illinois,
and also including; Lot 1 and the Easterly Half of Lot 2 in Block 4 of Daniel
Pingree's Addition to Pingree Grove, Kane County, Illinois, in the Village of
Pingree Grove, Kane County, Illinois, excepting from all of the foregoing
described property those portions thereof currently falling within the Village
of Pingree Grove corporate limits, as identified in Document No. 89197
recorded on April 26, 1907 at the Recorders Office in Kane County, Illinois
(property commonly known as 4400 Damisch Road),
and;
That part of the Southeast Quarter of said Section 33 described as follows:
Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove; thence
northwesterly along the northwesterly extension of the northeasterly line of
said Lot 1, 66.0 feet; thence northeasterly along a line forming an angle of
116 degrees 35 minutes 00 seconds with the last described course
(measured counter clockwise therefrom) 17.89 feet to a line drawn parallel
with and 16.0 northeasterly of the northeasterly line (measured at right
angles thereto) of Block 2 of said Pingree Grove and Daniel Pingree's
Addition to Pingree Grove; thence northwesterly along said parallel line,
being also 16.0 feet northeasterly and parallel with the northeasterly line of
Lots 1 through 4 of said Mrs. H.M. Pingree's Second Addition to Pingree
Grove, 652.04 feet to the northeasterly extension of the northwesterly line
of said Lot 1; Thence southwesterly along said northeasterly extension and
northwesterly line forming an angle of 89 degrees 51 minutes 13 seconds
with the last described course (measured clockwise therefrom) 149.79 feet
to the center line of Reinking Road for a point of beginning; thence northerly
along said center line forming an angle of 73 degrees, 56 minutes, 24
seconds with the last described course (measured counter clockwise
therefrom) 165.55 feet to the northwest corner of a tract of land conveyed
by Document 1991347; thence easterly along the northerly line of said tract
forming an angle of 89 degrees 07 minutes 01 seconds with the last
described course (measured counter clockwise therefrom) 81.47 feet;
thence southerly along an easterly line of said tract forming an angle of 169
degrees 09 minutes 46 seconds with the last described course (measured
counter clockwise therefrom) 39.66 feet; thence southwesterly along the
southeasterly line of said tract, 151.94 feet to the point of beginning, all in
Rutland Township, Kane County, Illinois. Property commonly known as
1545 Reinking Road,
and;
That part of the Southwest Quarter of Section 34, Township 42 North,
Range 7 East of the Third Principal Meridian, described as follows:
Beginning at a point on the southeasterly line of the highway, north 32
degrees 13 minutes east, 171 feet and 9 inches from the northeast corner
of Lot 1 in Block 3 of the Map of Pingree Grove, (said point being the
northeast corner of the premises described in the deed to Matilda Squier
dated March 24, 1892 and recorded June 6, 1892 as Document 46543 in
Book 314, Page 599); thence continuing northeasterly along the
southeasterly line of said highway, 63 feet; thence south 31 degrees 12
minutes east parallel with the easterly line of said Block 3 the northerly line
of the Chicago, Milwaukee and St. Paul Railroad Company; thence
northwesterly along the northerly line of said right of way, 95 feet more or
less, to a point which is south 31 degrees 12 minutes east, 10.80 chains
from the point of beginning; thence north 31 degrees 12 minutes west
parallel with the easterly line of Block 3 aforesaid, 10.80 chains to the point
of beginning, in the Village of Pingree Grove, Kane County, Illinois. Property
commonly known as 1495 Damisch Road,
and;
Those parts of Section 2 and part of the east half of Section 3 Township 41
North Range 7 East of the Third Principal Meridian described as follows:
Beginning at the northwest corner of the Northeast Fractional Quarter of
said Section 2; thence east along the north line of said Northeast Fractional
Quarter, 378.84 feet(5.74 chains); thence south 8 degrees 00 minutes east,
3693.74 feet to the south line of said Section 2; thence westerly along said
south line, 3572.46 feet to the southwest corner of said Section 2; thence
westerly along the south line of said Section 3, 1664.46 feet to the west line
of the east 20 rods (330.0 feet0 of the West Half of the East Half of said
Section 3; thence northerly along said west line of the east 20 rods, 2718.68
feet to the center line of U.S. Route No. 20; thence northeasterly along said
center line, 1993.74 feet to the westerly line of Grove Street in Daniel
Pingree's Addition to Pingree Grove extended northerly; thence southerly
along said extended westerly line and the westerly line of said Grove Street,
198.19 feet to the southwest corner of said Grove Street; thence
northeasterly along a southeasterly line of said Grove Street and the
southeasterly line of Block 4 in said Daniel Pingree's Addition, 889.64 feet
to the center line of State Street in said Daniel Pingree's Addition; thence
northwesterly along the center line of said State Street, 287.21 feet to a
point on the southerly line extended of premises conveyed to John H. Kelley
by QuitClaim Deed dated November 15, 1890, and recorded January 14,
1891, as Document 34606, in Book 296, Page 19; thence northeasterly
along said extended southerly line, the southerly line of said premises, and
said southerly line extended, 323.62 feet to the north line of the Northwest
Fractional Quarter of said Section 2; thence easterly along said north line,
1090.34 feet to the point of beginning, excepting therefrom that part thereof
falling within the right of way of the Soo Line Railroad (formerly Chicago,
Milwaukee, St. Paul and Pacific Railroad Company), in the Village of
Pingree Grove and Plato Township, Kane County, Illinois, and also
including; Lot 1 and the easterly half of Lot 2 in Block 4 of Daniel Pingree's
Addition to Pingree Grove, Kane County, Illinois, in Plato Township, Kane
County, Illinois, excepting from all of the foregoing described property those
portions thereof falling within the City of Elgin Corporate Limits, as identified
in Document No. 2004K059356 recorded on May 11, 2004 at the
Recorder's Office in Kane County, Illinois, as shown. Property commonly
known as 1300 and 1301 U.S. Route No. 20.
EXHIBIT C—S
r11
F `
.. q WET4ANoB•-
A
4
HIGH�PN P E
*i rl' .�•1.' THIRD 4
j` AREA EFfT-�f
AREA
• a •.•e..�r L � VlI � WETLANDS
` Yr
lI
t PROPOSE°RT 11
O r.. .1
ROAD ALIONM
ZONING LEGEND
DISTRICT
/ PBFR2 BO'XI DO'LOT
STANDARD
THD PBFR2 VON 6D'XI OD'LOT
• } GPK 9t PEE STA ARD
P9 FR2 SON 50'X1 OD'LOT
�F SOx1DD NARROW LOT
PBFR2 SON 5D'X95'LOT
NARROW LOT
• 2G PBFR2 4O'XI DO'LOT
� •.. U" NARROW LOT PBFR2 O 3 'X1 D0'LOT
'aQa NARROW LOT
PMFR MULTIFAMILY
TDWNHDME
PNe SOSE
COMMERCIAL
POE _SCHOOL
POEi• A. '^� I [[[_����I PA K
PCF 000 GREENBPACE
POE WETLAND
PINGREE CREEK
r lGT1°O PCF SOE POOL AND
RECREAuecHDOL `t. .i7 CENTER
TION
T.2 Ac J
•�o„ 60'SINGLE FAMILY LOT OR 60'
THIRD ADJUSTMENT SINGLE FAMILY ALLEY LOT
aI
AREA
50'SINGLE FAMILY LOT OR 50'
SINGLE FAMILY ALLEY LOT
ROUTE 20 PARCEL e.o COMMERCIAL/
MULTIFAMILY FLEX AREA
t
PINGREE CREEK ZONING MAP
DATA TALE
NORTH PARCEL:39D UNITS ROUTE 20 PARCEL: 1.703 UNIT.
.O'X1O0'.TA NDARD 51 UNITS 30'X I OO'ALLEY 221 UNIT. N
5 O'X 100'.TANDARD 236 UNITS 4O'XIOO'ALLEY 311 UNITE
SO'XIDD'ALLEY 103 UNITS 5O'X1 OO'ALLEY 39 UNITS
.OUTH PARCEL:9.•/UNITS .0'%1 OO'STANDARD 274 UNITS
TOWNHOME 12.UNITE
60'%I DD'ALLEY 37 UNITS MULTI-FAMILY
50'XI Do'ALLEY 90 UNITS 41.0 AC 1IB UNITS/AC)=73.UNITS
COMMERCIAL=25.5 AC
40'X1 OO'ALLEY 104 UNITS .CHOOL-17.2 AC
MULTI-0'ALLEY 1O4 UNITS C OMMERCIAUMULTI•FAMILY FLEX AREA=3.5 AC
MULTIFAMILY=19.•lAC 118 UNITS/ACI=354 UNITS
REVISIONS
.I
RESIDENTIAL UNITE=2,9BD UNITS �Id
FLEX UNITS-71 UNITS
TOTAL UNIT.-3051 UNITE
L arx+
Pin ree Creek SH0DEEN-�«-CIVL SOLUTI NHS,LLC °y
GROUP EXHIBIT C-6:
Ordinance No. Gxx-22
AN ORDINANCE
AMENDING ORDINANCE NO. G48-09 WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(NARROW LOT NEIGHBORHOOD)
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, by adopting Ordinance No. G21-04 on February 25, 2004, the City Council
of the City of Elgin classified the property commonly known as Pingree Creek Subdivision,
30'xl00',40'xl00',and 50'xl00' lots,located at 4400 Damisch Road,to a PSFR2 Planned Single
Family Residence District(Narrow Lot Neighborhood); and
WHEREAS,by adopting Ordinance No. G68-05 on July 27,2005,the City Council of the
City of Elgin amended Ordinance No. G21-04 in its entirety; and
WHEREAS,by adopting Ordinance No. G48-09 on August 12, 2009, the City Council of
the City of Elgin amended Ordinance No. G68-05 in its entirety and classified the territory
described herein in the PSFR2 Planned Single Family Residence District (Narrow Lot
Neighborhood), and which is subject to the requirements of Ordinance No. G48-09; and
WHEREAS, a written application has been made to amend Ordinance No. G48-09 in its
entirety, and classify said territory in the PSFR2 Planned Single Family Residence District
(Narrow Lot Neighborhood); and
WHEREAS, the said territory containing the Pingree Creek Subdivision 30'x100' Lot,
40'x100' Lot, 50'x95' Lot,and 50'x100' Lot premises at 4400 Damisch Road is described herein;
and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 2,2022 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 granting an amendment
to Ordinance No. G48-09, and establishing a new PSFR2 Planned Single Family Residence
District(Narrow Lot Neighborhood), 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 May 2, 2022, 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 Ordinance No. G48-09 adopted by the City Council on August 12,
2009,be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976,as amended,be and the same is hereby further amended by adding
thereto the following:
The boundaries herein before laid out in the `Zoning District Map',as amended,be and are
hereby altered by including in the PSFR2 Planned Single Family Residence District(Narrow Lot
Neighborhood),the following described areas within the project area:
Those areas on the attached Pingree Creek Zoning Map,prepared by ESM Civil Solutions,
LLC, last revised October 27, 2020, designated as 30'x 100'Lot, 40'x 100'Lot, 50'x 95' Lot and
50'x 100' Lot.
Section 4. That the development of the PSFR2 Planned Single Family Residence District
(Narrow Lot Neighborhood)as described in Section 3 shall be developed subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district (Narrow Lot
Neighborhood)is to provide a planned urban residential environment of standardized high
density for single family attached (duplexes and townhomes) and single family detached
dwellings. 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. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
-2 -
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 Planned Single Family Residence 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 single
family residence district shall be granted by the City Council.
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] or as a"conditional use"[SR] in this PSFR2 Planned Single Family
Residence District:
1. Permitted Uses.The following enumerated land uses [SR] shall be the only land uses
allowed as a "permitted use" [SR] in this PSFR2 Planned Single Family Residence
District:
Residence Division.
I. Single family detached dwellings [SR] (UNCL).
2. Residential garage sales[SR] (UNCL).
3. Residential occupations [SR] (UNCL).
4. Residential outdoor storage of firewood [SR] (UNCL).
5. Residential parking areas [SR] (UNCL).
Finance,Insurance,and Real Estate Division.
6. Development sales office [SR] (UNCL).
Services Division.
7. Family residential care facility[SR] (8361).
8. Home child day care services [SR] (8351).
Construction Division.
9. Contractors office and equipment areas [SR] (UNCL).
Transportation,Communication,and Utilities Division.
10. Radio and television antennas [SR] (UNCL).
11. Satellite dish antennas [SR] (UNCL).
-3 -
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.
2. Conditional Uses. The following enumerated land uses [SR] shall be the only land
uses allowed as a "conditional use" [SR] in this PSFR2 Planned Single Family
Residence District:
Residences Division.
1. Conditional residential occupations [SR] (UNCL).
Municipal Services Division.
2. Municipal facilities [SR] (UNCL) on a zoning lot containing less than two
acres of land.
Transportation, Communication,and Utilities Division.
3. Amateur radio antennas [SR] (UNCL).
4. Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. Commercial antenna tower[SR] (UNCL)
6. Other radio and television antennas [SR] (UNCL).
7. Other satellite dish antennas [SR] (UNCL).
8. Pipelines, except natural gas(461).
9. Railroad tracks(401).
10. Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators [SR] (UNCL).
Miscellaneous Uses Division.
11. Planned developments [SR] (UNCL) on a zoning lot containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments,of the Elgin Zoning Ordinance.
12. Accessory structures [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the provisions
of Chapter 19.12.500,Accessory structures and Buildings.
-4-
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 Planned Single Family Residence 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 19.25.335 "Site Design" for
SFR2 Single Family Residence 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. General conformance with the Preliminary Plat booklet for Pingree Creek,prepared by
Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated
January 28, 2004, as amended, including the following:
a. Pingree Creek(Data Table),prepared by Shaffer&Roland,Inc.,dated January 11,
2007.
b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last
revised May 4, 2007.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated
January 12, 2004.
d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated
January 27, 2004.
e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer &
Roland, Inc., dated May 4, 2007, including Street Cross-Section Drawings for
Damisch Road and Highland Avenue.
f. Pingree Creek Design Principles and Applications, dated January 28, 2004.
g. Homes on 50'x95' and 50' x 100' Lots (Ashton, Bayberry,Biltmore, Chadsworth,
Clybourn,Everleigh, Gates, Mapleton),dated January 28,2004.
h. Homes on 40' x 100' Lots(Armstrong, Chapman, Haller, Madison, Parker), dated
January 28, 2004.
i. Homes on 30' x 100' Lots (Alexander, Charlotte, Denver, Flagstaff, Potomac),
dated January 28,2004.
j. Pingree Creek Single Family Home Landscaping, January 28,2004.
2. Compliance with the provisions of the "Covenants, Conditions and Restrictions for
Single Family Homes to be Constructed in Pingree Creek" as such document may be
completed and amended as agreed to by the owner of the subject property and the
Community Development Director.
3. The elevations and fagades of the proposed rear and front loading garage single family
products proposed by the Developer will be permitted to use any of the following
exterior building materials: wood, stone, brick, stucco, EIFS, .024 gauge aluminum
and vinyl on each wall of the structure.
- 5 -
4. Additional model homes or building elevations for residential structures to be
constructed on the Subject Property may be authorized and approved by Community
Development Director so long as any such additional model homes or building
elevations are otherwise in compliance with the terms and provisions of this ordinance,
the private covenants for the Subject Property, and Residential Design Guidelines in
the 2018 City of Elgin Comprehensive Plan.
5. The blending of thirty (30) foot, forty (40) foot and fifty (50) foot lots within
neighborhoods shall be permitted as long as the resulting densities are within the total
density provided for in the Preliminary Plat of Pingree Creek referred to above.
6. In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the foregoing
listed site design conditions,the owner shall be required to submit a development plan
to the city for review by the Planning and Zoning Commission and approval by the
City Council.
7. Substantial conformance to the Development Application submitted by Shodeen
Construction LLC, as applicant, and Wessel Court East, L.L.C., State Bank of Geneva
Trust 925, State Bank of Geneva Trust 907, Shodeen Construction Company, L.L.C.,
Elgin Redevelopment Company, L.L.C., Northon Lake Homes, III, L.L.C. /Damisch
Road,L.L.C., and Pingree Creek,L.L.C., as property owners,received April 20,2018,
and supporting documents including:
a. Pingree Creek Annexation Amendment 3 Narrative, dated October 27,2020;
b. Pingree Creek Zoning Map, prepared by ESM Civil Solutions, LLC, last revised
October 27,2020;
c. Undated Pingree Creek— Exhibit E, Typical Lot: 50'x 100', received September
12,2019;
d. Additional home models for 50'x100' lots including the following:
i. Berquist (Pingree Creek) Elevation: I, prepared by BDS Architecture LLC,
dated April 17,2019,with such further revisions as required by the Community
Development Director;
ii. Berquist (Pingree Creek) Elevation: II, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
iii. Berquist (Pingree Creek) Elevation: III, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
iv. The Dakota Model — Elevation I, prepared by Architectural Resources, dated
November 22, 2019,with such further revisions as required by the Community
Development Director;
v. The Dakota Model—Elevation II, prepared by Architectural Resources, dated
November 22, 2019,with such further revisions as required by the Community
Development Director;
vi. The Greenfield Model — Elevation I, prepared by Architectural Resources,
-6 -
dated November 22, 2019, with such further revisions as required by the
Community Development Director;
vii. The Greenfield Model — Elevation II, prepared by Architectural Resources,
dated October 30, 2020, with such further revisions as required by the
Community Development Director;
viii. The Greenfield Model — Elevation III, prepared by Architectural Resources,
dated April 17,2019,with such further revisions as required by the Community
Development Director;
ix. Ashville (Pingree Creek) Elevation: I, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
x. Ashville (Pingree Creek) Elevation: II, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
e. Site Exhibit of Pingree Creek plans, prepared by Compass Surveying Ltd, dated
April 20, 2018, last revised January 19, 2019, with such further revisions as
required 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.
8. Additional models or building elevations for residential structures to be constructed on
the Subject Property may be authorized and approved by Community Development
Director so long as any such additional models or building elevations are otherwise in
compliance with the terms and provisions of this ordinance, the private covenants for
the Subject Property, and Residential Design Guidelines in the 2018 City of Elgin
Comprehensive Plan.
9. Compliance 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.
I Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall be subject to the
following conditions:
1. The development administrator may require, and may approve signs, including
temporary model home and sales office signs and signs for uses associated therewith
- 7 -
and for directions thereto, not otherwise provided by this title in support of the
development.
K. Nonconforming Uses and Structures. In this PSFR2 zoning 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.
L. 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.
M. Planned Developments. In this PSFR2 zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PSFR2 zoning district and without necessitating
that all other property owners in this PSFR2 zoning district authorize such an application.
N. 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.
O. 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.
P. 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.
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 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain,Mayor
- 8 -
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis,City Clerk
- 9-
Ordinance No. Gxx-22
AN ORDINANCE
AMENDING ORDINANCE NO. G49-09 WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(STANDARD LOT NEIGHBORHOOD)
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, by adopting Ordinance No. G20-04 on February 25, 2004, the City Council
of the City of Elgin classified the property commonly known as Pingree Creek Subdivision,
60'x100' and 80'x100' lots, located at 4400 Damisch Road, to a PSFR2 Planned Single Family
Residence District(Standard Lot Neighborhood); and
WHEREAS,by adopting Ordinance No. G72-05 on July 27,2005,the City Council of the
City of Elgin amended Ordinance No. G20-04 in its entirety; and
WHEREAS,by adopting Ordinance No. G49-09 on August 12, 2009,the City Council of
the City of Elgin amended Ordinance No. G72-05 in its entirety and classified the territory
described herein in the PSFR2 Planned Single Family Residence District (Standard Lot
Neighborhood), and which is subject to the requirements of Ordinance No. G49-09; and
WHEREAS, a written application has been made to amend Ordinance No. G49-09 in its
entirety, and classify said territory in the PSFR2 Planned Single Family Residence District
(Standard Lot Neighborhood); and
WHEREAS, the said territory containing the Pingree Creek Subdivision (Standard Lot
Neighborhood)premises at 4400 Damisch Road is described herein; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 2,2022 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 granting an amendment
to Ordinance No. G49-09, and establishing a new PSFR2 Planned Single Family Residence
District(Standard Lot Neighborhood),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 May 2, 2022, 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 Ordinance No. G49-09 adopted by the City Council on August 12,
2009,be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976,as amended,be and the same is hereby further amended by adding
thereto the following:
The boundaries herein before laid out in the `Zoning District Map',as amended,be and are
hereby altered by including in the PSFR2 Planned Single Family Residence District(Standard Lot
Neighborhood),the following described areas within the project area:
Those areas on the attached Pingree Creek Zoning Map,prepared by ESM Civil Solutions,
LLC, last revised October 27, 2020,designated as 60'x 100'Lot and 80'x 100'Lot.
Section 4. That the development of the PSFR2 Planned Single Family Residence District
(Standard Lot Neighborhood)as described in Section 3 shall be developed subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district(Standard Lot
Neighborhood)is to provide a planned urban residential environment of standardized high
density for single family attached (duplexes and townhomes) and single family detached
dwellings. 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. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
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.
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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 Planned Single Family Residence 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 single
family residence district shall be granted by the City Council.
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]or as a"conditional use"[SR] in this PSFR2 Planned Single Family
Residence District:
1. Permitted Uses.The following enumerated land uses [SR] shall be the only land uses
allowed as a "permitted use" [SR] in this PSFR2 Planned Single Family Residence
District:
Residence Division.
1. Single family detached dwellings [SR] (UNCL).
2. Residential garage sales [SR] (UNCL).
3. Residential occupations [SR] (UNCL).
4. Residential outdoor storage of firewood [SR] (UNCL).
5. Residential parking areas [SR] (UNCL).
Finance,Insurance,and Real Estate Division.
6. Development sales office [SR] (UNCL).
Services Division.
7. Family residential care facility [SR] (8361).
8. Home child day care services [SR] (8351).
Construction Division.
9. Contractors office and equipment areas [SR] (UNCL).
Transportation,Communication,and Utilities Division.
10. Radio and television antennas [SR] (UNCL).
11. Satellite dish antennas [SR] (UNCL).
12. Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals,vaults, pipes, mains,and valves" [SR] (UNCL).
Miscellaneous Uses Division.
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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.
2. Conditional Uses. The following enumerated land uses [SR] shall be the only land
uses allowed as a "conditional use" [SR] in this PSFR2 Planned Single Family
Residence 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 [SRI (UNCL).
4. Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. Commercial antenna tower[SR] (UNCL)
6. Other radio and television antennas [SR] (UNCL).
7. Other satellite dish antennas [SR] (UNCL).
8. Pipelines, except natural gas(461).
9. Railroad tracks(401).
10. Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators [SR] (UNCL).
Miscellaneous Uses Division.
11. Planned developments [SR] (UNCL) on a zoning lot containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. Accessory structures [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the provisions
of Chapter 19.12.500,Accessory structures and Buildings.
13. Accessory uses[SR] (UNCL)to the conditional uses allowed in this PSFR2
Single Family Residence District,subject to the provisions of Section 19.10.
400, Component Land Uses.
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G. Site Design - In this PSFR2 Planned Single Family Residence 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 19.25.335 "Site Design" for
SFR2 Single Family Residence 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. General conformance with the Preliminary Plat booklet for Pingree Creek,prepared by
Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated
January 28,2004, as amended, including the following:
a. Pingree Creek(Data Table),prepared by Shaffer&Roland,Inc.,dated January 11,
2007.
b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last
revised May 4,2007.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated
January 12,2004.
d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated
January 27,2004.
e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer &
Roland, Inc., dated May 4, 2007, including Street Cross-Section Drawings for
Damisch Road and Highland Avenue.
f. Pingree Creek Design Principles and Applications, dated January 28, 2004.
g. Homes on 80' x 100' Lots (Abbey, Brickenhall, Fieldstone, Fowler, Franklin,
Franklin XL, Kendall, Remington, Thorndale, Trenton, Westchester), dated
January 28,2004.
h. Homes on 60' x 100' Lots (Armstrong II, Chapman, Fabyan, Haller, Hampton,
Parker, Payton, Shannon), dated January 28,2004.
i. Pingree Creek Single Family Home Landscaping, January 28, 2004.
2. Compliance with the provisions of the "Covenants, Conditions and Restrictions for
Single Family Homes to be Constructed in Pingree Creek" as such document may be
completed and amended as agreed to by the owner of the subject property and the
Community Development Director.
3. The elevations and fagades of the proposed rear and front loading garage single family
products proposed by the Developer on the 60'x100' lots will be permitted to use any
of the following exterior building materials: wood, stone, brick, stucco, EIFS, .024
gauge aluminum and vinyl on each wall of the structure.
4. The elevations and fagades of the products proposed by the Developer on the 80'x100'
lots shall be developed in conformance with the Residential Design Guidelines of the
2018 City of Elgin Comprehensive Plan, as amended. Additional model homes or
building elevations for residential structures to be constructed on the Subject Property
may be authorized and approved by Community Development Director so long as any
such additional model homes or building elevations are otherwise in compliance with
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the terms and provisions of this ordinance, the private covenants for the Subject
Property, and Residential Design Guidelines in the 2018 City of Elgin Comprehensive
Plan.
5. In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the foregoing
listed site design conditions,the owner shall be required to submit a development plan
to the city for review by the Planning and Zoning Commission and approval by the
City Council.
6. Substantial conformance to the Development Application submitted by Shodeen
Construction LLC, as applicant, and Wessel Court East, L.L.C., State Bank of Geneva
Trust 925, State Bank of Geneva Trust 907, Shodeen Construction Company, L.L.C.,
Elgin Redevelopment Company, L.L.C.,Northon Lake Homes, III, L.L.C. /Damisch
Road,L.L.C., and Pingree Creek,L.L.C.,as property owners,received April 20,2018,
and supporting documents including:
a. Pingree Creek Annexation Amendment 3 Narrative,dated October 27,2020;
b. Pingree Creek Zoning Map, prepared by ESM Civil Solutions, LLC, last revised
October 27, 2020;
c. Undated Pingree Creek— Exhibit E, Typical Lot: 50'x 100', received September
12, 2019;
d. Additional home models for 50'x100' lots including the following:
i. Berquist (Pingree Creek) Elevation: I, prepared by BDS Architecture LLC,
dated April 17,2019,with such further revisions as required by the Community
Development Director;
ii. Berquist (Pingree Creek) Elevation: II, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
iii. Berquist (Pingree Creek) Elevation: III, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
iv. The Dakota Model — Elevation I, prepared by Architectural Resources, dated
November 22,2019,with such further revisions as required by the Community
Development Director;
v. The Dakota Model —Elevation II, prepared by Architectural Resources, dated
November 22,2019,with such further revisions as required by the Community
Development Director;
vi. The Greenfield Model — Elevation I, prepared by Architectural Resources,
dated November 22, 2019, with such further revisions as required by the
Community Development Director;
vii. The Greenfield Model — Elevation II, prepared by Architectural Resources,
dated October 30, 2020, with such further revisions as required by the
Community Development Director;
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viii. The Greenfield Model — Elevation III, prepared by Architectural Resources,
dated April 17,2019,with such further revisions as required by the Community
Development Director;
ix. Ashville (Pingree Creek) Elevation: I, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
x. Ashville (Pingree Creek) Elevation: II, prepared by BDS Architecture LLC,
dated January 24, 2020, with such further revisions as required by the
Community Development Director;
e. Site Exhibit of Pingree Creek plans, prepared by Compass Surveying Ltd, dated
April 20, 2018, last revised January 19, 2019, with such further revisions as
required 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.
7. Additional models or building elevations for residential structures to be constructed on
the Subject Property may be authorized and approved by Community Development
Director so long as any such additional models or building elevations are otherwise in
compliance with the terms and provisions of this ordinance, the private covenants for
the Subject Property, and Residential Design Guidelines in the 2018 City of Elgin
Comprehensive Plan.
8. Compliance 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.
I Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall be subject to the
following conditions:
1. The development administrator may require, and may approve signs, including
temporary model home and sales office signs and signs for uses associated therewith
and for directions thereto, not otherwise provided by this title in support of the
development.
K. Nonconforming Uses and Structures. In this PSFR2 zoning 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.
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L. 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.
M. Planned Developments. In this PSFR2 zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PSFR2 zoning district and without necessitating
that all other property owners in this PSFR2 zoning district authorize such an application.
N. 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.
O. 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.
P. 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.
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 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain,Mayor
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Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
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Ordinance No. Gxx-22
AN ORDINANCE
AMENDING ORDINANCE NO. G50-09 WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, by adopting Ordinance No. G23-04 on February 25, 2004, the City Council
of the City of Elgin classified the property commonly known as Pingree Creek Subdivision,multi-
family (18 units/acre), located at 4400 Damisch Road, to a PMFR Planned Multiple Family
Residence District and
WHEREAS,by adopting Ordinance No.G70-05 on July 27,2005, the City Council of the
City of Elgin amended Ordinance No. G23-04 in its entirety; and
WHEREAS,by adopting Ordinance No: G50-09 on August 12, 2009, the City Council of
the City of Elgin amended Ordinance No. G70-05 in its entirety and classified the territory
described herein in the PMFR Planned Multiple Family Residence District and which is subject to
the requirements of Ordinance No. G50-09; and
WHEREAS, a written application has been made to amend Ordinance No. G50-09 in its
entirety, and classify said territory in the PMFR Planned Multiple Family Residence District; and
WHEREAS, the said territory containing the Pingree Creek Subdivision multi-family(18
units/acre)premises at 4400 Damisch Road is described herein; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 2,2022 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 granting an amendment
to Ordinance No. G50-09, and establishing a new PMFR Planned Multiple Family Residence
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 May 2, 2022, 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 Ordinance No. G50-09 adopted by the City Council on August 12,
2009,be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976,as amended,be and the same is hereby further amended by adding
thereto the following:
The boundaries herein before laid out in the`Zoning District Map',as amended,be and are
hereby altered by including in the PMFR Planned Multiple Family Residence District the
following described areas within the project area:
Those areas on the attached Pingree Creek Zoning Map,prepared by ESM Civil Solutions,
LLC, last revised October 27,2020, designated as multi-family and townhome.
Section 4. That the development of the PMFR Planned Multiple Family Residence District
as described in Section 3 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a
planned urban residential environment for multiple family dwellings. The PMFR District
is most similar to,but departs from the standard requirements of,the MFR Multiple Family
Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol "[SR]", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin
Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the
Elgin Municipal Code, 1976, as amended.
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D. Zoning Districts -Generally. In this PMFR zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.07,Zoning Districts,of
the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PMFR zoning district should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PMFR Planned Multiple Family Residence 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 multiple
family residence district shall be granted by the City Council.
F. Land Use. In this PMFR zoning district,the use of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated land uses[SR] shall be the only land uses allowed as
a "permitted use" [SR] or as a "conditional use" [SR] in this PMFR Planned Multiple
Family Residence District:
1. Permitted Uses.The following enumerated land uses [SR] shall be the only land uses
allowed as a "permitted use" [SR] in this PMFR Planned Multiple Family Residence
District:
Residence Division.
1. Multiple family dwellings[SR] (UNCL).
2. Two-family dwellings [SR] (UNCL).
3. Attached dwellings [SR] (UNCL).
4. Residential garage sales [SR] (UNCL).
5. Residential occupations [SR] (UNCL).
6. Residential outdoor storage of firewood[SR] (UNCL).
7. Residential parking areas [SR] (UNCL).
8. Residential storage [SR] (UNCL).
9. Residential storage of trucks or buses [SR] (UNCL).
Municipal Services Division.
10. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance,Insurance,and Real Estate Division.
11. Development sales office [SR] (UNCL).
Services Division.
12. Family residential care facility[SR] (8361).
13. Home child day care services [SR] (8351).
14. Residential Care Facility[SR]
Construction Division.
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15. Contractors office and equipment areas [SR] (UNCL).
Transportation, Communication,and Utilities Division.
16. Amateur radio antennas [SR] (UNCL).
17. Commercial antennas and antenna structures mounted on existing structures
[SR] (UNCL).
18. Radio and television antennas [SR] (UNCL).
19. Satellite dish antennas [SR] (UNCL).
20. Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals,vaults,pipes, mains,and valves" [SR] (UNCL).
Miscellaneous Uses Division.
21. Fences and walls [SR] (UNCL).
22. Parking lots [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
23. Refuse collection area[SR]
24. Street graphics [SR] (UNCL), subject to the provisions of Chapter 19.50,.
Street Graphics,of the Elgin Zoning Ordinance.
25. Temporary uses [SR] (UNCL).
26. Accessory structures [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500,Accessory Structures and Buildings,of the
Elgin Zoning Ordinance.
27. Accessory uses [SR] (UNCL) to the permitted uses allowed in this PMFR
Planned Multiple Family Residence District, subject to the provisions of
Section 19.20.400, Component Land Uses,of the Elgin Zoning Ordinance.
2. Conditional Uses. The following enumerated land uses [SR] shall be the only land
uses allowed as a "conditional use" [SR] in this PMFR Planned Multiple Family
Residence District:
Residences Division.
1. Conditional residential occupations [SR] (UNCL).
Municipal Services Division.
2. Municipal facilities [SR] (UNCL) on a zoning lot containing less than two
acres of land.
Transportation, Communication,and Utilities Division.
3. Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. Conditional commercial antenna tower[SR] (UNCL)
5. Other radio and television antennas [SR] (UNCL).
6. Other satellite dish antennas [SR] (UNCL).
7. Pipelines, except natural gas (461).
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8. Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators [SR] (UNCL).
Miscellaneous Uses Division.
9. Parking structures [SR] (UNCL), exclusively"accessory" [SR).
10. 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.
11. Accessory structures [SR] (UNCL) to the conditional uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500,Accessory structures and Buildings.
12. Accessory uses[SR] (UNCL)to the conditional uses allowed in this PMFR
Planned Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design - In this PMFR Planned Multiple Family Residence 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 19.25.735 "Site Design" for
MFR Multiple Family Residence 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. General conformance with the Preliminary Plat booklet for Pingree Creek,prepared by
Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated
January 28, 2004, as amended, including the following:
a. Pingree Creek(Data Table),prepared by Shaffer&Roland, Inc.,dated January 11,
2007.
b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last
revised May 4,2007.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated
January 12,2004.
d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated
January 27,2004.
e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer &
Roland, Inc., dated May 4, 2007, including Street Cross-Section Drawings for
Damisch Road and Highland Avenue.
f. Pingree Creek Design Principles and Applications, dated January 28, 2004.
2. In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the foregoing
listed site design conditions,the owner shall be required to submit a development plan
to the city for review by the Planning and Zoning Commission and approval by the
City Council.
1. Substantial conformance to the Development Application submitted by Sho-Deen
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Construction LLC, as applicant, and Wessel Court East, L.L.C., State Bank of Geneva
Trust 925, State Bank of Geneva Trust 907,Shodeen Construction Company,L.L.C.,Elgin
Redevelopment Company, L.L.C., Northon Lake Homes, III, L.L.C. / Damisch Road,
L.L.C., and Pingree Creek, L.L.C., as property owners, received April 20, 2018, and
supporting documents including:
a. Pingree Creek Annexation Amendment 3 Narrative,dated October 27, 2020;
b. Pingree Creek Zoning Map, prepared by ESM Civil Solutions, LLC, last revised
October 27,2020;
c. Final Plat of Subdivision Residences at Pingree Creek, prepared by Donahue and
Thornhill, Inc., dated December 15, 2011, with such further revisions as required
by the City Engineer;
d. Residences at Pingree Creek Site Plan, prepared by ESM Civil Solutions, LLC,
dated March 1, 2020, last revised March 24, 2021, with such further revisions as
required by the Community Development Director;
e. Three-page floor plan for Plan 232A titled "Building Plans Residence of Pingree
Creek",prepared by BSB Design,dated June 01,2011,received October 22,2022,
with such further revisions as required by the Community Development Director;
f. Three-page floor plan for Plan 232D titled "Building Plans Residence of Pingree
Creek",prepared by BSB Design,dated June 01,2011,received October 22,2022,
with such further revisions as required by the Community Development Director;
g. Three-page floor plans titled"Unit Plans Residence of Pingree Creek",prepared by
BSB Design, dated June 01, 2011, received October 22, 2022, with such further
revisions as required by the Community Development Director;
h. Floor plan titled "Garage Plans Residence of Pingree Creek", prepared by BSB
Design,dated June 01,2011,received October 22,2022,with such further revisions
as required by the Community Development Director;
i. Floor plan titled "Corridor Plans Residence of Pingree Creek", prepared by BSB
Design,dated June 01,2011,received October 22,2022,with such further revisions
as required by the Community Development Director;
j. Undated Rear Elevation (Stone Option), received October 22, 2022, with such
further revisions as required by the Community Development Director;
k. Engineering plans titled "Residences at Pingree Creek Elgin, Illinois Site
Improvements Pingree Creek Area 2",prepared by Sheaffer& Roland, Inc., dated
October 11, 2011, last revised February 23, 2012, with such further revisions as
required by the City Engineer; and
1. Site Exhibit of Pingree Creek plans, prepared by Compass Surveying Ltd, dated
April 20, 2018, last revised January 19, 2019, with such further revisions as
required 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. Additional models or building elevations for residential structures to be constructed on the
Subject Property may be authorized and approved by Community Development Director
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so long as any such additional models or building elevations are otherwise in compliance
with the terms and provisions of this ordinance, the private covenants for the Subject
Property, and Residential Design Guidelines in the 2018 City of Elgin Comprehensive
Plan.
3. A departure is hereby granted to allow the construction of twelve principal buildings on
the zoning lot commonly known as The Residences at Pingree Creek Subdivision.
4. At the time of final plat of subdivision approval for The Residences at Pingree Creek
Subdivision, the applicant shall submit the Plat of Right-of-way Dedication for Reinking
Road to the Village of Pingree Grove.
5. A departure is hereby granted to allow the construction of residential dwellings with the
following minimum required floor areas: one-bedroom units with minimum 692 square
feet of floor area, and two-bedroom units with minimum 1,048 square feet of floor area
within the property commonly known as The Residence at Pingree Creek Subdivision.
6. A departure is hereby granted to allow the necessary departures from the site design
requirements of Section 19.25.735 "Site Design' for MFR Multiple Family Residence
District, of the Elgin Municipal Code, as amended, for the construction of the proposed
development commonly known as The Residences at Pingree Creek subdivision in
substantial conformance with the Residences at Pingree Creek Site Plan,prepared by ESM
Civil Solutions,LLC,dated March 1,2020, last revised March 24,2021,with such further
revisions as requested by Community Development Director.
7. A landscape plan for the property commonly known as The Residences at Pingree Creek
subdivision shall be submitted at the time of building permit review for the review and
approval by the Community Development Director.
8. Any parking lot light fixtures installed within or along the perimeter of the property
commonly known as The Residences at Pingree Creek Subdivision shall be Holophane
Washington Postlite Enhanced LED Series Luminaire, or similar, as approved by the
Community Development Director.
9. The properties identified as "commercial/multi-family flex area" on the Pingree Creek
Zoning Map, prepared by ESM Civil Solutions LLC, last revised October 27, 2020, may
be developed with residential use, including "multiple-family dwellings", "two-family
dwellings", and/or"attached-family dwellings"with a maximum density of 20.3 units per
acre. Such residential use shall comply with the requirements of the proposed PMFR
Ordinance, as amended.
10. A departure is hereby granted to allow the construction of multiple principal buildings on
a zoning lot for the development of residential uses on the properties identified as
"commercial/multi-family flex area"on the Pingree Creek Zoning Map,prepared by ESM
Civil Solutions LLC, last revised October 27, 2020.
- 7 -
11. Compliance with all applicable codes and ordinances.
Off-Street Parking. In this PMFR zoning district, off street parking shall be subject to the
provisions of Chapter 19.45, "Off-Street Parking", of the Elgin Municipal Code, 1976, as
amended, except as provided within this section,and shall be in substantial conformance with the
following:
1. A departure from the off-street parking requirements is hereby granted to allow the
construction of the multi-family developments within Pingree Creek Subdivision with the
following parking requirements:
a. The minimum required number of parking spaces for each studio or 1-BD Unit shall
be 1.5 parking spaces per unit.
b. The minimum required number of parking spaces for each 2-BD Unit shall be 1.75
parking spaces per unit.
c. The minimum required number of parking spaces for each unit with three or more
bedrooms shall be two parking spaces per unit.
2. A departure is hereby granted to permit the construction of parking stalls within parking
lots part of the property commonly known as The Residence at Pingree Creek to be
minimum nine(9)feet wide by eighteen(18) feet long.
I. Off-Street Loading. In this PMFR zoning district, off-street loading shall be subject to
the provisions of Chapter 19.47,"Off-Street Loading",of the Elgin Municipal Code, 1976,
as amended.
I Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter
19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall be subject to the
following conditions:
1. The development administrator may require, and may approve signs, including
temporary model home and sales office signs and signs for uses associated therewith
and for directions thereto, not otherwise provided by this title in support of the
development.
K. Nonconforming Uses and Structures. In this PMFR zoning 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.
L. Amendments. In this PMFR zoning district, application for text and map amendments
shall be subject to the provisions of Chapter 19.55, Amendments. A text and map
amendment may be requested by an individual lot or property owner for a zoning lot
without necessitating that all other property owners in this PMFR zoning district authorize
such an application.
- 8 -
M. Planned Developments. In this PMFR zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PMFR zoning district and without necessitating
that all other property owners in this PMFR zoning district authorize such an application.
N. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be
subject to the provisions of Chapter 19.65 Conditional Uses,of the Elgin Municipal Code,
1976, as amended. A conditional use may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PMFR zoning district and
without necessitating that all other property owners in this PMFR zoning district authorize
such an application.
O. 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 PMFR zoning district and without necessitating that all
other property owners in this PMFR zoning district authorize such an application.
P. 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.
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 5. 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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
- 9-
Ordinance No. Gxx-22
AN ORDINANCE
AMENDING ORDINANCE NO. G51-09 WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, by adopting Ordinance No. G22-04 on February 25, 2004, the City Council
of the City of Elgin classified the property commonly known as Pingree Creek Subdivision,school,
park, greenspace, and wetland, located at 4400 Damisch Road, to a PCF Planned Community
Facility District, and
WHEREAS,by adopting Ordinance No. G69-05 on July 27,2005,the City Council of the
City of Elgin amended Ordinance No. G22-04 in its entirety; and
WHEREAS,by adopting Ordinance No. G51-09 on August 12, 2009,the City Council of
the City of Elgin amended Ordinance No. G69-05 in its entirety and classified the territory
described herein in the PCF Planned Community Facility District, and which is subject to the
requirements of Ordinance No. G51-09; and
WHEREAS, a written application has been made to amend Ordinance No. G51-09 in its
entirety, and classify said territory in the PCF Planned Community Facility District, and
WHEREAS, the said territory containing school, park, greenspace, and wetland in the
Pingree Creek Subdivision premises at 4400 Damisch Road is described herein; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 2, 2022 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 granting an amendment
to Ordinance No. G51-09, and establishing a new PCF Planned Community Facility 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 May 2, 2022, 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 Ordinance No. G51-09 adopted by the City Council on August 12,
2009,be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976,as amended,be and the same is hereby further amended by adding
thereto the following:
The boundaries herein before laid out in the `Zoning District Map',as amended,be and are
hereby altered by including in the PCF Planned Community Facility District, the following
described areas within the project area:
Those areas on the attached Pingree Creek Zoning Map,prepared by ESM Civil Solutions,
LLC, last revised October 27, 2020, designated as school,park, greenspace, wetland, and Pingree
Creek pool and recreation center.
Section 4. That the development of the PCF Planned Community Facility District as
described in Section 3 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a
planned environment for various types of community facilities. 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.
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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 Planned Community Facility 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 community
facility district shall be granted by the City Council.
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] or as a "conditional use" [SR] in this PCF Planned Community
Facility District:
1. Permitted Uses.The following enumerated land uses [SR] shall be the only land uses
allowed as a"permitted use" [SRI in this PCF Planned 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).
Services Division.
6. Elementary and secondary schools(821).
7. Museums, art galleries and botanical and zoological gardens(841).
8. Public Libraries(823).
9. Swimming Pools and Recreation Clubs(7997).
Construction Division.
10. Contractors office and equipment areas [SR] (UNCL).
Transportation,Communication,and Utilities Division.
H. Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
12. Radio and television antennas" [SR] (UNCL).
13. Satellite dish antennas [SR] (UNCL).
- 3 -
14. Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals,vaults,pipes, mains, and valves [SR] (UNCL).
Miscellaneous Uses Division.
15. Fences and walls [SR] (UNCL).
16. Loading facilities [SR] (UNCL), exclusively "accessory" [SR], subject to
the provisions of Chapter 19.47,Off Street Loading.
17. 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.
18. Parking structures [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
19. Refuse collection area [SR].
20. Storage Tanks" [SR] (UNCL).
21. Street Graphics [SR] (UNCL), subject to the provisions of Chapter 19.50,
Street Graphics.
22. Temporary uses [SR] (UNCL).
23. 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.
24. 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.
2. Conditional Uses. The following enumerated land uses [SR] shall be the only land
uses allowed as a "conditional use" [SR] in this PCF Planned Community Facility
District:
Services Division.
1. Arenas, sports fields, and stadiums(UNCL).
2. Child day care services (835).
3. Institutional child day care services [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified(839).
6. Sporting and recreational camps(7032).
Transportation,Communication, and Utilities Division.
7. Conditional commercial antennas and antenna structures mounted on
existing structures [SR] (UNCL).
8. Conditional Commercial Antenna Tower[SR] (UNCL).
9. Electric power generation(UNCL).
10. Local and suburban passenger transportation operators(411).
11. Local and suburban transit and interurban highway passenger transportation
facilities for passenger boarding(417).
12. Other radio and television antennas [SR] (UNCL).
-4 -
13. Other satellite dish antennas [SR] (UNCL).
14. Pipelines, except natural gas(461).
15. Refuse systems(4953).
16. Treatment, transmission, and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators [SR] (UNCL).
Miscellaneous Uses Division.
17. Parking lots [SR] (UNCL),subject to the provisions of Chapter 19.45, Off-
Street Parking.
18. Parking structures [SR] (UNCL).
19. 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.
20. 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.
21. 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 Planned Community Facility 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 19.30.135 "Site Design" for CF
Community Facility 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. General conformance with the Preliminary Plat booklet for Pingree Creek,prepared by
Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated
January 28, 2004, as amended, including the following:
a. Pingree Creek(Data Table),prepared by Shaffer&Roland,Inc.,dated January 11,
2007.
b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last
revised May 4, 2007.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated
January 12, 2004.
d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated
January 27, 2004.
e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer &
Roland, Inc., dated May 4, 2007, including Street Cross-Section Drawings for
Damisch Road and Highland Avenue.
f. Pingree Creek Design Principles and Applications, dated January 28,2004.
2. In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the foregoing
listed site design conditions,the owner shall be required to submit a development plan
- 5 -
to the city for review by the Planning and Zoning Commission and approval by the
City Council.
3. Substantial conformance to the Development Application submitted by Sho-Deen
Construction LLC, as applicant, and Wessel Court East,L.L.C., State Bank of Geneva
Trust 925, State Bank of Geneva Trust 907, Shodeen Construction Company, L.L.C.,
Elgin Redevelopment Company, L.L.C.,Northon Lake Homes, III, L.L.C. /Damisch
Road,L.L.C., and Pingree Creek,L.L.C., as property owners,received April 20,2018,
and supporting documents including:
a. Pingree Creek Annexation Amendment 3 Narrative,dated October 27,2020;
b. Pingree Creek Zoning Map, prepared by ESM Civil Solutions, LLC, last revised
October 27, 2020;
c. Site Exhibit of Pingree Creek plans, prepared by Compass Surveying Ltd, dated
April 20, 2018, last revised January 19, 2019, with such further revisions as
required 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.
4. Compliance with all applicable codes and ordinances.
H. Off-Street Parking. In this PCF zoning district, off street parking shall be subject to the
provisions of Chapter 19.45, "Off-Street Parking", of the Elgin Municipal Code, 1976, as
amended.
I. Off-Street Loading. In this PCF zoning district, off-street loading shall be subject to the
provisions of Chapter 19.47, "Off-Street Loading", of the Elgin Municipal Code, 1976, as
amended.
J. Signs. In this PCF zoning district,signs shall be subject to the provisions of Chapter 19.50,
Signs,of the Elgin Municipal Code, 1976,as amended,and shall be subject to the following
conditions:
1. The development administrator may require, and may approve signs not otherwise
provided by this title in support of the development.
K. Nonconforming Uses and Structures. In this PCF zoning 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.
L. 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
-6-
necessitating that all other property owners in this PCF zoning district authorize such an
application.
M. Planned Developments. In this PCF zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PCF zoning district and without necessitating that
all other property owners in this PCF zoning district authorize such an application.
N. 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.
O. 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.
P. 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.
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 5. 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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis,City Clerk
- 7 -
Ordinance No. Gxx-22
AN ORDINANCE
AMENDING ORDINANCE NO. G71-05 WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT
(Pingree Creek Subdivision—4400 Damisch Road)
WHEREAS,the territory herein described has been annexed to the City of Elgin; and
WHEREAS, by adopting Ordinance No. G24-04 on February 25, 2004, the City Council
of the City of Elgin classified the property commonly known as Pingree Creek Subdivision,
commercial, Metra station, and Metra parking, located at 4400 Damisch Road, to a PNB Planned
Neighborhood Business District; and
WHEREAS,by adopting Ordinance No. G71-05 on July 27,2005,the City Council of the
City of Elgin amended Ordinance No. G24-04 in its entirety and classified the territory described
herein in the PNB Planned Neighborhood Business District, and which is subject to the
requirements of Ordinance No. G71-05; and
WHEREAS, a written application has been made to amend Ordinance No. G71-05 in its
entirety, and classify said territory in the PNB Planned Neighborhood Business District; and
WHEREAS, the said territory containing the Pingree Creek Subdivision commercial,
Metra Station and Metra parking premises at 4400 Damisch Road is described herein; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on May 2,2022 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 granting an amendment
to Ordinance No. G71-05, and establishing a new PNB Planned Neighborhood 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 May 2, 2022, 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 Ordinance No. G71-05 adopted by the City Council on July 27,2005,
be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of
the Elgin Municipal Code, 1976,as amended,be and the same is hereby further amended by adding
thereto the following:
The boundaries herein before laid out in the`Zoning District Map',as amended,be and are
hereby altered by including in the PNB Planned Neighborhood Business District the following
described areas within the project area:
Those areas on the attached Pingree Creek Zoning Map,prepared by ESM Civil Solutions,
LLC, last revised October 27, 2020, designated as commercial and commercial/multi-family flex
area.
Section 4. That the development of the PNB Planned Neighborhood Business District as
described in Section 3 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PNB zoning district is to provide a
planned environment for commercial areas supplying daily convenience commodities and
services to neighborhood and commuter populations, subject to the provisions of Chapter
19. 60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. The PNB
Districts are most similar to, but depart from the standard requirements of the NB 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, 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 PNB 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 PNB 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.
-2 -
E. Location and Size of District. This PNB zoning district should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PNB Planned Single Family Residence 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
neighborhood business district shall be granted by the City Council.
F. Land Use. In this PNB 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] or as a"conditional use" [SR] in this PNB Planned Neighborhood
Business District:
1. Permitted Uses.The following enumerated land uses [SR] shall be the only land uses
allowed as a "permitted use" [SR] in this PNB Planned Neighborhood Business
District:
Residence Division.
1. "Upper floor apartment dwellings" [SR] (UNCL).
2.
"Multiple family dwellings" [SR] (UNCL), only on properties identified as
"commercial/multi-family flex area" on the Pingree Creek Zoning Map, prepared
by ESM Civil Solutions LLC,last revised October 27,2020. Such"Multiple family
dwellings" shall comply with the requirements of the PMFR Ordinance No.GXX'
22, as amended.
3. "Two-family dwellings" [SR] (UNCL), only on properties identified as
"commercial/multi-family flex area" on the Pingree Creek Zoning Map, prepared
by ESM Civil Solutions LLC, last revised October 27, 2020. Such "two- family
dwellings" shall comply with the requirements of the PMFR Ordinance No. GXX-
22, as amended.
4. "Attached dwellings" [SR] (UNCL), only on properties identified as
"commercial/multi-family flex area" on the Pingree Creek Zoning Map, prepared
by ESM Civil Solutions LLC, last revised October 27, 2020. Such "attached
dwellings" shall comply with the requirements of the PMFR Ordinance No. GXX-
22, as amended.
Municipal Services Division.
5. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two(2)acres of land.
Offices Division.
6. "Offices" [SR] (UNCL)
Finance,Insurance,and Real Estate Division.
- 3 -
7. Development sales office[SR] (UNCL).
8. "Finance, insurance, and real estate"(H).
Services Division.
9. "Advertising"(731).
10. "Automotive renting and leasing without drivers" (751).
11. "Barbershops"(724).
12. "Beauty shops"(723).
13. "Bed and breakfast inns" [SR] (7011).
14. "Commercial,economic, sociological and educational research"(8732).
15. "Commercial,physical,and biological research"(8731).
16. "Computer programming, data processing and other computer-related
services" (737).
17. "Computer rental and leasing"(7377).
18. "Dance studios and schools" (791).
19. "Detective and guard services"(7381).
20. "Electrical and electronic repair shops" (7629).
21. "Engineering,accounting,research,management and related services"(87).
22. "Funeral service" (726).
23. "Garment pressing, and agents for laundries and dry cleaners" (7212).
24. "Home health care services"(808).
25. "Laundry collecting and distributing outlets"(7211).
26. "Legal services"(811).
27. "Libraries" (823).
28. "Mailing,reproduction,commercial art and photography,and stenographic
services" (733).
29. "Management and public relations services" (874).
30. "Medical and dental laboratories" (807).
31. "Membership organizations" (86).
32. "Membership sports and recreation clubs"(7997).
33. "Miscellaneous personal services not elsewhere classified"(7299).
34. "News syndicates" (7383).
35. "Noncommercial research organizations"(8733).
36. "Offices and clinics of dentists"(802).
37. "Offices and clinics of doctors of medicine"(801).
38. "Offices and clinics of doctors of osteopathy"(803).
39. "Offices and clinics of other health practitioners" (804).
40. "Other schools and educational services" (829).
41. "Personnel supply services" (736).
42. "Photofinishing laboratories"(7384).
43. "Photographic studios,portrait"(722).
44. "Physical fitness facilities" (7991).
45. "Professional sports operators and promoters" (7941).
46. "Radio and television repair shops"(7622).
47. "Security systems services" (7382).
48. "Shoe repair shops and shoeshine parlors" (725).
49. "Tax return preparation services"(7291).
-4 -
50. "Videotape rental" (784).
51. "Vocation schools" (824).
52. "Watch, clock and jewelry repair"(763).
Retail Trade Division
50. "Apparel and accessory stores"(56).
51. "Building materials,hardware and garden supply' (52).
52. "Carryout restaurants" (5812).
53. "Catalog and mail-order houses"(5961).
54. "Direct selling establishments"(5963).
55. "Drugstores and proprietary stores"(591).
56. "Eating places" (5812).
57. "Florists"(5992).
58. "Food stores"(54).
59. "General merchandise stores" (53).
60. "Home furniture, furnishings and equipment stores"(57).
61. "Miscellaneous retail stores not elsewhere classified"(5999).
62. "Miscellaneous shopping goods stores"(594).
63. "News dealers"(5994).
64. "Optical goods stores" (5995).
65. "Tobacco stores" (5993).
Agricultural Division
66. "Farm labor and management services"(076).
67. "Greenhouses for floral products," exclusively "accessory" [SR] to a use
allowed in the zoning district(0181).
68. "Landscape counseling and planning"(0781).
Construction Division.
69. Contractor's office and equipment areas [SR] (UNCL).
Manufacturing Division.
70. "Commercial printing occupying less than five thousand(5,000)square feet
of gross floor area" (2752).
Transportation,Communication, and Utilities Division.
71. "Amateur radio antennas" [SR] (UNCL).
72. "Arrangement of passenger transportation"(472).
73. "Arrangement of transportation of freight and cargo"(473).
74. "Branch United States post offices"(4311).
75. "Bus charter service operators'offices" (414).
76. "Cable and other pay television services"(484).
77. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
78. "Communication services not elsewhere classified" (489).
79. "Intercity and rural bus transportation operators'offices"(413).
- 5 -
80. "Local and suburban passenger transportation operators' offices" (411).
81. "Radio and television antennas" [SR] (UNCL).
82. "Radio and television broadcasting stations"(483).
83. "Railroad operators' offices" (401).
84. "Commuter railroad station"(401).
85. "Satellite dish antennas" [SR] (UNCL).
86. "School bus operators'offices"(415).
87. "Taxicab operators'offices"(412).
88. "Telegraph and other message communications"(482).
89. "Telephone communications"(481).
90. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals,vaults,pipes,mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
91. "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.
92. "Accessory structures" [SR] (UNCL)to the conditional uses allowed in this
PNB Planned Neighborhood Business District, subject to the provisions of
Chapter 19.12.500,Accessory structures and Buildings.
93. "Accessory uses" [SR](UNCL)to the conditional uses allowed in this PNB
Planned Neighborhood Business District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
2. Conditional Uses. The following enumerated land uses [SR] shall be the only land
uses allowed as a"conditional use" [SR] in this PNB Planned Neighborhood Business
District:
Municipal Services Division.
1. Municipal facilities [SR] (UNCL) on a zoning lot containing less than two
(2) acres of land.
Public Administration Division.
2. "Public administration"(J)on a zoning lot containing less than two(2)acres
of land.
Finance,Insurance, and Real Estate Division.
3. "Check-cashing agencies"(6099).
Services Division.
4. "Billiard parlors" (7999).
5. "Bingo parlors"(7999).
6. "Car washes" [SR] (7542).
7. "Child daycare services"(835).
8. "Coin-operated amusement establishments"(7993).
9. "Home child daycare services" [SR] (8351).
-6 -
10. "Individual and family social services"(832).
11. "Job training and vocational rehabilitation services"(833).
Retail Trade Division.
12. "Convenience food stores, operated on a twenty-four (24) hour basis"
(5411).
13. "Drinking places (alcoholic beverages)" (5813).
14. "Drive-in restaurants"(5812).
15. "Motor vehicle dealers" (55).
16. "Motor vehicle service stations" [SR] (554).
17. "Outdoor eating and drinking facilities" [SR] (5813).
18. "Package liquor sales establishments" [SR] (5921).
Agricultural Division.
19. "Dog grooming" (0752).
20. "Veterinary services for household pets"(0742).
Transportation, Communication,and Utilities Division.
21. "Conditional commercial antenna tower" [SR] (UNCL).
22. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
23. "Courier services" (4215).
24. "Other radio and television antennas" [SR] (UNCL).
25. "Other satellite dish antennas" [SR] (UNCL).
26. "Pipelines, except natural gas"(461).
27. "Railroad tracks" (401).
28. "Treatment, transmission and distribution facilities: equipment, equipment
buildings,towers, exchanges, substations,regulators" [SR] (UNCL).
Miscellaneous Uses Division.
29. "Accessory package liquor sales establishment" [SR] (UNCL).
30. "Accessory structures" [SR] (UNCL)to the conditional uses allowed in the
NB Neighborhood Business District, subject to the provisions of Section
19.12.500 of this Title.
31. "Accessory uses" [SR] (UNCL)to the conditional uses allowed in the NB
Neighborhood Business District, subject to the provisions of Section
19.10.400 of this Title.
32. "Drive-through facilities" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
33. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of
this Title.
34. "Planned developments" [SR] (UNCL)on a zoning lot containing less than
two(2)acres of land,subject to the provisions of Chapter 19.60 of this Title.
G. Site Design - In this PNB Planned Neighborhood Business District, the use and
development of land and structures shall be subject to the provisions of Section 19.12,"Site
- 7 -
Design", of the Elgin Municipal Code, as amended, Section 19.35.335 "Site Design" for
NB Neighborhood 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. General conformance with the Preliminary Plat booklet for Pingree Creek,prepared by
Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated
January 28,2004, as amended, including the following:
a. Pingree Creek(Data Table),prepared by Shaffer&Roland, Inc.,dated January 11,
2007.
b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last
revised May 4, 2007.
c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated
January 12,2004.
d. Pingree Creek Wayfmding Sign Plan, prepared by Otis Koglin Wilson, dated
January 27,2004.
e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer &
Roland, Inc., dated May 4, 2007, including Street Cross-Section Drawings for
Damisch Road and Highland Avenue.
f. Pingree Creek Design Principles and Applications, dated January 28, 2004.
2. In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the foregoing
listed site design conditions,the owner shall be required to submit a development plan
to the city for review by the Planning and Zoning Commission and approval by the
City Council.
3. Substantial conformance to the Development Application submitted by Sho-Deen
Construction LLC, as applicant, and Wessel Court East, L.L.C., State Bank of Geneva
Trust 925, State Bank of Geneva Trust 907, Shodeen Construction Company, L.L.C.,
Elgin Redevelopment Company, L.L.C., Northon Lake Homes, III, L.L.C. /Damisch
Road,L.L.C., and Pingree Creek,L.L.C., as property owners,received April 20,2018,
and supporting documents including:
a. Pingree Creek Annexation Amendment 3 Narrative, dated October 27,2020;
b. Pingree Creek Zoning Map, prepared by ESM Civil Solutions, LLC, last revised
October 27,2020; and
c. Site Exhibit of Pingree Creek plans, prepared by Compass Surveying Ltd, dated
April 20, 2018, last revised January 19, 2019, with such further revisions as
required 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.
- 8 -
4. The exterior design of commercial buildings in the proposed PNB Planned
Neighborhood Business District shall comply with the Commercial Area Design
Guidelines in the 2018 City of Elgin Comprehensive Plan,as amended,as approved by
the Community Development Director.
5. The properties identified as"commercial/multi-family flex area"on the Pingree Creek
Zoning Map, prepared by ESM Civil Solutions LLC, last revised October 27, 2020,
may be developed with residential use, including "multiple-family dwellings", "two-
family dwellings",and/or"attached-family dwellings"with a maximum density of 20.3
units per acre. Such residential use shall comply with the requirements of the PMFR
Ordinance No. GXX-22, as amended.
6. A departure is hereby granted to allow the construction of multiple principal buildings
on a zoning lot for the development of residential uses on the properties identified as
"commercial/multi-family flex area" on the Pingree Creek Zoning Map, prepared by
ESM Civil Solutions LLC, last revised October 27, 2020.
7. Compliance with all applicable codes and ordinances.
H. Off-Street Parking. In this PNB 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, except as provided herein, and shall be subject to the following conditions:
1. A departure from the off-street parking requirements is hereby granted to allow the
construction of the multi-family developments within Pingree Creek Subdivision with
the following parking requirements:
a. The minimum required number of parking spaces for each studio or 1-BD Unit shall
be 1.5 parking spaces per unit.
b. The minimum required number of parking spaces for each 2-BD Unit shall be 1.75
parking spaces per unit.
c. The minimum required number of parking spaces for each unit with three or more
bedrooms shall be two parking spaces per unit.
I. Off-Street Loading. In this PNB zoning district, off-street loading shall be subject to the
provisions of Chapter 19.47, "Off-Street Loading",of the Elgin Municipal Code, 1976, as
amended.
I Signs. In this PNB zoning district,signs shall be subject to the provisions of Chapter 19.50,
Signs,of the Elgin Municipal Code, 1976,as amended,and shall be subject to the following
conditions:
1. The development administrator may require, and may approve signs, including
temporary model home and sales office signs and signs for uses associated therewith
and for directions thereto, not otherwise provided by this title in support of the
development.
- 9-
K. Nonconforming Uses and Structures. In this PNB zoning 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.
L. Amendments. In this PNB 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 PNB zoning district authorize such an
application.
M. Planned Developments. In this PNB zoning district, a conditional use for a planned
development may be requested by an individual lot or property owner for a zoning lot
without requiring an amendment to this PNB zoning district and without necessitating that
all other property owners in this PNB zoning district authorize such an application.
N. Conditional Uses. In this PNB 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 PNB zoning district and
without necessitating that all other property owners in this PNB zoning district authorize
such an application.
O. 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 PNB zoning district and without necessitating that all other
property owners in this PNB zoning district authorize such an application.
P. 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.
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 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain,Mayor
- 10-
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis,City Clerk
- 11 -
Exhibit"G1"
to
Annexation Agreement
PINGREE CREEK AMENDMENTS TO SUBDIVISION ORDINANCE AND
ENGINEERING AND CONSTRUCTION STANDARDS AND SPECIFICATIONS
5/26/22
EXHIBIT"G-1"
Engineering Specifications
The "Property" is defined in the attached Annexation Agreement. The development of the
Property shall be governed by applicable city ordinances and regulations including,but not limited
to, Title 18 (the "Subdivision Ordinance"), Title 19 (the "Zoning Ordinance") and Title 21 (the
"Stormwater Management Ordinance") of the Elgin Municipal Code, 1976, as amended, and by
the City of Elgin Engineering Department General Notes dated last revised October 12,2020,City
of Elgin Engineering Department Standard Details dated last revised June 23,2021,City of Elgin
Subdivision Final Engineering Engineering Submittal Checklist dated October 14,2020, and City
of Elgin Engineering Department Signage Details dated January 13, 2004, as amended (the
General Notes, Standard Details, Subdivision Final Engineering Checklist and the Signage Details
are hereinafter collectively referred to as the"Engineering Standards"),as amended,modified and
supplemented by the provisions contained below.
In the event of any conflicts or inconsistencies between the provisions contained below and the
provisions contained in the Subdivision Ordinance, the Engineering Standards, or any other
ordinance of the City, the provisions contained below shall govern, supersede and prevail for the
Property.
The Subdivision Ordinance and Engineering Standards shall be amended, modified, and
supplemented as provided below for the Property. Except as expressly provided herein, or in the
planned development ordinances for the Property referred to in the Annexation Agreement, the
Subdivision Ordinance and the Engineering Standards shall otherwise fully apply and remain in
full force and effect with respect to the Property.
General Notes
General Underground Utilities
Add: Underground Utility Construction.
The City of Elgin will allow all proposed, storm and water main to be placed outside of pavement
edges.
For utilities located near foundations, for everyone foot of depth to the invert, one foot of
horizontal easement shall be provided on each side of the utility.
Add: Trench Excavation and Backfil1.
The remaining part of the trench shall be filled with approved backfill,CA-6 FA-6 or flowable fill.
If the trench excavation is within 2' of or under a paved area (including streets, curbs, gutters,
shoulders but not including sidewalks) full depth trench backfill shall be used. If the trench
2
excavation is under a sidewalk area full depth trench backfill shall be used. This material should
then be compacted in place to 95%maximum density at optimum moisture as determined by the
Modified Proctor Test. Any material deemed unsuitable by the City Engineer or representative
shall be removed from the trench. •If the trench excavation is within 2' of a sidewalk area non-
trench backfill may be utilized but such non-trench backfill material must be suitable for
compaction. Sidewalk thickness shall be a minimum of 5" and Developer shall extend the
Maintenance Period for sidewalks(only)by one(1)additional year than what is currently required
by ordinance.
Add: Trench Backfill.
Flowable Fill or Controlled Low-Strength Material (CLSM) shall be in accordance with all
provisions provided by the Illinois Department of Transportation. The following mixes are pre-
approved with the other mix designs to be submitted for review by the City Engineer. Trench
Backfill mined on site may be used provided that it meets the gradation requirements of trench
backfill with documentation provided by a geotechnical engineering firm.
Storm Sewer
Item 2. All sump pump and drain tile discharges shall be routed to the storm sewer system. Sump
pump drain service connections shall be four inches (4") PVC at a minimum slope of 2% or 6"
HDPE at a minimum slope of 0.5%. Minimum cover shall be two feet (2'). The discharge pipe
shall be SDR 26 and shall conform to ASTM D2751 or ASTM D3034 specifications.
Add Item 10.Rear yard storm sewers mains are permitted provided the storm sewer is 24" or less
in diameter.
Add Item 11. Rear yard storm sewers may be perforated HDPE pipe in lieu of City of Elgin pipe
material standards. The Homeowner's Association (or homeowner for sump lines)shall maintain
all HDPE piping mains and structures. Storm sewer systems constructed of City of Elgin standard
pipe material shall be maintained by the City where accessible by vactoring equipment.
Add Storm Sewer. The use of inlets will be accepted in areas outside of the right-of-way and
provided that they are privately owned and maintained.
Watermain.
Item 9. Water services and fire suppression systems from property line into the building shall be
made and installed by a licensed plumber, in accordance with the Illinois State Plumbing Code.
All water services from the main up to the B-box may be installed by the developer utilizing a
licensed plumber if City installation crews cannot keep up with the pace of development.
Add Item Materials and Specifications.
All water main must be a minimum of 10' horizontally from any sewer lines per Illinois
Environmental Protection Agency (IEPA) requirements. If a new water main is placed within 10'
of an existing water supply, the contractor must follow all specifications and details found in
3
"Standard Specifications for Water and Sewer Main Construction in Illinois". The 10'separation
requirement shall not apply to storm sewer/water service line crossings. All water mains shall be
Class 52 ductile iron pipe zinc coated with bio polywrap.
Add Item Sprinkler Systems.
With the exception of entrance monuments and common area boulevards, the entire system shall
be placed out of the right of way and in such a fashion to allow proper maintenance of the system.
Sprinkler systems shall be constructed to allow the removal of water from all lines to prevent
against freezing. Maintenance of sprinkler systems in common areas shall be the responsibility of
the Homeowners'Association.
Signne Details
Sign Panel
Custom stop sign posts and panels may be used in lieu of City standards provided that the panels
meet the requirements of the "Manual of Uniform Traffic Control Devices". The City shall grant
the Homeowners Association (HOA) the opportunity to replace damaged ornamental sign posts
and panels at their expense. If the HOA chooses to not to replace the sign posts and panels, the
City shall replace them with City standards.
Street Name Sign and Assembly
Custom street name signs and poles may be used in lieu of City standards provided that they
remain consistent throughout the development. The City shall grant the HOA the opportunity to
replace damaged custom street name signs and posts at their expense. If the HOA chooses to not
to replace the custom street name signs and post, the City shall replace them with City standards.
"Poz-Loc" Sign Mounting Bracket.
Custom street sign brackets may be used in lieu of"Poz-Loc"sign mounting brackets provided
that they are used consistently throughout the development and manufacturer's recommendations
are followed.
City of Elgin Standard Details
Storm Sewers
Catch Basin Frames and Grates
B6.12 and B-modified curb and gutter frames and grates may be used for catch basins and inlets
in pavement areas.
Details
4
Detail A-7 Barrier Curb Detail B6.18
B6.12 and B-modified curb and gutter may be used in lieu of B6.18 curb and gutter.
Typical Roadway Section
Water mains and storm sewers utilities may be located in the parkway of the right of way in lieu
of being located under the pavement.
Storm sewer mains may be located in the backyards of residential lots.
Sidewalk thickness shall be a minimum of S"thick except at driveways where it will be 6" thick.
Sidewalks shall be a minimum width of S feet.
B6.12 or B-Modified curb and gutter may be substituted for B6.18 curb and gutter.
The minimum roadway width for local streets shall be 30 feet (back to back of curb). (Discuss
18.28.050 Streets requires minor streets to be 30 feet wide(back to back))
Title 18: Subdivisions
Sections 18.12.010 Preliminary Plan and 18.12.020 Final Plat
Add.Preliminary Plat and Final Plat approval may occur simultaneously.
Section 18.24.060 Lot Standards
D. Side lot lines shall be substantially at right angles or radial to the street line unless natural
features or unusual circumstances restrict the ability to do this.
Section 18.28.030 Water Sunnly
J. Water mains shall be looped. If approved by the City engineer due to unusual circumstances,
water mains may pass through side yards provided that they are installed in a minimum 20 foot
utility easement.
Roadway Geometry.
All streets shall be centered on a minimum 60'right of way.. Additional right of way area may be
requested at the intersection of larger streets. All curb corners shall have a minimum radius of 20'.
Cul-de-sacs shall not be greater than 900 feet,measured along the centerline. The cul-de-sac shall
terminate into a circular shape with a minimum diameter of 100'. The terminus of the cul-de-sac
shall be centered on the street. Asymmetrical cul-de-sacs may be acceptable if the Developer
provides evidence that it is warranted and the City Engineer approves such a configuration.
Developer shall place "No Parking"signage along streets if a problem arises upon full build out
of the subdivision.
Sidewalks.
5
All sidewalks shall be constructed of Portland Cement Concrete to a grade approved by the
Engineering Division of Public Works. Sidewalks shall be a minimum S" in thickness and S'in
width. Driveway approaches(and sidewalks extending across driveways) shall be a minimum 6"
in thickness. Where it is necessary to remove the existing curb in order to construct a driveway,
the new depressed curb shall be constructed with a 1" face at the flow line.
Legal Dept\Agreement\Annexation-Pingree Creek-Exhibit G-1-Clean-6-1-22.docx
6
PROJECT NAME: Pingree,Creek Subdivision(School District 300)
Specific Unit Type: All Unit Types
EXHIBIT J-2 (D300): IMPACT FEES 2022
Public Safety Sub-Area(NW,SW,or Other)' SW (updated 3-3.2022)
Sewer Recapture(North Randall,Sleepy Nollow, Bowes Road
Tyler Creek,Bowes Road,Bowes Creek NIA)
62-07 ord.S-2 ore.G-
Hateta Note Nob9 Nob4
School School School Park Park Sew" - -
SperUnit Land Capital Transition Land Capital Water Reeepture Roadway(SW) Library Public Safety PER UNIT
Unit T 1f of Units Project Fee Project Fee Project Fee Project Fee Project Fee Fee Project Fee Project Fee Project Fee Project Fee TOTALS
Detached Single-Family Residences
$per Unit $386.38 $894 35 $0.00 $0.00 $0 00 $2,030.00 $634.00 57 830 7fi $0 00 $1 779�9
2-bado«n!mils 1S38&38 $894.35 $0.00 $0.00 $0.00 $2,030A0 $634.00 $1,630.76 $0,00 $1,179.39 $6,754.88
$perwut $1,416.31 $3,63695 $0.00 $0,00 $0.00 $2,030.00 $634.00 $1.63616 so eo S1.179.39
!bedroom units. 1 $/A16.31 $3,635.95 $0.00 $0.00 $0.00 $ZO30.00 $634.00 $1.630,76 $0.00 $1,179.39 $10,525.41
$per unit f2,3/4.55 86.210.22 $0,00 $0.00 $0.00 $2,030.00 $63400 $1,63076 5000 .$1.179.39
$0.00 $0.00 - $0.00 $0.00 $0.00 so C-0 $0.00 _ $0.00 $0.00
$per unit $1,766.75 E4,618.90 $0.00 $0.00 $0.00 j2.030.00 $634.00 $1.630 76 4000S1,179.39
4 or 5*bedoan units": $178&75 $4,84& $0.00 $0.00 $O. $2A30.00 $634.00 $1,630,76 S0.00 $1,179.39 $1 10&80
Attached Singla-FamNy Residences
,$Per-it $0.00 $0.00 $0.00 $0.00 - $0.00 SZO30.00 $634.00 $1,630.76 $0.00 $1,179.39
1--bed traits: $0.00 $0.00 Saw $0.00 . $0.00 S2A30.00 _ _ $834A0_ $1,630.76 $0,00 $1,179.39 $5,474.1_5_
$per wit $340.69 $862.82 so0( $000 $0.00 f2,030.00 $034.00 $1,630.76 $0.00 $1,179.39
&tMdOOm traits: $340.69 $862.82 $0.00 $000 $0.00 $2,030.00 _ $SX00 _ $1,630.76 $0.00 $1,179.39 $6.677.6.7
li$perutit $659.77 $1,577.70 $0.00 $0.00 $0.00 $2,030.00 $034.00 $1,630.76 $0.00 $1.17939
3•bedoom snits: _ $659.77 $1,577.70 $0.00 $0.00 ___ _ $0.00 $2,030.00 __ $KOO $1,630.76 $0.00 $1,179.39 $7,711.62_
$per urt $1,267.79 $3,28997 $0.00 $0.00 $000 $2,030.00 $634,00 $1,630.76 $000 $1,17939
4-bedroom units: $1 W.79 $3,289.97 1 $0.00 $0.00 1 $0.00 $2030.00 $634.00 1 $1,630.76 $0.00 $1,179,391 $10,031.91
Apartments
$otter l/tlt $0.00 $o.00 $0.00 $0.00 $0.00 TBD $634.00 - $1,630.78 $0.00 $1,179.39
Efficiency snits: l $0.00 $0.00 $0.00 $0.00 S0.00 $634.OD $1,630.76 S0.00 $1,179,39 $3444.15
'$PE ormt $7.82 $20,10 $0,00 $0.00 $0.00 TBD $634.00 $1,630.76 $0.00 $1.179.39
1-bedroom Traits'. - i $7.82 $20.10 $0.00 $0.00 $0.00 $634.00 $1,630.76 $0.00 $1,179.39 $3.4720_7
'l$pe'tm't $340.16 $860.00 S0.00 $0,00 $0.00 TBD $634.00 $1.630.76 $0.00 $1,17939
2-below,units'. 1 $340.16 $880.00 $0M $0.00 $0.00 $634.00 $1,630.76 $0.00 $1,179.39 $4.664.31
$per""t $930.57 $2,392.86 $0.00 $0,00 $0.00 TBD $634.00 $1,630,76 $0.00 $1,179.39
3-bedroom units. 1 $930.57 1 $2,392.861 $0.001 $0.001 $0.00 1 1 $634.00 1 $1.630.76 $0.00 $1,179,39 $6.767.58
Non-Residential
$000 j0.00 $000 $0.00 $000 TBD 5233.00 $1.928.86 $0.00 $2709z Commercial square f� 1, $0.00 $(1.00 $0 00 $0.00 $0.00 $233.00 §1,928.86 $0.00 $270.92 $2.112.1
NOTES B FOOTNOTES:
Not,1:G,d.G lOZ pavpw fa a 3%o-oi raraese.
Nob L Hood Im m omd haews.TM W Solari Cwid Pooped Foo r-,per ui vs otoote tl by EAMi.1110 Seoo d AmrMwi to Mrrem Ap,oneri m AWut 12 211W(rd err,Y„me/a Detdte WO sod W1).Auer-'m Agr,tri root Edda 11 rN-dsn IM reorrn.t
for a Stool Capid Pmpd Feo 0U Tib 17 al000 not pwde for ea,-Imleww d octal aepltd papa Is OM SOY.fad,robe,-oom§17.Ok010 A a cep @ 100%m Js,ery 1,2e06 tot duo rd eppw to rMrd,e0rt tda run4r).wth tM W no,M it M.Srdm S
A.d tM MOMotm Ape of Match eetebiths that tM haeee A tM rear of Baud poomi irreees by nay d S%.netoe tMt 0%0000i haeew-it.
Nob$:is o Traerbn Protect Fw vote not m esect too wteEl-od W1W 1M seex-m Warred(Iles.W.0i Monition Apeentri,Foo uory 25,2004 a tM suteapei fist sod sited tneotrnarie).
Nebo:Ott-G Wa3 props two 3%sruel ioo,weo.E-J d arq-2W1 Arhw-ion Apewnra toot Erlteie 11 d 1M 2009 Secad Anter-tei wteltd ttr tM low k-dri,Ihio col rnn se W%d Ro tdel lw ale a oo"w Ifse Carey ton m s1've trrepatdim htpect Is
p,oten ed iop0000 tlgae iso Wan 1*d-A-,aa.If u N Carty-o -m inpot fro a lol-a then 2)(1M to bled WI-tte o--ot for 10i or tM For Wwt A oo De.-yner,Cadrbibo is Raodvrye a dA io IN 011,
Not,5:ENM J of ah4rtrl 200a Arrow-lot AWoo, c rod Ex1E0t,11 of 2009 Ssad Amrod,ei m rap set-filth,berry ono-cops-inior-1welop-mp,ot fs.
Nob e:EM J d alp'-2Wf Aaovetlon Apsmry ed E-11 or 2009 Ssord Amer-nrri sttlsh net It-4 no Pdic Sd-y SWNoe to to w111,d to tM rite,A*t,o oty.
Nob 7:school tad Proled Fee most is pop to Doldt W.W trot to Lietrid M1 w carero dwekpnni pion hddee,sdd ode h Dhtrict Mi.A Ie,Apeemert eebaWts tMt 1M anal pooei pc,osi a lM I-of,crud pert-iep paws or cry a 3%.As s 'this Iw-0
tone a*haewed 3 o ndy wen t-gh§17.01.070 of tM E1*Mtrtbol Code cootm l-ed"on of caress.lfoaws,h J,awy 2017.1M Coy eote4 tM lord v-e s sot d trio,akue'on-$96.000 ed Mood u000 tM 12maeh chips to iM CPI to cdoW a anal ilcr-
Fa tire ftil thle ehce Ito-ci r .lM CPI iorowe Ma more nor,3%(it yea 7.5%1.Ae o,oA tM icrwew to tlooe rot t Iw xare My ierwed 3%yar war yet(w it fees tM b doi r w cots Whdod by Sedbt a A.of tits Mv-im/perm-i).Soo Fee FoAm oM-.
Nob 8:Fes or,wto-shod by§17.0/.M A of lM EUh MWabsl Code,19M w orrortded T80 metoo that IM'Mtr service so*for tM seat-ed EUbN type roi to M delermMd brio,the lee can bs cakW ed A RuWg Divebn review d It-pooled by Stodeat it S.-tor 2018
Iard tl-iM fiet-Ibar cramp o-o uoie7,IT Iola p-e,toot tM Mir service Fee nwdeO to Me mhMumd 1'/.doh h sloe la tM n oo d lot-mane papwed if lM MM1g rite rarwbed to ue TA a open xeh lruoees fa tM fret ftv Irmo,Itgta n-itvrn t%-iah
A-to servk,Ire W be raahrl toot 1No fee Yraass to S2,910 pto dxitp W.
Nob F.E J of aeY-WOl Amndim Ape-,sae-EilEae 11 of 2009 Sarno-orok tri arty roofed DRIS Sewer P-W-Pmpd Fee fmm d*IM Boos Prod Seta R000pae Aveo r-iM T-W Prate t Fee.
Nob W.Pr Rae,fJo 046/,Msutim Ai ornrt,Fe,t n.200a,no'h bd rd perk cgdd two seterod I-0 dorotbn d pork Woo ed open aperdcae-v-ion aew"caobu m d recrmlmd-m(ou§M).
PROJECT NAME: Pingree Creek Subdivision(School District 301)
Specific Unit Type: All Unit Types
EXHIBIT J-2 (D301): IMPACT FEES 2022
Public Safety Sub-Area(NW,SW,or Other)' SW (updated 3-3-2022)
Sewer Recapture(North Randall,Sleepy Hollow, Bowes Road
Tyler Creek,Bowes Road,Bowes Creek,N/A)
oa G=, Old Gb02 Ord.GbM3
Rde to rp•a ..9
School School School Perk :'Park Sewer
$per Unit Land Capital Transition Land Capital Water Recapture Roadway(SW) Library Public Safety PER UNIT
Unit Typo Mof Units Project Fee Project Fee Project Fee Projed FM Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee TOTALS
Detached Single-Family Residences
$per wit 50.00 $89435 30.00 $0.00 $0 GV $2,030 DO $634.00 $1,630.76 $0.00 51.179.39
Y-bedroan UAB _ 1 5Moo $894.35 ',SO.pO: $0.00 $O.00 $2,030.00 _$634.OD $1,630.745 $0.00 _.$1,179.39 $6,368.50_
$per unit $0.00 $3,635.95 $0.00. $0.00 : $0.00 $2,030,00 5634.00 $1,630.76 $0.00 E1,179.39
3-bedroom bits: _ 1 _ $0.00 $3,635.95 $0.00 $0.00 $0.00 $2,030.00 ... $834.00 $1,630.76 $0.00 .$1,179.39 $9110.10
$Per uit 50.00 $6,219,22 $0.�00: $0.00 : $0.00 $2,030.00 $634.00 $1.630.76 $0,00 '.$1,171.39
$0.00 $0.00 $0.00: $0.00 $000 $0.00 $0.00 $0.00 $0.00 bO.W S.DD
$PE;_mt $0,00 $4,848,90 $0.06: $0.00 $000 $2,030.00 $634.00 $1,630.76 $0.00 $1,179.39
4 or 5e bedroom hits 1 $0.00 $4,1348.90 $O.OD• $OAD $0.00 $2,030.00 $634.00 $1.830.76 $0.00 $1,179.391 $1 323A6
Attached Single-Family Residences
$per L6f $0.00 50,00 50.00: $0.00 $0.01 $2030.00 $634.00 $1.630.76 $0.00 $/,179.39
1-btldrownmft _ 1 __ $0.00 $0.00 MOD: _ $0.00 $0.00 $2.030.00 1f344.00 $1,630.76 $0.00 $1,179.39 $5,474.15_
$per 16t $0.00 $862.82 ;0.00' $0.00 $0.00 $2,030.00 $034.00 $1,630,76 $0.00 $1,179.39
2-bedroom nits: 1 $0.00 $862.82 ":::$0.D0: __ $0.00 :�fObO $2,030.00 $634.00 $1,630.76 $0.00 $1,179.39 $6,330.97
$per urnt $0.00 $1.577.70 $0.00 $0.00 $0A0 52,030.00 $634.00 $1.630.76 $0,00 $1,179.39
3-blrkoom wft., 1 $000 $1,577.70 $0.00 $MOO : $0.00 $2,03D.00 $634.00 $1,6W.76 5000 $1,179.39 $7,051.85
$per unit SO 0i $3,289.97 $0.00 $0.00 $0.00 $2.030.00 $634,00 $1,630.76 $0.00 $1.179.39
4-bedroom units, 1 $0.00 $3,289.97 $0.00 $0.001 $0.00 $2,030.00 $634.00 1 $1,630.76 50.00 $1,179.391 $6764.12
Apartments
$Per 0"t 50.00 $0.00 $0.00 50.00 ':S0.00' TBD $634,00 SI,630.76 $0.00 51./79.39
Effici arils: 1 _ $0.00 $0.00 $0.00 $0.00 - jtIX10: $634.00 $1,630.76 $0.00 $1,179.39 $3444.15
$Pe7 until $0.00 $20,10 $0,00 $0.00 $D.OD TBD $634,00 $1,630.76 $0.00 $1.179.39
1-bedroom tries: 1 $O.00 $20.10 $0.00 $0.00 _ :SOAO $634.00 $1,6W.76 $0.00 $1,179.39 $3,464.25
$per unit $0.00 $880.00 $0.00 $0.00 $0.00 TBD $634,00 $1,630.76 $0.00 $1,179.39
2-bedroom units: 1 $0.00 $880.00 $0.00 $0.00 _ $0.00 $634.00 $1,630.76 $0.00 $1,179.39 54,324.15
$per unit $0 nr; $2,392.86 $0.00 $0.00 $0.00 TBD $634,00 $1,630.76 50.00 - $1,179.39
3-bedroom units. 1 $1.00 $2,392.86 1 $0.001 $0.001 $0.00 $634.00 1 $1.630.76 $0.00 $1.179.39 $5,837.01
Non-Residential
$0.00 $0.00 50.00 E0.0(1 � $O.OD TI3D 4L33.00 $1,928 86 $O.00 $270.Y2
Commercials uare toe 1, $0.00 $0.00 $0.00 50.00 $Otlb' $233.00 $1'928,86 $0.00 $270.92 $2,432.77
NOTES 8 FOOTNOTES:
.1.1:Ord.G302 pwdm Iva 3°/s avud rcrease.
lb4 2 Fked IN;to crud Yl,eea TM bl Sc1ml C.Y.Prgecl Fw rdeW tti va eslAWNo by IL,,-11 to S-It!AmeNtre to Atrerl W Agartwe m At o 13 N09(rttl rare k eane t, n.A,eedbn Ageent,a N Eaytla 11 mUlW111.regirtwe
fora Sded Cyid Pralecl Fs,W Title 17 dos rot pohb Iv erred Ycreasac of,drool cgAA pralecl Iw(UN 50%In,nd-,c i v W 17.OI.010 A 1 ceps a 100%m Jreaty 1,MIS and aa.e ml abler toW dloa IN,nmlen.wIA IN m,rde ad h M.s-S.
A d1.AoNuit.A,-,-aIe IW IM--k IN beer of n,d Iercet Ycreees by Gy,n.-Ills 0%ereW Yurese c,enle.
Nob 3:Sdtod Tmsim Pod Fm vm rot at'mpmt lee aslatlahW WM t*ermdioo gems,[Ire,.No t1ti51,Namaltrt AWe ,Fabtut y M MOI or IN atEee_IFst eN secmd mwiJrrls).
W..0.GNM3 pa lee fix a 3%-I--Es J of od od 1000 Atvmdm A,--EeNOye}I d IN 2(e9 Second AmeMlert rlehbh Ikd IN Ieee It-W M tlb<Wnn ve Seri.d iM tout fw dw b to log m Nee Corny Ne en ectke Iretepmalun mN0 Iw
pogpn,d mpcaea Iigea I-_r.dweppsd.II,o Nes Gprty tn,ooutt W m 1 lee b cdeda4 then 2 ON-It bled-t*o ,(,10A)of ire Fr W sl Am Dwdbm Gv,IW W 1,Rmderye it,duo to IN City,
Note 5:Fehbu J d ahId 2004 Ameadion AT-rd EdWee J-1 of 200O Sacpd Amptlm,a dd nt4 eetedeh a"&tnot capld mpwentere dwebpmn mped fee.
Note b E.-J of v0vi Moo A--Agenn ad Eddbre}I of NOS Semd AnerWenl eet 1-'$W-a IN Peek Moty S-A .to N,Pow to the nye a ml o-My.
Note 7:Scteol lard Pnaled Fee meal IN paid to Dlotm M.W net to 0klnbl 301 s oupre devebprnn pbn d tW It sdml He In Getft MI.Anerdm Ageemn slabbhea the IN end p,rerl e1,eMe a IN lout,of actual pe-It,t9e Mreuts by cty,3%.M each IN fee v AtI
-oey Yana o n w,*,v In 1l 0§17.M.0f0 d IN EW M,04d Co4e carl,npbled S%emd ivrerm.Howv,,n J,tuty 3011,IM CYy nee,the 6d vaLe w IW of IN IA."on at$ffi.000,d---the 12+twth drape to tM M to cdcdde crud Hreeee.
For tie fnt Ime-tld dWlp.the CPI Int-,I v mwe Ilrt n It xa 7.5).M II-IN Yves to Il mptt t fes e,e*Faced 3%ym m,ye,(s i levee ON devekpr s c NropWad by Swum O.A of IN A io,,Airmen).See Fee Fadn,Net.
Nob b Fes Im-SISIShed by§17.04.050 A d IN EW Mu d Cate,1976 s enwded.TOD 11te,e IN!the 1M,eemce-1,IM seocbted tliltg type-1,,lobe 4drmrcd Won,Ile fit tW IN CaklYed A 6,4*g D mm twiIm a1 Wx tv d by Shodeen b Sept r MIS
fond IM IN IYst4b,e,Ng mm des 2'0 171bor Iokte,,tl IN lacer,rube Yee needed to a a of n of 1Y.ieh n e¢e t,IN oemb,d Idel moms propsed II tM b,**g pee n N-1 to ua TJI or open xeb truss t,the fmt too,ImoM then a nenem 1%-Yeah
,dr crave IN,va N re,aed sM IN,is Imo to$2,WO per dxeetg W.
f4eG►F Me J of o,VW M04 Amselbn Ag tm end Edbte}1 of NOB Srad AmeM1n aN re,.kad BIOS Sex-Rwlol,e Propct Fs Inn 1v N,the Bawer P d Se-Recepl,e Arc,not the Tvk al PMIM Fs.
NON IS P,Res,No.01-Si,ArterdM Age,nn,FMr 26,M.pl,lord,d park taped Is s-I.tiv.,h dray-a t-k cede aM open apxkmwrvdm aes ad ovettudYn d rapnvW n,ir Ise 4 OBI.
EXHIBIT O
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STATE OF IWNDIS PROPOSED PUN AND PROFILE
?7TER RODNDASOUT CENTER MEDIAN Exhibit 7.4
DEPARTMENT OF TRANSPORTATION
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IiJ- - STATE OF IW UN NOIS PROPOSED P AND PROFILE
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DEPARTMENT OF TRANSPORTATION
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R07TE{Z _ RDNRINO ROAD SE APPROACN Exhibit 7.9
-- DEPARTMENT OF TRANSPORTATION
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EXHIBIT P
CURRENT COST SUMMARY FOR DESIGN AND
CONSTRUCTION OF ROUTE 20 ROUNDABOUT PROJECT
Estimated STP-L Remaining Unfunded
Description of Work Cost Funding Costs
Awarded
Engineering-Phase II $278,285 - $278,285
ROW and Easement Acquisition $148 220 - $148 220
Engineering-Phase III $342,990 $159,200 $183,790
Construction Cost $3,429,900 $1,592,000 $1 837,900
Subtotal $4 199 395 $1 751 200 $2 448 195
50/50 Split Between City and Developer $1224 097.50 Each
Legal Dept\.Agreement\Annexation-Pingree Creek-Third Amendment-Exhibit P-Clean 5-26-22.docx