HomeMy WebLinkAboutG3-06 (2) p.,, Ordinance No. G3-06
AN ORDINANCE
RECLASSIFYING TERRITORY FROM AB AREA BUSINESS DISTRICT TO
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(1175 McLean Boulevard and 1475 Todd Farm Drive—The Woods at Elgin)
WHEREAS,the territory herein described is located within the City of Elgin and zoned in the
AB Area Business Zoning District; and
WHEREAS,written application has been made to reclassify a portion of said territory from
the AB Area Business District to the PMFR Planned Multiple Family Residence District; and
WHEREAS,after due notice in the manner provided by law the Planning and Development
Commission conducted public hearings concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated September 6,2005,made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the`Zoning District Map', as amended,be
and are hereby further amended by including in the PMFR Planned Multiple Family
Residence District, the following described property:
Lot 2 of Tyler Creek Plaza III Subdivision in the City of Elgin, according to
the Plat thereof recorded on November 21, 1994 as Document Number
94k085450,in Kane County,Illinois; except the following described parcel:
Commencing at the Northeast corner of said lot 2; thence North 89 degrees
54 minutes 12 seconds West, along the Northerly line of said lot, a distance
of 431.81 feet; thence South 00 degrees 53 minutes 50 seconds East, along
the Westerly line of said lot, a distance of 88.00 feet to the Point of
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Beginning; thence South 44 degrees 54 minutes 12 seconds East, a distance
of 84.85 feet to a point on a line 370.29 feet Westerly of and parallel with the
Easterly line of said lot; thence South 00 degrees 05 minutes 48 seconds
West, along said parallel line, a distance of 342.85 feet to the Northeast
corner of lot 1 of said Subdivision; thence South 89 degrees 59 minutes 26
seconds West, along said North line, a distance of 208.00 feet to the
Northwest corner of said lot 1 and a point on the Easterly right of way line of
McLean Boulevard and the Westerly line of said lot 2; thence North 00
degree 53 minutes 50 seconds West, along said West line of said lot 2, a
distance of 403.29 feet;thence South 89 degrees 54 minutes 12 seconds East,
a distance of 155.00 feet to the Point of Beginning. (Property commonly
known as 1475 Todd Farm Drive, containing 6.3 acres)
Section 3. That the City Council of the City of Elgin hereby classifies the subject property in
the PMFR Planned Multiple Family District in accordance with the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned environment for a townhome community,subject to the provisions
of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as
amended.
B. Supplementary Regulations. Any word or phrase contained herein,followed by the
Pak symbol "[SR]", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976,as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PMFR zoning district,the use and development of land
and structures shall be subject to the provisions of Chapter 19.05,General Provisions
of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended.
E. Land Use. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.10,Land Use of the Elgin
Municipal Code, 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 zoning district:
Permitted uses. The following enumerated land uses shall be the only land uses
allowed as permitted uses in this PMFR zoning district:
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Residence Division.
1. "Attached Single Family 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).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Finance,Insurance, and Real Estate Division.
8. "Development sales office" [SR] (UNCL).
Services Division.
9. "Family residential care facility" [SR] (8361).
10. "Home child day care services" [SR] (8351).
Construction Division.
11. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SR] (UNCL).
13. "Radio and television antennas" [SR] (UNCL).
14. "Satellite dish antennas" [SR] (UNCL).
15. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
16. "Fences and walls" [SR] (UNCL).
17. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
18. "Temporary uses" [SR] (UNCL).
19. "Accessory uses"[SR](UNCL),to the permitted uses allowed in this PMFR
zoning district, subject to the provisions of Section 19.10.100, Component
Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as conditional uses in this PMFR zoning district:
Services Division.
1. "Residential care facility" [SR] (8361).
Miscellaneous Uses Division.
2. "Accessory uses" [SR] (UNCL), to the conditional uses allowed in this
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e• PMFR zoning district, subject to the provisions of Section 19.10.100,
Component Land Uses.
F. Site Design. In this PMFR zoning district,except as otherwise provided for herein,
the use and development of land and structures shall subject to the provisions of
Section 19.12,Site Design,of the Elgin Municipal Code,as amended. In this PMFR
zoning district,the use and development of land and structures shall be also subject
to and in substantial conformance with the following documents:
1. Substantial conformance to the Statement of Purpose submitted by The Circle
Land Company dated March 18, 2005,revised November 1, 2005.
2. Substantial conformance to the Tyler Creek P.U.D.Preliminary Engineering
Plan, prepared by Haeger Engineering, pages 1 through 5, dated March 18,
2005,consisting of a Preliminary Plat,Site Plan,and Preliminary Engineering
Plan. Revisions thereto shall be provided a required by the Engineering
Division, the Fire Marshall, and the Community Development Group.
3. All dwelling units on the subject property shall be designed,constructed and
maintained in substantial conformance with the building elevations submitted
by The Circle Lane Company,dated March 17,2005,and revised November
1, 2005. In addition thereto, all dwelling units on the subject property shall
be designed, constructed and maintained so as to provide for not less than
40% of brick as the materials for the exterior elevations.
4. Landscaping shall be installed in substantial conformance with the Landscape
Plan prepared by Pugsley&Lahaie, Ltd., dated March 18,2005 and revised
July 15, 2005.
5. All dwelling units within the subdivision shall be owner occupied and the
"Declaration of Easements, Restrictions and Covenants for the Woods at
Elgin" shall be amended to restrict occupancy of the units to owners of
record.
6. Compliance with all other applicable codes and ordinances.
G. Off-street Parking. In this PMFR zoning district, the location and design of
driveways shall be in substantial conformance with Tyler Creek P.U.D.Preliminary
Engineering Plan, prepared by Haeger Engineering, pages 1 through 5, dated
March 18, 2005.
H. 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,
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esib. 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.
J. Planned Developments. In this PMFR zoning district,the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
K. Conditional Uses. In this 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. An application for conditional use may be filed
by an individual property owner without necessitating that all other property owners
in the development authorize such application.
L. Variations. In this PMFR zoning district,application for variation shall be subject to
the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as
amended. An application for variation may be filed by an individual property owner
without necessitating that all other property owners in the development authorize
such application.
M. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code,
1976, as amended.
Section 4. That this ordinance shall be full force and effect immediately after its passage in
the manner provided by law.
. ...
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Ed Schock, Mayor
Presented: January 25, 2006
Passed: January 25, 2006
Vote: Yeas: 6 Nays: 1
Recorded: January 26, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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September 6, 2005
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 52-05 Requesting a Map Amendment From AB Area Business District and
ARC Arterial Road Corridor District,to AB Area Business District,PMFR Planned Multiple Family
Residence District and ARC Arterial Road Corridor District, and Preliminary Plat Approval;
Property Located at 1175 North McLean Boulevard and 1475 Todd Farm Drive,by The Circle Land
Company, as Applicant and Z Investments, As Owner.
BACKGROUND
Requested Action: Map Amendment
Preliminary Plat Approval
Current Zoning: AB Area Business District
ARC Arterial Road Corridor District
Proposed Zoning: AB Area Business District
PMFR Planned Multiple Family Residence District
ARC Arterial Road Corridor District
Intended Use: Attached Single Family Residences
Property Location: 1175 North McLean Boulevard and 1475 Todd Farm Drive
Applicant: The Circle Land Company
Owner: Z Investments
Staff Coordinator: Sarosh Saher, Urban Design &Preservation Specialist
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
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C. Parcel Map (see attached)
EXHIBIT
Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
D. Aerial Map (see attached)
E. Environmental Map (see attached)
F. Site Photos (see attached)
G. Draft PMFR Ordinance (see attached)
H. Correspondence (see attached)
I. Development Plan (see attached)
BACKGROUND
An application has been filed by The Circle Land Company,requesting a map amendment from AB
Area Business District and ARC Arterial Road Corridor District, to AB Area Business District,
PMFR Planned Multiple Family Residence District and ARC Arterial Road Corridor District, and
preliminary plat approval, to allow the construction of a residential townhouse subdivision. The
property is located at 1175 North McLean Boulevard and 1475 Todd Farm Drive(reference Exhibits
A, B, C, D, E, and F).
The Circle Land Company proposes to subdivide and rezone the 8.3 acre parcel for a residential
subdivision. The property is currently vacant and is zoned for commercial uses. The proposal
provides for the development of 35 townhouses on the easterly 6.3 acres of land.No development is
proposed on the westerly 2 acres which is proposed to remain zoned AB Area Business District
(reference Exhibits G, H, I and J).
FINDINGS
After due notice, as required by law, the Planning and Development Commission held a public
hearing in consideration of Petition 52-05 on August 15,2005. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Additional public
testimony was presented. The Community Development Group submitted a Map Amendment
Review, dated August 11, 2005.
The Planning and Development Commission has made the following findings concerning the
standards for planned developments:
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
A. Site Characteristic Standard:The suitability of the subject property for the intended zoning
district with respect to its size, shape, significant natural features (including topography,
watercourse and vegetation), and existing improvements.
Findings. The subject property is suitable for the intended zoning district with respect to the
site characteristics standard.
The subject property is an irregularly shaped vacant parcel containing approximately 8.3
acres. There is no vegetation besides a group of trees located towards the center of the
property.The property is relatively flat with a berm located along the southerly portion of the
west property line.
B. Sewer and Water Standard. The suitability of the subject property for the intended zoning
district with respect to the availability of adequate municipal water, wastewater treatment,
and storm water control facilities.
Findings. The subject property is suitable for the proposed planned development with
respect to the sewer and water standard.
The subject property is served with municipal water and sanitary sewer systems. The design
of stormwater management systems is subject to compliance with the provisions of the Kane
County Stormwater Ordinance.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
zoning district with respect to the provision of safe and efficient on-site and off-site vehicular
circulation designed to minimize traffic congestion.
Findings. The subject property is suitable for the intended zoning district with respect to the
traffic and parking standard.
The subject property is located at the southeast corner of North McLean Boulevard and Todd
Farm Drive. North McLean Boulevard is an arterial street serving the west portion of the
city. Todd Farm Drive is a collector street serving industrial and residential neighborhoods
north of Big Timber Road.
Vehicular access to the property will be provided from one point on North McLean
Boulevard and one point on Todd Farm Drive. Parking for this residential subdivision will
be provided in conformance with the requirements of the off-street parking ordinance. The
subdivision requires 140 parking stalls for the 35 townhouse units being proposed. A total of
150 spaces have been provided, of which 140 are provided for the townhouse units and 10
additional stalls for visitor parking within the subdivision.
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
D. Zoning History Standard. The suitability of the subject property for the intended zoning
district with respect to the length of time the property has remained undeveloped or unused in
its current zoning district.
Findings. The subject property is suitable for the intended zoning district with respect to the
length of time the property has remained undeveloped or unused in its current zoning district.
The property was annexed to the City of Elgin in 1966 as part of the Century Oaks Units 6-
10 annexation. The property was zoned B3 Service Business District until 1992,when it was
reclassified to AB Area Business District as a part of the most recent comprehensive
amendment to the zoning ordinance and zoning map.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended zoning district with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency and compatibility with surrounding land use and zoning.
The area located to the north of the subject property is zoned TFR Two Family District and
MFR Multiple Family District, and is improved with residential apartments and two family
residences. The area to the east is zoned PRC Planned Residence Conservation District,and
is improved with multiple family residential apartments.
The area to the west and south is zoned AB Area Business District and is improved with
commercial and retail uses.
F. Trend of Development Standard. The suitability of the subject property for the intended
zoning district with respect to consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings. The subject property is suitable for the intended zoning district with respect to
consistency with an existing pattern of development or an identifiable trend within the area.
The subject property is located between a business district developed with commercial land
uses and a mature residential area.
G. Zoning District Standard. The suitability of the subject property for the intended zoning
district with respect to conformance to the provisions for the purpose and intent, and the
location and size of a zoning district.
The purpose and intent of the provisions of the planned developments is to accommodate
unique development situations, subject to the provisions of Chapter 19.60, Planned
Developments. A PMFR zoning district is most similar to, but departs from the standard
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
requirements of the MFR zoning district.
The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and
facilitate the implementation of the objectives, policies, and strategies of the City of Elgin
Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly,
a property located within the district shall also be subject to the regulations of the underlying
zoning district in which it is located.
In general, the purpose and intent of the provision for planned developments is to
accommodate unique development situations. For planned development districts, the
planned development should demonstrate the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the
types of environment available to the public that would not be possible under the
strict application of the other chapters of this title.
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities.
3. The preservation of significant natural features including topography,watercourses,
wetlands, and vegetation.
Findings. The subject property is suitable for the intended zoning district with respect to
conformance to the provision for the purpose and intent,and the location and size of a PMFR
Planned Multiple Family Residential District.
The proposed map amendment is in substantial conformance with the purpose and intent of
the planned development provisions. This proposal represents a creative approach to the use
of this property resulting in a residential subdivision which will be compatible with the
residential developments to the east. The subject property will be sufficiently landscaped in
order to minimize the effects of the dissimilar land uses to the west and south.
The applicant is requesting a map amendment of the easterly 6.3 acres from AB Area
Business District to PMFR Planned Multiple Family Residential District. The westerly 2
acres are not proposed to be rezoned at this time.
The applicant is proposing to develop the property with 35 townhouse units in 7 buildings
with a density of approximately 1 unit per 5,200 square feet. The townhouse units will have
their front entrances facing Todd Farm Drive and the private drive within the subdivision,
with their garages located at the rear. The building facades are proposed to be constructed
using natural building materials such as brick, along with vinyl siding, with ornamental
features included in the porches and windows.
e.• Departures from Section 19.12.300E, Principal Buildings Per Zoning Lot of the Multiple
Family Residential District ordinance and Section 18.24.020, Street Specifications of the
Subdivision Ordinance are being requested.The applicant proposes to landscape the westerly
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
portion of the subject property in accordance with the transition landscape yard requirements
of the zoning ordinance. A 6 foot high cedar board fence along with screening landscaping
consisting of trees and shrubs is proposed along the portions of the property line adjacent to
the two retail businesses to the west. The areas between the subdivision and the residential
apartment development to the east will also be heavily screened with trees and shrubs.
The detention areas proposed on the site will be naturalized to follow best storm water
management practices.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
zoning district with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended zoning district with respect to the
Comprehensive Plan Standard.
The subject property is designated"highway commercial"by the Comprehensive Plan and
Design Guidelines (2005). Areas designated Highway Commercial typically serve
surrounding neighborhood areas, but also larger trade areas connected by the arterial street
system. They may include all of the commercial uses found in the mixed-use centers. In
el* addition, they typically include highway-serving uses such as fast food restaurants, auto-
oriented uses such as tire stores, service stations, auto parts stores, and other stand alone
retail uses. These commercial areas are generally auto dominated with few pedestrian
amenities.
The area immediately east of the subject property is designated as"High Density Residential
(8.8+d.u./acre)"and provides for a quality multiple family living environment with design
amenities,such as private open space or recreation areas,business services,swimming pools,
etc. Appropriate locations offer development access to local, collector and arterial roads,
access to water and sanitary sewer services, and proximity to public safety services.
Proximity to public parks and open space is encouraged to provide opportunities for
recreation and access to pedestrian and bicycle trail systems. Other uses allowed in this
category may include neighborhood commercial centers,churches,and schools in locations
deemed appropriate by the City.
Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The subject property is suitable for the intended planned development with
respect to the Natural Preservation Standard.
The property is relatively flat with a berm located to the east of the restaurant along the
southerly portion of the subject property. The existing landscaping consists of a group of
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
trees located towards the center of the property.
J. Internal Land Use Standard. The suitability of the subject property for the intended
planned development with respect to the land uses permitted within the development being
located, designed, and operated so as to exercise no undue detrimental influence on each
other or on surrounding property.
Findings. The subject property is suitable for the intended planned development with
respect to the internal land use standard.
The applicant is proposing to develop the subject property with 35 townhouse units on 6.3
acres. The proposed land plan features a townhouse neighborhood consisting of 7 buildings
containing between 4 and 6 units each with a density of approximately one unit per 5,200
square feet of developable land.
The developer is proposing 3.29(39.8%)acres of land to be used as passive open space areas
and stormwater control facilities. The westerly 2 acres of land is designated for future
commercial development. The applicant proposes to fully comply with the site design
requirements of the zoning ordinance.
PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS
A planned development may be granted certain departures from the normal standards,regulations,
requirements, and procedures of the zoning ordinance. For the purposes of this section, the most
similar zoning districts are the AB Area Business District and the MFR Multiple Family Residential
District. No development is currently planned for the area zoned AB Area Business District. The
applicant is requesting the following departures from the standard requirements of the MFR Multiple
Family Residential District:
A. Section 19.12.300E,Principal Buildings per Zoning Lot.In the MFR Multiple Family
Residential District, one principal building per zoning lot is allowed. The proposed
planned development contemplates a total of 7 principal buildings on the zoning lot.
B. Section 19.12.400 D., Setbacks From a Private Street or Driveway. The minimum
building setback from a private street or driveway shall be 20 feet. The applicant is
proposing a 19.5 foot setback from a private drive in several locations.
C. Section 18.24.020, Street Specifications. The Subdivision Ordinance requires that all
private streets within a subdivision shall have a minimum width of 30 feet and a
minimum center line turning radius of 200 feet. The proposed planned development
contemplates a 30 foot wide private street through the development and 23 foot wide
streets providing access to the rear garages (23% departure). The center line turning
radius contemplated for the private street through the development is 61 feet,and 27 feet
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Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
rik
for the streets providing access to the rear garages.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following unresolved
issues and alternatives:
A. Summary of Findings
1. Positive Attributes. The townhouse units will have their front entrances facing Todd
Farm Drive and the private drive within the subdivision,with their garages located at
the rear. The building facades are proposed to be constructed using natural building
materials such as brick,along with vinyl siding,with ornamental features included in
the porches and windows.
The portions of the property line adjacent to the two retail businesses to the west will
be screened with a 6 foot solid fence and landscaping. The areas between the
subdivision and the residential apartment development to the east will also be heavily
screened with trees and shrubs. The detention areas proposed on the site will be
naturalized to follow best storm water management practices
2. Comprehensive Plan Standard. The development of the property with Multiple
Family Residential units is an appropriate use of the property. The area immediately
east of the subject property is designated as "High Density Residential (8.8+
d.u./acre). The development will provide for a quality multiple family living
environment with design amenities, such as private open space or recreation areas,
business services, swimming pools, etc.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
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. Findings of Fact Planning and Development Commission
Petition 52-05 September 6, 2005
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition 52-05.
On a motion to recommend approval, subject to the following conditions, the vote was six (6) yes
and zero (0)no:
1. Substantial conformance to the Statement of Purpose submitted by The Circle Land
Company dated March 18, 2005.
2. Substantial conformance to the Tyler Creek P.U.D. Preliminary Engineering Plan,
prepared by Haeger Engineering, pages 1 through 5, dated March 18, 2005,
consisting of a Preliminary Plat, Site Plan, and Preliminary Engineering Plan.
Revisions thereto shall be provided a required by the Engineering Division,the Fire
Marshall, and the Community Development Group.
3. Substantial conformance to the building elevations submitted by The Circle Land
Company dated March 17, 2005.
4. Landscaping shall be installed in substantial conformance with the Landscape Plan
prepared by Pugsley&Lahaie,Ltd.,dated March 18,2005 and revised July 15,2005.
5. All dwelling units within the subdivision shall be owner occupied and the
"Declaration of Easements,Restrictions and Covenants for the Woods at Elgin"shall
be amended to restrict occupancy of the units to owners of record.
6. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 52-05 was adopted.
John Hurlbut, Chairman
Planning and Development Commission
Tom Armstrong, Secretary
Planning and Development Commission
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