07-158Resolution No. 07 -158
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Henrikson and Ledebuhr Parcel -3301 Route 20)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto
and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon
certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that
it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized
and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached
hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided by
law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2007
Adopted: June 27, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
sl Diane Robertson
Diane Robertson, City Clerk
RES FWA
6/1/07
ANNEXATION AGREEMENT
(Henrikson and Ledebuhr Parcel)
THIS AGREEMENT made and entered into this I ay of J %'k 1) U 1 2007, by
and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and
Kane, in the State of Illinois (hereinafter referred to as the "City"), and Ben Henrikson and
Mark A. Ledebuhr, (hereinafter collectively referred alternatively as the "Owner" or
"Developer ").
WHEREAS, Owner is the owner of record of the real property described in Exhibit "A ",
which is attached hereto and made a part hereof (which real property, for convenience, is
hereafter referred to as the "Subject Property") and which real estate is not within the corporate
limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and
WHEREAS, Owner desires to annex the Subject Property to the City upon terms and
conditions recited in this agreement; and
WHEREAS, Owner, after full consideration, recognizes the many advantages and
benefits resulting from the annexation of the Subject Property to the City; and
WHEREAS, the Subject Property constitutes territory which is contiguous to and may
be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILCS
5/7 -1 -1 et seq.); and
WHEREAS, the Subject Property is located within the Pingree Grove and Countryside
Fire Protection District, and whereas each of the Trustees of said District was notified in writing
by certified or registered mail at least ten (10) days in advance of any action taken with respect
to the annexation of the Subject Property, and whereas an affidavit that service of the said notice
had been provided has been filed with the County Recorder; and
WHEREAS, the Mayor and City Council of the City (Corporate Authorities) have duly
set a date, time and place for a public hearing on this Annexation Agreement, and have caused
due notice to be made of said public hearing through publication in the Daily Courier News, a
newspaper of general circulation in the community, and the City has held such public hearing;
and
WHEREAS, the Corporate Authorities of the City, after due and careful consideration,
have concluded that the annexation of the Subject Property to the City on the terms and
conditions hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and ordinance public hearings
were held by the Planning and Development Commission of the City on the requested zoning of
EXHIBIT
A
the Subject Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. This Agreement is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5111- 15.1.1 et seq.), and in the exercise of
the home rule power of the City.
2. The Corporate Authorities, within 30 days following: (a) the execution of this
Agreement, (b) the receipt of a current title report verifying the owner of record of the Subject
Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form and
substance as required by law, (d) the receipt of a certified copy of the ordinance annexing the
Subject Property to the Fox River Water Reclamation District ( "FRWRD "), and (e) the receipt
by the City of Owner's payment of the disconnection fee to the Pingree Grove and Countryside
Fire Protection District referred to in Section 33 hereof, shall pass an ordinance annexing the
Subject Property to the City. By mutual agreement of the City and Owner, said annexation may
be in one or more phases. The Annexation Plat(s) for the subject ordinance(s) shall be in the
form of Exhibit B attached hereto and made a part hereof.
3. A. Immediately after the passage of the ordinance(s) annexing the Subject
Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt an
ordinance zoning the property in the PAB Planned Area Business District in the form attached
hereto in Exhibit C.
B. Except as otherwise provided for in this agreement no changes or amendments in
the zoning ordinance of the City which shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless applicable to all comparable
areas of the City.
C. Prior to the development of the Subject Property the Owner of the Subject
Property shall be required to submit a development plan to the City for a public hearing and city
council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the
Elgin Municipal Code, 1976, as amended. Additionally, and notwithstanding anything to the
contrary in this Agreement, it is agreed and understood that the Subject Property will also be
located within the ARC Arterial Road Corridor Overlay District and shall be subject to all
requirements and limitations of such ARC Arterial Road Corridor Overlay District.
D. Developer shall be allowed to seek final approval for the subdivision of portions
of the Subject Property and shall not be required to submit a final plat thereof as a single unit,
but may submit for approval in accordance with applicable ordinances of the City such plats for
phased development of the Subject Property as the Developer may determine, and as the City
may approve. The City shall approve final plats of a planned development, subdivision or
resubdivision as submitted if such plat or plats are consistent with (i) applicable ordinances, (ii)
sound engineering practices and (iii) the terms and conditions of this Agreement.
E. Developer shall be responsible at its cost for the construction and installation of
those off -site and on -site public improvements and utilities consisting of storm sewers, sanitary
sewers, water mains, streets and appurtenant structures as are needed to adequately service the
Subject Property in accordance with applicable City ordinances and requirements. Except as
otherwise specifically provided herein, public improvements shall be required only for those
areas which are included in each final plat or plats of planned unit development, subdivision, or
resubdivision except for such off -site public improvements, including but not limited to water
main loops, sanitary sewer facilities, and storm water management facilities as the City may
reasonably require based upon generally accepted engineering standards. Adequate security as
provided by law shall also be furnished by Developer for any such improvements. Developer
shall dedicate to the City, and, the City shall accept, all municipal utility easements, including
water, sanitary sewer, and storm sewer easements to detention/retention facilities, if any,
included in each phase of the project and shall also grant easements to applicable utility
companies for gas, electric, telephone, and cable television; all of such easements and facilities
shall be consistent with the City ordinances and practices regulating condition, placement, use
and size of easements.
4. Owner represents that off -site utility easements required to service the Subject
Property are described on Exhibit D. The City agrees that in the event Owner is unable to obtain
said utility easements over, under, across, or through property not owned by the City or under
the City's control which may be necessary or appropriate for the development of the Subject
Property at a cost and on conditions acceptable to Owner; the City shall use, to the full extent
permitted by law, its eminent domain power to secure all easements. Prior to commencing any
condemnation action, Owner shall submit, for City review and approval written documentation
demonstrating that Owner has pursued reasonable alternatives for the acquisition of such
easements, and Owner shall deposit with City the amount of funds necessary to pursue eminent
domain action. All such actions and acquisitions by the City shall be at no cost to the City,
which costs shall be home solely by the Owner. The City shall issue no building permits until
the required utility easements have been secured and recorded.
5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17 --
Development Impact Fees, as amended, and pay the fees when due as required therein. Owner
and Developer shall also comply with City of Elgin Ordinance No. G3 -02, as amended, and shall
pay to the City the public safety building capital improvement contribution as required therein.
Owner /Developer hereby represent and agree that they are paying the fees and contributions to
the City provided for in this paragraph and this Agreement as an inducement to the City to annex
the Subject Property. Owner /Developer further agree that the contemplated fees and cash
contributions to the City for the improvements or undertakings which may ultimately be
constructed or performed by the City with such fees and cash contributions are acknowledged
and agreed to be specifically and uniquely attributable to the future development of the Subject
Property and the public improvements or undertakings contemplated by such fees and cash
contributions will not otherwise be anticipated by the City absent the annexation of the Subject
Property. Owner and Developer on behalf of themselves and their successors, assigns and the
grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of
the fees and contributions provided for in this paragraph and in this Agreement, as same may be
amended by the City, and do further hereby agree and do waive any and all rights to any and all
legal or other challenges or defenses to the fees and contributions provided for in this paragraph
and in this Agreement and hereby agree and covenant on behalf of themselves and their
successors, assigns and grantees of their properties not to sue the City or maintain any legal
action or other defense against the City with respect to such fees and contributions.
B. The calculation of the City's impact fees and contributions under current City
ordinances and policies is attached hereto as Exhibit E. Notwithstanding anything to the
contrary in this Agreement, it is agreed and understood that the Subject Property and the Owner
and Developer and their successors and assigns shall be subject to and shall be required to pay
any and all new and/or increased fees and /or other contributions adopted by the City. Owner and
Developer on behalf of themselves and their successors, assigns and the grantees of their
properties, hereby acknowledge the propriety, necessity and the legality of any such new and/or
increased fees or other contributions and do further hereby agree and do waive any and all rights
to any and all legal or other challenges or defenses to any such new and/or increased fees and/or
contributions and hereby agree and covenant on behalf of themselves and their successors,
assigns and grantees of their properties not to sue the City or maintain any legal action or other
defense against the City with respect to any such new and/or increased fees and/or contributions.
Notwithstanding anything to the contrary in this Agreement, it is further agreed and understood
that in no event and under no circumstances shall the Owner and/or Developer and /or their
successors and assigns pay fees and /or other contributions less than the amounts in effect as of
the entry into this Agreement. Nothing herein prevents the Developer from prepaying any
impact fees in order to avoid subsequent impact fee increases.
6. Owner and Developer agree that, except as otherwise specifically set forth below
in this Agreement, the Subject Property shall be developed in conformance with any applicable
open space policies included in the City of Elgin Comprehensive Plan, dated 2005, as amended,
and is incorporated herein by reference.
7. Owner and Developer shall cause all portions of Subject Property depicted on a
Preliminary Plat as wetlands, screening berms and entry ponds, common open space area, storm
water retention areas, and dry detention areas either to be retained by Owner or to be conveyed
to a Property Owners Association or associations consisting of the owners of all property located
in areas designated by Owner; unless said areas are to be dedicated for public ownership and
maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions and
Restrictions requiring that the Association or associations own and maintain areas conveyed
thereto shall be submitted to the City's Corporation Counsel for review and approval prior to
final plat approval, said Declaration to be filed for recording, at Owner's expense, with the final
plat of the applicable phase of Subject Property as Owner may determine.
8. Except as specifically permitted pursuant to variation or planned development
approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of
the Subject Property and construction and installation of improvements thereon, both on -site and
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off -site, shall comply fully with all applicable City ordinances and codes.
9. If during the term of this Agreement and after final plat or planned development
approval, any existing, amended, modified or new ordinances, codes or regulations of general
applicability throughout the community to a land developer or subdivider affecting the
installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters)
upon the Subject Property are amended or modified in any manner to impose additional
requirements on the installation of land improvements within the City, the burden of such
additional requirements shall not apply to the Subject Property. This paragraph shall not apply
to any changes and/or increases in fees and /or contributions imposed by the City.
10. If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory ordinances regarding the public
health, safety and welfare are amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon, properties within the City, then the
benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to
the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the
development of, or construction upon, the Subject Property upon the less restrictive amendment
or modification applicable generally to all properties within City.
11. City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of
the City, at Owner's expense, subject to payments required under any recapture and /or
reimbursement ordinances heretofore or hereinafter adopted by the City, and with payment of all
applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all
necessary Illinois Environmental Protection Agency (IEPA) permits required for such sanitary
sewer systems and tie -ins. Owner shall bear all costs for extensions, tie -ins, and permits
consistent with applicable City ordinances. Owner shall be responsible for the extension of
sewer lines to the far edges of the Subject Property subject to review and approval by the City
Engineer. Owner shall install sewer line extension improvements on the Subject Property in
compliance with the Final Engineering Plan approved by the City Engineer for each phase of the
development. Notwithstanding anything to the contrary in this Agreement, the design, plan
review, construction, construction inspection and construction administration for any interceptor
sanitary sewer(s) to be constructed in conjunction with the development of the Subject Property,
whether offsite or onsite, shall also be in compliance with the Far West Interceptor Sewers
Policy for inspections and construction, dated April 30, 2003.
12. City hereby agrees to allow Owner to tie into the existing water lines of the City,
at Owner's expense, subject to payments required under any recapture and/or reimbursement
ordinances heretofore or hereinafter adopted by the City, and with the payment of applicable
fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary
Illinois Environmental Protection Agency (IEPA) permits required for such water main
extensions and tie -ins. Owner shall bear all costs for extensions, tie -ins and permits consistent
with applicable City ordinances. Owner shall be responsible for the extension of water mains to
the far edges of the Subject Property subject to review and approval by the City Engineer.
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Owner shall install water line extension improvements on the Subject Property in compliance
with the Final Engineering Plans approved by the City Engineer for each phase of the
development.
13. Upon review and recommendation by the City Engineer, the City Council shall
accept all public rights -of -way and improvements located thereon, sanitary sewers, storm
drainage sewers and water mains lying within public rights -of -way or public easements on the
Subject Property. Any improvements located in private rights -of -way shall be installed in
easements dedicated for and acceptable to the City. The sewer and water service lines (from the
buffalo box to the residential or commercial unit, as the case may be) shall not be owned or
maintained by the city. Owner shall replace or repair damage to public improvements installed
within, under or upon the Subject Property resulting from construction activities by Owner and
its employees, agents, contractors and subcontractors prior to final acceptance by the City, but
shall not be deemed hereby to have released any such other part from liability or obligations in
this regard. Acceptance of public improvements by the City shall be consistent with applicable
City ordinances.
14. Owner and Developer shall comply with City of Elgin Ordinance No. G20 -03, as
amended, establishing a policy for the Far West Area for Development Contributions for
Roadways and shall pay such contributions to the City when due as required therein. Owner and
Developer hereby represent and agree that they are contributing such roadway improvement
contributions to the City as an inducement to the City to annex the Subject Property. Owner and
Developer further agree that the contemplated cash contributions to the City for roadways and
the road improvements which may ultimately be constructed by the City with such cash
contributions are acknowledged and agreed to be specifically and uniquely attributable to the
future development of the Subject Property and the public improvements contemplated by such
cash contributions would not otherwise be anticipated by the City absent the annexation of the
Subject Property. Owner and Developer on behalf of themselves and their successors, assigns
and the grantees of their properties, further hereby acknowledge the propriety, necessity, and
legality of the roadway improvement contributions as provided for herein, as same may be
amended by the City, and do hereby further agree and do waive any and all rights to any and all
legal or other challenges or defenses to such roadway contribution and hereby agree and
covenant on behalf of themselves and their successors, assigns and the grantees of their
properties, not to sue the City or maintain any legal action or defense against the City with
respect to such roadway contributions. Said roadway contributions shall be paid on a per unit
basis (per building) concurrent with the issuance of a building permit.
15. All structures to be constructed on the Subject Property shall be designed,
constructed and maintained in conformance with the requirements of the planned development
ordinance(s) enumerated in paragraph 3 hereof, as amended. The Declaration of Covenants,
Conditions and Restrictions referred to in Paragraph 7 hereof shall include and incorporate the
design and construction requirements of the planned development ordinances. The Declaration
or Declarations of Covenants, Conditions and Restrictions shall also include provisions that any
proposed amendments to the provisions relating to the design, construction and /or maintenance
of structures on the Subject Property shall require the advanced approval of the City of Elgin and
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that the provisions relating to the design, construction and/or maintenance of structures on the
Subject Property shall also be enforceable by the City of Elgin.
16. This Agreement shall be enforceable in any court of competent jurisdiction by
any of the parties or by an appropriate action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, or anything else to the contrary in
this agreement, no action shall be commenced by the Owner and/or Developer, or any of their
successors, assigns, and/or the grantees of their properties, against the City, its officials, officers,
employees, agents, attorneys or any other related entity of person, for monetary damages.
17. This Annexation Agreement shall be in effect for a period of twenty (20) years
from the date of execution hereof and shall be binding upon and inure to the benefit of the
parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property.
18. Owner shall be responsible for costs associated with filing and recording of the
plat of annexation and any plat or plats of subdivision or planned development for the Subject
Property.
19. If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the City does not have the power to
perform any such provisions, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or
decree shall relieve the City from performance under such invalid provision of this Agreement.
20. This Agreement can be amended, in writing, at any time, by the mutual consent of
all parties to this Agreement, in the manner provided by law.
21. After the annexation of the Subject Property to the City, it is agreed that the City
shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS
200/27 -5, et seq., as amended, to provide the City with the source of revenue for maintaining,
repairing, reconstructing or replacing the stormwater drainage system, detention and retention
areas, special management areas or other improvements located on the Common Area of the
Subject Property should the Owner or the property owners association owning the land on which
such facilities or improvement are located fail to perform maintenance, repair, reconstruction or
replacement in accordance with City ordinances or other applicable requirements of law. The
Owner and any of the Owner's successors in interest agree to and do hereby waive any and all
protests, objections and /or rights to petition for disconnection regarding such Special Service
Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating
a revenue source to the City for the referenced maintenance, repairs, reconstruction or
replacement and are not intended and shall not be construed to create an obligation of the City to
provide for such maintenance, repairs, reconstruction or replacement.
22. INTENTIONALLY OMITTED.
23. Whenever consent or approval of the City is required in order for Developer to
accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld,
conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in
writing and shall specify the reason or reasons for such denial.
24. Except as may be required pursuant to the Kane County stormwater management
ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of
the Subject Property without setting forth the alleged violations in writing, and Developer shall
forthwith proceed to correct such violations as may exist.
25. The City agrees to issue, within a reasonable time after initial submission, review,
and approval of building construction plans, and the payment of required building permit fees
and all other applicable fees, all necessary building and other permits for the construction of any
and all improvements on the Subject Property or issue a letter of denial within said period of
time informing Developer and the applicant as to wherein the application does not conform to
the stated section of the Code. The issuance of a building permit, in and of itself, shall not be
construed as a guarantee that a Certificate of Occupancy shall be issued, it being the intention of
the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of
Paragraph 26 hereof.
26. The City agrees to issue Certificates of Occupancy within a reasonable time
(which, in any event, shall not exceed 10 business days) after application or to issue a letter of
denial within said period of time informing Developer and the individual or entity to whom the
building permit was issued specifically as to those corrections necessary as a condition to the
issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the
City in its request for correction. The City agrees that Certificates of Occupancy (temporary or
permanent, as the case may be) shall be issued upon (a) proper application of the appropriate
party, (b) compliance with all applicable building codes, zoning ordinance requirements and
other applicable requirements of law, and (c) receipt and approval by the City of a performance
bond (or a suitable alternative such as an irrevocable letter of credit or a cash deposit) covering
one hundred twenty -five (125 %) percent of the cost of any incomplete site work. The City shall
allow one master bond at a mutually agreed upon amount to cover any incomplete work for
multiple numbers of dwelling units, which amount shall be increased in the event the City
determines that the amount of the bond is insufficient.
27. A. It is understood that prior to the construction of any streets or any other public
improvements, Developer shall submit the required plans, final plat, specifications and
engineer's estimate of probable cost, for approval by the City Engineer, as provided herein, after
which and upon providing the required surety bond, the Developer may proceed to construct said
streets and other public improvements. Upon installation of the asphalt base course and upon
completion of other portions of the improvements, the security shall be reduced to an amount
which, in the opinion of the City Engineer, is sufficient to ensure completion of the work yet to
be performed.
B. The acceptance of public improvements by the City shall (i) be accomplished
within a reasonable time after notice of completion by Developer and full compliance with
applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond
acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the
passage of a resolution by the City Council of the City after filing with the City Clerk of a
certificate by the City Engineer certifying that all such improvements have been completed and
the construction or installation thereof has been approved by him. If appropriate under the
circumstances, such acceptance shall be in phases, as such phases are complete.
C. From and after the acceptance of any public improvements by the City, such
public improvements shall be maintained, reconstructed, repaired, and replaced by the City and
all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such
public improvements shall be the sole responsibility of the City. Warranty period bonding or a
suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in
accordance with ordinances of the City.
D. It shall be a condition to the City's obligation to accept dedication of any public
improvement that the dedication of such improvement be accompanied by the grant of
appropriate easements to permit the City to carry out its responsibilities with respect to such
improvements.
28. The parties hereto agree that there has been taken all action required by law,
including the holding of such hearings as may be required, to bring about the amendments to the
Zoning Ordinance of the City and other related ordinance amendments as may be necessary or
proper in order to zone and classify the Subject Property so as to enable the same to be used and
developed as contemplated herein and to enable the parties to execute this Agreement and fully
cant' out the covenants, agreements, duties, and obligations created and imposed by the terms
and conditions hereof.
29. A. Notwithstanding anything to the contrary in this Agreement, and in addition to
any other fees, contributions and other recaptures and/or reimbursements due or which may
become due from the Owner and/or Developer, Owner and Developer hereby consent and agree
on behalf of themselves, and each of their respective successors, assigns and grantees of the
Subject Property to pay the recapture and /or reimbursement for the costs of a portion of any off -
site public improvements constructed by the City and/or others, including, but not limited to,
storm sewers, sanitary sewers, lift stations, water mains, and /or streets, and appurtenant
structures, pursuant to any recapture and /or reimbursement ordinance(s) heretofore or hereinafter
adopted by the City and in such amounts as determined by the City.
B. Notwithstanding anything to the contrary in this agreement, and in addition to any
other fees, contributions and other recaptures and/or reimbursements due or which may become
due from the Owner and /or the Developer, Owner and Developer hereby consent and agree on
behalf of themselves, and each of their respective successors, assigns and grantees of the Subject
Property to pay the reimbursement for the cost of a portion of the Otter Creek Interceptor sewer
and water mains as set forth in City of Elgin Ordinance No. T26 -05. Payment shall be made
prior to the recording of the final plat of subdivision for each phase within the Subject Property
and shall be calculated based on the number of dwelling units or acres in the subject final plat of
subdivision, all as set forth in Ordinance No. T26 -05.
C. Notwithstanding anything to the contrary in this agreement, and in addition to
other fees, contributions and other recaptures and /or reimbursements due or which may become
due from the Owner and/or the Developer, Owner and Developer hereby consent and agree on
behalf of themselves, and each of their respective successors, assigns, and grantees of the
Subject Property that the Subject Property shall be subject to and that all of the owners of any
portion of the Subject Property with sanitary sewer and/or water service shall pay to the City of
Elgin a monthly surcharge and additional fee on sewer charges and rates and water charges and
rates otherwise charged for the City of Elgin as set forth in City of Elgin Ordinance No. T36 -06,
as amended.
D. Owner and Developer on behalf of themselves and their successors, assigns and
the grantees of their properties, hereby acknowledge the propriety, necessity and the legality of
the recaptures and /or reimbursements referred to in this paragraph in this Agreement, heretofore
or as may be hereinafter by the City adopted by the City, and do hereby further agree and do
waive any and all rights to any and all legal or other challenges or defenses to such recaptures
and/or reimbursements and covenant on behalf of themselves and their successors, assigns and
the grantees of their properties, not to sue the City and/or any other person or entity or maintain
any legal action or defense against the City and/or any other person or entity with respect to any
such recaptures and /or reimbursements.
30. A. Prior to the commencement of the construction and final plat approval for
each unit, the Developer shall submit to the City Zoning Administrator a plan showing the
location of all proposed temporary construction and sales trailers /offices, including parking
areas, fencing, signage and landscape treatment. Said plan shall also indicate the one general
location of where all construction and material storage trailers other than the trailers for the sales
office shall be located. The Developer shall be permitted one (1) construction trailer and one (1)
material storage trailers. The Developer shall have the right to use the construction and material
storage trailers for the purpose of its construction and sales activities until construction is
completed on the Subject Property. The Developer shall keep such area free of debris and
rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect
such area from time to time to determine that Developer is in compliance with its obligations
hereunder.
B. Construction of temporary facilities shall be in compliance with the provisions of
the City's building code, except that sewer and water need not be connected to the temporary
facilities. Paved drives and parking areas (weather permitting) shall be provided to
accommodate vehicular access to all temporary sales trailers /office facilities. The Developer
agrees to hold the City harmless for any liability associated with the installation and operation of
any temporary facilities.
31. INTENTIONALLY OMITTED.
32. INTENTIONALLY OMITTED.
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33. Notwithstanding anything to the contrary in this Agreement, not more than thirty
(30) days following the entry into this Agreement and prior to the annexation of the Subject
Property and prior to any building permits or other development approvals being issued for the
Subject Property, Owner and Developer agree to and shall pay to the Pingree Grove and
Countryside Fire Protection District a disconnection fee in the amount of $225 per acre for the
Subject Property. The total acreage for such per acre disconnection fee shall be the total acreage
of the Subject Property to be annexed including, but not limited to, any adjacent right -of -way
areas to be annexed, all as determined by the City. Owner and Developer shall pay such
disconnection fee by tendering a check payable to the Pingree Grove and Countryside Fire
Protection District to the City of Elgin. Such disconnection fee shall be in lieu of the
disconnection fee otherwise provided for pursuant to 70 ILCS 705/20(e). Owner and Developer
on behalf of themselves and their successors, assigns and grantees of their property hereby
acknowledge the propriety, necessity, and legality of such disconnection fee and do further
hereby agree and do waive any and all rights to any and all legal or other challenges or defenses
to such disconnection fee provided for in this section and hereby agree and covenant on behalf of
themselves and their successors, assigns and grantees of their properties not to sue the City or
maintain any legal action or other defense against the City with respect to such fee.
34. This Agreement is and shall be deemed and construed to be the joint and
collective work product of the City and Developer and, as such, this Agreement shall not be
construed against any party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in
terms or provisions, if any, contained herein.
35. Notwithstanding anything to the contrary contained in Paragraph 16 of the
Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the
event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement, at law or in equity by suit,
action, mandamus, or any other proceeding, including specific performance;
(b) maintain an action to recover any sums which the other party has agreed to pay
pursuant to this Agreement and which have become due and remain unpaid for
more than 15 days following written notice of such delinquency.
It is expressly acknowledged and agreed that except as provided in subparagraph (b)
above, neither party shall have the right to seek or recover a judgment for monetary damage
against the other or their respective officers, directors, employees, agents or elected public
officials.
36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal
Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the
provisions of this Agreement shall not be applicable, and as to all such provisions the City
hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the
Constitution of the State of Illinois. Simultaneously with the annexation of the Subject Property
11
and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt
such ordinances as may be necessary to effectuate the use of its home rule powers. The City
recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property
to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon
the express reliance by Developer that the terms and provisions of this Agreement shall be valid
for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in
any way be contrary to, or inconsistent with, the terms and provisions of this Agreement.
37. The provisions contained herein shall survive the annexation of the Subject
Property and shall not be merged or expunged by the annexation of the Subject Property or any
part thereof to the City. This Agreement shall be construed under the laws of the State of
Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth
Judicial Circuit, Kane County, Illinois.
38. Except as otherwise provided herein, it is understood and agreed by the parties
hereto that, in the event all or any portion of the Subject Property is sold or conveyed to a
different developer at any time during the terms of this Agreement, all of the obligations and
responsibilities of the Developer deriving from this Agreement for the parcel sold or otherwise
conveyed to a different developer shall devolve upon and be assumed by such developer, and the
Developer as herein defined shall be released from all obligations of the Developer which relate
to the sold portion of the Subject Property upon same being sold or conveyed.
39. Notices or other writings which any party is required or may wish to serve upon
any other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by
a nationally recognized overnight courier, prepaid, addressed as follows:
If to the City or to the Corporate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner /Developer:
Ben Henrikson and Mark A. Ledebuhr
400 South Randall Road, Suite G
Elgin, Illinois 60123
12
With a copy to: Richard L. Heimberg, Esq.
Brady & Jensen, LLP
2425 Royal Boulevard
Elgin, Illinois 60123
40. If the Subject Property, or portions thereof, are currently used for residential use
and/or the planting, harvesting, housing, storage and selling of soil grown crops then the Subject
Property or the portions thereof used for such purposes may continue to be used from time to
time for the planting, harvesting, housing, storage and selling of soil crops grown on the Subject
Property as lawful nonconforming uses until such time as another use allowed under the City of
Elgin Zoning Ordinance is established or until it is under development as provided herein.
41. It is agreed that time is of the essence of this Agreement and each and every term
and condition hereof and that the parties shall make every reasonable effort to expedite the
matters included herein.
42. The City and Developer agree to take all steps necessary or appropriate to carry
out the terms of this Agreement and to aid and assist the other party, including enactment of such
resolutions and ordinances and the taking of such other actions as may be necessary or desirable
to enable the parties to comply with and give effect to the terms of this Agreement.
43. This Agreement shall insure to the benefit of, and be binding upon, the parties
hereto, the successors in title of the Owner and Developer, and each of them, their respective
successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City
and successor municipalities.
44. This Agreement may be executed in any number of counterparts and duplicate
originals, each of which shall be deemed an original, but all of which shall constitute one and the
same instruments.
45. This Agreement constitutes a covenant running with the land composing the
Subject Property, binding upon the parties hereto, the successors in title of the Owner and
Developer and each of them, all grantees, successors, and assigns of the respective parties
hereto, including successor corporate authorities and successor municipalities of the City. The
City may record a memorandum of annexation agreement placing of record the terms, provisions
and obligations of this Agreement.
46. In the event any phrase, paragraph, article or portion of this Agreement is found
to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that
portion shall not affect the validity, legality or enforceability of the remaining portions of this
Agreement.
47. The Owner and /or Developer and any of the Owner and/or Developer's
successors in interest shall not file, cause to be filed, or take any action that would result in the
disconnection or deannexation of the Subject Property from the City of Elgin during the term of
13
this Agreement. Without limiting the foregoing, the Owner and Developer on behalf of
themselves and any of their grantees and successors in interest hereby waive any and all rights,
statutory or otherwise, to disconnect the Subject Property from the City of Elgin.
48. It is agreed that in the event the Owner and /or Developer and /or any of the Owner
and/or Developer's grantees and successors in interest, propose to amend the PAB Planned Area
Business zoning ordinance referred to in Paragraph 3 of this Agreement, above, then any such
proposed rezoning or amendment to such zoning ordinances shall require the amendment of this
Agreement upon the terms and conditions which are acceptable to the City, in the City's sole
discretion. However, with respect to the requirement of the Owner's signature only the written
approval of the legal titleholder of the interest in the property affected by the amendment shall
be required to effect the initiation of a proposed amendment to this Agreement.
49. It is agreed and understood that the City may adopt and ordinance prohibiting
parking on any public streets to be constructed on the Subject Property each day from 2:00 a.m.
to 6:00 p.m. In the event the City so elects to adopt such an ordinance so restricting parking on
public streets on the Subject Property, the Owner and/or Developer at its costs shall provide for
and install signage regarding such parking prohibition throughout the Subject Property as
directed by the City Engineer.
50. Owner and Developer shall reimburse the City for the City's costs for the
maintenance of any township roads to be annexed pursuant to this Agreement until
improvements thereto have been completed by the Owner and Developer. Owner and Developer
shall reimburse to the City such maintenance costs within thirty (30) days of a receipt from the
City of any invoices for same. In the event the Owner and Developer fail to timely pay such
reimbursements to the City the City shall withhold any further development approvals for the
Subject Property until such time as such reimbursements are paid to the City. Owner and
Developer shall also provide at their cost for improvements to any township roads to be annexed
pursuant to this Agreement with such improvements to consist of the reconstruction of the
existing cross - section for the entire length of the township roads to be annexed pursuant to this
Agreement and appropriately dimensioned right and left turn lanes at all intersections within
such length of road(s) and at all entrances from such roads to the Subject Property. Such
improvements shall be constructed in accordance with final engineering plans therefor as
approved by the City Engineer. Owner and Developer shall commence such improvements to
the township roads as part of the first phase of the development of the Subject Property and shall
complete such improvements to the township roads prior to the issuance of any occupancy
permits for the Subject Property.
51. Notwithstanding anything to the contrary in this Agreement, and in addition to
other requirements imposed by the City, in the event the Subject Property is adjacent to or abuts
any Kane County highway, Owner and Developer agree as follows:
A. In the event the development of the Subject Property provides for any new means
of access from the Subject Property to any abutting Kane County highway or proposes to enlarge
or extend any existing means of access from the Subject Property to an abutting Kane County
14
highway, that such access shall be in accordance with Kane County access and permit
regulations which may include access design standards and criteria such as right of way
requirements, easement requirements, site (internal) traffic circulation, turn lanes, traffic control
and stormwater detention.
B. Improvements to the adjacent Kane County highway (including, but not limited
to, channelization, signalization, signal interconnects and lighting improvements)
required /warranted by the development of the Subject Property shall be at the sole cost of the
Owner and/or Developer. Permit and design requirements for the improvements to the adjacent
Kane County highway shall be determined by and subject to the review and approval of the Kane
County Engineer in accordance with Kane County Division of Transportation Permit
Regulations and Access Control Regulations.
C. Owner and Developer shall dedicate and convey, at no cost to the City or Kane
County, additional right of way for the Kane County Highway right of way adjacent to the
Subject Property as listed within the Access Permit Section and Roadway Functional
Classifications in the Kane County Division of Transportation Permit Regulations.
D. Notwithstanding anything to the contrary in this paragraph 51 or in this
Agreement, nothing is intended nor shall be construed to authorize Kane County to exercise any
zoning, subdivision or other land use authority conferred by law upon the City and nothing in
this paragraph 51 is intended or shall be construed to mandate any action by the Owner and /or
Developer which is not permitted by law.
52. Notwithstanding anything to the contrary in this Agreement, and in addition to
other requirements imposed by the City, in the event the Subject Property is adjacent to or abuts
any State of Illinois highway, route or right of way (a "State Highway ") Owner and Developer
agree as follows:
A. In the event the development of the Subject Property provides for any new means
of access from a Subject Property to any abutting State of Illinois Highway or proposes to
enlarge or extend any existing means of access from the Subject Property to an abutting State of
Illinois Highway, or otherwise requires an access permit from the State of Illinois or the Illinois
Department of Transportation for a State of Illinois Highway, Owner and Developer agree that
Owner and Developer shall be solely responsible at their cost for applying for and obtaining
from the State of Illinois and/or the Illinois Department of Transportation any and all permits
necessary authorizing access from the Subject Property to such a State of Illinois Highway.
B. Owner and Developer shall also be responsible for the dedication of any
additional right of way at no cost to the State of Illinois and /or the City and for the design and
construction at their cost for any improvements necessary or required to obtain access from the
Subject Property to the adjacent or abutting State of Illinois Highway including, but not limited
to, any widening, additional lanes and/or signalization.
C. Notwithstanding anything to the contrary in this agreement, and in addition to
15
other requirements imposed by the City, Owner and Developer shall also dedicate to the City at
no cost to the State of Illinois and /or the City such additional right of way for Route 20
consisting of a 60 foot dedication from the existing centerline of Route 20 into the Subject
Property. Owner and Developer shall provide the City the plat of dedication for such 60 foot
wide dedication for Route 20 in a form as approved by the City Engineer prior to the annexation
of the Subject Property.
53. Owner and Developer shall provide to the City upon request of the City a written
status report regarding the development of the Subject Property with information therein as
requested by the City which may, include among other matters, the current status of sale
activities with respect to the subject development of the Subject Property.
54. To the fullest extent permitted by law, Owner and Developer agree to and shall
indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys,
agents, boards and commissions from and against any and all third party claims, suits,
judgments, costs, attorney's fees, expert witness fees and expenses, damages or other relief, in
any way resulting from or arising out of or alleged to be resulting from or arising out of the
existence of this Agreement, the provisions of this Agreement, the performance of this
Agreement, the annexation of the Subject Property, the zoning of the Subject Property, the
development approvals provided for in this Agreement and/or any other actions of the parties
hereto provided for or arising from this Agreement. In the event of any action against the City,
its officials, officers, employees, agents, attorneys, boards or commissions covered by the
foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by
legal counsel of the City's choosing the cost of which shall be paid for by the Owner and
Developer. Additionally, in the event of such third party action the Owner and Developer agree
to the extent permitted by law upon the written request from the City to attempt to intervene in
such proceedings and at Owner and Developer's expense to join the City in the defense thereof.
55. Owner and Developer on behalf of themselves and their respective successors,
assigns and grantees of their properties, hereby acknowledge the propriety, necessity and legality
of all of the terms and provisions of this Agreement, including but not limited to, the zoning
ordinances referred to in this Agreement and the various fees, contributions, recaptures,
reimbursements, dedications and/or improvements provided for, referred to or contemplated in
this Agreement, and do further hereby agree and do waive any and all rights to any and all legal
or other challenges or defenses to any of the terms and provisions of this Agreement and hereby
agree and covenant on behalf of themselves and their successors, assigns and grantees of their
properties not to sue the City or maintain any legal action or other defenses against the City with
respect to any challenges of the terms and provisions of this Agreement.
56. The City shall provide reasonable cooperation at no cost to the City in making
temporary access available to the Subject Property for traffic used in the development and
construction of public improvements and buildings on the Subject Property, including the
issuance of temporary curb cuts from roads within the jurisdiction of the City and the issuance
for permits for haul roads and construction roads, as well as reasonably assisting at no cost to the
City in the obtaining of temporary curb cuts from roads within the jurisdiction of other
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governmental bodies or agencies.
57. This Agreement may be amended from time to time in the manner provided by
law by written document executed by the City and Owner, or their respective successors or
assigns, following all other procedures required by law. In furtherance of the foregoing, a power
is hereby granted to Richard L. Heimberg and his successors and assigns, as attorney -in -fact, to
execute, on behalf of any and all record title holders other than owner of any portion of the
Subject Property from time to time after the date hereof, such amendments to this Agreement
shall be agreed to from time to time by and between City and Owner, regardless of the number
or subject matter of such amendments. Unless specifically provided to the contrary in a deed,
mortgage, or other instrument of conveyance, each deed, mortgage, or other instrument with
respect to any portion of the Subject Property, and the acceptance thereof, shall be deemed a
grant and acknowledgment of, and consent to, such power to said attorney -in -fact and shall be
deemed to reserve to him the power to execute such amendments to this Agreement as
hereinabove set forth.
Anything herein contained to the contrary notwithstanding, the power herein granted to
either said attorney -in -fact may be revoked or amended in a written declaration of revocation or
in a written declaration of amendment, specifically referring to the power herein granted, signed
by all of the record title holders of all portions of the Subject Property from time to time, other
than Owner.
58. The City shall permit Owner to extend the City's existing watermain located east
of the Subject Property, at Owner's expense, to serve the Subject Property. It is the intention of
Owner and the City that the watermain shall be developed and constructed as part of Phase I of
any development of the Subject Property, with the exact location of the watermain to be
determined in connection with the completion of final engineering plans for such Phase I. Once
completed, Owner shall dedicate to the City pursuant to city ordinances procedures the
watermain so extended by the Owner, and the City shall accept said dedication and thereafter
maintain same as the City's property.
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.
[SIGNATURE PAGE FOLLOWS]
17
CITY OF ELGIN, a municipal
Corporation
By
Mayor
Attest:
��ca
City Clerk
BEN HENRIKSON and
MARK AJIEBUHR
Ben Henrikson
Mark A. Ledebuhr
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: PAB Planned Area Business District Zoning Ordinance
Exhibit D: Listing of Offsite Utility Easements
Exhibit E: Impact Fees
M
That part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at an Iron Pipe at the Northwest comer of the Northeast Quarter of said Section 18;
thence on an assumed bearing South 00 degrees 19 minutes 48 seconds East, 438.41 feet to a point on the centerline
of U.S. Route 20; thence South 64 degrees 16 minutes 41 seconds East, 273.10 feet along said centerline to the Point
of Beginning; thence continuing South 64 degrees 16 minutes 41 seconds East, 246.3 feet, thence South 25 degrees
11 minutes 36 seconds West, 530.4 feet; thence North 64 degrees 16 minutes 41 seconds West, 246.3 feet; thence
North 25 degrees 11 minutes 36 seconds East, 530.4 feet to the Point of Beginning, in Kane County, Illinois. Said parcel
also contains dedicated Right of Way of said U.S. Route 20.
EXHIBIT A
PLAT OF ANNEXATION
TO THE
CITY OF ELGIN
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LEGAL DESCRIPTION OF AREA TO BE ANNEXED.
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That part of the Northeast Quarter of Section 1 B. Township 41 North, Range 8 East of the Third Principal Meridian,
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described as follows: Commencing at an Iron Pipe at the Northwest comer of the Northeast Quarter of said Section 18;
I
thence on an assumed bearing South 00 degrees 19 minutes 48 seconds East, 438.41 feet to a point on the Centerline
of U.S. Route 20; thence South 64 degrees 16 minutes 41 seconds East, 273.10 feel afore said cantedine to the Point
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of Beginning; thence continuing South 64 degrees 16 minutes 41 aeconds East, 246.3 fee( thence South 25 degrees
11 minutes 36 seconds West 530.4 feet: thence North 64 degrees 18 minutes 41 seconds West, 246.3 feat; thence
North 25 degrees 11 minutes 36 seconds East, 530.4 feet to the Point of Beginning, in Kano County, Illinois. Said parcel
also contains dedicated Right of Way of said U.S. Route 20.
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PREPARED BY
CERTIFICATE OF APPROVAL BY MUNICIPALITY
State of llfinois)
Canty of Kane) as.
Accepted and approved by the city Council of the City
M Elgin, Kano County, Illinois, this _ day of
A.D., 200_
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KANE COUNTY RECORDER'S CERTIFICATE
State of minis)
County of Kan) as.
This Instrument was
filed for record in the Recorders Once of Kane County,
Illinois, on the_ day of
A.D. 200_ at o'clock, _ M. and urea
recorded in Plat Envelope No.
(County Recorder)
SURVEYOR'S CERTIFICATE
Stale of minis) '/
County of Kane) ss.�liV6148B2 B, ZOD
This u to certify that I Michael J. Morrissey, an Illinois
Professional land Surveyor, have prepared this Plat for
the purpose of annexation th� C Elgin, and that
this Plat of gihnexatlan 7- Picts saiig property.
Michael.KMonissy, I.P.L.S. f 943
EXHIBIT
6/14/07
Ordinance No. xx -07
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Henrikson Property — 3301 Route 20)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PAB
Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB
Planned Area Business District, the following described property:
That Part of the Northeast Quarter of Section 18, Township 41 North, Range 8
East of the Third Principal Meridian, Described As Follows: Commencing at
an Iron Pipe at the Northwest Corner of the Northeast Quarter of said Section
18; thence on an assumed bearing South 00 Degrees 19 Minutes 48 Seconds
East, 438.41 feet to a Point on the Centerline of U.S. Rout 20; thence South 64
Degrees 16 Minutes 41 Seconds East, 273.10 feet along said Centerline to the
Point of Beginning, thence continuing South 64 Degrees 16 Minutes 41
Second East, 246.3 feet, thence South 25 Degrees 11 Minutes 36 Second
West, 530.4 Feet; thence North 64 Degrees 16 Minutes 41 Second West,
248.3 feet; thence North 25 Degrees 11 Minutes 36 East, 530.4 feet to the
Point of Beginning, in Kane County, Illinois. Said Parcel also contains
Dedicated Right of Way of said U.S. Route 20 (Property commonly known as
3301 Route 20).
Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned
Area Business District which shall be designed, developed, and operated subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide commodities and services to several neighborhoods, and in some
EXHIBIT C
instances to a communitywide or regional supporting populations, subject to the
provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is
most similar to, but departs from the standard requirements of the AB zoning
district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR] ", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PAB zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PAB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights -of -way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PAB zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a "permitted use" [SR] in this PAB zoning district:
Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in the AB Area Business District:
1. Offices Division:
"Offices" [SR] (UNCL).
2. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
3. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Coin - operated laundries and dry cleaning (7215).
Commercial, economic, sociological and educational research
(8732).
Commercial, physical, and biological research (8731).
2
Computer programming, data processing and other computer -
related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Garment pressing, and agents for laundries and dry cleaners
(7212).
Home health care services (808).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified (7299).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Professional sports operators and promoters (7941).
Reupholstery and furniture repair (764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair (763).
4. Retail Trade Division:
Apparel and accessory stores (56).
Automatic merchandising machine operators (5962).
Building materials, hardware and garden supply (52).
Carryout restaurants (5812).
Catalog and mail -order houses (5961).
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Direct selling establishments (5963).
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
Used building materials (5932).
Used merchandise stores (593).
5. Agricultural Division:
Dog grooming (0752).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
6. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
7. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area (2752).
8. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
Local and suburban passenger transportation operators' offices
(411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the AB Area Business District:
1. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
2. Public Administration Division:
Public administration on a zoning lot containing less than two (2)
acres of land.
3. Services Division:
Billiard parlors (7999).
Bingo parlors (7999).
Bowling centers (7933).
Child daycare services (835).
Coin - operated amusement establishments (7993).
Dance halls (7911).
Dance studios and schools (791).
Discotheques (7911).
"Home child daycare services" [SR] (8351).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Organization hotels and lodging houses, on membership basis
(704).
Other schools and educational services (829).
Physical fitness facilities (7991).
Pool parlors (7999).
"Teen clubs" [SR] (UNCL).
4. Retail Trade Division:
Drive -in restaurants (5812).
"Package liquor sales establishments" [SR] (5921).
5. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation (44).
6. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Parking lots" [SR] (LTNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of
Chapter 19.55 of this Title.
G. Site Design. In this PAB zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to
the development of the subject property the owner of the subject property shall be
required to submit a development plan to the city for a public hearing and City
Council approval pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
H. Off - street Parking. In this PAB zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off - street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off - street Loading. In this PAB zoning district, off - street loading shall be
subject to the provisions of Chapter 19.47, Off - street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
C
K. Amendments. In this PAB zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PAB
zoning district authorize such an application.
L. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PAB
zoning district and without necessitating that all other property owners in this
PAB zoning district authorize such an application.
M. Conditional Uses. In this PAB zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PAB zoning district and without necessitating that all other property
owners in this PAB zoning district authorize such an application.
N. Variations. In this PAB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. A variation may be requested by an individual lot or property owner
for a zoning lot without requiring an amendment to this PAB zoning district and
without necessitating that all other property owners in this PAB zoning district
authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. hi addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
7
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.
R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to
the contrary in this ordinance, the use and the development of the subject property
in this PAB zoning district shall also be subject to the regulations of the ARC
Arterial Road Corridor Overlay District. In the event of any conflict between the
regulations in the ARC Arterial Road Corridor Overlay District and other
provisions of this ordinance, the regulations of the ARC Arterial Road Corridor
Overlay District shall control.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented:
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Diane Robertson, City Clerk
FALegal Dept \Ordinances\ZoneProp- Henrikson -3301 Route20 -clean 6- 14 -07.doc
9
EXHIBIT "D"
Off -site Utility Easements and Road Riehts -of -way
Such utility easements which may be identified by Owner after execution of this Agreement
for installation of adequate improvements for the development contemplated in the
Preliminary Plat of Subdivision.
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