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11-119 Unsigned Resolution No. 11-119 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOMES CORPORATION (Edgewater) WHEREAS,the Owner of certain property commonly known as the Edgewater Subdivision at 2700 Bowes Road,Elgin,Illinois has proposed that the annexation agreement between the Owner and the City of Elgin 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 Second Amendment to Annexation Agreement with Pulte Homes Corporation is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute,on behalf of the City of Elgin,the Second Amendment to Annexation Agreement with Pulte Homes Corporation, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 13, 2011 Adopted: July 13, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • Fully executed agreement was never provided to the City Clerk's Office. Resolution No. 11-119 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOMES CORPORATION (Edgewater) WHEREAS,the Owner of certain property commonly known as the Edgewater Subdivision at 2700 Bowes Road,Elgin,Illinois has proposed that the annexation agreement between the Owner and the City of Elgin 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 Second Amendment to Annexation Agreement with Pulte Homes Corporation is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute,on behalf of the City of Elgin,the Second Amendment to Annexation Agreement with Pulte Homes Corporation, a copy of which is attached hereto. or ONE°01 D A for. p.� of " rt cJ M Came in Telephoned El Returned your call ❑ ❑ Will call again ❑ Please return the call ❑ See me I ��rx-01 loaszew._ ` . '',, Phone: Date l ' A\- Time — By -------- • SECOND AMENDMENT TO ANNEXATION AGREEMENT (EDGEWATER) THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT ("Amendment"), made and entered into as of the 13th day of July, 2011, by and between THE CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Kane and Cook, State of Illinois (the "City") and PULTE HOMES CORPORATION, a Michigan Corporation("Developer " and "Owner") WITNESSETH WHEREAS, Owner and the City executed an Annexation Agreement dated June 11, 2003 which has been subsequently amended, (the "Agreement"); and WHEREAS, Owner desires to amend Exhibit "C-2" attached to and made a part of the Agreement with respect to allowing certain accessory structures to encroach into the rear building setback for certain lots backing up to permanent open space within the subdivision; and WHEREAS, the City desires to accommodate Owner's desire to so amend such Exhibit "C-2": and WHEREAS, the City has held the public hearings on the proposed amendment to the annexation agreement and the proposed PSFR2 zoning ordinances as required by law NOW, THEREFORE, for and inconsideration of the premises and the mutual promises and agreements herein contained and pursuant to the authority and conditions given and contained in the statutes of the State of Illinois, the parties 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 5/11-15.1-1 et. seq.) and in the exercise of the home rule power of the City. B. Exhibit "C-2" of the Agreement, being the PSF2 Planned Single Family Residential District ordinance, is hereby amended as set forth in Exhibit 1 attached hereto and made a part hereof by this reference. The City agrees to adopt said amended PSFR2 Planned Single Family Residential District ordinance within thirty (30) days following the entry into and execution of this amendment. C. In the event of any conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. In all other respects, the Agreement shall remain in full force and effect as originally written and as amended. CITY OF ELGIN By: Mayor ATTEST: By: City Clerk PULTE HOMES CORPORATION. a Michigan Corporation, By: Its: F:\Legal Dept\Agreement\Annexation-Pulte-2nd Amend-Edgewater-2700 Bowes-clean-7-7-11.docx - 2 - Ordinance No. Gxx-11 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G40-05 (Edgewater Subdivision- 2700 Bowes Road) WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District,pursuant to Ordinance No. G40-05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G40-05; 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 concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 16, 2011, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District", passed March 9, 2005, be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 3. That the Official Zoning District Map as incorporated into the Elgin Municipal Code by, Section 19.07.600 of said Code is hereby amended to include in the PSFR2 Planned Single Family Residence District, the following described property: THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF SECTION 28 ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO. 708600 WITH A LINE THAT IS 260.0 FEET Exhibit 1 EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 587.00 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 375.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF- WAY LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO THE POINT OF BEGINNING); (ALSO EXCEPTING THEREFROM EVERYTHING LYING SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN KANE COUNTY, ILLINOIS. TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF); (ALSO EXCEPTING THEREFROM EVERYTHING LYING SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING 6 PARCELS PARCEL 1: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 23.00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 34 MINUTES 54 SECONDS WEST, 325.55 FEET; THENCE SOUTH 82 DEGREES 12 MINUTES 42 SECONDS WEST, 105.00 FEET; THENCE SOUTH 62 DEGREES 57 MINUTES 12 SECONDS WEST, 105.73 FEET; THENCE SOUTH 47 DEGREES 45 MINUTES 51 SECONDS WEST, 105.73 FEET; THENCE SOUTH 33 DEGREES 12 MINUTES 56 SECONDS WEST, 105.90 FEET; THENCE SOUTH 12 DEGREES 41 MINUTES 24 SECONDS WEST, 793.85 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES 37 SECONDS - 2 - WEST, 85.73 FEET; THENCE SOUTH 03 DEGREES 10 MINUTES 16 SECONDS EAST, 215.52 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 125.00 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 5.50 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 898.73 FEET; THENCE SOUTH 34 DEGREES 40 MINUTES 58 SECONDS EAST, 83.63 FEET; THENCE SOUTH 50 DEGREES 27 MINUTES 54 SECONDS EAST, 109.62 FEET; THENCE SOUTH 73 DEGREES 02 MINUTES 17 SECONDS EAST, 81.60 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 639.51 FEET TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 40.77 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 54 MINUTES 05 SECONDS WEST, 84.00 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 150.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 45.96 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 90.54 FEET ALONG SAID PARALLEL LINE TO A POINT OF CURVATURE; THENCE WESTERLY 959.16 FEET ALONG THE ARC OF A CURVE 60.00 FEET NORTH OF AND CONCENTRIC WITH SAID CENTERLINE, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE NORTHERLY, HAVING A RADIUS OF 68,694.90 FEET, A CHORD BEARING SOUTH 89 DEGREES 13 MINUTES 00 SECONDS WEST, AND A CHORD DISTANCE OF 959.15 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST, 1 15.70 FEET ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 474.46 FEET ALONG SAID WEST LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 77.65 FEET ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 19 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE - 3 - NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 356.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 592.13 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 447.58 FEET; THENCE NORTH 54 DEGREES 34 MINUTES 42 SECONDS WEST, 620.09 FEET; THENCE NORTH 77 DEGREES 18 MINUTES 36 SECONDS WEST, 98.77 FEET; THENCE NORTH 12 DEGREES 41 MINUTES 24 SECONDS EAST, 73.62 FEET; THENCE SOUTH 77 DEGREES 18 MINUTES 36 SECONDS EAST, 106.08 FEET; THENCE SOUTH 44 DEGREES 16 MINUTES 56 SECONDS EAST, 47.62 FEET; THENCE SOUTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, 66.58 FEET; THENCE SOUTH 54 DEGREES 27 MINUTES 39 SECONDS EAST, 66.58 FEET; THENCE SOUTH 70 DEGREES 24 MINUTES 23 SECONDS EAST, 66.58 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 06 SECONDS EAST, 66.58 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 49 SECONDS EAST, 98.11 FEET; THENCE NORTH 46 DEGREES 25 MINUTES 05 SECONDS EAST, 134.61 FEET; THENCE NORTH 23 DEGREES 31 MINUTES 59 SECONDS EAST, 59.20 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: - 4 - COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 868.25 FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE POINT OF BEGINNING; THENCE SOUTH 60 DEGREES 30 MINUTES 27 SECONDS EAST, 114.36 FEET; THENCE SOUTH 62 DEGREES 45 MINUTES 22 SECONDS EAST, 102.63 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 439.07 FEET; THENCE NORTH 61 DEGREES 39 MINUTES 47 SECONDS EAST, 102.43 FEET; THENCE NORTH 39 DEGREES 18 MINUTES 38 SECONDS EAST, 100.97 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 65.04 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 93.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 112.00 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 25.97 FEET; THENCE SOUTH 23 DEGREES 56 MINUTES 15 SECONDS WEST, 212.21 FEET; THENCE SOUTH 33 DEGREES 51 MINUTES 38 SECONDS WEST, 44.07 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 37 SECONDS WEST, 43.58 FEET; THENCE SOUTH 79 DEGREES 40 MINUTES 52 SECONDS WEST, 44.31 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 453.75 FEET; THENCE SOUTH 79 DEGREES 09 MINUTES 06 SECONDS WEST, 59.66 FEET; THENCE SOUTH 66 DEGREES 22 MINUTES 53 SECONDS WEST, 59.83 FEET; THENCE SOUTH 57 DEGREES 48 MINUTES 11 SECONDS WEST, 59.83 FEET; THENCE SOUTH 49 DEGREES 13 MINUTES 29 SECONDS WEST, 59.83 FEET; THENCE SOUTH 40 DEGREES 01 MINUTES 47 SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 13 MINUTES 05 SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 20 MINUTES 00 SECONDS WEST, 70.51 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 422.24 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, THE SOUTHEAST QUARTER OF SECTION 20, AND THE EAST HALF OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 88 DEGREES - 5 - 34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST ALONG SAID LINE, 1,322.06 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 19 MINUTES 55 SECONDS EAST, 848.13 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 31 MINUTES 42 SECONDS EAST, 27.68 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS WEST, 40.28 FEET; THENCE SOUTH 63 DEGREES 47 MINUTES 05 SECONDS WEST, 99.52 FEET; THENCE SOUTH 53 DEGREES 04 MINUTES 48 SECONDS WEST, 56.58 FEET; THENCE SOUTH 42 DEGREES 46 MINUTES 31 SECONDS WEST, 56.58 FEET; THENCE SOUTH 32 DEGREES 28 MINUTES 13 SECONDS WEST, 56.58 FEET; THENCE SOUTH 22 DEGREES 09 MINUTES 56 SECONDS WEST, 85.68 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 13 SECONDS EAST, 293.87 FEET; THENCE SOUTH 19 DEGREES 32 MINUTES 20 SECONDS EAST, 287.41 FEET; THENCE NORTH 65 DEGREES 58 MINUTES 12 SECONDS EAST, 118.85 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 91.62 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING NORTH 77 DEGREES 53 MINUTES 59 SECONDS EAST, AND A CHORD DISTANCE OF 90.95 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 47 SECONDS EAST, 334.47 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 154.86 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING SOUTH 70 DEGREES 00 MINUTES 18 SECONDS EAST, AND A CHORD DISTANCE OF 151.68 FEET; THENCE SOUTH 40 DEGREES 37 MINUTES 25 SECONDS WEST, 210.65 FEET; THENCE SOUTH 28 DEGREES 34 MINUTES 11 SECONDS WEST, 71.38 FEET; THENCE SOUTH 19 DEGREES 00 MINUTES 58 SECONDS WEST, 59.08 FEET; THENCE SOUTH 08 DEGREES 32 MINUTES 38 SECONDS WEST, 85.09 FEET; THENCE SOUTH 03 DEGREES 43 MINUTES 37 SECONDS EAST, 83.79 FEET; THENCE SOUTH 16 DEGREES 52 MINUTES 52 SECONDS EAST, 110.65 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE WESTERLY 23.65 FEET ALONG THE ARC OF SAID NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 580.00 FEET, A CHORD BEARING SOUTH 87 DEGREES 56 MINUTES 59 SECONDS WEST, AND A CHORD DISTANCE OF 23.65 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 05 SECONDS WEST, 42.52 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 55 SECONDS EAST, 162.00 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT A; THENCE NORTH 89 DEGREES 07 MINUTES 05 SECONDS EAST, 66.56 FEET; THENCE NORTH 86 DEGREES 24 MINUTES 36 SECONDS EAST, - 6 - 74.32 FEET; THENCE NORTH 78 DEGREES 40 MINUTES 29 SECONDS EAST, 74.41 FEET; THENCE NORTH 72 DEGREES 57 MINUTES 00 SECONDS EAST, 74.41 FEET; THENCE NORTH 67 DEGREES 50 MINUTES 28 SECONDS EAST, 58.41 FEET; THENCE NORTH 63 DEGREES 20 MINUTES 52 SECONDS EAST, 58.41 FEET; THENCE NORTH 58 DEGREES 51 MINUTES 17 SECONDS EAST, 58.41 FEET; THENCE NORTH 54 DEGREES 21 MINUTES 41 SECONDS EAST, 58.41 FEET; THENCE NORTH 49 DEGREES 15 MINUTES 09 SECONDS EAST, 74.41 FEET; THENCE NORTH 43 DEGREES 30 MINUTES 24 SECONDS EAST, 74.95 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 64.53 FEET; THENCE NORTH 38 DEGREES 47 MINUTES 44 SECONDS EAST, 94.04 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 207.75 FEET; THENCE NORTH 33 DEGREES 30 MINUTES 53 SECONDS EAST, 72.22 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 02 SECONDS EAST, 72.21 FEET; THENCE NORTH 24 DEGREES 56 MINUTES 16 SECONDS EAST, 72.21 FEET; THENCE NORTH 20 DEGREES 33 MINUTES 31 SECONDS EAST, 72.21 FEET; THENCE NORTH 16 DEGREES 10 MINUTES 45 SECONDS EAST, 72.21 FEET; THENCE NORTH 11 DEGREES 48 MINUTES 00 SECONDS EAST, 72.21 FEET; THENCE NORTH 10 DEGREES 28 MINUTES 49 SECONDS EAST, 72.46 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 05 SECONDS WEST, 248.01 FEET; THENCE NORTH 88 DEGREES 19 MINUTES 55 SECONDS EAST, 312.37 FEET; THENCE NORTH 69 DEGREES 59 MINUTES 11 SECONDS EAST, 77.38 FEET; THENCE NORTH 54 DEGREES 23 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 41 DEGREES 45 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 29 DEGREES 07 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 17 DEGREES 26 MINUTES 50 SECONDS EAST, 52.92 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 49 SECONDS WEST, 134.49 FEET TO A POINT ON A LINE 23.00' WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE CONTINUING ALONG SAID PARALLEL LINE, 384.62 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 05 SECONDS EAST, 23.00 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 384.00 FEET ALONG SAID EAST LINE TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 22 MINUTES 41 SECONDS EAST, 260.00 FEET ALONG SAID NORTH LINE TO A POINT ON A LINE 260.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 2,054.87 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 375.00 FEET; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 560.00 FEET TO A POINT ON A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00 - 7 - SECONDS WEST ALONG SAID PARALLEL LINE, 3,854.19 FEET ALONG SAID PARALLEL LINE TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 86.48 FEET ALONG SAID WEST LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 841.07 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 41 SECONDS EAST, 88.07 FEET; THENCE NORTH 42 DEGREES 17 MINUTES 28 SECONDS EAST, 78.45 FEET; THENCE NORTH 22 DEGREES 39 MINUTES 09 SECONDS EAST, 78.45 FEET; THENCE NORTH 04 DEGREES 33 MINUTES 00 SECONDS EAST, 68.79 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 188.99 FEET; THENCE NORTH 31 DEGREES 26 MINUTES 23 SECONDS WEST, 93.19 FEET; THENCE NORTH 49 DEGREES 47 MINUTES 33 SECONDS WEST, 80.15 FEET; THENCE NORTH 65 DEGREES 53 MINUTES 04 SECONDS WEST, 81.18 FEET; THENCE NORTH 60 DEGREES 12 MINUTES 07 SECONDS EAST, 80.84 FEET; THENCE NORTH 47 DEGREES 37 MINUTES 29 SECONDS EAST, 78.45 FEET; THENCE NORTH 27 DEGREES 59 MINUTES 10 SECONDS EAST, 78.45 FEET; THENCE NORTH 08 DEGREES 25 MINUTES 59 SECONDS EAST, 77.78 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 185.90 FEET; THENCE NORTH 30 DEGREES 21 MINUTES 49 SECONDS WEST, 90.13 FEET; THENCE NORTH 22 DEGREES 45 MINUTES 15 SECONDS WEST, 107.16 FEET; THENCE NORTH 43 DEGREES 02 MINUTES 15 SECONDS EAST, 75.67 FEET; THENCE NORTH 55 DEGREES 18 MINUTES 35 SECONDS EAST, 67.76 FEET; THENCE NORTH 46 DEGREES 09 MINUTES 43 SECONDS EAST, 59.83 FEET; THENCE NORTH 33 DEGREES 02 MINUTES 22 SECONDS EAST, 59.66 FEET; THENCE NORTH 23 DEGREES 56 MINUTES 15 SECONDS EAST, 298.71 FEET; THENCE NORTH 52 DEGREES 21 MINUTES 56 SECONDS WEST, 106.78 FEET; THENCE NORTH 70 DEGREES 46 MINUTES 12 SECONDS WEST, 62.50 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 203.90 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 79.87 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 112.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 169.98 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 06 SECONDS WEST, 390.44 FEET; THENCE NORTH 42 DEGREES 23 MINUTES 21 SECONDS WEST, 85.43 FEET; THENCE NORTH 63 DEGREES 18 MINUTES 38 SECONDS WEST, 61.73 FEET; THENCE SOUTH 88 DEGREES 34 MINUTES 54 SECONDS WEST, 194.80 FEET; THENCE SOUTH 34 DEGREES 43 MINUTES 29 SECONDS WEST, 125.25 FEET; THENCE SOUTH 06 DEGREES 39 MINUTES 09 SECONDS WEST, 84.89 FEET; THENCE SOUTH 21 DEGREES 25 MINUTES 12 SECONDS EAST, 84.89 FEET; THENCE SOUTH 49 DEGREES 29 MINUTES 33 SECONDS EAST, 107.82 FEET; THENCE SOUTH 01 DEGREES 25 MINUTES 06 SECONDS EAST, 70.91 FEET; THENCE SOUTH 29 DEGREES 29 MINUTES 50 SECONDS WEST, 80.00 FEET; THENCE SOUTH 60 - 8 - DEGREES 30 MINUTES 10 SECONDS EAST, 118.86 FEET; THENCE SOUTH 29 DEGREES 29 MINUTES 50 SECONDS WEST, 90.37 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 164.38 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 112.00 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 799.04 FEET; THENCE NORTH 75 DEGREES 43 MINUTES 41 SECONDS WEST, 107.22 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 28.08 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. EXCEPTING FROM EXCEPTION PARCEL 4 THE FOLLOWING DESCRIBED PROPERTY COMMENCING AT AFORESAID POINT A; THENCE SOUTH 20 DEGREES 49 MINUTES 19 SECONDS EAST, 96.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 29 MINUTES 28 SECONDS EAST, 53.90 FEET; THENCE NORTH 80 DEGREES 38 MINUTES 04 SECONDS EAST, 44.10 FEET; THENCE NORTH 78 DEGREES 03 MINUTES 49 SECONDS EAST, 44.10 FEET; THENCE NORTH 75 DEGREES 29 MINUTES 34 SECONDS EAST, 44.10 FEET; THENCE NORTH 72 DEGREES 55 MINUTES 19 SECONDS EAST, 44.10 FEET; THENCE NORTH 70 DEGREES 10 MINUTES 47 SECONDS EAST, 49.98 FEET; THENCE NORTH 67 DEGREES 15 MINUTES 58 SECONDS EAST, 49.98 FEET; THENCE NORTH 64 DEGREES 21 MINUTES 09 SECONDS EAST, 49.98 FEET; THENCE NORTH 61 DEGREES 26 MINUTES 20 SECONDS EAST, 49.98 FEET; THENCE NORTH 58 DEGREES 31 MINUTES 31 SECONDS EAST, 49.98 FEET; THENCE NORTH 54 DEGREES 33 MINUTES 48 SECONDS EAST, 48.87 FEET; THENCE NORTH 47 DEGREES 36 MINUTES 27 SECONDS EAST, 42.65 FEET; THENCE NORTH 41 DEGREES 34 MINUTES 13 SECONDS EAST, 43.74 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 195.00 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 15 SECONDS EAST, 50.00 FEET; THENCE NORTH 38 DEGREES 43 MINUTES 54 SECONDS EAST, 61.00 FEET; THENCE NORTH 35 DEGREES 03 MINUTES 08 SECONDS EAST, 49.82 FEET; THENCE NORTH 31 DEGREES 44 MINUTES 38 SECONDS EAST, 49.82 FEET; THENCE NORTH 26 DEGREES 31 MINUTES 58 SECONDS EAST, 274.79 FEET; THENCE NORTH 27 DEGREES 36 MINUTES 29 SECONDS EAST, 50.92 FEET; THENCE NORTH 31 DEGREES 33 MINUTES 15 SECONDS EAST, 51.39 FEET; THENCE NORTH 35 DEGREES 32 MINUTES 59 SECONDS EAST, 51.39 FEET; THENCE NORTH 39 DEGREES 32 MINUTES 44 SECONDS EAST, 51.39 FEET; THENCE NORTH 42 DEGREES 37 MINUTES 15 SECONDS EAST, 27.72 FEET; THENCE NORTH 45 DEGREES 40 MINUTES 23 SECONDS EAST, 50.79 FEET; THENCE NORTH 49 DEGREES 37 MINUTES 19 SECONDS EAST, 50.79 FEET; THENCE - 9 - NORTH 53 DEGREES 34 MINUTES 16 SECONDS EAST, 50.79 FEET; THENCE NORTH 57 DEGREES 31 MINUTES 13 SECONDS EAST, 50.79 FEET; THENCE NORTH 61 DEGREES 28 MINUTES 10 SECONDS EAST, 50.79 FEET; THENCE NORTH 65 DEGREES 25 MINUTES 07 SECONDS EAST, 50.79 FEET; THENCE NORTH 69 DEGREES 22 MINUTES 03 SECONDS EAST, 50.79 FEET; THENCE NORTH 73 DEGREES 19 MINUTES 00 SECONDS EAST, 50.79 FEET; THENCE NORTH 14 DEGREES 42 MINUTES 31 SECONDS WEST, 12.21 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 53 SECONDS WEST, 96.07 FEET; THENCE NORTH 14 DEGREES 41 MINUTES 40 SECONDS EAST, 84.20 FEET; THENCE NORTH 45 DEGREES 43 MINUTES 14 SECONDS EAST, 70.50 FEET; THENCE NORTH 77 DEGREES 31 MINUTES 50 SECONDS EAST, 127.53 FEET; THENCE SOUTH 69 DEGREES 23 MINUTES 11 SECONDS EAST, 71.06 FEET; THENCE SOUTH 45 DEGREES 57 MINUTES 28 SECONDS EAST, 71.06 FEET; THENCE SOUTH 26 DEGREES 16 MINUTES 34 SECONDS EAST, 48.51 FEET; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 1154.66 FEET; THENCE SOUTH 08 DEGREES 35 MINUTES 28 SECONDS WEST, 77.67 FEET; THENCE SOUTH 15 DEGREES 18 MINUTES 16 SECONDS WEST, 77.54 FEET; THENCE SOUTH 22 DEGREES 21 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 28 DEGREES 34 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 34 DEGREES 47 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 40 DEGREES 59 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 47 DEGREES 12 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 53 DEGREES 25 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 59 DEGREES 37 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 65 DEGREES 50 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 72 DEGREES 03 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 78 DEGREES 43 MINUTES 12 SECONDS WEST, 111.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 62.05 FEET ALONG THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 510.00 FEET, A CHORD BEARING SOUTH 12 DEGREES 55 MINUTES 48 SECONDS WEST AND A CHORD DISTANCE OF 62.01 FEET; THENCE SOUTH 73 DEGREES 35 MINUTES 04 SECONDS EAST, 112.00 FEET; THENCE SOUTH 18 DEGREES 50 MINUTES 23 SECONDS WEST, 120.23 FEET; THENCE SOUTH 58 DEGREES 07 MINUTES 00 SECONDS EAST, 91.96 FEET; THENCE SOUTH 22 DEGREES 42 MINUTES 52 SECONDS EAST, 119.51 FEET; THENCE SOUTH 16 DEGREES 30 MINUTES 56 SECONDS WEST, 119.51 FEET; THENCE SOUTH 45 DEGREES 52 MINUTES 07 SECONDS WEST, 60.22 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 19 SECONDS WEST, 119.51 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 53 SECONDS WEST, 119.51 FEET; THENCE NORTH 33 DEGREES 31 MINUTES 03 SECONDS WEST, 70.13 FEET; THENCE SOUTH 65 DEGREES 58 MINUTES 34 SECONDS WEST, 60.45 FEET; THENCE SOUTH 65 DEGREES 19 MINUTES 09 SECONDS - 10 - WEST, 59.78 FEET; THENCE SOUTH 70 DEGREES 49 MINUTES 42 SECONDS WEST, 59.78 FEET; THENCE SOUTH 76 DEGREES 20 MINUTES 15 SECONDS WEST, 59.78 FEET; THENCE SOUTH 81 DEGREES 50 MINUTES 47 SECONDS WEST, 59.78 FEET; THENCE SOUTH 87 DEGREES 07 MINUTES 57 SECONDS WEST, 57.26 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 936.83 FEET; THENCE NORTH 78 DEGREES 27 MINUTES 36 SECONDS WEST, 85.72 FEET; THENCE NORTH 69 DEGREES 03 MINUTES 51 SECONDS WEST, 49.14 FEET; THENCE NORTH 60 DEGREES 04 MINUTES 25 SECONDS WEST, 67.48 FEET; THENCE NORTH 49 DEGREES 39 MINUTES 59 SECONDS WEST, 67.48 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 32 SECONDS WEST, 67.48 FEET; THENCE NORTH 28 DEGREES 51 MINUTES 06 SECONDS WEST, 67.48 FEET; THENCE NORTH 18 DEGREES 26 MINUTES 40 SECONDS WEST, 67.48 FEET; THENCE NORTH 08 DEGREES 10 MINUTES 03 SECONDS WEST, 67.49 FEET; THENCE NORTH 01 DEGREES 11 MINUTES 00 SECONDS WEST, 309.65 FEET; THENCE NORTH 07 DEGREES 18 MINUTES 38 SECONDS WEST, 42.88 FEET; THENCE NORTH 27 DEGREES 39 MINUTES 48 SECONDS WEST, 42.88 FEET; THENCE NORTH 51 DEGREES 52 MINUTES 03 SECONDS EAST, 112.00 FEET; THENCE NORTH 28 DEGREES 50 MINUTES 04 SECONDS EAST, 53.52 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 06 SECONDS EAST, 104.74 FEET; THENCE NORTH 82 DEGREES 25 MINUTES 28 SECONDS EAST, 70.29 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 09 SECONDS EAST, 203.22 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 45 SECONDS EAST, 48.11 FEET; THENCE NORTH 86 DEGREES 38 MINUTES 00 SECONDS EAST, 53.90 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 49 MINUTES 24 SECONDS WEST, 60.01 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 521.54 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 25.00 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 49 SECONDS WEST, 112.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 420.16 FEET; - 11 - THENCE SOUTH 54 DEGREES 25 MINUTES 18 SECONDS EAST, 147.97 FEET; THENCE SOUTH 32 DEGREES 02 MINUTES 52 SECONDS WEST, 55.18 FEET; THENCE SOUTH 03 DEGREES 27 MINUTES 02 SECONDS WEST, 158.72 FEET; THENCE SOUTH 03 DEGREES 56 MINUTES 23 SECONDS EAST, 168.10 FEET; THENCE SOUTH 38 DEGREES 03 MINUTES 58 SECONDS EAST, 63.59 FEET; THENCE NORTH 51 DEGREES 56 MINUTES 02 SECONDS EAST, 115.00 FEET; THENCE SOUTHEASTERLY 68.15 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 75.00 FEET, A CHORD BEARING SOUTH 64 DEGREES 05 MINUTES 54 SECONDS EAST AND A CHORD DISTANCE OF 65.83 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 11 SECONDS EAST, 189.88 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 143.05 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 22.00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 1,040.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 233.74 FEET; THENCE SOUTH 58 DEGREES 48 MINUTES 00 SECONDS WEST, 136.33 FEET; THENCE SOUTH 36 DEGREES 59 MINUTES 19 SECONDS WEST, 57.14 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 186.32 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 298.82 FEET; THENCE NORTH 17 DEGREES 53 MINUTES 23 SECONDS EAST, 44.96 FEET; THENCE NORTH 08 DEGREES 11 MINUTES 57 SECONDS EAST, 84.89 FEET; THENCE NORTH 19 DEGREES 52 MINUTES 24 SECONDS WEST, 84.89 FEET; THENCE NORTH 47 DEGREES 56 MINUTES 45 SECONDS WEST, 84.89 FEET; THENCE NORTH 76 DEGREES 01 MINUTES 06 SECONDS WEST, 84.89 FEET; THENCE SOUTH 75 DEGREES 54 MINUTES 33 SECONDS WEST, 84.89 FEET; THENCE SOUTH 47 DEGREES 50 MINUTES 12 SECONDS WEST, 84.89 FEET; THENCE SOUTH 18 DEGREES 29 MINUTES 51 SECONDS WEST, 92.37 FEET; THENCE SOUTH 12 DEGREES 06 MINUTES 30 SECONDS EAST, 92.37 FEET; THENCE SOUTH 13 DEGREES 14 MINUTES 37 SECONDS EAST, 82.13 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 56 SECONDS EAST, 240.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS WEST, 39.15 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 16 SECONDS WEST, 18.88 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, 2,628.02 FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES 49 MINUTES 24 SECONDS EAST, 1,264.98 FEET ALONG THE NORTH LINE OF SAID EAST HALF TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. - 12 - PARCEL 6: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 356.06 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST ALONG SAID LINE, 1,745.31 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 77.65 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 20 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1,097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINING 233.623 ACRES MORE OR LESS." Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the PSFR2 Planned Single Family Residence District for the property commonly known as 2700 Bowes Road, and legally described above, which 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. 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 - 13 - 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). 14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. - 14 - 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 Elgin Zoning Ordinance with the exception that the corner wrap on each building - 15 - may be permitted to encroach up to 6 inches into the required building setback. 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 in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 3. Lot Width. In this SFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 45 linear feet, as measured at the building setback line and shall be in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 4. Setbacks - Generally. In this SFR2 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" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Arterial Street / Collector Street Setback. The minimum required setback for a building from Bowes Road or the north/south collector road shall be 100 feet. b. Front Setback. The minimum required front setback shall be 20 feet. c. Corner Side Setback. For corner lots, the minimum corner side (street) setback shall be 10 feet. d. Interior Setback. The minimum interior setback shall be 5 feet. e. Rear Setback. The minimum rear setback shall be 20 feet. The following lots shall be allowed the construction of accessory structures no greater than twelve (12) linear feet in depth and attached to the building, to encroach into the rear building setback per the requirements of the Development Administrator, in conformance with the following parameters: i. Any lot backing up to any permanent open space within the Edgewater Subdivision shall be allowed the construction of an accessory structure no greater than twelve (12) linear feet in width and twelve (12) linear feet in depth and attached to the building, to encroach into the rear building setback. ii. Any lot backing up to permanent open space greater than 400 feet in depth measured from the rear lot line and in a direction perpendicular to the rear lot line shall be allowed the construction of an accessory structure no greater than - 16 - twenty-four (24) linear feet in width and twelve (12) linear feet in depth and attached to the building, to encroach into the rear building setback. 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 subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. Balconies no greater than twelve (12) feet in depth shall be allowed to encroach into the minimum twenty (20) foot rear setback on the lots identified on the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004, as may be approved by the Development Administrator. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall be 3,272 square feet, excluding garages, basements, attics, walkouts, or similar spaces, and accessory structures attached to the principal building such as sunrooms, screened—in porches, and gazebos. 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall be 3,952 square feet, and accessory structures attached to the principal building such as sunrooms, screened—in porches, and gazebos. 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall be 900 square feet. 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be 1,400 square feet. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 2. Substantial conformance to the Preliminary Engineering Plans, prepared by Manhard Consulting, Ltd., and dated February 25, 2002, with a final revision date of June 3, 2003, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 3. Substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., and dated June 7, 2002, or modifications - 17 - thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 4. Substantial conformance to the Edgewater Version 2, In the City of Elgin, final approved plan, prepared by Pulte Home Corporation, and dated 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 5. A two (2) foot masonry return on the side elevations shall be provided on each Classic and Manor home located on the 45 foot and 50 foot wide lots as identified on the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 6. Construction of all internal roads as follows: a. Sidewalks may be four feet in width. b. B6-12 curb and gutter is permitted except in the locations of sewer where the city will require B6-18 curb and gutter. c. Right of way shall be 50 feet in width. d. Decorative street lights will be permitted versus standard street lights, subject to approval by the Engineering Division. e. Parkway trees shall be placed in front yards within a landscape easement. 7. Construction traffic shall be prohibited on College Green Drive. 8. Compliance with all applicable codes and ordinances, except as otherwise specifically provided for within the Annexation Agreement, the Preliminary Plat, the Preliminary Engineering, and this Ordinance. 9. Allow for the 5-acre property to the southeast of the subject property to be incorporated into the community at such time that the property is annexed into Elgin and redeveloped. 10. Except as hereinafter provided, at least one occupant of each occupied residence on the subject property must be 55 years of age or older (the "Qualifying Occupant") and no person under 18 years of age shall occupy or reside in any dwelling on the subject property. In the event of the death of a person who was the sole Qualifying Occupant of a dwelling on the subject property, the spouse of such Qualifying Occupant may continue to occupy the dwelling provided that the provisions of the United States Fair Housing Act, as amended, the Illinois Fair Housing Act, as amended, and the Declaration of Covenants, Conditions and Restrictions for the subject property are not violated by such occupancy. For the purposes of this section, an occupant shall not be considered a permanent occupant unless such occupant considers the dwelling to be his or her legal residence and actually resides in the dwelling on the subject property for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. No dwelling on the subject property shall be occupied by any person under the age of 18. For purposes of this section, a dwelling shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the subject property more than 21 days in any 60 day period or more than 30 days in any 12 month period. - 18 - 11. All matters set forth in that certain Annexation Agreement dated June 11, 2003, relating to the subject property. 12. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. 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. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In 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. M. 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. 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. - 19 - 0. 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. 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 sewers 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. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 20 - May 16, 2011 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 10-11 Requesting a Second Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building of Certain Properties to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. GENERAL INFORMATION Requested Action: Second Amendment to Annexation Agreement Amendment to Ordinance No. G40-05 Current Zoning: PSFR1 Planned Single Family Residence District PSFR2 Planned Single Family Residence District PCF Planned Community Facility District Existing Use: Age Restricted Single Family Residential Subdivision Property Location: 2700 Bowes Road Applicant: City of Elgin Owner: Pulte Home Corporation Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) Exhibit A Findings of Fact Planning& Development Commission Pet. 10-11 May 16, 2011 G. Location Maps and Drawings (see attached) H. Draft PSFR2 Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by the City of Elgin, requesting a second amendment to the annexation agreement and an amendment to the planned district ordinance. The property is located at 2700 Bowes Road (reference attached Exhibits A, B, C, D, and E). The Edgewater subdivision was annexed to the City of Elgin in February of 2004, as an age restricted community. The subdivision contains approximately 408 acres of land area. The developer received approval to develop the subject property with 1,068 single-family dwelling units, a clubhouse, and permanent open space. As part of the planned development, balconies no greater than 12 feet in depth were allowed to encroach into the required 20-foot rear yard building setback, on the certain lots specifically identified within the subdivision. The encroachment of balconies was restricted to lots that had topography resulting in lookout or walkout basements having elevated decks that exceeded four feet in height. Several homeowners within the subdivision have requested building permits for accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to be constructed on an existing balcony that is allowed to encroach into the required rear yard setback. The zoning ordinance allows a property owner to construct accessory structures such as a deck of up to four feet in height, or free-standing pergolas across the rear yard provided they are set back 5 feet from any interior lot line. Balconies (any deck that exceeds four feet in height) and accessory structures attached to the principal building are required to meet the standard rear yard setback, because the height and mass of these structures has a more significant impact in the rear yard and the adjoining properties. The City of Elgin is requesting approval for an amendment to the PSFR2 Planned Single Family Residence District Ordinance to permit accessory structures constructed on balconies or at grade and no greater than 12 feet in depth, to encroach into the required 20-foot rear yard building setback. Only properties backing up to permanent open space will be subject to this amendment. The maximum allowable size of an accessory structure will be 12 by 12 feet on lots backing up to open space that is up to 400 feet in depth, and 12 by 22 feet on lots backing up to permanent open space greater than 400 feet in depth. The allowed encroachment of the accessory structures attached to the building will be restricted to 484 (45%) of the 1,068 single-family detached dwellings (reference attached Exhibits F, G, H and I). 2 Findings of Fact Planning& Development Commission Pet. 10-11 May 16, 2011 FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 10-11 on May 16, 2011. The Community Development Group testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a Planned Development Review, dated May 11, 2011. The Planning and Development Commission has made the following findings: The lots within Edgewater Subdivision zoned PSFR2 Planned Single Family Residence District were designed with a 20 foot rear setback, which was a departure granted from the required 40 foot rear yard setback. The City is requesting a maximum encroachment of 12 feet into the 20 foot rear building setback for 484 lots. Of these, 387 (80%) lots back up to at least 400 feet in depth of permanent open space within the subdivision and 97 (20%) back up to greater than 400 feet in depth of permanent open space. As such, the encroachment of the accessory structures attached to the building will have a minimal impact on the surrounding built environment. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Edgewater Subdivision was approved in 2004, with a number of departures from the standard requirements of the zoning and subdivision regulations. The City is requesting the following departure from the requirements of Ordinance G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District(Edgewater Club—2700 Bowes Road)": • Section 5.e. Rear Setback. The zoning ordinance requires a rear building setback of twenty (20) linear feet from a rear lot line. The City is requesting a departure to allow accessory structures attached to the building no greater than twelve (12) feet in depth to encroach into the rear yard building setback on 484 lots. SUMMARY OF FINDINGS UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings: 3 Findings of Fact Planning& Development Commission Pet. 10-11 May 16, 2011 Positive attributes: Edgewater Subdivision, an upscale active adult community, is unique in its design such that 140 acres (34%) of the 408 acres are designed to remain as open space comprising of detention and retention ponds, wetlands, floodplains and open space. Commonly-owned open space is provided behind most homes, and a network of trails provides pedestrian access through most of the subdivision. Residential lots are designed to maximize the views to these open spaces. All 484 lots proposed to be subject to the reduction in the rear building setback, back up to permanent open space within the subdivision where the encroachment of an accessory structure attached to the building will have a minimal impact on the surrounding area. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 10-11. On a motion to recommend approval, subject to the following conditions, the vote was four (4) yes and zero (0) no: 1. The departure shall be restricted to 484 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated May 2011. 2. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission 4 ‘ OF EL J C, 4 O ` ,� Agenda Item No. City of Elgin TCDFk'6 June 22, 2011 TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager *(400!4). .� Denise Momodu, Associate Planner SUBJECT: Second Amendment to Annexation Agreement Hearing Edgewater Subdivision (Petition 10-11) PURPOSE Public Hearing Regarding a Second Amendment to the Annexation Agreement, and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building of Certain Properties to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. RECOMMENDATION The Community Development Group recommends the approval of Petition 10-11, subject to the following conditions: 1. The departure allowing for accessory structures attached to the principal building to encroach into the required rear yard setback shall be restricted to 538 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated June 2011. 2. Compliance with all applicable codes and ordinances. The Planning and Development Commission concurred with the Community Development Group and recommended the approval of Petition 10-11. On a motion to recommend approval, subject to the conditions outlined by the Community Development Group, the vote was four (4) yes and zero (0) no. Therefore, the motion to recommend approval of Petition 10-11 was adopted (reference the Findings of Fact and Transcripts dated May 16, 2011, and the proposed Second Amendment to Annexation Agreement). Mayor and Members of City Council June 22, 2011 Page 2 BACKGROUND An application has been filed by the City of Elgin, requesting a second amendment to the annexation agreement and an amendment to the planned district ordinance. The property is located at 2700 Bowes Road. The Edgewater subdivision was annexed to the City of Elgin in February of 2004, as an age restricted community. The subdivision contains approximately 408 acres of land area. The developer received approval to develop the subject property with 1,068 single-family dwelling units, a clubhouse, and permanent open space. As part of the planned development, balconies no greater than 12 feet in depth were allowed to encroach into the required 20-foot rear yard building setback, on the certain lots specifically identified within the subdivision. The encroachment of balconies was restricted to lots that had topography resulting in lookout or walkout basements having elevated decks that exceeded four feet in height. Several homeowners within the subdivision have requested building permits for accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to be constructed on an existing balcony that is allowed to encroach into the required rear yard setback. The zoning ordinance allows a property owner to construct accessory structures such as a deck of up to four feet in height, or free-standing pergolas across the rear yard provided they are set back 5 4811) feet from any interior lot line. Balconies (any deck that exceeds four feet in height) and accessory structures attached to the principal building are required to meet the standard rear yard setback, because the height and mass of these structures has a more significant impact in the rear yard and the adjoining properties. Only properties backing up to permanent open space will be subject to this amendment. The maximum allowable size of an accessory structure will be 12 by 12 feet on lots backing up to open space that is up to 400 feet in depth, and 12 by 22 feet on lots backing up to permanent open space greater than 400 feet in depth. The allowed encroachment of the accessory structures attached to the building will be restricted to 538 (50%) of the 1,068 single-family detached dwellings. The City of Elgin is therefore requesting approval for an amendment to the PSFR2 Planned Single Family Residence District Ordinance No. G40-05 to permit accessory structures constructed on balconies or at grade and no greater than 12 feet in depth, to encroach into the required 20-foot rear yard building setback. Amendment of the PSFR2 ordinance requires an amendment of the Annexation Agreement that references the ordinance providing for development within the subdivision. A public hearing is therefore required to be conducted by the City Council to obtain testimony on the amendments to the annexation agreement and ordinance. Mayor and Members of City Council June 22, 2011 Page 3 CHANGES SINCE THE PUBLIC HEARING Staff initially identified 484 lots that would be allowed the requested encroachment of accessory structures attached to buildings on the plan prepared by the Community Development Department and dated May 2011. Following testimony obtained at the public hearing, staff reevaluated the number of lots subject to requested encroachment and found an additional 54 lots for a total of 538 lots. These lots are identified on the Edgewater Subdivision Plan prepared by the Community Development Department and dated June 2011. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Edgewater Subdivision was approved in 2004, with a number of departures from the standard requirements of the zoning and subdivision regulations. The City is requesting the following departure from the requirements of Ordinance G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Edgewater Club—2700 Bowes Road)": • Section 5.e. Rear Setback. The zoning ordinance requires a rear building setback of twenty (20) linear feet from a rear lot line. The City is requesting a departure to allow accessory structures attached to the building no greater than twelve (12) feet in depth to encroach into the rear yard building setback on 538 lots. SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Community Development Group has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings: Positive attributes: Edgewater Subdivision, an upscale active adult community, is unique in its design such that 140 acres (34%) of the 408 acres are designed to remain as open space comprising of detention and retention ponds, wetlands, floodplains and open space. Commonly-owned open space is provided behind most homes, and a network of trails provides pedestrian access through most of the subdivision. Residential lots are designed to maximize the views to these open spaces. All 538 lots proposed to be subject to the reduction in the rear building setback, back up to permanent open space within the subdivision where the encroachment of an accessory structure attached to the building will have a minimal impact on the surrounding area. Mayor and Members of City Council June 22, 2011 Page 4 B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions. 4111) FINDINGS OF FACT EDGEWATER SUBDIVISION PETITION 10-11 rik May 16, 2011 FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 10-11 Requesting a Second Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building of Certain Properties to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. GENERAL INFORMATION Requested Action: Second Amendment to Annexation Agreement Amendment to Ordinance No. G40-05 Current Zoning: PSFR1 Planned Single Family Residence District PSFR2 Planned Single Family Residence District PCF Planned Community Facility District Existing Use: Age Restricted Single Family Residential Subdivision Property Location: 2700 Bowes Road Applicant: City of Elgin Owner: - Pulte Home Corporation Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) emh E. Environmental Map (see attached) F. Site Photos (see attached) a Findings of Fact Planning& Development Commission Pet. 10-11 May 16, 2011 G. Location Maps and Drawings p g (see attached) H. Draft PSFR2 Ordinance (see attached) I. Related Correspondence (see attached) BACKGROUND An application has been filed by the City of Elgin, requesting a second amendment to the annexation agreement and an amendment to the planned district ordinance. The property is located at 2700 Bowes Road (reference attached Exhibits A, B, C, D, and E). The Edgewater subdivision was annexed to the City of Elgin in February of 2004, as an age restricted community. The subdivision contains approximately 408 acres of land area. The developer received approval to develop the subject property with 1,068 single-family dwelling units, a clubhouse, and permanent open space. As part of the planned development, balconies no greater than 12 feet in depth were allowed to encroach into the required 20-foot rear yard building setback, on the certain lots specifically identified within the subdivision. The encroachment of balconies was restricted to lots that had topography resulting in lookout or walkout basements having elevated decks that exceeded four feet in height. 4.111) Several homeowners within the subdivision have requested building permits for accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to be constructed on an existing balcony that is allowed to encroach into the required rear yard setback. The zoning ordinance allows a property owner to construct accessory structures such as a deck of up to four feet in height, or free-standing pergolas across the rear yard provided they are set back 5 feet from any interior lot line. Balconies (any deck that exceeds four feet in height) and accessory structures attached to the principal building are required to meet the standard rear yard setback, because the height and mass of these structures has a more significant impact in the rear yard and the adjoining properties. The City of Elgin is requesting approval for an amendment to the PSFR2 Planned Single Family Residence District Ordinance to permit accessory structures constructed on balconies or at grade and no greater than 12 feet in depth, to encroach into the required 20-foot rear yard building setback. Only properties backing up to permanent open space will be subject to this amendment. The maximum allowable size of an accessory structure will be 12 by 12 feet on lots backing up to open space that is up to 400 feet in depth, and 12 by 22 feet on lots backing up to permanent open space greater than 400 feet in depth. The allowed encroachment of the accessory structures attached to the building will be restricted to 484 (45%) of the 1,068 single-family detached dwellings (reference attached Exhibits F, G, H and I). 2 Findings of Fact Planning & Development Commission Pet. 10-11 May 16, 2011 FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 10-11 on May 16, 2011. The Community Development Group testified at the public hearing and presented documentary evidence in support of the application. No objectors spoke at the public hearing. The Community Development Group submitted a Planned Development Review, dated May 11, 2011. The Planning and Development Commission has made the following findings: The lots within Edgewater Subdivision zoned PSFR2 Planned Single Family Residence District were designed with a 20 foot rear setback, which was a departure granted from the required 40 foot rear yard setback. The City is requesting a maximum encroachment of 12 feet into the 20 foot rear building setback for 484 lots. Of these, 387 (80%) lots back up to at least 400 feet in depth of permanent open space within the subdivision and 97 (20%) back up to greater than 400 feet in depth of permanent open space. As such, the encroachment of the accessory structures attached to the building will have a minimal impact on the surrounding built environment. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Edgewater Subdivision was approved in 2004, with a number of departures from the standard requirements of the zoning and subdivision regulations. The City is requesting the following departure from the requirements of Ordinance G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Edgewater Club—2700 Bowes Road)": • Section 5.e. Rear Setback. The zoning ordinance requires a rear building setback of twenty (20) linear feet from a rear lot line. The City is requesting a departure to allow accessory structures attached to the building no greater than twelve (12) feet in depth to encroach into the rear yard building setback on 484 lots. SUMMARY OF FINDINGS UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings: 3 Findings of Fact Planning & Development Commission Pet. 10-11 May 16, 2011 Positive attributes: Edgewater Subdivision, an upscale active adult community, is unique in its design such that 140 acres (34%) of the 408 acres are designed to remain as open space comprising of detention and retention ponds, wetlands, floodplains and open space. Commonly-owned open space is provided behind most homes, and a network of trails provides pedestrian access through most of the subdivision. Residential lots are designed to maximize the views to these open spaces. All 484 lots proposed to be subject to the reduction in the rear building setback, back up to permanent open space within the subdivision where the encroachment of an accessory structure attached to the building will have a minimal impact on the surrounding area. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 10-11. 4") On a motion to recommend approval, subject to the following conditions, the vote was four (4) yes and zero (0) no: 1. The departure shall be restricted to 484 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated May 2011. 2. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Development Commission s/ Sarosh Saher Sarosh Saher, Secretary Planning and Development Commission 4 1i= Iii r . , , y HI r ra I.__. „ ;.,:,:iy,..,i, . „ .._ _ .__ ,„ , ;:[,,,,,,i_r_!,, ,,;v:_._ _ , „....1111,t, :_:_:_f: 1 1 ! + _1a�' I i'1 11'_,� If s I1+ 1, 1 ,� ,r, , In i I _�- • � i,} w „ , 3 I} � ! 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Planned Two Family Residence , I I - .BIT B Zoning Map p A N Department of Community Development 500 0 500 1000 Feet June 22,2011 II - ti , { Subject Property Petition 10-11 2700 Bowes Rd. 5 , , ca _- (11116' / 1 L i li - VISU - - Edgewater _ --t'eneGan - m - 1 a Z_ 7 � [ i' I I FaseadeFaga Bowes !I l IBIT C Parcel Map A N Department of Community Development 400 0 400 800 Feet June 22,2011 Mk ' 4111111 ,___ / L.__ _,) ____ i — s _ mit_ 0 z i (( r es y 7 I N se 10 \I _ r ------— __ , _________- a � _--- ‘\ _ ; �,� � *:\ * 11._ 1.-- 9-II I Eli I. 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IBIT E � . .t..4,, ._�w Environmental Map A 100 Year Floodplain N Department of Community Development MI Kane Wetland 400 0 400 800 Feet June 22,2011 — - SITE PHOTOS PETITION 10-11 "1' 1 .ter IMIL .View of Properties Backing to Permanent Open View of Properties Backing to Permanent Open Space Less than 400' in Depth Space Less that 400' in Depth View of Properties Backing to Permanent Open View of Properties Backing to Permanent Open Space Greater than 400' in Depth Space Greater than 400' in Depth EXHIBIT F1 SITE PHOTOS rw PETITION 10-11 is 7 „.,, . -- .t ii, J f' I i T_ a �y, y r View of Property with Sunroom Constructed View of Property with a 12' Deep Balcony Encroaching into Rear Building Setback Encroaching into Rear Building Setback a R 0 • View of Property with a Deck Constructed within View of Property with a Patio Constructed within the Interior Setback the Interior Setback e EXHIBIT F2 EDGEWATER SUBDIVISION LOCATION MAPS & DRAWINGS PETITION 10-11 �,... EXHIBIT G , ',....-::.. , ...,,,,.., ;- , ., -...., . . „.. . ., , „ ,,,_ . „ s T , .„ ,i al, , - , ,,,, ,i..„. ,,„ ,a„„...,-,,,g:,:,..-,,-! -7,,,,,,,,,'r'''::f:.;-i��\ ,.,. ,,,,G. .. „,,,,,,,„ ,,„ _ ,, - FRIENDSHI' BPRNO�\-\-N ; HERITAGE PARK WAY ��OF1 VN �f P sQ�` E E K\-'N A co� J CR.IgSPCR MOORESFIELD ST R�iffi?o ,jP J `A PLO o SEER CIR 4�a : �p,MCA r �� 1 . FOXGLOVE CT P IIIII I.DIM o r C 1 = w D Mil= Z r M o WII 73 7J P �� o , W n 1. z y w g• � I— 111 A v o C. 1 Y, f'ts'sL BOWES RD pg NANTU Ali, Edgewater Subdivisic Q ELGIN Allowable Sizes N THE CITY IN T)- SUBURBS 1 2x1 2 F1 12X22 -Peitap prepared by City of Elgin 400 0 400 Feet iepartment of Community Development June 2011 NORTH SCALE: 1 :200 5'B.S.L. 22'X 12'BALCONY W/SCREENED IN / PORCH I STORY BRICK 4 FRAME RESIDENCE ON SLAB 797 S.F. 1 - • m rj O N N m • 5'B.S.L. SITE PLAN • LOT224 JFW5 . II , II N O RTh SCALE: 1 :200 5'B.S.L. Lri m N N 1 STORY RESIDENCE W/LOOKOUT BASEMENT 601.6 S.F. 12'X 12'SUNRO01 5 B SITE ELAN LOT 501 J FW 5 . 1 1 . 1 1 NORTh SCALE: 1 :200 20'B.5.L. N tv I STORY BRICK d FRAME RESIDENCE W/BASEMENT 805 5.F. 20'B.S.L. 22'X 12'DECK W/PERGOLA SITE PLAN LOT 503 J FW 5 . I I . I I NORTf-1 SCALE: I :200 5'B.S.L. rm I STORY BRICK 8 FRAME RESIDENCE ON SLAB 803.7 S.F. 22'X 12' BALCONY N 5'5.5.L. SITE PLAN LOT 995 J FW 5 . I I . I I NORTH SCALE: I :200 1 O'B.S.L. N O N 12'X 1 2'PATIO I STORY BRICK* WI PERGOLA FRAME RESIDENCE ON SLAB 798.3 S.F. 5'B.S.L. SITE PLAN LOT 1 029 J FW 5 . I 1 . 1 1 EDGEWATER SUBDIVISION DRAFT PSFR2 ORDINANCE PETITION 10-11 EXHIBIT H r DRAFT 06/15/11 Ordinance No. xx-11 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G40-05 (Edgewater Subdivision - 2700 Bowes Road) WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G40-05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G40-05; 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 concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 16, 2011, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District", passed March 9, 2005,be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 3. That the Official Zoning District Map as incorporated into the Elgin Municipal Code by, Section 19.07.600 of said Code is hereby amended to include in the PSFR2 Planned Single Family Residence District, the following described property: "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: THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF SECTION 28 ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO. 708600 WITH A LINE THAT IS 260.0 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 587.00 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 375.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF- WAY LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO THE POINT OF BEGINNING); (ALSO EXCEPTING THEREFROM EVERYTHING LYING SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN KANE COUNTY, ILLINOIS. TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF); (ALSO EXCEPTING THEREFROM EVERYTHING LYING SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING 6 PARCELS 4111) PARCEL 1: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 23.00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 34 MINUTES 54 SECONDS WEST, 325.55 FEET; THENCE SOUTH 82 DEGREES 12 MINUTES 42 SECONDS WEST, 105.00 FEET; THENCE SOUTH 62 DEGREES 57 MINUTES 12 SECONDS WEST, 105.73 FEET; THENCE SOUTH 47 DEGREES 45 MINUTES 51 SECONDS WEST, 105.73 FEET; THENCE SOUTH 33 DEGREES 12 MINUTES 56 SECONDS WEST, 105.90 FEET; THENCE SOUTH 12 DEGREES 41 MINUTES 24 SECONDS WEST, 793.85 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES 37 SECONDS WEST, 85.73 FEET; THENCE SOUTH 03 DEGREES 10 MINUTES 16 SECONDS EAST, 215.52 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 125.00 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 5.50 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 898.73 FEET; THENCE SOUTH 34 DEGREES 40 MINUTES 58 SECONDS EAST, 83.63 FEET; THENCE SOUTH 50 DEGREES 27 MINUTES 54 SECONDS EAST, 109.62 FEET; THENCE SOUTH 73 DEGREES 02 MINUTES 17 SECONDS EAST, 81.60 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 639.51 FEET TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 40.77 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 54 MINUTES 05 SECONDS WEST, 84.00 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 150.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 45.96 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 90.54 FEET ALONG SAID PARALLEL LINE TO A POINT OF CURVATURE; THENCE WESTERLY 959.16 FEET ALONG THE ARC OF A CURVE 60.00 FEET NORTH OF AND CONCENTRIC WITH SAID CENTERLINE, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE NORTHERLY, HAVING A RADIUS OF 68,694.90 FEET, A CHORD BEARING SOUTH 89 DEGREES 13 MINUTES 00 SECONDS WEST, AND A CHORD DISTANCE OF 959.15 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST, 115.70 FEET ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 474.46 FEET ALONG SAID WEST LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 77.65 FEET ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 19 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 356.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE 66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 592.13 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 447.58 FEET; THENCE NORTH 54 DEGREES 34 MINUTES 42 SECONDS WEST, 620.09 FEET; THENCE NORTH 77 DEGREES 18 MINUTES 36 SECONDS WEST, 98.77 FEET; THENCE NORTH 12 DEGREES 41 MINUTES 24 SECONDS EAST, 73.62 FEET; THENCE SOUTH 77 DEGREES 18 MINUTES 36 SECONDS EAST, 106.08 FEET; THENCE SOUTH 44 DEGREES 16 MINUTES 56 SECONDS EAST, 47.62 FEET; THENCE SOUTH 38 DEGREES 30 MINUTES 56 SECONDS EAST, 66.58 FEET; THENCE SOUTH 54 DEGREES 27 MINUTES 39 SECONDS EAST, 66.58 FEET; THENCE SOUTH 70 DEGREES 24 MINUTES 23 SECONDS EAST, 66.58 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 06 SECONDS EAST, 66.58 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 49 SECONDS EAST, 98.11 FEET; THENCE NORTH 46 DEGREES 25 MINUTES 05 SECONDS EAST, 134.61 FEET; THENCE NORTH 23 DEGREES 31 MINUTES 59 SECONDS EAST, 59.20 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 868.25 FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE POINT OF BEGINNING; THENCE SOUTH 60 DEGREES 30 MINUTES 27 SECONDS EAST, 114.36 FEET; THENCE SOUTH 62 DEGREES 45 MINUTES 22 SECONDS EAST, 102.63 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 439.07 FEET; THENCE NORTH 61 DEGREES 39 MINUTES 47 SECONDS EAST, 102.43 FEET; THENCE NORTH 39 DEGREES 18 MINUTES 38 SECONDS EAST, 100.97 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 65.04 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 93.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 112.00 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 25.97 FEET; THENCE SOUTH 23 DEGREES 56 MINUTES 15 SECONDS WEST, 212.21 FEET; THENCE SOUTH 33 DEGREES 51 MINUTES 38 SECONDS WEST, 44.07 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 37 SECONDS WEST, 43.58 FEET; THENCE SOUTH 79 DEGREES 40 MINUTES 52 SECONDS WEST, 44.31 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 453.75 FEET; THENCE SOUTH 79 DEGREES 09 MINUTES 06 SECONDS WEST, 59.66 FEET; THENCE SOUTH 66 DEGREES 22 MINUTES 53 SECONDS WEST, 59.83 FEET; THENCE SOUTH 57 DEGREES 48 MINUTES 11 SECONDS WEST, 59.83 FEET; THENCE SOUTH 49 DEGREES 13 MINUTES 29 SECONDS WEST, 59.83 FEET; THENCE SOUTH 40 DEGREES 01 MINUTES 47 SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 13 MINUTES 05 SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 20 MINUTES 00 SECONDS WEST, 70.51 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER; THENCE rbk NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 422.24 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, THE SOUTHEAST QUARTER OF SECTION 20, AND THE EAST HALF OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 34 MINUTES 54 SECONDS EAST ALONG SAID LINE, 1,322.06 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 19 MINUTES 55 SECONDS EAST, 848.13 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 31 MINUTES 42 SECONDS EAST, 27.68 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS WEST, 40.28 FEET; THENCE SOUTH 63 DEGREES 47 MINUTES 05 SECONDS WEST, 99.52 FEET; THENCE SOUTH 53 DEGREES 04 MINUTES 48 SECONDS WEST, 56.58 FEET; THENCE SOUTH 42 DEGREES 46 MINUTES 31 SECONDS WEST, 56.58 FEET; THENCE SOUTH 32 DEGREES 28 MINUTES 13 SECONDS WEST, 56.58 FEET; THENCE SOUTH 22 DEGREES 09 MINUTES 56 SECONDS WEST, 85.68 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 13 SECONDS EAST, 293.87 FEET; THENCE SOUTH 19 DEGREES 32 MINUTES 20 SECONDS EAST, 287.41 FEET; THENCE NORTH 65 DEGREES 58 MINUTES 12 SECONDS EAST, 118.85 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 91.62 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING NORTH 77 DEGREES 53 MINUTES 59 SECONDS EAST, AND A CHORD DISTANCE OF 90.95 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 47 SECONDS EAST, 334.47 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 154.86 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING SOUTH 70 DEGREES 00 MINUTES 18 SECONDS EAST, AND A CHORD DISTANCE OF 151.68 FEET; THENCE SOUTH 40 DEGREES 37 MINUTES 25 SECONDS WEST, 210.65 FEET; THENCE SOUTH 28 DEGREES 34 MINUTES 11 SECONDS WEST, 71.38 FEET; THENCE SOUTH 19 DEGREES 00 MINUTES 58 SECONDS WEST, 59.08 FEET; THENCE SOUTH 08 DEGREES 32 MINUTES 38 SECONDS WEST, 85.09 FEET; THENCE SOUTH 03 DEGREES 43 MINUTES 37 SECONDS EAST, 83.79 FEET; THENCE SOUTH 16 DEGREES 52 MINUTES 52 SECONDS EAST, 110.65 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE WESTERLY 23.65 FEET ALONG THE ARC OF SAID NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 580.00 FEET, A CHORD BEARING SOUTH 87 DEGREES 56 MINUTES 59 SECONDS WEST, AND A CHORD DISTANCE OF 23.65 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 05 SECONDS WEST, 42.52 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 55 SECONDS EAST, 162.00 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT A; THENCE NORTH 89 DEGREES 07 MINUTES 05 SECONDS EAST, 66.56 FEET; THENCE NORTH 86 DEGREES 24 MINUTES 36 SECONDS EAST, 74.32 FEET; THENCE NORTH 78 DEGREES 40 MINUTES 29 SECONDS EAST, 74.41 FEET; THENCE NORTH 72 DEGREES 57 MINUTES 00 SECONDS EAST, 74.41 FEET; THENCE NORTH 67 DEGREES 50 MINUTES 28 SECONDS EAST, 58.41 FEET; THENCE NORTH 63 DEGREES 20 MINUTES 52 SECONDS EAST, 58.41 FEET; THENCE NORTH 58 DEGREES 51 MINUTES 17 SECONDS EAST, 58.41 FEET; THENCE NORTH 54 DEGREES 21 MINUTES 41 SECONDS EAST, 58.41 FEET; THENCE NORTH 49 DEGREES 15 MINUTES 09 SECONDS EAST, 74.41 FEET; THENCE NORTH 43 DEGREES 30 MINUTES 24 SECONDS EAST, 74.95 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 64.53 FEET; THENCE NORTH 38 DEGREES 47 MINUTES 44 SECONDS EAST, 94.04 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 207.75 FEET; THENCE NORTH 33 DEGREES 30 MINUTES 53 SECONDS EAST, 72.22 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 02 SECONDS EAST, 72.21 FEET; THENCE NORTH 24 DEGREES 56 MINUTES 16 SECONDS EAST, 72.21 FEET; THENCE NORTH 20 DEGREES 33 MINUTES 31 SECONDS EAST, 72.21 FEET; THENCE NORTH 16 DEGREES 10 MINUTES 45 SECONDS EAST, 72.21 FEET; THENCE NORTH 11 DEGREES 48 MINUTES 00 SECONDS EAST, 72.21 FEET; THENCE NORTH 10 DEGREES 28 MINUTES 49 SECONDS EAST, 72.46 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 05 SECONDS WEST, 248.01 FEET; THENCE NORTH 88 DEGREES 19 MINUTES 55 SECONDS EAST, 312.37 FEET; THENCE NORTH 69 DEGREES 59 MINUTES 11 SECONDS EAST, 77.38 FEET; THENCE NORTH 54 DEGREES 23 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 41 DEGREES 45 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 29 DEGREES 07 MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 17 DEGREES 26 MINUTES 50 SECONDS EAST, 52.92 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 49 SECONDS WEST, 134.49 FEET TO A POINT ON A LINE 23.00' WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE CONTINUING ALONG SAID PARALLEL LINE, 384.62 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 05 SECONDS EAST, 23.00 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 384.00 FEET ALONG SAID EAST LINE TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 22 MINUTES 41 SECONDS EAST, 260.00 FEET ALONG SAID NORTH LINE eink TO A POINT ON A LINE 260.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 2,054.87 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 375.00 FEET; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 560.00 FEET TO A POINT ON A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST ALONG SAID PARALLEL LINE, 3,854.19 FEET ALONG SAID PARALLEL LINE TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 86.48 FEET ALONG SAID WEST LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 841.07 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 41 SECONDS EAST, 88.07 FEET; THENCE NORTH 42 DEGREES 17 MINUTES 28 SECONDS EAST, 78.45 FEET; THENCE NORTH 22 DEGREES 39 MINUTES 09 SECONDS EAST, 78.45 FEET; THENCE NORTH 04 DEGREES 33 MINUTES 00 SECONDS EAST, 68.79 FEET; THENCE NORTH 01 DEGREES. 04 MINUTES 36 SECONDS WEST, 188.99 FEET; THENCE NORTH 31 DEGREES 26 MINUTES 23 SECONDS WEST, 93.19 FEET; THENCE NORTH 49 DEGREES 47 MINUTES 33 SECONDS WEST, 80.15 FEET; THENCE NORTH 65 DEGREES 53 MINUTES 04 SECONDS es". WEST, 81.18 FEET; THENCE NORTH 60 DEGREES 12 MINUTES 07 SECONDS EAST, 80.84 FEET; THENCE NORTH 47 DEGREES 37 MINUTES 29 SECONDS EAST, 78.45 FEET; THENCE NORTH 27 DEGREES 59 MINUTES 10 SECONDS EAST, 78.45 FEET; THENCE NORTH 08 DEGREES 25 MINUTES 59 SECONDS EAST, 77.78 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 185.90 FEET; THENCE NORTH 30 DEGREES 21 MINUTES 49 SECONDS WEST, 90.13 FEET; THENCE NORTH 22 DEGREES 45 MINUTES 15 SECONDS WEST, 107.16 FEET; THENCE NORTH 43 DEGREES 02 MINUTES 15 SECONDS EAST, 75.67 FEET; THENCE NORTH 55 DEGREES 18 MINUTES 35 SECONDS EAST, 67.76 FEET; THENCE NORTH 46 DEGREES 09 MINUTES 43 SECONDS EAST, 59.83 FEET; THENCE NORTH 33 DEGREES 02 MINUTES 22 SECONDS EAST, 59.66 FEET; THENCE NORTH 23 DEGREES 56 MINUTES 15 SECONDS EAST, 298.71 FEET; THENCE NORTH 52 DEGREES 21 MINUTES 56 SECONDS WEST, 106.78 FEET; THENCE NORTH 70 DEGREES 46 MINUTES 12 SECONDS WEST, 62.50 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 203.90 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 79.87 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 112.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 169.98 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 06 SECONDS WEST, 390.44 FEET; THENCE NORTH 42 DEGREES 23 MINUTES 21 SECONDS WEST, 85.43 FEET; THENCE NORTH 63 DEGREES 18 MINUTES 38 SECONDS WEST, 61.73 FEET; THENCE SOUTH 88 DEGREES 34 MINUTES 54 SECONDS WEST, 194.80 FEET; THENCE SOUTH 34 DEGREES 43 MINUTES 29 SECONDS WEST, 125.25 FEET; THENCE SOUTH 06 DEGREES 39 MINUTES 09 SECONDS WEST, 84.89 FEET; THENCE SOUTH 21 DEGREES 25 MINUTES 12 4111) SECONDS EAST, 84.89 FEET; THENCE SOUTH 49 DEGREES 29 MINUTES 33 SECONDS EAST, 107.82 FEET; THENCE SOUTH 01 DEGREES 25 MINUTES 06 SECONDS EAST, 70.91 FEET; THENCE SOUTH 29 DEGREES 29 MINUTES 50 SECONDS WEST, 80.00 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST, 118.86 FEET; THENCE SOUTH 29 DEGREES 29 MINUTES 50 SECONDS WEST, 90.37 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 164.38 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 112.00 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 799.04 FEET; THENCE NORTH 75 DEGREES 43 MINUTES 41 SECONDS WEST, 107.22 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 28.08 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. EXCEPTING FROM EXCEPTION PARCEL 4 THE FOLLOWING DESCRIBED PROPERTY COMMENCING AT AFORESAID POINT A; THENCE SOUTH 20 DEGREES 49 MINUTES 19 SECONDS EAST, 96.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 29 MINUTES 28 SECONDS EAST, 53.90 FEET; THENCE NORTH 80 DEGREES 38 MINUTES 04 SECONDS EAST, 44.10 FEET; THENCE NORTH 78 DEGREES 03 MINUTES 49 SECONDS EAST, 44.10 FEET; THENCE NORTH 75 DEGREES 29 MINUTES 34 SECONDS EAST, 44.10 FEET; THENCE NORTH 72 DEGREES 55 MINUTES 19 SECONDS EAST, 44.10 FEET; THENCE NORTH 70 DEGREES 10 MINUTES 47 SECONDS EAST, 49.98 FEET; THENCE NORTH 67 DEGREES 15 MINUTES 58 SECONDS EAST, 49.98 FEET; THENCE NORTH 64 DEGREES 21 MINUTES 09 SECONDS EAST, 49.98 FEET; THENCE NORTH 61 DEGREES 26 MINUTES 20 SECONDS EAST, 49.98 FEET; THENCE NORTH 58 DEGREES 31 MINUTES 31 SECONDS EAST, 49.98 FEET; THENCE NORTH 54 DEGREES 33 MINUTES 48 SECONDS EAST, 48.87 FEET; THENCE NORTH 47 DEGREES 36 MINUTES 27 SECONDS EAST, 42.65 FEET; THENCE NORTH 41 DEGREES 34 MINUTES 13 SECONDS EAST, 43.74 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 195.00 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 15 SECONDS EAST, 50.00 FEET; THENCE NORTH 38 DEGREES 43 MINUTES 54 SECONDS EAST, 61.00 FEET; THENCE NORTH 35 DEGREES 03 MINUTES 08 SECONDS EAST, 49.82 FEET; THENCE NORTH 31 DEGREES 44 MINUTES 38 SECONDS EAST, 49.82 FEET; THENCE NORTH 26 DEGREES 31 MINUTES 58 SECONDS EAST, 274.79 FEET; THENCE NORTH 27 DEGREES 36 MINUTES 29 SECONDS EAST, 50.92 FEET; THENCE NORTH 31 DEGREES 33 MINUTES 15 SECONDS EAST, 51.39 FEET; THENCE NORTH 35 DEGREES 32 MINUTES 59 SECONDS EAST, 51.39 FEET; THENCE NORTH 39 DEGREES 32 MINUTES 44 SECONDS EAST, 51.39 FEET; THENCE NORTH 42 DEGREES 37 MINUTES 15 SECONDS EAST, 27.72 FEET; THENCE NORTH 45 rik DEGREES 40 MINUTES 23 SECONDS EAST, 50.79 FEET; THENCE NORTH 49 DEGREES 37 MINUTES 19 SECONDS EAST, 50.79 FEET; THENCE NORTH 53 DEGREES 34 MINUTES 16 SECONDS EAST, 50.79 FEET; THENCE NORTH 57 DEGREES 31 MINUTES 13 SECONDS EAST, 50.79 FEET; THENCE NORTH 61 DEGREES 28 MINUTES 10 SECONDS EAST, 50.79 FEET; THENCE NORTH 65 DEGREES 25 MINUTES 07 SECONDS EAST, 50.79 FEET; THENCE NORTH 69 DEGREES 22 MINUTES 03 SECONDS EAST, 50.79 FEET; THENCE NORTH 73 DEGREES 19 MINUTES 00 SECONDS EAST, 50.79 FEET; THENCE NORTH 14 DEGREES 42 MINUTES 31 SECONDS WEST, 12.21 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 53 SECONDS WEST, 96.07 FEET; THENCE NORTH 14 DEGREES 41 MINUTES 40 SECONDS EAST, 84.20 FEET; THENCE NORTH 45 DEGREES 43 MINUTES 14 SECONDS EAST, 70.50 FEET; THENCE NORTH 77 DEGREES 31 MINUTES 50 SECONDS EAST, 127.53 FEET; THENCE SOUTH 69 DEGREES 23 MINUTES 11 SECONDS EAST, 71.06 FEET; THENCE SOUTH 45 DEGREES 57 MINUTES 28 SECONDS EAST, 71.06 FEET; THENCE SOUTH 26 DEGREES 16 MINUTES 34 SECONDS EAST, 48.51 FEET; THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 1154.66 FEET; THENCE SOUTH 08 DEGREES 35 MINUTES 28 SECONDS WEST, 77.67 FEET; THENCE SOUTH 15 DEGREES 18 MIN 28 UTES 16 SNDS WEST, 77.54 FEET; THENCE SOUTH 22 DEGREES 21 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE UTH DEGREES 34 SECONDS MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 34 DEGREES 47 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 40 DEGREES 59 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 47 DEGREES 12 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 53 DEGREES 25 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 59 DEGREES 37 MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 65 DEGREES 50 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 72 DEGREES 03 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 78 DEGREES 43 MINUTES 12 SECONDS WEST, 111.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 62.05 FEET ALONG THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 510.00 FEET, A CHORD BEARING SOUTH 12 DEGREES 55 MINUTES 48 SECONDS WEST AND A CHORD DISTANCE OF 62.01 FEET; THENCE SOUTH 73 DEGREES 35 MINUTES 04 SECONDS EAST, 112.00 FEET; THENCE SOUTH 18 DEGREES 50 MINUTES 23 SECONDS WEST, 120.23 FEET; THENCE SOUTH 58 DEGREES 07 MINUTES 00 SECONDS EAST, 91.96 FEET; THENCE SOUTH 22 DEGREES 42 MINUTES 52 SECONDS EAST, 119.51 FEET; THENCE SOUTH 16 DEGREES 30 MINUTES 56 SECONDS WEST, 119.51 FEET; THENCE SOUTH 45 DEGREES 52 MINUTES 07 SECONDS WEST, 60.22 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 19 SECONDS WEST, 119.51 FEET; THENCE NORTH 65 DEGREES 32 MINUTES 53 SECONDS WEST, 119.51 FEET; THENCE NORTH 33 DEGREES 31 MINUTES 03 SECONDS WEST, 70.13 FEET; THENCE SOUTH 65 DEGREES 58 MINUTES 34 SECONDS WEST, 60.45 FEET; THENCE SOUTH 65 DEGREES 19 MINUTES 09 SECONDS WEST, 59.78 FEET; THENCE SOUTH 70 DEGREES 49 MINUTES 42 SECONDS WEST, 59.78 FEET; THENCE SOUTH 76 DEGREES 20 MINUTES 15 SECONDS WEST, 59.78 FEET; THENCE SOUTH 81 DEGREES 50 MINUTES 47 SECONDS WEST, 59.78 FEET; THENCE SOUTH 87 DEGREES 07 MINUTES 57 SECONDS WEST, 57.26 FEET; THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 936.83 FEET; THENCE NORTH 78 DEGREES 27 MINUTES 36 SECONDS WEST, 85.72 FEET; THENCE NORTH 69 DEGREES 03 MINUTES 51 SECONDS WEST, 49.14 FEET; THENCE NORTH 60 DEGREES 04 MINUTES 25 SECONDS WEST, 67.48 FEET; THENCE NORTH 49 DEGREES 39 MINUTES 59 SECONDS WEST, 67.48 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 32 SECONDS WEST, 67.48 FEET; THENCE NORTH 28 DEGREES 51 MINUTES 06 SECONDS WEST, 67.48 FEET; THENCE NORTH 18 DEGREES 26 MINUTES 40 SECONDS WEST, 67.48 FEET; THENCE NORTH 08 DEGREES 10 MINUTES 03 SECONDS WEST, 67.49 FEET; THENCE NORTH 01 DEGREES 11 MINUTES 00 SECONDS WEST, 309.65 FEET; THENCE NORTH 07 DEGREES 18 MINUTES 38 SECONDS WEST, 42.88 FEET; THENCE NORTH 27 DEGREES 39 MINUTES 48 SECONDS WEST, 42.88 FEET; THENCE NORTH 51 D EGREES 52 MINUTES 03 SECONDS EAST, 112.00 FEET; THENCE NORTH 28 DEGREES 50 MINUTES 04 SECONDS EAST, 53.52 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 06 SECONDS EAST, 104.74 FEET; THENCE NORTH 82 DEGREES 25 MINUTES 28 SECONDS EAST, 70.29 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 09 SECONDS EAST, 203.22 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 45 SECONDS EAST, 48.11 FEET; THENCE NORTH 86 DEGREES 38 MINUTES 00 SECONDS EAST, 53.90 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 49 MINUTES 24 SECONDS WEST, 60.01 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 521.54 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 25.00 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 49 SECONDS WEST, 112.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 420.16 FEET; THENCE SOUTH 54 DEGREES 25 MINUTES 18 SECONDS EAST, 147.97 FEET; THENCE SOUTH 32 DEGREES 02 MINUTES 52 SECONDS WEST, 55.18 FEET; THENCE SOUTH 03 DEGREES 27 MINUTES 02 SECONDS WEST, 158.72 FEET; THENCE SOUTH 03 DEGREES 56 MINUTES 23 riL SECONDS EAST, 168.10 FEET; THENCE SOUTH 38 DEGREES 03 MINUTES 58 SECONDS EAST, 63.59 FEET; THENCE NORTH 51 DEGREES 56 MINUTES 02 SECONDS EAST, 115.00 FEET; THENCE SOUTHEASTERLY 68.15 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 75.00 FEET, A CHORD BEARING SOUTH 64 DEGREES 05 MINUTES 54 SECONDS EAST AND A CHORD DISTANCE OF 65.83 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 11 SECONDS EAST, 189.88 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 143.05 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 22.00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 1,040.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 233.74 FEET; THENCE SOUTH 58 DEGREES 48 MINUTES 00 SECONDS WEST, 136.33 FEET; THENCE SOUTH 36 DEGREES 59 MINUTES 19 SECONDS WEST, 57.14 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 186.32 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 298.82 FEET; THENCE NORTH 17 DEGREES 53 MINUTES 23 SECONDS EAST, 44.96 FEET; THENCE NORTH 08 DEGREES 11 MINUTES 57 SECONDS EAST, 84.89 FEET; THENCE NORTH 19 DEGREES 52 MINUTES 24 SECONDS WEST, 84.89 FEET; THENCE NORTH 47 DEGREES 56 MINUTES 45 SECONDS WEST, 84.89 FEET; THENCE NORTH 76 DEGREES 01 MINUTES 06 SECONDS WEST, 84.89 FEET; THENCE SOUTH 75 DEGREES 54 MINUTES 33 SECONDS WEST, 84.89 FEET; THENCE SOUTH 47 DEGREES 50 MINUTES 12 SECONDS WEST, 84.89 FEET; THENCE SOUTH 18 DEGREES 29 MINUTES 51 SECONDS WEST, 92.37 FEET; THENCE SOUTH 12 DEGREES 06 MINUTES 30 SECONDS EAST, 92.37 FEET; THENCE SOUTH 13 DEGREES 14 MINUTES 37 SECONDS EAST, 82.13 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 56 SECONDS EAST, 240.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS WEST, 39.15 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 16 SECONDS WEST, 18.88 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, 2,628.02 FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES 49 MINUTES 24 SECONDS EAST, 1,264.98 FEET ALONG THE NORTH LINE OF SAID EAST HALF TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 6: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 356.06 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST ALONG SAID LINE, 1,745.31 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 77.65 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 20 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1,097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINING 233.623 ACRES MORE OR LESS." Section 4. That the development of this PSFR2 Planned Single Family Residence District as described in Section 3 shall be developed subject to the following provisions: 4411) 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. 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). 14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, 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 Elgin Zoning Ordinance with the exception that the corner wrap on each building may be permitted to encroach up to 6 inches into the required building setback. 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 in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 3. Lot Width. In this SFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 45 linear feet, as measured at the building setback line and shall be in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 4. Setbacks - Generally. In this SFR2 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" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Arterial Street / Collector Street Setback. The minimum required setback for a building from Bowes Road or the north/south collector road shall be 100 feet. b. Front Setback. The minimum required front setback shall be 20 feet. c. Corner Side Setback. For corner lots, the minimum corner side (street) setback shall be 10 feet. d. Interior Setback. The minimum interior setback shall be 5 feet. e. Rear Setback. The minimum rear setback shall be 20 feet. The following lots shall be only be allowed the construction of accessory structured no greater than twelve (12) linear feet in depth and attached to the building, to encroach into the rear building setback per the requirements of the Development Administrator. Phase 1 of Edgewater Lots — 1-51, 120-229, 285, 292-300, and 300-326. Phase 2 of Edgewater Lots —342-367, 370-387, 460-518, 521-525, and 527-539. Phase 3 of Edgewater Lots 572-597, 607-617, 620, 636-645, 671- 678, 705-740, and 803-825. Phase 4 of Edgewater Lots 826-849, 874-888, 892-910, 933-935, 937-942, and 944-946. 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 subject to the provisions of 411) 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 be 3,272 square feet, excluding garages, basements, attics, walkouts, or similar spaces. 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall be 3,952 square feet. 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall be 900 square feet. 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be 1,400 square feet. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 411) 2. Substantial conformance to the Preliminary Engineering Plans, prepared by Manhard Consulting, Ltd., and dated February 25, 2002, with a final revision date of June 3, 2003, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 3. Substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., and dated June 7, 2002, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 4. Substantial conformance to the Edgewater Version 2, In the City of Elgin, final approved plan, prepared by Pulte Home Corporation, and dated 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 5. A two (2) foot masonry return on the side elevations shall be provided on each Classic and Manor home located on the 45 foot and 50 foot wide lots as identified on the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 6. Construction of all internal roads as follows: a. Sidewalks may be four feet in width. b. B6-12 curb and gutter is permitted except in the locations of sewer where the city will require B6-18 curb and gutter. c. Right of way shall be 50 feet in width. 481) d. Decorative street lights will be permitted versus standard street lights, subject to approval by the Engineering Division. e. Parkway trees shall be placed in front yards within a landscape easement. 7. Construction traffic shall be prohibited on College Green Drive. 8. Compliance with all applicable codes and ordinances, except as otherwise specifically provided for within the Annexation Agreement, the Preliminary Plat, the Preliminary Engineering, and this Ordinance. 9. Allow for the 5-acre property to the southeast of the subject property to be incorporated into the community at such time that the property is annexed into Elgin and redeveloped. 10. Except as hereinafter provided, at least one occupant of each occupied residence on the subject property must be 55 years of age or older (the "Qualifying Occupant") and no person under 18 years of age shall occupy or reside in any dwelling on the subject property. In the event of the death of a person who was the sole Qualifying Occupant of a dwelling on the subject property, the spouse of such Qualifying Occupant may continue to occupy the dwelling provided that the provisions of the United States Fair Housing Act, as amended, the Illinois Fair Housing Act, as amended, and the Declaration of Covenants, Conditions and Restrictions for the subject property are not violated by such occupancy. For the purposes of this section, an occupant shall not be considered a permanent occupant unless such occupant considers the dwelling to be his or her legal residence and actually resides in the dwelling on the subject property for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. No dwelling on the subject property shall be occupied by any person under the age of 18. For purposes of this section, a dwelling shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the subject property more than 21 days in any 60 day period or more than 30 days in any 12 month period. 11. All matters set forth in that certain Annexation Agreement dated June 11, 2003, relating to the subject property. Additional Conditions: 1. The departure allowing for accessory structures attached to the principal building to encroach into the required rear yard setback shall be restricted to 538 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated June 2011. 2. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. 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. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In 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. M. 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. 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 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. 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 sewers 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 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David Kaptain, Mayor Presented: Passed: Omnibus Vote: Yeas: Nays: Recorded: Published: Attest: Jennifer Quinton,Acting City Clerk RELATED CORRESPONDENCE PETITION 10-11 r EXHIBIT I r Notice of Hearing rb6* RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin,as Applicant,and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: 2. t h E . 1.0 `m a r L port- '�N�t.s P ±t i©n NAME: /I 1 �� P 4' IVan kooke.r ADDRESS: 9 L ioILjt.k„ Lj- �r/ Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexatio • greement and an Amendment to the Planned District Ordinance No. G40-05, to Permi • ccessory Structures Attached to the Principal Building to Encroach into the Required Rea and Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 I:owes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: W� P,� 4-kg '" e?hDU.ld Qpplovad do at lbW a.0 5501 Gay Gt-tfta'-d' -ft, rt' pvilevAp41 hAilAtn3 evkoioack ,v1-1-0 _HAIL acibi,a, MAY \Laid -CtS,r 'a tic INa-le r %tbalvtztf oy NAME: Joe_ 4 (�IV V€ Ty�<<I ADDRESS: ( 25 EYI Y a511� (00 2 V€.- .�� 14 Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: \•;e- c--.X e S L -1-k v■ w \-.�� ue� c` \.✓C-0 54 � 1-C 0C CAACk V 5 1 1 • NAME: t� �� 'S ►J -� ADDRESS: ? 2 r ✓ : ✓\ Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: ON)(- CCVQC IS O fE3 s�A-e,E 1 I ut,c*.c_ ►— A Pok ooc a okeyLioL Tv pEtvws 16-&3 446-C 0/0P/W I TV 0 EpGiewokrIEL 0.c4ituo_esucQra 7-vc-(2,c Au_ "yo(41Ap(AT of,) . /014-egi) T-or A- au/J buo ►wvn�ry d VJOOU)zi c c�- s U • i H-EIE 14--iitiL0 Q Y IZ NAME: 4A) /cTmit. ADDRESS: cyQ 'Uaffat110 611- (1947F Pk. rt-U,1143 1L-l 2 Notice of Hearing rib.‘ RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: I live in the Columbine subdivision immediately to the east of Del Webb. I believe that the narrow space between the Columbine and Del Webb subdivisions is considered an "open space". The rear yards of the Del Webb homes are too small to allow any other structure to be built on them. I strongly object to any zoning variance or amendment that would allow such structures to be built in this area. (See reverse for area in question.) 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A Elgin, Illinois N 700 0 700 1400 Feet If using this form to respond, please mark the location of your property on the map Notice of Hearing RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: eink /1‘e-- Q yneodinext k OPrrw� e S sa),() aka Gh.ed vZo Ai/-- A &u ld in a_s ck sc v,1 had t t ?` NAME: 14:1-11ev-ivie rnc-i ' ADDRESS: 0 p..0 s izimey 6ola.y Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexatio • greement and an Amendment to the Planned District Ordinance No. G40-05, to Permi • ccessory Structures Attached to the Principal Building to Encroach into the Required Rea and Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 I:owes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: J h � CLARR,C,nt Agkeeme_ni `vho l0 Re x17401 in 44) .1ndiNiduA� s fRo ? e, Rfy J� -the. 5i1DdIvi5iY Re. ftw Re_ e Red-t2 -, ors 'T Y ? R0 •ve Rte b o dLR S %1' e, su b d v , s i a u rt cl sZ -wdu l a a VS e Any Ft e_RiA 'Lion + a t\e)e- G (lRRe- t)* NAME: Ay G N i l ee-, 'Cn Ott � ADDRESS: as � '� 11E?�� aRtve-- j IL to014 ( L)fike.,tockc0 9 r4 Denise Momodu Associate Planner City of Elgin Dear Ms. Momodu, I am encouraging the passing of an amendment to PSFR2 Ordinance that would allow encroachment into the rear yard building setback requirements that currently exist. Encroachment by structures such as decks and balconies would be allowed on any property, such as 2441 Cape Cod Circle in the Edgewater Subdivision, that back up to permanent open space. Charles J. Dunnweber 2431 Cape Cod Circle Elgin,ll 60124 rik Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: ciRcc-�0) on/ ?u/6 34e, P46,5 od e Lo7S or.) („).470,2 41 D. C. Snell c V s i' ' pge2r4 A r`? p SS'v r/I /T W O!/L-0 23 A L G n/6 La")C 11 ZS e;c-Q i/S'0" b4/V" LA)A aeligc.6E. Es out - 2 rya/.-' G/77 -1 . 'c-ts M /3-7-752. /26.4 O. /F- 7%'5- /,f ./v rr -77-/e0 4 j 7//giV ciry . 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A Elgin, Illinois N 700 0 700 1400 Feet If using this form to respond, please mark the location of your property on the map me 1 3 Notice of Hearing rk RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation,as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: S/242-- 026a-zia41/ NAME: S.-cid > Ate— giVecre7- ADDRESS: 8/5 ♦ �A ( - epre �/�f� AvAt2/3 May 10,2011 Planning and Development Commission City of Elgin Re: Petition 10-11 to amend the rear setback in Edgewater We live at 815 Rambling Brook Circle in Edgewater. Our deck is elevated and is considered a balcony by the City of Elgin.Approximately one year ago,we requested a permit to extend our 8 foot wide deck an additional 4 feet.We were initially told by Elgin that this would require a variance but subsequently we were told no variance would be required and we did build a 4 foot extension making it 12 feet wide. We had wanted to also build a pergola at that time but were told a variance would be required. We could build an 8 foot wide pergola but were told the pergola could either start 4 feet from the building or 4 feet from the outside edge of the deck.Either way would be unsightly and unfunctional. It could not extend across the entire 12 feet of deck. We are writing to support the change in the ordinance to allow accessory structures either at grade or on balconies to be up to 12 feet wide. Yours truly, /la 461) 5 Syd Bowcott Dee Bowcott 815 Rambling Brook Circle Elgin,Illinois 60124 I - - es inv. •• -.•42 ry s'llP/P ■111%Pipm itAv leridimlittsr, 0 ,.. ... ..._ , . ,... , Air i wapa,,7 11-0.0.1.NE 11,,,, 111.1„ ■. s\silo* 0 AN,. .. .J.,- .„, iff iiingi=I rejw,9 Nam 1 I \\ 04 lig, il,„, Ilk /Mr * alb al Nam•IN um slial 1 110 Is limmo o°0 NE=MI MEI ■ mit . r... :6 AN •....ap • RI"—-m 1 I I 80 N ==-1. NI IN be IN f Naril_ ..., _NI S ■ *1�I i • m1 : :m11 =:=;1jrErmililiful D'ilw. . 'Alb or4 rum as, 61% • ' \ Will ►i4 il�: :1' .)0 id kili. fg■IS ‘TilfrAllitilL411 •W �.O IIIBNMilliMMII% �yi kV■ ■■ X111 ■■■■1 t•_ 7■111�`♦'►j ` �,I, 41111111s • •, , � �\ ■ 1111► � 11111 111��11111� ■ • .. ��I .�� .11111 . 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IF USCG TM*FORM TO RESPOND.,PLEASE: * If so desired,please ia ite your response at bottom of form. * Write your name and address at the bottom of this page. * Return the pose-paid envelope earod. * If you would like Your response to be reviewed at the Planning and Development public hearing on Monday, May I , 21011_ please marl his form back as soon as possible. * Use the following space for any comments: - We are writing in support of the proposed Petition 10-11 Requesting a First Amendment to the Annexation Agreement to the Planned District Ordinance No. G40-05. We want to make sure that this Amendment applies to the three lots identified on the attached page, namely, Lot 607 at 819 Rambling - Brook Circle, Lot 608 at 817 Rambling Brook Circle, and Lot 609 at 815 Rambling Brook Circle. These lots satisfy the condition that - they have "topography resulting in lookout or walkout basements _ having elevated decks that exceeded four feet in height." Eugene H and Jean M Zalewski 817 Rambling Brook Circle Elgin, IL 60124-3110 l 4", 44pr 1P19d „Ipso Ir..*** A iimi 4110r 4t 4kifogr 411! o Lot 607 1111161 410:1114r," 4ov 819 Rambling Brook Cir Mill _ f I I 11111 =Pr 4111flitillirollir Lot 608 ht # 817 Rambling Brook Cir , uIIuI ill1111i1 111ratif Lot 609 IIIP 815 Rambling Brook Cir y� 4111) Notice of Hearing r RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant,and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: CLEA OjA CLCh • NAME: Ilk, ahclIVI S. ► iiI0. vvk b-rl i h ADDRESS: a y I l.,0 l _1L(j ( d9€ Co `--1 May 12, 2011 AI) Notice of Hearing Response My husband and I fully support the petition 10-11 requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No G40-05 to permit accessory structures attached to the Principal Building to Encroach into the required Rear Yard Setback, for the Residential Subdivision known as Edgewater. The Edgewater Association already makes every effort to insure that "less than pleasing structures" are not allowed. This is a retirement community 41) and so many of us seniors have health issues, like myself, having diabetes and open heart surgery a few years ago, preventing us from wanting to travel far from our doctors. Our homes are it, our haven, our only refuge. Adding a little screened in porch or patio can give those of us in our last inning a simple enjoyment. This amendment will make the process so much less stressful for us the in the community and for the zoning department that tries to meet our wants and needs. Thank you so much for your time.. 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'"L,t;;•-•,,. ,,_■-••'; ,- ,.. .,,, • ., r• .7, ' ., 4.41,j, ,r'. ••40 444'^"rr\r*-'.-l'•...,-.''..• --.`" ",--. '''''',,,.r,U1I -1. . „... . . ,,rt,",1 •- 'A? A 'i , , , , , '-•.- " r- "t'At'. - ;V• ." r•''-`' r :• , . * i,•,••,'. '"''',t.r.r'w r,r 5'.ell:4,r'' '''t rn.'r .-•1",•1; ' r'' ••.'r* -f."."4"="rr''*-.b L., .. L. ....77.'7"4".-1- ' ''''!. b 7. ;l br''' ... t,,Ik.-4,41,0,410iyolkt.;:rr '.,• -."--7...',Z-...'...,.* ■7, ,2 - " ' 404,AF '., ' "4;1 "'4. ' 4 4' -,,o'C,,4,, .-4 r' ',. s .. '' rr. r.' ,- 1.".....;"".'•;,.-.. ..;' •,-.C: ", '.'..L...! ,r..."..g.. ,,..14'. . .."'"-,,,s...S..',„ .., .• •,r,..e,•V , ..1".4 t•i,....t,0„1**,rAlt,,r1V400.it;re4 FI'V.f.;;.''''' 1",..!!,''''="';'''' '''''',"---,'-","-7.?,- '`',..,.. -''--.7-'''' '''. ' . ' -''' -- 1, ''' -' 0- „4 „ , . 'i'""c41'it r01444*,"'-'''',•; ;i7 '''''"4:41:47''''',.;;,...T'17 + •-e4:4*-`":,,:="--.'.- - , immimmimaminsimummiummumnia:4, r,, ,,,, ,... ,,,,,,,,f: ..„-"„.Z...,.4.,,-,4t4--,. ."-- '• .0 , ,.. , r• r • -'' May 12, 2011 Notice of Hearing Response My husband and I fully support the petition 10-11 requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No G40-05 to permit accessory structures attached to the Principal Building to Encroach into the required Rear Yard Setback, for the Residential Subdivision known as Edgewater. The Edgewater Association already makes every effort to insure that "less than pleasing structures" are not allowed. This is a retirement community and so many of us seniors have health issues, like myself, having diabetes and open heart surgery a few years ago, preventing us from wanting to travel far from our doctors. Our homes are it, our haven, our only refuge. Adding a little screened in porch or patio can give those of us in our last inning a simple enjoyment. This amendment will make the process so much less stressful for us the in the community and for the zoning department that tries to meet our wants and needs. Thank you so much for your time.. Mrs. Joni Griffin I liat - .....-_%/7/' y _. Notice of Hearing RESPONSE NSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant,and Pulte Home Corporation,as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: C CLck\-cr 0. ckchtCx NAME: I ti 1 R. ah tl N1 R s. a (71- Lc-ft h ADDRESS: a y Lt I 0 • #_ 1 _ �.' ' u,14 1 i fool `-I *it 14)-4'. `, i."7.414r*/ 464141 P*4-4P Lot 607 ire_� 819 Rambling Brook Cir jam MN nor 441110*.• Lot 608 n 817 Rambling Brook Cir � 01111111111110. Lot 609 44S, 815 Rambling Brook Cir Notice of Hearing RESPONSE FORM DATE: April 29. 2011 SUBJECT: Consideration of Pe ition 10-11 Requesting a First Amendment to the Ann Lion - Feement and an -A-MetiMent to the Planned District Ordinance No G40-05, to Petnnt Accessory Structures shed to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision ]mown as Edzewate-s Proper Located at 2700 Bowes Road,by the.City of ER ., as Applicant,:and Pulte Home Corporation.. as OINTLff. IF USING TEES FORM TO RESPOND,PLEASE: • If so desired, please write your response at bottom of form. • Write y011E-name and address at the bottom of this page. • Return in the postage--paid envelope enclosed. • If you would like your response to be reviewed at the P=Hiking and Development public hearing on Monday, May 16, 2011, please mar' his form back as soon as possible. • Use the following space for any comments: We are writing in support of the proposed Petition 10-11 Requesting a First Amendment to the Annexation Agreement to the Planned District Ordinance No. G40-05. _ We want to make sure that this Amendment applies to the three lots identified on the attached page, namely, Lot 607 at 819 Rambling - Brook Circle, Lot 608 at 817 Rambling Brook Circle, and Lot 609 at 815 Rambling Brook Circle. These lots satisfy the condition that - they have "topography resulting in lookout or walkout basements _ having elevated decks that exceeded four feet in height." Eugene H and Jean M Zalewski 817 Rambling Brook Circle Elgin, IL 60124-3110 r es .�„ , ,e 7 a; P7 v wIP7 vwcopp41/ 7LVAIIIIK4111111 n IMI al ...,4 • • ...• ba..Yil ■- lo. . \so `1� ��*∎ �+&'1ti pin ::i'�_.mop 1 sr irl In.IN No Ma ..p.. ..„. ...11 . `. =� . .:� �� . ;+t.. � {f{f{fffiffi'- � r M ,•' n ff • 4014 O �1111(Iliiiii�� bill r Er floi ii- \ ARP J ■IIIi►i�tt1 N`-. �,�11111 11Iti1U111ll a .00�Mitt'''. ■ • OA\ � :T- • .� •1 VIIII .1 La t►�X111/1Il►�r e,; �$0 41OP :.o ttt `r = =1111Wo,ri:=1111 ir:: , 1�. 4„,_, solop, 111‘,..,..., us up!I!! tpt�•� �• II li ; p��ij�♦4Z$ 4 r♦ pit ed ih{il. Subject Property irm Petition 10-11 m 18 MI 4*. oral • ��r riumniunr.0.91��lN'1111111111/�, � It i ■ �� r 1 -�� ■uununnudlll,', - 1j`•..I, r_ f�11/�.i; �.•� 1 ar . r ��s�{old Il g . �� \._.4"4. -A 1,�`� �. ; i"01.•6 1• ' , . X11111:. X1111111111\� ♦ i♦ ♦ ,wow Wino 1 �� %/1111111 tl • +4111111110 1"j,s,4i, : 1 __:: I w I_�6 1111111111{U ��/III'IIjIjHr�t��► ..I, ° C ;fy11111111110 CU ',,-. LIL3 '',,� "'_� 11111111111111 C{IIUl�lllllll}1 of w AR!. . , O 11111tIt1111111111 dm-ltull�i�h” 1111111:::10,1 ..ra 1< 7• insulat '" aluuumm� ♦�{uunrinnli� • ► ;►Ir- iII 4� nP t Ilkiik , =f 111{I►�n��I ip .;� �, �I III .° ��mom III 0,011*4 !"" Illt1.111,11113- Illllllltl illib■ ,., .m__ icIi1II iITtt?I1 rhocation Map 2700 Bowes Rd. A Elgin, Illinois 700 0 700 1400 Feet If using this form to respond, please mark the location of your property on the map Att*-1.2/3 May 10,2011 Planning and Development Commission City of Elgin Re: Petition 10-11 to amend the rear setback in Edgewater We live at 815 Rambling Brook Circle in Edgewater. Our deck is elevated and is considered a balcony by the City of Elgin.Approximately one year ago,we requested a permit to extend our 8 foot wide deck an additional 4 feet.We were initially told by Elgin that this would require a variance but subsequently we were told no variance would be required and we did build a 4 foot extension making it 12 feet wide. We had wanted to also build a pergola at that time but were told a variance would be required. We could build an 8 foot wide pergola but were told the pergola could either start 4 feet from the building or 4 feet from the outside edge of the deck. Either way would be unsightly and unfunctional. It could not extend across the entire 12 feet of deck. We are writing to support the change in the ordinance to allow accessory structures either at grade or on balconies to be up to 12 feet wide. Yours truly, 04t. 4461)e6 Syd Bowcott Dee Bowcott 815 Rambling Brook Circle Elgin,Illinois 60124 /P4,e Notice of Hearing RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: Saze, 026a-ciao/ NAME: Sri( AeR._ git/cere7" „ , ADDRESS: 5/5 rok , 0/0- 45t- aill 11.1.111 ;;4Willi; 71.7iiii"; Y ■411■1,1 0 -11:ra_ __- 1 imi . : -.‘bc); 11-4,-, ...._.., ...., ii 1,==_-_-____- ,„„ s....,,,,,,- ...... . ....., , ....— 1 • Nis Pi El I I no . mil EMI liti -I■dil =•VA •.�•�, i ip. . 1 =III% P 41 lulu G� 1 �, ♦• = illy_ I. g, •♦�,i is...p,, p - -- ,..,. ..Arfilf..--..'4"" Ai-1.1.'1 <4%, : ..,,,s■ 1. �.0 r ,. t #r nip f}` yr ,�.�',� /; _4� r. 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'7 " YF 7ef�4 %. rha✓ r .'cTl.'�. T p { imifireiriginii 3 c 1 •1111. ir/ii4 3 �h'T..�S z" a i ,`��Illln 111111 •.11I,�,',,.�{ 8 a �a ��a nn'1�! �� s.-.r - s r I +, 7 Iwu pl.nuu.nm re, AA,/m�u �nnll 11/��i1111111 ==c uunum � � .,�� __ 11111111111 • iii.` ■I� JII 1111111 1 Location Map 2700 Bowes Rd. A Elgin, Illinois N 700 0 700 1400 Feet If using this form to respond, please mark the location of your property on the map Notice of Hearing RESPONSE FORM 1 ATE: April29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexatio greement and an Amendment to the Planned District Ordinance No. G40-05, to Permi ccessory Structures Attached to the Principal Building to Encroach into the Required Rea and Setback, for the Residential Subdivision known as Edgewater; Property Located at 2701 I:owes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: c n/ 17/6 L3Re p4 6.5 4, Lo7S L© A�g-o oN 1,-1,473;'e R04 D. /4" S7R/c-714eS /'s pg, iN-T-rvx") 11A-1 l/M/n/4 ,7 LA/C)t/LP . A L.o ry 4-41".)C a /1,11)1•1 7307c-4 i/5� t'g i 1/z5 w A t-" G✓d /W..GW A E S 0 VI L7 �d 2 p-14/,' C N72p r✓tt3 Y2oh a (..ipT S/ ,,z2 b4 O. 7T- 7-a75- )5 A/or -7/ 645 -i../g/V 5-74vc-ro213T CV.4 7-o/2 /2 a a. L✓o LGQ 1' 6 e• '■ c-7 YO AS / Y l.✓�ri�o 4 V/S.g✓A L 4_00< A cc45; 7 7 3 d2 tr-S /T� /2 O5s wgTzSr _ NAME: 64/ PvMt3Q—o cvS ADDRESS: 94/-7,30 02-4 A.0 CL 6/i✓ /4 6/� Denise Momodu Associate Planner City of Elgin Dear Ms. Momodu, I am encouraging the passing of an amendment to PSFR2 Ordinance that would allow encroachment into the rear yard building setback requirements that currently exist. Encroachment by structures such as decks and balconies would be allowed on any property, such as 2441 Cape Cod Circle in the Edgewater Subdivision, that back up to permanent open space. Charles J. Dunnweber 2431 Cape Cod Circle Elgin,ll 60124 C C Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: a. CLA RR►e,+n A9k e- 61.014 id Re- r04in In e.e.� . lnai 4144s ?U.P,CYtA i AO vAty 1r? - ham 5tbdlvi o1 ARe.., ARE. RCA.12IL- A- o' s ? SRO V,e bOP-de-R Sd le) %tt v , s i w tl >l d -wuttla o �ose Any � A i I '-e,R A t; o n -NE- C u t Re- 045 1 1Q, e' ine,Ilt NAME: y '� N i t C� 'on 0 ADDRESS: c, 3 }S 1121 RA coo 111- ( oJ) Notice of Hearing RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: 1e. a tine no)'next k )De✓)4, a_c ecso),J s 618 eked YSIa-- it-1h d talk i47 as ak sc4,-,,r ad /Lc "I, NAME: XthtetifYie j 1c iv LL ADDRESS: 02 ?_U �S {Yle y e -cak, De" 6 01 0.y ,-• ;Iv 4,1 r- Iv mwp:iiii--lip4r wiLvmminoir, I=NI alb, _ --i ■• •vts°$■ 0 AIIIIP.I. ■-athi..TiM1/1% 1 n _mow. 11-1 ,. g.Ilia (,4- FI T 1, .` ,\I ►, . ♦ . .-ALi l — mom .i.is No wi Ira Mill'�• /• �■•�' Ireri� 111;:� � .iiiiii Ifilitiyali .1 ___-... e• ♦ � : /1// • �� • ,. �A`" `"xrw to y ' ` -@ re ,,.•4 lw#11*$t all M I I I °V416M rL yAlli/I IIIIII':tf4e't'trr-T5't -' '!-°_:.-''N:'P:'r:',A71 As; LI art low .4 I. 4744,, al lijildIVAIRP ilit mos on .4p11114 In ��e i \Zip, ,.'4� t� .. ,;, bil :°. \ 1=0 X11 iNif111111►* " ` LP-4.,' �� olio ;111111∎. fi . �/■■/ Irl ®�� 1 11161'6 fI iYttIi � 1111 111111/1 a IN ly.- - • ♦♦♦♦♦1 gnu��1111 Fr �l v `�0♦♦� , I/I�///V%.a ,.. �': i 17401 '1e tires � A - �� mow+► 1 z %" ..e..: r IIPI• is �� W # •, .lIiiiiIl: 6 III `�� - - 11it App 4 , ♦ Petition 11-10: �� 111�111/1/�=1/11► � fi � . i i.ji I . ♦ . .��111■Itl�v�. .�� i ��s��I♦'� li 11111■��•i n� ,� �wh!1J�► �� .,.,,, _ -.�.�_♦ � . t� � m 111 a. _ O ei I ♦ .,. ♦♦�►♦„C; .. . ..,t ,, ! - =.IIIII:i ,; .•�%,, ♦ �„/1i:. a . ..,.�� ' r %11111in ■ 1t `-w,.., 10 ■ . 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A Elgin, Illinois N 700 0 700 1400 Feet If using this form to respond, please mark the location of your property on the map Notice of Hearing rihk RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: C I live in the Columbine subdivision immediately to the east of Del Webb. I believe that the narrow space between the Columbine and Del Webb subdivisions is considered an "open space". The rear yards of the Del Webb homes are too small to allow any other structure to be built on them. I strongly object to any zoning variance or amendment that would allow such structures to be built in this area. (See reverse for area in question.) NAME: /II /ZI- /14 1U 7- ADDRESS: 7-7 G Relt3 &>/Al L2C d zL , Coay Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: Ok)(-\( CC itak-kk j IS E_k) ,spt/Ve,E. /1 -i--0{-42,c s(-kir 52-IA pc--k Opf-f■D Set g 1-013-1- _ ` Ov)t '9 W vt 0 I fvf>11PuEO ig vfOO1S121 ) C` S U i ) C,o Nb l 6E NAME: ADDRESS: CVO 'l 'G/F(264 &1L I CI (` Di. 4") tt,11► Y Notice of Hearing RESPONSE FORM DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road, by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: rik • e Let vv■ e41 \ e c1 ) • G` \A..94,4-;\-- v * c-�)C o ��v S i• NAME: S •t�� 'J � ADDRESS: 2 r7 � ✓ ( rik Notice of Hearing RESPONSE FORM ."111 DATE: April 29, 2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexatio greement and an Amendment to the Planned District Ordinance No. G40-05, to Penni ccessory Structures Attached to the Principal Building to Encroach into the Required Rea and Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 I:owes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. IF USING THIS FORM TO RESPOND, PLEASE: • If so desired, please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: \Ng, CuimikaikfLiti- 511Duld be, 0,ppv0VQ.C1 4") al ltJw arx..esscriiv 5+Kta-wres ctikt -to r\c • -I-o QVA0 Pik 1 14.1- ) lr'2 Y veode lava -11A4 -dolt vJa4e r %tifoluvtztfon . , NAME: Joe.. 4 (Jamie, ToreltI ADDRESS: 1a/5 Erin WM, 016in ,mil W124 jal) Notice of Hearing ("b. RESPONSE FORM DATE: April 29,2011 SUBJECT: Consideration of Petition 10-11 Requesting a First Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin,as Applicant,and Pulte Home Corporation,as Owner. IF USING THIS FORM TO RESPOND,PLEASE: • If so desired,please write your response at bottom of form. • Write your name and address at the bottom of this page. • Return in the postage-paid envelope enclosed. • If you would like your response to be reviewed at the Planning and Development public hearing on Monday, May 16, 2011, please mail his form back as soon as possible. • Use the following space for any comments: Z Gl Okh Le?i`m 0..110 f)1 o tkt eh-Lion , NAME: PN ( P Ivan . ' koo ke.r ADDRESS: 94 ocl./t•e., X! 665 Ln (i o-r lg4) 6.J--G( 1J L O C RELATED CORRESPONDENCE PETITION 10-11 EXHIBIT I (111 Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David Kaptain, Mayor Presented: Passed: Omnibus Vote: Yeas: Nays: Recorded: Published: Attest: Jennifer Quinton,Acting City Clerk r J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In 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. M. 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. N. Variations. Any of the requirements of this ordinance may be varied by petition 41) of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. 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. 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 sewers 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. d. Decorative street lights will be permitted versus standard street lights, subject to approval by the Engineering Division. e. Parkway trees shall be placed in front yards within a landscape easement. 7. Construction traffic shall be prohibited on College Green Drive. 8. Compliance with all applicable codes and ordinances, except as otherwise specifically provided for within the Annexation Agreement, the Preliminary Plat, the Preliminary Engineering, and this Ordinance. 9. Allow for the 5-acre property to the southeast of the subject property to be incorporated into the community at such time that the property is annexed into Elgin and redeveloped. 10. Except as hereinafter provided, at least one occupant of each occupied residence on the subject property must be 55 years of age or older (the "Qualifying Occupant") and no person under 18 years of age shall occupy or reside in any dwelling on the subject property. In the event of the death of a person who was the sole Qualifying Occupant of a dwelling on the subject property, the spouse of such Qualifying Occupant may continue to occupy the dwelling provided that the provisions of the United States Fair Housing Act, as amended, the Illinois Fair Housing Act, as amended, and the Declaration of Covenants, Conditions and Restrictions for the subject property are not violated by such occupancy. For the purposes of this section, an occupant shall not be considered a permanent occupant unless such occupant considers the dwelling to be his or her legal residence and actually resides in the dwelling on the subject property for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. No dwelling on the subject property shall be occupied by any person under the age of 18. For purposes of this section, a dwelling shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the subject property more than 21 days in any 60 day period or more than 30 days in any 12 month period. 11. All matters set forth in that certain Annexation Agreement dated June 11, 2003, relating to the subject property. Additional Conditions: 1. The departure allowing for accessory structures attached to the principal building to encroach into the required rear yard setback shall be restricted to 538 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated June 2011. 2. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. (114' 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. 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 subject 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 be 3,272 square feet, excluding garages, basements, attics, walkouts, or similar spaces. 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall be 3,952 square feet. 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall be 900 square feet. 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be 1,400 square feet. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. .41111) 2. Substantial conformance to the Preliminary Engineering Plans, prepared by Manhard Consulting, Ltd., and dated February 25, 2002, with a final revision date of June 3, 2003, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 3. Substantial conformance to the Preliminary Landscape Plan, prepared by Gary R. Weber Associates, Inc., and dated June 7, 2002, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 4. Substantial conformance to the Edgewater Version 2, In the City of Elgin, final approved plan, prepared by Pulte Home Corporation, and dated 2004, or modifications thereto which may be approved by the Development Administrator pursuant to Section 19.60.200, Changes to Planned Developments. 5. A two (2) foot masonry return on the side elevations shall be provided on each Classic and Manor home located on the 45 foot and 50 foot wide lots as identified on the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 6. Construction of all internal roads as follows: a. Sidewalks may be four feet in width. b. B6-12 curb and gutter is permitted except in the locations of sewer where the city will require B6-18 curb and gutter. c. Right of way shall be 50 feet in width. 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 Elgin Zoning Ordinance with the exception that the corner wrap on each building may be permitted to encroach up to 6 inches into the required building setback. 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 in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 3. Lot Width. In this SFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 45 linear feet, as measured at the building setback line and shall be in substantial conformance to the Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and dated October 1, 2004. 4. Setbacks - Generally. In this SFR2 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" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Arterial Street / Collector Street Setback. The minimum required setback for a building from Bowes Road or the north/south collector road shall be 100 feet. b. Front Setback. The minimum required front setback shall be 20 feet. c. Corner Side Setback. For corner lots, the minimum corner side (street) setback shall be 10 feet. d. Interior Setback. The minimum interior setback shall be 5 feet. e. Rear Setback. The minimum rear setback shall be 20 feet. The following lots shall be only be allowed the construction of accessory structured no greater than twelve(12) linear feet in depth and attached to the building, to encroach into the rear building setback per the requirements of the Development Administrator. Phase 1 of Edgewater Lots — 1-51, 120-229, 285, 292-300, and 300-326. Phase 2 of Edgewater Lots— 342-367, 370-387, 460-518, 521-525, and 527-539. Phase 3 of Edgewater Lots 572-597, 607-617, 620, 636-645, 671- 678, 705-740, and 803-825. Phase 4 of Edgewater Lots 826-849, 874-888, 892-910, 933-935, 937-942, and 944-946. 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. 12. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 13. "Fences and walls" [SR] (UNCL). 14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, 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. 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. 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). 18 DEGREES 29 MINUTES 51 SECONDS WEST, 92.37 FEET; THENCE SOUTH 12 DEGREES 06 MINUTES 30 SECONDS EAST, 92.37 FEET; THENCE SOUTH 13 DEGREES 14 MINUTES 37 SECONDS EAST, 82.13 °es FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 56 SECONDS EAST, 240.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS WEST, 39.15 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 16 SECONDS WEST, 18.88 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, 2,628.02 FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES 49 MINUTES 24 SECONDS EAST, 1,264.98 FEET ALONG THE NORTH LINE OF SAID EAST HALF TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 6: THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST, 356.06 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04 MINUTES 36 SECONDS EAST ALONG SAID LINE, 1,745.31 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 77.65 FEET, ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 20 SECONDS EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 1,097.98 FEET ALONG A LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINING 233.623 ACRES MORE OR LESS." Section 4. That the development of this PSFR2 Planned Single Family Residence District as described in Section 3 shall be developed subject to the following provisions: THENCE NORTH 86 DEGREES 38 MINUTES 00 SECONDS EAST, 53.90 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 49 MINUTES 24 SECONDS WEST, 60.01 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 521.54 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 25.00 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 49 SECONDS WEST, 112.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 420.16 FEET; THENCE SOUTH 54 DEGREES 25 MINUTES 18 SECONDS EAST, 147.97 FEET; THENCE SOUTH 32 DEGREES 02 MINUTES 52 SECONDS WEST, 55.18 FEET; THENCE SOUTH 03 DEGREES 27 MINUTES 02 SECONDS WEST, 158.72 FEET; THENCE SOUTH 03 DEGREES 56 MINUTES 23 SECONDS EAST, 168.10 FEET; THENCE SOUTH 38 DEGREES 03 MINUTES 58 SECONDS EAST, 63.59 FEET; THENCE NORTH 51 DEGREES 56 MINUTES 02 SECONDS EAST, 115.00 FEET; THENCE SOUTHEASTERLY 68.15 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 75.00 FEET, A CHORD BEARING SOUTH 64 DEGREES 05 MINUTES 54 SECONDS EAST AND A CHORD DISTANCE OF 65.83 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 11 SECONDS EAST, 189.88 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 143.05 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 22.00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 1,040.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 233.74 FEET; THENCE SOUTH 58 DEGREES 48 MINUTES 00 SECONDS WEST, 136.33 FEET; THENCE SOUTH 36 DEGREES 59 MINUTES 19 SECONDS WEST, 57.14 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 186.32 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 298.82 FEET; THENCE NORTH 17 DEGREES 53 MINUTES 23 SECONDS EAST, 44.96 FEET; THENCE NORTH 08 DEGREES 11 MINUTES 57 SECONDS EAST, 84.89 FEET; THENCE NORTH 19 DEGREES 52 MINUTES 24 SECONDS WEST, 84.89 FEET; THENCE NORTH 47 DEGREES 56 MINUTES 45 SECONDS WEST, 84.89 FEET; THENCE NORTH 76 DEGREES 01 MINUTES 06 SECONDS WEST, 84.89 FEET; THENCE SOUTH 75 DEGREES 54 MINUTES 33 SECONDS WEST, 84.89 FEET; THENCE SOUTH 47 DEGREES 50 MINUTES 12 SECONDS WEST, 84.89 FEET; THENCE SOUTH TRANSCRIPTS EDGEWATER SUBDIVISION PETITION 1 0-1 1 1 1 S59737 2 3 STATE OF ILLINOIS ) ) SS. 4 COUNTY OF RAN E ) 5 BEFORE THE PLANNING AND DEVELOPMENT COMMISSION 6 OF THE CITY OF ELGIN 7 In Re the Matter of: ) 8 Petition requesting a First ) 9 Amendment to Annexation ) Petition Agreement to permit accessory ) No. 10-11 10 structures; Property located ) at 2700 Bowes Road. ) 11 12 REPORT OF PROCEEDINGS had at the hearing of 13 the above-entitled matter before the Planning and 14 Development Commission of the City of Elgin in 15 the Elgin Municipal Building, Second Floor, 150 16 Dexter Court, Elgin, Illinois, on May 16, 2011, 17 at the hour of 7:03 p.m. 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232. 0265 2 1 PRESENT: 2 MR. ROBERT SILJESTROM, Chairman; 3 MS. CHRISTINE AWE, Member; 4 MR. CHRISTOPHER BARRY, Member; and 5 MS. EMI MORALES, Member. 6 ALSO PRESENT: 7 MS. DENISE MOMODU, Associate Planner; and 8 MR. SAROSH SANER, Senior Planner. 9 10 11 12 47) 13 14 15 16 17 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com -- 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 t PETITION NO. 10-11 3 1 CHAIRMAN SILJESTROM: Good evening, 2 everyone. The hour is 7:03, and the Chair calls 3 this meeting to order. 4 Secretary, please call the roll. 5 MR. SABER: Ms. Christine Awe. 6 MEMBER AWE: Here. 7 MR. SABER: Mr. Christopher Barry. 8 MEMBER BARRY: Here. 9 MR. SABER: Mr. Lewis Gordon. 10 (No response.) 11 MR. SABER: Ms. Emi Morales. 12 MEMBER MORALES: Here. 13 MR. SABER: Ms. Bennie Sowers. 14 (No response.) 15 MR. SABER: Chairman Robert 16 Siljestrom. 17 CHAIRMAN SILJESTROM: Here. 18 The next item on the agenda is the approval 19 of the minutes of May 2nd, 2011. 20 MEMBER AWE: So moved. 21 MEMBER BARRY: Second. 22 CHAIRMAN SILJESTROM: Any discussion? 23 (No response. ) 24 (00P. SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 47) 4 1 CHAIRMAN SILJESTROM: Secretary, 2 please call the roll. 3 MR. SABER: Ms. Awe. 4 MEMBER AWE: Yes. 5 MR. SABER: Mr. Barry. 6 MEMBER BARRY: Yes. 7 MR. SABER: Ms. Morales. 8 MEMBER MORALES: Abstain. 9 MR. SABER: Chairman Siljestrom. 10 CHAIRMAN SILJESTROM: Yes. 11 Before we move into the body of our work, I 12 just want to take a brief moment and cover what 47) 13 it is in summary that we're going to consider 14 tonight. This is both for people in the audience 15 and for those at home who may be watching this on 16 TV. 17 We have two considerations. First of all, 18 we have a request from the folks who operate 19 Edgewater Subdivision out on Bowes Road. They 20 have a request to modify the setback with regard 21 to certain zoning -- buildings that might be 22 attached to existing homes. We will hear the 23 presentation from staff. 24 Then we will go ahead and listen to a SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 5 1 proposal on a sustainability effort by the City 2 of Elgin to help Elgin become one of the leading 3 communities in the sustainability effort, those 4 two things in that order. 5 Having said that, we have a legal 6 requirement at this point. Regarding the 7 petition that we're going to hear first, 8 regarding Edgewater, this is a public hearing, 9 State of Illinois. 10 Anyone who wishes to respond for, against, 11 or make a comment must now stand up and be sworn 12 in with the court reporter. If you're going to 13 say anything tonight, please. It's a legal 14 obligation. 15 (The witnesses were thereupon 16 duly sworn. ) 17 CHAIRMAN SILJESTROM: Okay. Moving 18 ahead. Consideration of Petition 10-11 , 19 requesting a first amendment to the annexation 20 agreement and an amendment to the Planned 21 District Ordinance No. G40-05 to permit accessory 22 structures attached to the principal building of 23 certain properties to encroach into the rear yard 24 setback for the residential subdivision known as SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 AR) 6 1 Edgewater; property located at 2700 Bowes Road, 2 by the City of Elgin, as Applicant, and Pulte 3 Home Corporation, as Owner. 4 Madam Secretary, do you have evidence of 5 proper notice? 6 MS. MOMODU: Yes, we do, 7 Mr. Chairman. 8 CHAIRMAN SILJESTROM: Do you have a 9 list of interested parties? 10 MS. MOMODU: No. 11 CHAIRMAN SILJESTROM: All right. 12 Then would you take over the show, please. Am) 13 MR. SAHER: Good evening, 14 Mr. Chairman. If I may just say a few words 15 before I introduce our staff, Associate Planner 16 Denise Momodu. 17 I just wanted to bring to the attention of 18 the Plan Commission that tonight's petition was a 19 petition initiated by the development 20 administrator of our code administration, 21 community development department. 22 This application was initiated at the 23 request of property owners living within the 24 Edgewater Subdivision to provide them with the SONNTAG REPORTING SERVICE, LTD . 41) sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 7 1 necessary -- the requested departures that are 2 under consideration this evening. 3 To present in more detail the information 4 on these departures is Denise Momodu, our 5 associate planner. 6 MS. MOMODU: Thank you, Sarosh. 7 As Sarosh stated, the application before 8 you tonight has been initiated by the staff. 9 The Edgewater Subdivision was annexed into 10 the City of Elgin in 2004 and is an 11 age-restricted community. The subdivision 12 contains approximately 408 acres of land. The 13 developer was approved to develop the subdivision 14 with 1,068 single-family dwelling units, a 15 clubhouse, and permanent open space. 16 As Sarosh has stated, several of the 17 homeowners within the subdivision have requested 18 to construct screened-in porches on existing 19 balconies within the subdivision and also we have 20 received an application for an attached pergola 21 on top of an existing balcony. 22 The zoning ordinance allows property owners 23 to construct accessory structures such as 24 pergolas, decks, and balconies across the rear SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800.232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 8 1 yard provided they are set back 6 feet from the 2 interior lot line. 3 When Edgewater Subdivision was approved in 4 the Planned Single-Family Residence District -- 5 when it was approved, they were permitted to 6 construct balconies at grade -- no balcony -- 7 sorry, greater than 4 feet in height, no greater 8 than 12 feet in depth to encroach within the 9 required 20-foot building setback on certain 10 properties. 11 In the petition before you tonight, we are 12 requesting to allow balconies and other accessory 44) 13 structures to encroach into the 20-foot building 14 setback on properties as identified, if you can 15 see the map over there. 16 Of the 1,068 single-family dwellings, staff 17 have identified about 484 lots, and that' s about 18 45 percent of the total subdivision that is 19 currently backing up to permanent open space 20 within the subdivision. 21 What we are proposing is to allow for these 22 properties that -- if the permanent open space is 23 less than 400 feet, to allow an accessory 24 structure of no greater than 12 feet in depth to SONNTAG REPORTING SERVICE, LTD. 4") sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 9 1 encroach within the setback, and When we have 2 properties adjoining permanent open space that is 3 greater than 400 feet, to allow them an accessory 4 structure that measures 12-by-22 feet. 5 That is our presentation before you 6 tonight. If you have any questions. 7 CHAIRMAN SILJESTROM: Any questions 8 from members of the Commission? 9 Mr. Barry? 10 MEMBER BARRY: No questions. 11 CHAIRMAN SILJESTROM: Ms. Awe? 12 MEMBER AWE: No questions. 13 CHAIRMAN SILJESTROM: Ms. Morales? 14 MEMBER MORALES: I have one. What 15 will be the effect on our open space, if any? 16 MS. MOMODU: The effect of the open 17 space within the Edgewater Subdivision? 18 MEMBER MORALES: Yes. 19 MS. MOMODU: Oh, on the open space? 20 MEMBER MORALES: Yes. 21 MS. MOMODU: The effect would be zero 22 because the accessory structures will be on the 23 private property of each individual homeowner. 24 MEMBER MORALES: Will you have taken r SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800.232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 10 1 into consideration the closeness of the 2 properties towards each other with all these 3 accessories that will be built on them, the 4 sunrooms and buildings, and all that? 5 MS. MOMODU: Yes, we have. The 6 smallest deck that we found off the permanent 7 open space within the subdivision is 20 feet, B plus or minus 20 feet. So no open space is 9 smaller than that. 10 MEMBER MORALES: To the nearest 11 neighbor. 12 MS. MOMODU: To the nearest property, 4111) 13 yes. 14 MEMBER MORALES: That' s it. Thank 15 you. 16 MS. MOMODU: Thank you. 17 CHAIRMAN SILJESTROM: A very 18 important part of the public hearing is to hear 19 from people in the audience -- neighbors, 20 citizens, people who have something to say with 21 regard to one of the proposals that we're 22 listening, to. So tonight that rule applies, and 23 I have the names of three people. 24 Starting with Mr. Zalewski, sir, the floor SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 11 1 is yours. Tell us your name, spelling your name 2 for the court reporter. 3 MR. ZALEWSKI: My name is Eugene 4 Zalewski, E-u-g-e-n-e Z, as in zebra, 5 -a-l-e-w-s-k-i, 817 Rambling Brook Circle, Elgin, 6 Illinois. 7 I would speak in favor of the proposed 8 amendment, and in addition to that, I would like 9 to make sure there's a clarification, and that 10 is -- if we can dim the lights, and may I 11 approach the diagram? 12 CHAIRMAN SILJESTROM: Absolutely. 13 MR. ZALEWSKI: Is there any 14 particular reason why some of the units are in 15 one color as opposed to another color? 16 MR. SANER: Would you like me to 17 answer that now? 18 CHAIRMAN SILJESTROM: Please. 19 MR. SABER: The reason that some 20 units are in a lighter yellow color is because 21 the open space measured from the back rear lot 22 line is less than 400 feet. So those properties 23 in a lighter color would be permitted a 12-by-12 24 structure to encroach into the rear-yard setback. SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 4") 12 1 Where the open space is greater than 2 400 feet, those lots are colored in a darker 3 yellow, and they will be allowed a 12-by-22 4 structure to allow -- to encroach into the 5 rear-yard setback. 6 The depth will always remain 12 feet. The 7 width of the structure will vary from 12 feet of 8 properties backing to 400 feet or less of open 9 space, and the width of a structure will be 10 allowed to go up to 22 feet for properties that 11 back up to open space greater than 400 feet. 12 So where the impact is greater on a 4111) 13 property backing up to the subject property, we 14 are proposing that a smaller structure be allowed 15 to encroach. Where the open space is just wide 16 and vast, greater than 400 feet, we're allowing 17 for a wider structure. So the impact is minimal. 18 MR. ZALEWSKI: If I may approach? 19 CHAIRMAN SILJESTROM: Please, 20 Mr. Zalewski. 21 MR. ZALEWSKI: There are houses right 22 here that do have probably more than 400 feet 23 that have not been identified, and they are not 24 marked with that color. Those three houses, and SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 .0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 13 1 particularly I happen to be one of them, the 2 other two I think were not able to attend. I 3 know one of the others have submitted a proposal. 4 I would like to make sure that the 5 Commission and the village staff identify these 6 and possibly others here that would probably be 7 in that 400-foot range. 8 MR. SANER: We would look at that and 9 identify that. If that's the case, we would be 10 happy to make the changes. 11 MR. ZALEWSKI: I just wanted to make eift 12 sure that that's noted. Thank you. 13 CHAIRMAN SILJESTROM: That's an 14 important part of the public hearing is to hear 15 people like yourself that have observations, 16 maybe things that those of us who do not live 17 there or staff, we don't know about yet, unless 18 someone like yourself calls that to our 19 attention. 20 MR. ZALEWSKI: Thank you. 21 CHAIRMAN SILJESTROM: The next person 22 will be Mr. Griffin. Sir. 23 M. GRIFFIN: Good evening, 24 Mr. Chairman, Commissioners. eft' SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 47) 14 1 My name is Bill Griffin, G-r-i-f-f-i-n. I 2 live at 2441 Cape Cod Circle, Lot 501. 3 We're here tonight to also support the 4 ordinance. With the help of staff, we have 5 gotten it to this point, and I just had a couple 6 of pictures. You don't need to return these. 7 This is our home and probably a typical over B 400-foot open space situation. 9 It's our intention to build a 12-by-22 10 deck on -- screened-in porch on our deck, and it 11 kind of -- it just gives a better idea of what' s 12 out there as far as open space. We're not Ale) 13 encumbered, and we appreciate your help tonight 14 in having this vote for our screened-in porch. 15 CHAIRMAN SILJESTROM: I will order 16 those made part of the public record. 17 MR. GRIFFIN: Okay. Very good. 18 CHAIRMAN SILJESTROM: Now, is your 19 lot one of those that does not permit the 20 wider -- 21 MR. GRIFFIN: No, it does. 22 CHAIRMAN SILJESTROM: It does. Okay. 23 MR. GRIFFIN: Yeah. We probably have 24 about 1500 feet of open space behind our house. 47) SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 15 1 We're all the way up at the north end. 2 We've been very happy. We've been there 3 two years, and we've been very happy with Pulte 4 and certainly very happy with the City, and we're 5 looking forward to a positive vote. 6 CHAIRMAN SILJESTROM: Mr. Secretary, 7 would you make these part of our public record, 8 please. 9 MR. SANER: Certainly. 10 CHAIRMAN SILJESTROM: The Griffin's 11 house. 12 Okay. The third person who has asked for 13 time is Doug Smith. Mr. Smith. 14 MR. SMITH: My name is Doug Smith. I 15 believe you can probably spell that, without the 16 E. 17 Mr. Chairman, staff, thank you very much. 18 I'm here to support this proposal. I happen to 19 live in a house that last year was allowed to 20 build a porch into the setback area, and I can 21 tell you from my experience that everybody that 22 comes by says, Wow, what a great addition to our 23 subdivision, it looks great, and how can we get 24 one. (Pk SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 47) 16 1 So, you know, it' s something that the 2 people who are going to do this, and like the 3 Griffins, they are going to use it. It' s going 4 to make the community look better, and I think 5 it's just a plus. 6 So I applaud what you've done here because 7 all those big open areas, a porch in the back of 8 any of those residences will not bother anybody 9 else, as my porch hasn't bothered anybody. In 10 fact, most of my neighbors have been on my porch 11 and enjoy it. 12 So again, I totally agree with what has 47) 13 been proposed here. Thank you. 14 CHAIRMAN SILJESTROM: Thank you, 15 Mr. Smith. 16 Now, I see one, two, three women. I don't 17 see any ladies' names on this list, but that does 18 not preclude them from saying something. 19 If there is someone here who hasn't spoken 20 who wishes to speak, you may identify yourself, 21 be sworn in with the court reporter, and tell us 22 what's on your mind. 23 (The witness was thereupon duly 24 sworn. ) SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 17 1 MS. SMITH: My name is Pat Smith, 2 S-m-i-t-h, 2451 Cape Cod Circle. 3 I just want to say that this porch that the 4 Griffins are planning on building will enhance 5 the neighborhood and increase the value of the 6 homes, but the one thing we like most about the 7 porch that we have is -- the mosquitoes now 8 because we're right next to a swamp, and we 9 cannot sit outside at all in the summer. And 10 when you get older, mosquito bites really bother 11 you. 12 So please give them the porch. Thank you. 13 CHAIRMAN SILJESTROM: Thank you. 14 Anyone else in the room who hasn't spoken 15 who wishes to speak? 16 (No response.) 17 CHAIRMAN SILJESTROM: Moving ahead 18 then, Mr. Secretary or Madam Secretary, what is 19 the posture of the staff with regard to this 20 petition? 21 MR. SABER: Thank you, Mr. Chairman. 22 Staff is recommending approval of this 23 petition to allow for the departures that have 24 been requested of the City. SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 47, 18 1 When Edgewater was constructed or designed 2 and approved to an annexation agreement in 2003 3 and 2005, it was designed very specifically with 4 smaller lots on which ranches, such as the ones 5 that have been constructed there, were to be 6 constructed. 7 The ranch models that were proposed at that 8 time were designed to fit pretty much the entire 9 buildable area of these lots with very little 10 room then left over for any additional accessory 11 structures, such as a balcony or a sunroom or a 12 screened-in porch. 47) 13 A very big advantage that a buyer within 14 Edgewater has today and those that are here are 15 enjoying are the vast open spaces that were 16 created as part of this subdivision. 17 Pulte Homes actually naturalized a lot of 18 the areas within the subdivision to provide for 19 this open space. Some of them are in the form of 20 wetland areas with pathways around them, 21 bikeways, and naturalized areas with natural 22 vegetation that the property owners can enjoy. 23 However, we found that there wasn't much room 24 again for them to enjoy a semi-outdoor space. SONNTAG REPORTING SERVICE, LTD. A7) sonntagreporting.com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 19 1 Mr. Smith, who is here this evening, 2 described a variation that was granted to him 3 last year, and staff supported that and it was 4 approved because their property was unique in the 5 sense that it was surrounded by open space. It 6 was the one and only property within the entire 7 subdivision that does not abut another property 8 within the subdivision. 9 However, when Mr. Griffin approached the 10 City of Elgin earlier this year, we found that 11 there was not -- nothing unique about his 12 property that differentiated it from other 13 properties within the subdivision, thereby 14 requiring us to go to the zoning ordinance, which 15 required us to amend the zoning -- the planned 16 district ordinance for the subdivision, thereby 17 bringing you this petition this evening. 18 So staff has already created precedence in 19 granting an approval in the past and continues to 20 support and recommend approval of this evening's 21 petition. 22 CHAIRMAN SILJESTROM: Okay. Having 23 heard that from staff, the Chair will then 24 entertain a motion on Petition 10-11. em- SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 44) 20 1 MEMBER MORALES: So moved. 2 MEMBER AWE: Second. 3 CHAIRMAN SILJESTROM: Any discussion? 4 (No response.) 5 CHAIRMAN SILJESTROM: Anybody have 6 any questions of staff, of the Petitioners, of 7 the folks in the audience? Any points they want 8 to bring up? 9 Mr. Barry. 10 MEMBER BARRY: None other than that I 11 have disclosed to staff that I have numerous 12 friends who live along some of those lots, and I 41) 13 too have sat in the backyard; and even though 14 they are younger friends, the mosquitoes do tend 15 to attack, and if I lived there, I too would want 16 a porch of some kind. 17 Again, I have disclosed that, and you do 18 not believe that is a conflict of interest that I 19 know people in that area, and I too would wish 20 that I could build a deck if I lived there, and I 21 hope my friends do. 22 That is my only comment. 23 CHAIRMAN SILJESTROM: Ms. Awe, a 24 comment from you? SONNTAG REPORTING SERVICE r LTD. sonntagreporting. com - 800 .232 .0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 21 1 MEMBER AWE: No comment. 2 CHAIRMAN SILJESTROM: Ms. Morales? 3 MEMBER MORALES: None. 4 CHAIRMAN SILJESTROM: Okay. 5 Secretary, then please call the roll, and 6 let me ask that each person who makes a vote 7 explain why they are voting the way they have 8 voted or will vote. 9 Call the roll, please. 10 MR. SABER: Ms. Awe. 11 MEMBER AWE: I'm voting yes because (00Pft 12 this plan is good, and I like it. 13 MR. SABER: Mr. Barry. 14 MEMBER BARRY: I'm voting yes, and I 15 think I've already stated my reasons why. 16 MR. SABER: Ms. Morales. 17 MEMBER MORALES: I am voting yes. 18 This seems to have no effects on open space, and 19 it's great for the community, and since we didn't 20 hear anything contrary to the good neighbors who 21 wanted it, so yes. 22 MR. SAROSH: Chairman Siljestrom. 23 CHAIRMAN SILJESTROM: I'm going to 24 vote yes. I was out there today and took a look SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 22 1 at many of the areas that are involved, and I can 2 find no reason of any kind for other than a yes 3 vote, so yes. 4 What's the final tally, Mr. Secretary? 5 MR. SABER: The vote was unanimous in 6 favor of making a positive recommendation to the 7 City Council. 8 CHAIRMAN SILJESTROM: That will be 9 our recommendation to the City Council. 10 Madam Court Reporter, that concludes our 11 work on 10-11. You may be excused. 12 (Which were all the proceedings 13 had in the above-entitled matter 14 ending at the hour of 7:24 p.m. ) 15 16 17 18 19 20 21 22 23 24 411, SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 .0265 REPORT OF PROCEEDINGS -- 5/16/2011 PETITION NO. 10-11 23 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY OF K A N E ) 3 4 I, JOANNE E. ELY, Certified Shorthand 5 Reporter No. 84-4169, CSR, RPR, and a Notary 6 Public in and for the County of Kane, State of 7 Illinois, do hereby certify that I reported in 8 shorthand the proceedings had in the 9 above-entitled matter and that the foregoing is a 10 true, correct, and complete transcript of my 11 shorthand notes so taken as aforesaid. rh* 12 IN TESTIMONY WHEREOF I have hereunto set my 13 hand and affixed my Notarial Seal this 24th day 14 of May, 2011. 15 16 17 clteg 18 a• ,� _ -- 4-3 19 = Certified Shorthan Reporter 20 21 My commission expires OFFICIAL SEAL May 16, 2012. JOANNE EELY NOTARY PUBLIC-STATE OF ILLINOIS 22 MY COMMISSION EXPIRES:O5/16/12 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 .0265 DRAFT SECOND AMENDMENT TO ANNEXATION AGREEMENT PETITION 10-11 SECOND AMENDMENT TO ANNEXATION AGREEMENT (EDGEWATER) THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT ("Amendment"), made and entered into this day of , 2011,by and between THE CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Kane and Cook, State of Illinois (the "City") and PULTE HOMES CORPORATION, a Michigan Corporation ("Developer " and "Owner") WITNESSETH WHEREAS, Owner and the City executed an Annexation Agreement dated June 11, 2003 which has been subsequently amended, (the "Agreement"); and WHEREAS, Owner desires to amend Exhibit "C-2" attached to and made a part of the Agreement; and WHEREAS, the City desires to accommodate Owner's desire to so amend such Exhibit "C-2": and WHEREAS, the City has held the public hearings on the proposed amendment to the annexation agreement and the proposed PSFR2 zoning ordinances as required by law feb- NOW, THEREFORE, for and inconsideration of the premises and the mutual promises and agreements herein contained and pursuant to the authority and conditions given and contained in the statutes of the State of Illinois, the parties 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 5/11-15.1-1 et. seq) and in the exercise of the home rule power of the City. B. Exhibit "C-2"of the Agreement,being the PSF2 Planned Single Family Residential District ordinance, is hereby amended as set forth in Exhibit 1 attached hereto and made a part hereof by this reference. The City agrees to adopt said amended PSFR2 Planned Single Family Residential District ordinance within thirty(30) days following the entry into and execution of this amendment. C. In the event of any conflict between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. In all other respects, the Agreement shall remain in full force and effect as originally written and as amended. r CITY OF Elgin By: ATTEST: By: City Clerk PULTE HOMES CORPORATION. a Michigan Corporation, By: Its: A) A) • Agenda Item No. City of Elgin June 22, 2011 TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager,,alfQ. Denise Momodu, Associate Planner SUBJECT: Second Amendment to Annexation Agreement Edgewater Subdivision (Petition 10-11) PURPOSE Consideration of Petition 10-11 Requesting a Second Amendment to the Annexation Agreement and an Amendment to the Planned District Ordinance No. G40-05, to Permit Accessory Structures Attached to the Principal Building of Certain Properties to Encroach into the Required Rear Yard Setback, for the Residential Subdivision known as Edgewater; Property Located at 2700 Bowes Road,by the City of Elgin, as Applicant, and Pulte Home Corporation, as Owner. RECOMMENDATION The Community Development Group recommends the approval of Petition 10-11, subject to the following conditions: 1. The departure allowing for accessory structures attached to the principal building to encroach into the required rear yard setback shall be restricted to 538 lots as identified on the Edgewater Subdivision Plan designed by the Community Development Department and dated June 2011. 2. Compliance with all applicable codes and ordinances. The Planning and Development Commission concurred with the Community Development Group and recommended the approval of Petition 10-11. On a motion to recommend approval, subject to the conditions outlined by the Community Development Group, the vote was four (4) yes and zero (0) no. Therefore, the motion to recommend approval of Petition 10-11 was adopted (reference the Findings of Fact and Transcripts dated May 16, 2011, and the proposed Second Amendment to Annexation Agreement). Mayor and Members of City Council June 22, 2011 Page 2 BACKGROUND An application has been filed by the City of Elgin, requesting a first amendment to the annexation agreement and an amendment to the planned district ordinance. The property is located at 2700 Bowes Road. The Edgewater subdivision was annexed to the City of Elgin in February of 2004, as an age restricted community. The subdivision contains approximately 408 acres of land area. The developer received approval to develop the subject property with 1,068 single-family dwelling units, a clubhouse, and permanent open space. As part of the planned development, balconies no greater than 12 feet in depth were allowed to encroach into the required 20-foot rear yard building setback, on the certain lots specifically identified within the subdivision. The encroachment of balconies was restricted to lots that had topography resulting in lookout or walkout basements having elevated decks that exceeded four feet in height. Several homeowners within the subdivision have requested building permits for accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to be constructed on an existing balcony that is allowed to encroach into the required rear yard setback. The zoning ordinance allows a property owner to construct accessory structures such as a deck of up to four feet in height, or free-standing pergolas across the rear yard provided they are set back 5 feet from any interior lot line. Balconies (any deck that exceeds four feet in height) and accessory structures attached to the principal building are required to meet the standard rear yard setback, because the height and mass of these structures has a more significant impact in the rear yard and the adjoining properties. Only properties backing up to permanent open space will be subject to this amendment. The maximum allowable size of an accessory structure will be 12 by 12 feet on lots backing up to open space that is up to 400 feet in depth, and 12 by 22 feet on lots backing up to permanent open space greater than 400 feet in depth. The allowed encroachment of the accessory structures attached to the building will be restricted to 538 (50%) of the 1,068 single-family detached dwellings. The City of Elgin is requesting approval for an amendment to the PSFR2 Planned Single Family Residence District Ordinance to permit accessory structures constructed on balconies or at grade and no greater than 12 feet in depth, to encroach into the required 20-foot rear yard building setback. CHANGES SINCE THE PUBLIC HEARING Staff initially identified 484 lots that would be allowed the requested encroachment of accessory structures attached to buildings on the plan prepared by the Community Development Department and dated May 2011. Following testimony obtained at the public hearing, staff reevaluated the number of lots subject to requested encroachment and found an additional 54 lots for a total of 538 Mayor and Members of City Council June 22, 2011 Page 3 lots. These lots are identified on the Edgewater Subdivision Plan prepared by the Community Development Department and dated June 2011. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards, regulations, requirements, and procedures of the Elgin Zoning Ordinance and Subdivision Ordinance. Edgewater Subdivision was approved in 2004, with a number of departures from the standard requirements of the zoning and subdivision regulations. The City is requesting the following departure from the requirements of Ordinance G40-05 entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District (Edgewater Club—2700 Bowes Road)": • Section 5.e. Rear Setback. The zoning ordinance requires a rear building setback of twenty (20) linear feet from a rear lot line. The City is requesting a departure to allow accessory structures attached to the building no greater than twelve (12) feet in depth to encroach into the rear yard building setback on 538 lots. SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Community Development Group has developed or identified the following findings, unresolved issues and alternatives: A. Summary of Findings: Positive attributes: Edgewater Subdivision, an upscale active adult community, is unique in its design such that 140 acres (34%) of the 408 acres are designed to remain as open space comprising of detention and retention ponds, wetlands, floodplains and open space. Commonly-owned open space is provided behind most homes, and a network of trails provides pedestrian access through most of the subdivision. Residential lots are designed to maximize the views to these open spaces. All 538 lots proposed to be subject to the reduction in the rear building setback, back up to permanent open space within the subdivision where the encroachment of an accessory structure attached to the building will have a minimal impact on the surrounding area. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. ribs There are no substantive alternatives to the proposal other than an approval, denial, or approval with conditions.