08-3Resolution No. 08 -3
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH WYNDHAM DEERPOINT HOMES
(Tall Oaks Subdivision -101 Russell Road)
WHEREAS, the owners of certain property commonly known as Tall Oaks Subdivision at
101 Russell Road have proposed that the annexation agreement between the owners and the City of
Elgin concerning said property be amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed First Amendment to Annexation Agreement with Wyndham
Deerpoint Homes is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to
Annexation Agreement with Wyndham Deerpoint Homes, a copy of which is attached hereto.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 9, 2008
Adopted: January 9, 2008
Omnibus Vote: Yeas: 7 Nays:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
1/9/08
FIRST AMENDMENT TO ANNEXATION AGREEMENT
TALL OAKS
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT, made and entered
into this 9thday of January, 2008, by and between THE CITY OF ELGIN, ILLINOIS, a
municipal corporation of the Counties of Cook and Kane, in the State of Illinois (the "City ") and
WYNDHAM DEERPOINT HOMES, an Illinois general partnership ( "Developer ").
WITNESSETH:
WHEREAS, Developer and the City executed an Annexation Agreement (the
"Agreement ") dated February 25, 2004; and
WHEREAS, Developer is the record owner of the real estate (the "Added Parcel ")
legally described on Exhibit "A -1" attached hereto and incorporated herein by this reference;
and
WHEREAS, Developer desires to annex the Added Parcel to the City and to combine the
same with the Subject Property as defined in the Agreement into one co- ordinated development
plan; and
WHEREAS, the City desires to accommodate Developer's proposed annexation and co-
ordinated development plan for the Added Parcel as part of the Subject Property; and
WHEREAS, it is necessary to amend the Agreement in order for Developer to proceed
with its proposed annexation and development;
WHEREAS, the Added Parcel is not included within the corporate limits of any
municipality; and
WHEREAS, the Added Parcel constitutes territory which is contiguous to and may be
annexed to the City as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7 -1 -1 et
seq., 1993); and
WHEREAS, the Added Parcel is located within the Pingree Grove Fire Protection
District, and whereas the Trustees of said District were notified in writing by certified or
registered mail at least ten (10) days in advance of any action taken with respect to the
annexation of the Added Parcel, and whereas an affidavit that service of the said notice had been
provided has been filed with the Kane County Recorder; and
WHEREAS, the Added Parcel is located within Plato Township, and whereas the
Township Commissioners of Highways and each of the Trustees of said Township were notified
in writing by certified or registered mail at least ten (10) days in advance of any action taken
with respect to the annexation of the Added Parcel; and
WHEREAS, the Mayor and City Council of the City ( "Corporate Authorities ") have
duly set a date, time and place for a public hearing on this Annexation Agreement, and have
caused due notice to be made of said public hearing through publication in the Daily Couri er
News, a newspaper of general circulation in the community, and the City has held such public
hearing; and
WHEREAS, the Corporate Authorities, after due and careful consideration, have
concluded that the annexation of the Added Parcel to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and ordinance public hearings
were held by the Planning and Development Commission of the City on the requested zoning of
the Added Parcel.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
A. This Amendment is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5111- 15.1 -1 et. seq.) and in the exercise of
the home rule power of the City.
B. For all purposes of both this Amendment and the Agreement, the term "Subject
Property" shall be deemed to refer to the aggregate of the Added Parcel and the Subject Property
as defined in the Agreement.
C. The Corporate Authorities, within 30 days following: (a) the execution of this
Agreement, (b) the receipt of current title reports verifying the owner of record of the Added
Parcel by the City Clerk, (c) the filing of Owners' Petitions for Annexation in form and substance
as required by law, the receipt by the City of one or more Plats of Annexation ( "Annexation
Plat ") covering the Added Parcel conforming to the requirements of law and in recordable form,
and (d) the receipt by the City of Owners' payment of the disconnection fee to the Pingree Grove
and Countryside Fire Protection District for the Added Parcel referred to in Paragraph 36 hereof,
shall adopt (x) one or more ordinances ( "Annexation Ordinances ") annexing the Added Parcel
to the City and (y) promptly thereafter record with the Kane County Recorder the Annexation
Plat and the Annexation Ordinances. The Annexation Plats for the Annexation Ordinances shall
be in the form of Exhibit "B -1" attached hereto and incorporated herein by this reference.
D. Paragraph 3.A. of the Agreement is hereby amended to read as follows:
"A. immediately after the passage of the ordinance annexing the Added Parcel, as
-2-
provided in Paragraph 2 hereof, the Corporate Authorities shall pass or adopt the
following ordinances and resolutions:
i. amended PSFR2, and PCF zoning ordinances for the Subject Property in
the forms attached hereto as Exhibits C -1 and C -2.
ii. a PMFR planned multiple family residence zoning ordinance for a portion
of the Subject Property in the form attached hereto as Exhibit C -3 zoning a
portion of the Subject Property as provided therein.
iii. a resolution approving the Tall Oaks Subdivision Preliminary Plat of
Subdivision (the "Supplemental Preliminary Plat ") prepared by Land
Vision, Inc., dated March 26 2007, attached hereto and incorporated
herein by this reference as Exhibit "D -2A ".
Exhibits "C -1" through and including "C -3" and Exhibit "D -2A" shall be deemed to
supercede their counterparts in the Agreement as originally executed to the extent inconsistent
with such counterparts."
E. Paragraph 3.C. of the Agreement is hereby amended to read as follows:
"C. Those portions of the Subject Property not previously included in a final plat of
subdivision adopted by the City prior to the date of this Amendment and the development
contemplated herein shall be developed in accordance with (i) the original Preliminary Plat of
Subdivision included in the Agreement as Exhibit "D -2" as supplemented and modified by the
Supplemental Preliminary Plat ( "Exhibit "D -2A "), whichever is applicable to the parcel in
question, and (ii) the original Preliminary Engineering Plans included in the Agreement as
Exhibit "E" as supplemented and modified by the Preliminary Plans for Tall Oaks - Unit 4
prepared by Jacob & Hefner Associates, P.C., dated May 1, 2007, attached hereto and
incorporated herein by this reference as Exhibit "E -1" (the "Supplemental Preliminary
Plans "), whichever is applicable to the parcel in question. In addition, that portion of the Subject
Property classified PMFR shall also be developed in accordance with the Tall Oaks Unit 4
Preliminary Landscape Plan prepared by Gary R. Weber Associates, Inc., dated March 30, 2007,
attached hereto and incorporated herein by this reference as Exhibit "D -4" (the "Landscape
Plan "). The City and the Developer agree to act in good faith in making reasonable
modifications to the Preliminary Plat of Subdivision or the Supplemental Preliminary Plat,
subdivision plat, Preliminary Engineering Plans or the Supplemental Preliminary Plans, and/or
the Landscape Plan, as the case may be, to solve engineering, layout and/or design problems not
reasonably foreseeable at the time of the execution of this Amendment, provided that such
changes are in substantial conformance with the approved Preliminary Plat of Subdivision or
Supplemental Preliminary Plat in question and do not increase the aggregate total number of
dwelling units which may be constructed on the Subject Property as contemplated in such
Preliminary Plat of Subdivision or the Supplemental Preliminary Plat. The parties agree that
changes to the approved planned development set forth in Section 19.60.200 of the Elgin
-3-
Municipal Code may be approved by the City's Development Administrator without public
hearings and without formal amendment to this Agreement.
Exhibit "E -1" shall be deemed to supercede its counterpart in the Agreement as originally
executed to the extent inconsistent with such counterpart.
F. Developer within sixty (60) days following the entry into this First Amendment
Agreement shall convey to the City by recordable warranty deed Parcel 5 depicted in the
Supplemental Preliminary Plat (such Parcel 5 is also referred to as Parcel 1 Civic Area in the Tall
Oaks Unit 4 Preliminary Plat of Subdivision dated March 26, 2007, and is therefore hereinafter
referred to as Parcel 1 Civic Area). Such conveyance shall be subject only to: real estate taxes
for the years 2007 and subsequent years; and covenants, conditions and restrictions of record
none of which shall prohibit or unreasonably interfere with the City's intended use of such
property as a fire station site. Not less ten (10) days prior to the scheduled conveyance the
Developer shall provide to the City at Developer's cost a title commitment issued by Chicago
Title Insurance Company for Parcel 1 Civic Area evidencing title in the intended grantor subject
only to the permitted exceptions as herein described. Developer shall also provide to the City at
its cost a boundary survey of such property dated not more than six (6) months on the date of the
proposed conveyance. General real state taxes shall be prorated based upon 105% of the last
ascertainable tax bill.
G. Paragraph 5B of the Agreement is hereby amended to read as follows:
"B. Notwithstanding the foregoing in Paragraph A above, Developer shall
receive a credit as set forth in Exhibit J -1 attached hereto toward the park
land contribution requirement in consideration of the park sites to be
dedicated by the Developer to the City. Developer shall not be required to
provide any improvements to any park sites."
H. Exhibits G, H and J to the Agreement, which list certain fees are hereby amended
and replaced with the exhibit entitled "Amended Exhibit "G ", "H" and "J "" attached hereto.
I. Paragraph 24 of the Agreement is hereby amended by amending the listing of
open space parcels to be conveyed to the City to read: "Parcel(s) 1 Civic Area depicted in the
Tall Oaks Unit 4 Preliminary Plat of Subdivision dated March 26, 2007 and 17 depicted in the
Supplemental Preliminary Plat ". Paragraph 24 is hereby further amended by amending the final
two paragraphs thereto both which commence with the text "hi consideration of the conveyance
..." to read as follows:
"In consideration of the conveyance of Civic Area 1 by Developer to the
City, Developer shall receive a one hundred percent (100 %) credit against
the Public Safety Building Capital Improvement Contribution (City of
Elgin Ordinance No. G3 -02) with such credit being noted in Exhibit J -1
attached hereto."
J. Paragraph 36 of the Agreement is hereby amended by adding the following
additional text to the end thereof:
"Notwithstanding anything to the contrary in this Paragraph 36, or
anything to the contrary in this Agreement, not more than thirty (30) days
following the entry into this First Amendment Agreement and prior to the
annexation of the Added Parcel and prior to any building permits or other
development approved being issued for the Added Parcel, 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 Added Parcel. The total acreage for such per acre disconnection
shall be the total acreage of the Added Parcel 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 for the Added Parcel 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 properties hereby acknowledge that propriety, necessity,
legality of such disconnection fee and do further hereby agree do and
waive 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 to their properties not to sue the City or maintain any legal action
or other defense against the City with respect to such fee."
K. Paragraph 60A of the Agreement is hereby amended by amending the first
sentence thereof to read as follows:
"With the exception of Honeysuckle Lane and Currant Lane in Unit 4, the
City and Developer agree that all streets within the development
contemplated in the Preliminary Plat of Subdivision, as amended, shall be
publicly owned and maintained. It is agreed and understood that
Honeysuckle Lane and Currant Lane shall be privately owned and
maintained by the homeowners association for Unit 4."
In all other respects the Agreement shall remain in full force and effect as written and as
amended herein.
SIGNATURE PAGE FOLLOWS
-5-
ATTEST:
By:_
City Clerk
CITY OF ELGIN, ILLINOIS
i m
i .,�
WYNDHAM DEERPOINT HOMES
By:
General Partner
By. I � '6&' -
neral P t er
FALegal Dept\AgreementWnnexadon -Tall Oaks -First Amendment -WAC -clean 1- 9 -08.doc
7-
AMENDMENT EXHIBITS
Exhibit A -1:
Legal Description of Added Parcel
Exhibit A -2:
Site Zoning Exhibit
Exhibit B -1:
Annexation Plat of Added Parcel
Exhibit C -1:
Amended PSFR2 Ordinance
Exhibit C -2:
Amended PCF Ordinance
Exhibit C -3:
PMFR Ordinance
Exhibit D -2A:
Supplemental Preliminary Plat
Exhibit D -4:
Landscape Plan
Exhibit E -1:
Supplemental Preliminary Plans
Exhibit G, H and J:
Amended Exhibit G, H and J
7-
EXHIBIT "A-L"
PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORI.H. RANGE 7,
EAST OF IHF THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, KANE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION: THE NCE SOUTH ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,
550.35 FEET TO A POINT WHICH IS 773.00 FEET NORTH OF THE SOUTHEAST CORNER OF
THE NOR L'HEAS'F QUARTER OF SAID NORTHEAST QUARTER FOR THE POINT OF
BEGINNING; THENCE: SOUTH ALONG FHE EAST LINE OF SAID NORTHEAST QU.ARFER.
270.00 FEET; THENCE SOUTH 89 I732" WEST, 852.98 FEET ALONG THE SOUTH LINE '1'0 A
POINT WHICH IS 533.00 FEET EASTERLY OF (MEASURED ALONG THE LAST DESCRIBED
LINE EXTENDED) THE CENTER LINE OF RUSSELL ROAD (PREVIOUSLY KNOWN AS
PLATO -UDINA HIGHWAY): THENCE NORTH 0015'26" WEST, PARALLEL WITH SAID
CENTER LINE, 270.09 FEET TO A LINE 270.00 FEET NORMALLY DISTANT FROM THE
SOUTH LINE AS PREVIOUSLY DESCRIBED; THENCE NORTH 891732" EAST, PARALLEL
WITH SAID SOUTH LINE, 847.15 FEET 1'0 THE POINT OF BEGINNING; (CONTAINING 5.269
ACRES. MORE OR LESS)
SITE ZONING EXHIBIT
TALL OAKS SUBDIVISION, ELGIN, ILLINOIS
PCF ZONING - PARCELS 1A THRU 1E
PMFR ZONING - PARCEL 2
PSFR1 ZONING - PARCELS 3A & 3B
PSFR2 ZONING - PARCELS 4A & 4B
LIC #184-003073 Professional Design
Firm, Land Surveying and Professional
C9
EXHIBIT
LOCATION
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c"I'moled9ed mal Mey blvd one Mixed the th—me plot at then from
one wWstow, Oct b the pompom therm s, Iwm.
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EXHIBIT "B-1"
PLAT OF ANNEXATION
TO THE CITY OF ELGIN, CANE COUNTY, ILLINOIS
OF PART Of THE NORTHEAST OUARTER or SECPON /A, TOyMSHIP eT NORTH, RANGE J EAST
OF ME THIRD PRINCIPAL MERIDIAN, IN P!ATO TOWNSHIP, MANE COUNTY, ILLINOIS
u
POINT OF COMMENCING
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wepwM me prof seem lion olr lo' re[wds Me me M"gee ml wneeb e he hoer b1a
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mommAslmim of me "or" to be mnerea
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IN PLATO TOMSNW. MANE COUNTY, ILUNCIS DESCRIBED AS
FOLLOWS:
COMMENCING AT ONE NOPMEAST GOPHER Or W NOPMEAST
TO A PONYT
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SAID SOON
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NEST, PA
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Description '1
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ILLINOIS STATE PLANE
COaiOINAW SYSRY
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PANT OF ME NaPMEAST GARTER OF MCRM IA TO)NS1NP
4t
PC RANCE 9, EAST OF ME MIND PQAAW& MERIDIAN,
IN PLATO TOMSNW. MANE COUNTY, ILUNCIS DESCRIBED AS
FOLLOWS:
COMMENCING AT ONE NOPMEAST GOPHER Or W NOPMEAST
TO A PONYT
ALOVC ME
OF Ati
DESCRIBED:
SAID SOON
(CONTAINING
M ASP
NEST, PA
LINE zT
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aEGNNm6:
Survey ND.: D 6 1 a
ONMicl By, Yyedbem Derrpwnl Nomee
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Description '1
N
Oe4 PomPerM: AWWL 10. 2006
LOCATION
LOCATION YAP
NOT To sZOT
DxxFR< cfwnMATF
.TOTE OF xLlNps )
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That Is le PON11 M.L N}naam Oespainl horned, u the aenw of the wWerly
eewnep nerem and he, ranee the sane Io be nn do and 0.1t. by
inercotro hereon, he the used and purpwes tnnm al Ivm, and ewer hereby
arenaNedgd and aYpl the same undo the slyer and line heaven mdicalM
Omm this ___ day al --------- __ 2006.
OWNS ADDRESS
M}nTwn OenpoTt Ibmn
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Ry--------- ______ Dlk: ________________
By _________ --- ___ F.W.
NOTARY CER CA Ty
STATE C _-)
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Cmnly ale State, do hereby rnlitt, that 10,rammn Nerpoet Nord, penonWy,
.— to ms to be the dam. pnrsm(er) enwe nmmee are n4to,111 to the
Tor.9ab9 imNUmmt ad wdl amn(s), appemrd before me this day m person and
aceno.lm9ed that they signed a d dethered the o+nm.d wet 01 there om en
tend .-fiery wt for the pwpmn therein set Who,
Given Under my Hand and Natant' Seal this _ day at _________, 2006.
Nolary Pudic — Cammissbn E+pred
STATE OF µdNpS )
)SS
ON NrY 00, EL NMK )
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Appaowd by the Morning and EewlepmenI Ou iseim of the City at flown, Kwe Cwnly.
Ideas that _ day of
By.
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AB s le ennry that this -.to mop or Iv arY a r,ed d AmrliM as Ina,
oaPoratea bta and maw a port o, Me Cry of oy» err Omam'e xa
Doubted by the Glr CcwN o/ sad Citr an me ___ ear or
By Attest: ------ _ ------ ___
Nape Oty CINe
s—pna M P,,. E� av Camwo-
WOO A REFNER ASSOCIATES, P.C.
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EXHIBIT "B -1"
PLAT OF ANNEXATION
TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS
OF PART OF THE NORTNEAST OUARTER OF SECBON /J, TOONSHIP 41 NORTH, RANCE ] EAST
OR NC MIRE) PRINCIPAL MERIDIAN, W PLATO TOYMSHIP, KANE COUNTY, ILLINOIS
on;I
ulybaltto
lsvml
wPmNUp
rasswi
CORPORATE LIMITS
CITY OF ELGN
u
POINT OF COMAIVY
he her. ra.. a Ire des.
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12f 1J9,195" rev'[ fSJRW'
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be
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PROPERTY TO BE ANNE ss\ Eq
5.T69 Ayes, More a lesa�
ED
STATE OF nLWOS )
CORPORATE LIMITS
OTY OR ELGIN
wTRp
P.I.N. 05-17 -200 -024
SS
CWNiy Or INLL )
This i5 to rvtily Ina' I, "'nn N. WKer"o, M Al -d PraleXKnN two sarwpr naw
Me ON Or EIM KANE CWNTY.I UMS, and then r he san
Phat of eshot arum d a Ir cf a info
aapesnro'm .I Ine wape," m he —b."
C,wA under my nand ana sM Inn IMn day of Au9usf. 2006
boob PralessmlY Lo+a $urwyo- Na. ]5 -)Nl Y Nr
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'a LA1O APK'KR ^`
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AFTER RECCWA'NG RENAN to
0 50' 100' 200'
Scale 1" = 100'
RAGS et WARNLY
KANE CdMrr HORIZONTAL
CWTNa WINONA TIED To Pf
UNdS STATE PLANE
COORMATE SYSTEM
EAST Z
PART OF ME NORTHEAST WARIER OF SECTION 11 TOMS"
.1 NORTH. RANGE T. EAST OF THE WRO PIPP PN WRIOIAN,
W PLATO TONNSi1P, KANE CWNIY, µLINOS. OESCRIREO AS
FOLLOK
CONYENCWG AT ENE NONMCAST CORNER W ME NONMEASi
WARIER OF SAO SDCnOY. MENCE SWEN ALONG RK EAST
LINE K SAN) NORMEASI WARIER. 550J5 FEET 10 A POINT
NHKYI IS 37JW FEET NORM OF Par SOJWA9i CORNER O"
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EXHIBIT C -1
Ordinance No. G1 -08
AN ORDINANCE
AMENDING ORDINANCE NO. G14 -04
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision - 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and Development
Commission conducted a public hearing concerning said application and has submitted its written
findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS that Ordinance G14 -04 adopted by the City Council on February 25, 2004, be and
is hereby amended in its entirety to read as follows:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PSFR2 Planned Single Family
Residence District, the following described property:
Those areas on the attached zoning plat, prepared by LandVision, dated July 27,
2007, designated in the PSFR2 Single Family Residence District."
Section 2. That the development of this PSFR2 Planned Single Family Residence District as
described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density for
single family detached dwellings, subject to the provisions of Chapter 19.60 Planned
Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District
is most similar to, but departs from the standard requirements of the SFR2 Single
Family Residential District.
-1-
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol "[SR] ", shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin
Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PSFR2 zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General Provisions,
of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PSFR2 zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights -of -way,
but including adjoining land or land directly opposite a right -of -way, shall not be less
than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19. 10, Land Use, of the Elgin Municipal Code,
1976, as amended. The following enumerated "land uses" [SR] shall be the only land
uses allowed as a "permitted use" [SR] in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
-2-
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street
Graphics, of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning
Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PSFR2
Planned Single Family Residence District, subject to the provisions of
Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a "conditional use" [SR] in this PSFR2 zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two
acres of land.
Transportation, Communication, and Utilities Division.
3. "Amateur radio antennas" [SR] (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNCL).
6. "Other radio and television antennas" [SR] (UNCL).
7. "Other satellite dish antennas" [SR] (UNCL).
8. "Pipelines, except natural gas" (461).
9. "Railroad tracks" (401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the provisions of
Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
-3-
Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations
shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot
area" [SR] shall be 10,000 square feet per dwelling unit. The minimum
required lot area for a zoning lot shall be 12,000 square feet for all "through
lots" [SR] and for all "comer lots" [SR].
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be
seventy -five (75) linear feet. The minimum required "lot width" [SR] for a
zoning lot shall be ninety (90) linear feet for "corner lots" [SR].
4. Setbacks - Generally. hi this PSFR2 zoning district, "setbacks" [SR] shall
be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required
"building" [SRI "setbacks" [SR] for a zoning lot shall be as follows:
a. Arterial Street Buffer Yard Setback. Where a zoning lot adjoins a
buffer yard with frontage on US Route 20, the minimum required
setback for a building from the buffer yard shall be fifty (50) linear
feet.
b. Boulevard Collector Street Setback. Where a zoning lot located
along an east/west boulevard collector street adjoins a buffer yard, the
minimum required setback for a building from the buffer yard lot line
shall be ten (10) linear feet.
C. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street lot
line shall be twenty -five (25) linear feet.
d. Interior Setback. The minimum required building setback from an
"interior lot line" [SR] shall be ten (10) linear feet.
e. Rear Setback. The minimum required building setback from a "rear
lot line" [SR] shall be thirty (30) linear feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning
Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or by
the actual location of a building shall be subj ect to the provisions of Section
19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.40 (40 %).
9. Building Coverage. In this PSFR2 zoning district, the maximum "building
coverage" [SR] for a single family zoning lot shall equal the "zoning lot area"
M
[SR] times 0.35 (35 %).
10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum
"accessory building coverage" [SR] for a single family zoning lot shall equal
the "zoning lot area" [SR] times 0.10 (10 %).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use
area" [SR] for a single family zoning lot shall be one thousand four hundred
(1,400) square feet.
12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the landscape plans prepared by
Gary R. Weber Associates, Inc., with a final revision date of February 12,
2004.
13. Supplementary Regulations. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the Preliminary Plat, prepared by Land
Vision, Inc., and dated March 26, 2007.
b. Substantial conformance to the Preliminary Grading and Drainage
Plans, encompassing the Preliminary Sanitary & Water Main Plan,
prepared by Jacob & Heffner Associates, Inc., and dated February 13,
2003.
C. Substantial conformance to the Preliminary Landscape Plan, prepared
by Gary R. Weber Associates, hic., and dated November 13, 2002,
with revision dates of June 3, 2003, November 10, 2003, and
February 12, 2004.
d. Substantial conformance to the Declaration of Covenants and
Restrictions, prepared by Richard M. Guerard, dated November 25,
2005 and recorded November 28, 2005, as Document Number
2005K141808.
H. Architectural Design. In this PSFR2 zoning district, the use and design of land and
structures shall be subject to conformance to the architectural standard identified
within the Declaration of Covenants and Restrictions, to be recorded for the subject
property, prepared by Richard M. Guerard. Additionally, all dwellings shall conform
with the garage design guidelines contained within the Far West Area Development
and Design Guidelines.
I. Off - Street Parking. In this PSFR2 zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off - Street Parking, of the Elgin Municipal Code,
1976, as amended.
I Off - Street Loading. In this PSFR2 zoning district, off street loading shall be subject
to the provisions of Chapter 19.47, Off - Street Loading, of the Elgin Municipal Code,
1976, as amended.
K. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
-5-
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended. The
development sign shall be developed in conformance with the Landscape Plans,
prepared by Gary R. Weber Associates, Inc., with a final revision date of February
12, 2004.
L. Amendments. hi this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text
and map amendment may be requested by an individual lot or property owner for a
zoning lot without necessitating that all other property owners in this PSFR2 zoning
district authorize such an application.
M. Planned Developments. hi this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use
for a planned development may be requested by an individual lot or property owner
for a zoning lot without requiring an amendment to this PSFR2 zoning district and
without necessitating that all other property owners in this PSFR2 zoning district
authorize such an application.
N. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment to
this PSFR2 zoning district and without necessitating that all other property owners in
this PSFR2 zoning district authorize such an application.
O. Variations. Any of the requirements of this ordinance may be varied by petition of a
lot or property owner subject to this Ordinance, however, such variation is subject to
the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be
amended. A variation maybe requested by an individual property owner for a zoning
lot without requiring an amendment to this PSFR2 zoning district and without
necessitating that all other property owners in this PSFR2 zoning district authorize
such an application.
P. Subdivisions— Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city, as amended, and the
Plat Act of the State of Illinois. 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.
Q. 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:
KIM
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.
R. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance maybe appealed
subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code,
1976, as amended.
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: January 23, 2008
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
FALegal Dept \ORD & RES \ORD & RES 2008 \13 - City Council Meeting - January 23, 2008 \0- ZoneProp -Tall Oaks-PSFR2-LT-G I -08-.doc
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EXHIBIT C -2
Ordinance No. G2 -08
AN ORDINANCE
AMENDING ORDINANCE NO. G15 -04
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Tall Oaks Subdivision — 10 1 Russell Road)
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 PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS that Ordinance G15 -04 adopted by the City Council on February 25,
2004, be and is hereby amended in its entirety to read as follows:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property:
Those areas on the attached zoning plat, prepared by LandVision, dated July 27,
2007, designated in the PCF Planned Community Facility District."
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or a not for profit basis. The PCF District is most
similar to, but departs from the standard requirements of the CF Community
Facility 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 PCF zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights -of -way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a "permitted use" [SR] in this PCF zoning district:
Municipal Services Division.
1. "Municipal Facilities" [SR] (UNCL).
2. "Public parks, recreation, and open space" [SR] (UNCL).
Public Administration Division.
3. Justice, public order, and safety.
Services Division.
4. Public Libraries (823).
Construction Division.
5. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
6. Radio and television antennas" [SR] (UNCL).
7. "Satellite dish antennas" [SR] (UNCL).
8. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Fences and walls" [SR] (UNCL).
2
10. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street
Graphics.
11. "Temporary uses" [SR] (UNCL).
12. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter 19.47,
Off - street Parking.
13. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Planned Community Facility District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings.
14. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Planned Community Facility District, subject to the provisions of Section
19.20.400, Component Land Uses.
In this PCF zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a "conditional use" [SR] in this PCF zoning district:
Transportation, Communication, and Utilities Division.
1. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
2. "Commercial antenna tower" [SR] (UNCL).
3. "Other radio and television antennas" [SR] (UNCL).
4. "Other satellite dish antennas" [SR] (UNCL).
5. "Pipelines, except natural gas" (461).
6. "Railroad tracks" (401).
7. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
8. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
9. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Planned Community Facility District, subject to the provisions of
Chapter 19.12.500, Accessory structures and Buildings.
10. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10. 400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.30.135, Site
Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this
PCF zoning district, the use and development of land and structures shall also be
subject to the following conditions:
3
1. Substantial conformance to the Preliminary Plat, prepared by Land Vision,
Inc., dated March 26, 2007.
2. Substantial conformance to the Preliminary Grading and Drainage Plans,
encompassing the Preliminary Sanitary & Water Main Plan, prepared by
Jacob & Heffner Associates, hie., and dated February 13, 2003.
3. Substantial conformance to the Preliminary Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated November 13, 2002, with
revision dates of June 3, 2003, November 10, 2003, and February 12,
2004.
H. Off - street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off - Street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off - street Loading. In this PCF zoning district, off - street loading shall be
subject to the provisions of Chapter 19.47, Off - Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. hi this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended.
K Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text amendment and map amendment may be requested by an individual lot or
property owner for a zoning lot without necessitating that all other property
owners in this PCF zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments, of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. Any of the requirements of this ordinance may be varied by
rd
petition of a lot or property owner for a zoning lot without requiring an
amendment to this PCF zoning district and without necessitating that all other
property owners in this PCF zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
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: January 23, 2008
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
FALegal Dept \ORD & RES \ORD & RES 2008\6 -City Council Meeting -January 23, 2008 \0- ZoneProp -Tall Oaks - PCF- LT- G2- 08.doc
Z
EXHIBIT C -3
Ordinance No. G3 -08
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision — 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin;
1
WHEREAS, written application has been made to classify said territory to a
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 applications 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 the same is hereby further
amended by adding thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District
Map', as amended, be and are hereby altered by including in the PMFR
Planned Multiple Family Residence District, the following described
property:
Those areas on the attached zoning plat, prepared by Land Vision, dated
July 27, 2007, designated in the PMFR Planned Multiple Family
Residence District."
Section 2. That the City Council of the City of Elgin hereby grants the PMFR
Planned Multiple Family Residential District which shall be designed, developed, and
operated subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district
is to provide a planned urban residential environment of the lowest
standardized density for multiple family detached dwellings, subject to the
provisions of Chapter 19.60 Planned Developments of the Elgin Municipal
Code, 1976, as amended. The PMFR District is most similar to, but
departs from the standard requirements of, the MFR Multiple Family
Residential District.
B. Supplementary Regulations. Any word or phrase contained herein,
followed by the symbol "[SR] ", shall be subject to the definitions and the
additional interpretive requirements provided in Chapter 19.90,
Supplementary Regulations of the Elgin Municipal Code, 1976, as
amended. The exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
C. General Provisions. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of
Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as
amended.
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, and the provisions of the Annexation Agreement.
E. Location and Size of District. This PMFR zoning district should be
located in substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate PMFR 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 PMFR zoning district, the use of land and structures
shall be subject to the provisions of Chapter 19. 10, Land Use, of the Elgin
Municipal Code, 1976, as amended. The following enumerated "land
uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] in
this PMFR District:
Residence Division.
1. "Attached dwellings" [SR] (townhomes) (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).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot'
[SR] containing less than two acres of land.
Finance, Insurance, and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
2
10. "Family residential care facility" [SRI (8361).
11. "Home child day care services" [SRI (8351).
12. "Residential Care Facility" [SRI.
Construction Division
13. "Contractors office and equipment areas" [SRI (UNCL).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SRI (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SRI (UNCL).
16. "Radio and television antennas" [SRI (UNCL).
17. "Satellite dish antennas" [SRI (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SRI
(UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SRI (UNCL).
20. "Parking lots" [SRI (UNCL), exclusively "accessory" [SRI,
subject to the provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SRI.
22. "Signs" [SRI (UNCL), subject to the provisions of Chapter 19.50,
Street Graphics.
23. "Temporary uses" [SRI (UNCL).
24. "Accessory structures" [SRI (UNCL) to the permitted uses allowed
in this PMFR Planned Multiple Family Residence District, subject
to the provisions of Section 19.12.500, Accessory Structures and
Buildings.
25. "Accessory uses" [SRI (UNCL) to the permitted uses allowed in
this PMFR Planned Multiple Family Residence District, subject to
the provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin
Municipal Code, 1976, as amended. The following enumerated "land
uses" [SRI shall be the only land uses allowed as a "conditional use" [SRI
in this PMFR zoning district:
Residences Division.
1. Conditional residential occupations" [SRI (UNCL).
Municipal Services Division.
2. Municipal facilities" [SRI (UNCL) on a zoning lot containing less
than two acres of land.
Transportation, Communication, and Utilities Division.
3. "Conditional commercial antennas and antenna structures mounted
on existing structures" [SRI (UNCL).
4. "Conditional commercial antenna tower" [SRI (UNCL)
5. "Other radio and television antennas" [SRI (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Miscellaneous Uses Division.
9. Intentionally Omitted.
10. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR].
11. "Planned developments" [SR] (UNCL) on a zoning lot containing
less than two acres of land, subject to the provisions of Chapter
19.60, Planned Developments.
12. "Accessory structures" [SR] (UNCL) to the conditional uses
allowed in this PMFR Planned Multiple Family Residence District,
subject to the provisions of Chapter 19.12.500, Accessory
structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in
this PMFR Multiple Family Residence District, subject to the
provisions of Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR 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 in the terms and conditions of
the Annexation Agreement. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of
Chapter 19.25.735, Site Design, (MFR Multiple Family Residence
District) of the Elgin Zoning Ordinance, with the following departures:
Minimum Local Street Building Setback: The minimum building
setback from a local street lot line shall be 20 feet.
Minimum Local Street Vehicle Use Area Setback: The minimum
vehicle use area setback from a local street lot line shall be 16 feet.
In this PMFR zoning district, the use and development of land and
structures shall also be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and
Conformance, submitted by Wyndham Deerpoint Homes, and dated
revised May 1, 2007.
2. Substantial conformance to the Preliminary Plat of the Tall Oaks, Unit
4 prepared by Land Vision, Ltd., and dated March 26, 2007.
3. Substantial conformance to the Landscape Plan, prepared by Gary R.
Weber Associates, Inc., and dated March 30, 2007.
rd
4. Substantial conformance to the Preliminary Grading and Drainage
Plan, prepared by Jacob & Hefner Associates, P.C., and dated March
27, 2007.
5. Substantial conformance to the Preliminary Sanitary and Water Main
Plan, prepared by Jacob & Hefner Associates, P.C., and dated March
27, 2007.
6. Substantial conformance to the building elevations and floor plans
prepared for Wyndham Deerpoint by Bloodgood Sharp Buster
Architects and Planners, Inc., dated May 6, 2003.
7. Exterior building materials used on the building elevations in the
townhome addition will comply with the following requirements for
building materials:
a. Street facing walls shall be entirely constructed of wood, stone,
brick or cement fiberboard (a/k/a hardyboard). All other wall
surfaces shall include a minimum of 50% wood, stone, brick or
cement fiberboard (a/k/a hardyboard). Aluminum and vinyl siding
shall be a heavy gauge. This provision shall not be construed to
prohibit light gauge vinyl clad or aluminum for soffits, fascia,
second floor peaks, gutters and downspouts.
b. Light gauge vinyl siding, light gauge aluminum siding, masonite,
glazed brick non - overlapping cedar siding, imitation stone,
imitation brick, exposed concrete, or exposed cinderblock are not
permitted to be used as exterior wall siding.
c. All chimneys must be constructed of brick or other natural
materials (wood, stone, or stucco) if the chimney is visible from
the front, and otherwise may be constructed of any of the material
that would have been permitted on the side or rear exterior walls of
the structure.
H. Off - street Parking. In this PMFR zoning district, off street parking shall
be subject to the provisions of Chapter 19.45, Off - street Parking, of the
Elgin Municipal Code, 1976, as amended.
I. Off - street Loading. In this PMFR zoning district, off street loading shall
be subject to the provisions of Chapter 19.47, Off - street Loading, of the
Elgin Municipal Code, 1976, as amended.
J. Signs. In this PMFR zoning district, signs shall be subject to the
provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal
Code, 1976, as amended.
5
K. Amendments. In this PMFR zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55,
Amendments. A text and map amendment may be requested by an
individual lot or property owner for a zoning lot without necessitating that
all other property owners in this PMFR zoning district authorize such an
application.
L. Planned Developments. In this PMFR zoning district, application for a
planned development shall be subject to the provisions of Chapter 19.60,
Planned Developments, of the Elgin Municipal Code, 1976, as amended.
A conditional use for a planned development may be requested by an
individual lot or property owner for a zoning lot without requiring an
amendment to this PMFR zoning district and without necessitating that all
other property owners in this PMFR zoning district authorize such an
application.
M. Conditional Uses. In this PMFR zoning district, application for
conditional uses shall be subject to the provisions of Chapter 19.65
Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A
conditional use may be requested by an individual lot or property owner
for a zoning lot without requiring an amendment to this PMFR zoning
district and without necessitating that all other property owners in this
PMFR zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by
petition of a lot or property owner subject to this Ordinance, however,
such variation is subject to the provisions of Section 19.70, Variations, of
the Elgin Municipal Code, as may be amended. A variation may be
requested by an individual property owner for a zoning lot without
requiring an amendment to this PMFR zoning district and without
necessitating that all other property owners in this PMFR zoning district
authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the
city, as amended, and the Plat Act of the State of Illinois. Prior to building
permit issuance, for each building or structure proposed to be built within
the planned development, a soils suitability and bearing capacity test shall
be performed as required by the City Engineer and the Development
Administrator, and the provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the
following building improvements shall also be required:
G9
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate
lines connecting the sump pump to the storm sewer as required by
the City Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated
with the administration and enforcement of the provisions of this
ordinance may be appealed subject to the provisions of Chapter 19.75,
Appeals, of the Elgin Municipal Code, 1976, as amended.
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: January 23, 2008
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Diane Robertson, City Clerk
F1Legal Dept \ORD & RES \ORD & RES 2008\B - City Council Meeting - January 23, 2008 \0- ZoneProp -Tall Oaks- PMFR- LT -G3-
OS.doc
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Location Map
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Legal .
ucu ouwmox a navovn tur au swmaox, ux x rxvEs
Marvaer rSa Ox�bm HH41rOM, w.xar Eu. or THE Txixo PuxCTFALM owe
uxovaerovsernox ra Taxxsxnn xovm, uxae EuT or TxETxiPn PuPUmEemEw,
orscussnuwuowx
Existing Zoning-
F Farming Dlstrict/PSFR2 /PCF
Proposed Zoning -
PMFR
Total Townhome Units-
101 Units
Total Site Area -
14.64 Ac.
Gross Site Density -
6.9 D.U. /AC.
Right of Way Dedication
0.96 Ac.
Total Site Area 201.37 Ac
Single Family Area
105.61 Ac.
Multi- family Area
13.68 Ac.
Open Space Area (includes Parks)
34.32 Ac.
Civic Area
4.70 Ac.
Right -of -way
43.06 Ac.
Multi - family Units-
101 Units
Single Family Units-
305 Units
Total
406 Units
Gross Density of Tall Oaks N 2.0 r
W*E
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ZONING LEGEND
O PSFR1 ZONING
- PSFR2 ZONING
- PCF ZONING
PMFRZONING
NOTE:
THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. FINAL ZONING DISTRICTS ARE
ESTABLISHED BY RECORDED PLAT ONLY.
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05.13- 200-007
Irene M. Frederick
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111,1861 Russell Road
Elgin, Illinois 60123
05-13-200-012
Randy and Ann LiepBz
11N921 Russell Read
Elgin, Illinois 60123
-13- 200 -013
Randall 1. Yenench, Trustee
�05
4o MB Financial Bank
6111 North River Road, 8th Fir.
Rosemont Illinois 60018
05 -13- 200 -016
Randy R. IlepBz
11 N921 N Russell Road
Elgin, Illinois 60123
05-13-200-017
Chicago Tide and Trust Co.
Trust No. 1101295
171 North Clark Street, ML09LT
Chicago, Illinois 60601 -3294
05-13-200-018
Leland E. & Ellen C. Specketer
128 South Weston
Elgin, Illinois 60123
05 -13- 200 -019
Wyndham Deenpoint
605 L1ndsay Circle
North Aurora, Illinois 60542
13- 200023
Wilma H. and Vanessa F. Gray
®05-
11 N883 Russell Road
Elgin, Illnois 60123
05- 13400009
Edward & Doris Starks
11 N715 Russell Road
Elgin, Illinois 60123
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GENERAL NOTES
1. un a , wlly "It, - .p , Ips uE !. IFyYraNl. Im my dmvap.
2.
TI- ru -• >IRII ..N NI rbtlq KIrtt Y> wLyme>f mtl p>rlral uAr>re �PIIOYIa.
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md^mY mYrwact f W v —,
4, fla Id ryad Ynw ee for cw mb v smmlwz mly- TF Qnl a kn moil rtrlh dl
nMatN and >uply auflfumt msbfeh b renpbb EER lab Wr PIm.
5. Wart awl Rw4— q NrrVem EAmdvY br Mnvy llk d Sbte M III mI Hmtblt.
5bdards• s —, n,niw,, •gii•v ..
G. TEm Iv JwgPp amhk rrarvaa I rlyb b ImEmA 1— W ahrvK illmr N alw N
p " m at I. Wee MERIT, la --pl— wnx MryfNnVpta cep roinv, a!6 vd yllelny.
T. TER Iogaarp anM1hM fw . YP rIGM b ia„4l b6crya nralafd m Nb w'tIan A.
pllM : MxmIW m Place.
e. PII WI. •bl br P, . . , 11- Iw.i>rvw Ma' wd ap<LPwlaa, PIm <FV rv! fa.M b b.
m vnMRn- 6w1 k eemaaed mnERt a nE a Erm apae, w tin w
5. F proa>, FrilY a'd W /a»E all d'YmW vv wRM1n tN an>twc4m
All — atoll A. awrakWly eg still nM pmtl ry puddle_
10. NIwv P—tp bab n E a®• IFa w4Ma >Ml p•gld. v wllwWed !y.
ttUkx all aMb tit W Nx IYe ith..
It Fm R— V -0P dice. mu4A ^n6 t� �•a aaialiry Wff
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u En a W. wR vY .0w .1" dl ttdv avvllcEbla w tlTa uqt.
14. All trtw "I mtdMaF 5 f a EtNakn Iran mY IAIIItw.
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DRAWING INDEX
SHEET PAGE TITLE
Cl 1 COVER SHEET
GDl 2 GRADING AND DRAINAGE PLAN
SWl 3 SANITARY AND WATER PLAN
I
I �RWA
fi0'RI N EERUF
CL
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TYPICAL PAV®IBNT SECTTON — LOCAL SIRESPS (PUBLIC AND PRRATE)
® ,.s• BINNlxous LGNCRETE aFFAOI CW16E, CM 541ERPAYE IL-IM a. R]s
® 1.5• MO.NGUS CONGEIE a. COURSE. I. 9UF£ . IL 1RA .
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NNE TIFF$ NE N PE 1. W C-a . TIE SIRLET N TIE PMXXAY
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Q ;5' FINNINWS CONCRETE SUNKE COURS[ II 5UPEGP Ae R -13.y AND
® nUNIMY9 CONCRETE .1. COUI MGR SUPENPATf IL -19.5. AND
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® 1.5 1111 CONCRETE PURFACE Ca 11. 11 YAFT1 IL -19.5. 150
® 5• NUMINOUS CaCRETE SURFAB COURSE. 1. SUPERI IL -19.5, X'A
® 6.0' MGeMW I15 DOW. aINBFR COURSE, leaf SUPERPAYE IL- 19.O.XSO
® A" CRUSXED .AGNINA E SU8 -ASE N. a.
® cOUVPCIEO wxMDE
.L
PRELIMINARY PLANS
FOR
TALL OAFS = UNIT 4
ELGIN, ILLINOIS
OAKS
LOCATION MAP
or TO SGLC
GENERAL
1. ALL CONSTRUCTION SHALL CONFORM TO MNCIBLE SECTIONS
OF THE STANDARD SPEGFlARONS FOR ROAD AND BRIDGE
2.
3,
9.
5
6.
VERIFIE) Br COMRKEOR PRIOR TO CONSIRLCTION.
7. PROPOSCO ELEVAPONS AND GRADING, PROPOSED NILIIY SUB
AND LOCKLONS, AS WELL AS P.PoPoSED SEC110N5 AND DUMB
SHOWN HERON ARE SCHCAADC AND PRELIMINAW N HAIDRE
AND ARE WI TO REVISION AT FINE TIME Of ANAL
ENGINEERING.
B. REM YARD TRUE MAY BE REOURED AT TIME OF FINAL
ENGINEERING IN COWURKTMN WITH FINAL SRI GWPG DESIGN.
DESIGN AND LOCATION SHALL BE RENENED AND APPRMED V THE
CIN ENGINEER,
9. APPROPRIATE EASEMENTS FOR ALL UTILOIES MALL ESE PROVIDED
AT THE TIME OF FINAL FNGWEFRING NA SWIl BE REFLf[RD
ON ME FINAL PVT OF BURBAN V.
10. CURB RETURNS NS TO HIVE 1'5 W—fff UNLESS NOTED
OTHERWISE,
11. STREET SIGNS SHALL BE FUNDED AT EACH INIERSECNGE.
13. NEW DITCHES AND DETENTION AREAS SHALL BE SEEDED.
EYCEPT AS NOTED OTHERWISE. SCO REQUIRED IN NL PARMAY
AREAS.
13. WON EASEMENTS, COY FASEMENIS GF OUTSIDE SHAL BE
PR%9DN FOR CITY OWNED AND MWANED ANDES NE
ACCORDANCE NTM APPLICABLE ON OF ELGIN SPECIFICATIONS
AND ORDINANCES. STC M ATEH MANAGEMENT EASEMENTS FOR
OWENTION /STORMNATER FPLMIES AND (NERVND ROW
NTUTES SHALL BE PROVIDED PER CM OF ELGIN STANDARD
SPECIFKSWONS AND ORDINANCE AT FINAL ENGINEERING.
11. STORM SENCES SHALL PL RWWCED FISH ALL LOTS. STORM
SERVICES SHALL DISCHARGE INTO A STORM SIRUCNRE OR OVER
VINO TO DETENTION MIND MANCENT TO THE WITS 4
APPROMW Of THE CNY ENGINEER.
15. ALL SIDEWALKS ME TO BE CONCRETE AND TAW NAIVE AT
WIERSECTONS WIN STRIPS THAT MEET THE 'RUMORS
NXISSIBUN CODE' REOGAEMENTS.
I6. ALL HDR&NT AND VALVE LOCATIONS AS WELL AS STORM,
SANNA" AND WATER "IN SUING TO BE DETERMINED DURING
FINAL ENGNEERING.
D. WERE PRNAIE STREDS INTERSECT PUBLIC AREEIS, DEPRESSED
CURB WTLL BE INCANTED ACROSS THE OPEMLIG AS WELL AS A
CONCRETE APRON FOR THE FIRST 10' OF THE PRIMATE STREET.
IN THE DETENTION WIN IN UNIT 3 WILL EE RECONSTRUCTED TO
ADDRESS THE DETEMUN REOUIREMENTS CF DNO A F HECESSARt
TALL OAKS PHASE MAP
NOr r0 KALE
WYNDHAM DEERPOINT
630 -966 -1000 FAx 630 -966 -1006
604 LINDSAY CIRCLE, NORTH AURORA, IL 60542
WYNDHAMDEERPOI NT.COM
LEGEND
PROPOSED
DESCRIPTION EXISTING
—( —C—
STORM SEWER
—w—
WATER WAN RUN SIZE
—
6VNFNN SENIOR
—__—
RICM -Cf -Mr
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0.+MWfl
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O
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UNDERGROUND DECIPoC
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0
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TOP CP FOUNDATION
N
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R-
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R
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NRL /MTL
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WARNING
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EFEGINFD
1WNOR P. RATED.
PH: (6b) 85R -1690
FOUR: 1PAIELMM➢C.CW
IWNDIS REGISTRATION 0. 062 - 019673
EYNRES 11/30/2007
EXHIBIT
JACOB & HEFNER ASSOCIATES, P.C.
ENGINEERS • SURVEYORS
1901 South Meyers Rd., Suite 350
Oakbrook Terrace, IL 60181
(630) 652 -4600 FAX (630) 652 -4601
4
REVISED PER CITY
OIMY07
3
REVISED PER CITY
27MARO7
2
REVISED PER CITY
16,LA07
1
REVISED PER Cltt
02NOV06
Original Plan Dote
09FEE07
No.
Descrlptlon
Dote
REVISIONS
EFEGINFD
1WNOR P. RATED.
PH: (6b) 85R -1690
FOUR: 1PAIELMM➢C.CW
IWNDIS REGISTRATION 0. 062 - 019673
EYNRES 11/30/2007
EXHIBIT
JACOB & HEFNER ASSOCIATES, P.C.
ENGINEERS • SURVEYORS
1901 South Meyers Rd., Suite 350
Oakbrook Terrace, IL 60181
(630) 652 -4600 FAX (630) 652 -4601
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