12-168 Resolution No. 12-168
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, LLC,
NESLER AND LAKE LOTS, LLC AND WEST POINT GARDENS SOUTH, LLC
(West Point Gardens Subdivision)
WHEREAS, the Owner of certain property commonly known as the West Point Gardens
Subdivision at 100 Nesler 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 First Amendment to Annexation Agreement with West Point
Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC is in the best
interests of the City of Elgin.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk,be and are
hereby authorized and directed to execute on behalf of the City of Elgin a First Amendment to
Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West
Point Gardens South,LLC, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 14, 2012
Adopted: November 14, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
• Fully executed agreement was never provided to the City Clerk's Office.
Resolution No. 12-168
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, LLC,
NESLER AND LAKE LOTS, LLC AND WEST POINT GARDENS SOUTH, LLC
(West Point Gardens Subdivision)
WHEREAS, the Owner of certain property commonly known as the West Point Gardens
Subdivision at 100 Nesler 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 First Amendment to Annexation Agreement with West Point
Gardens Homes,LLC,Nesler and Lake Lots,LLC and West Point Gardens South,LLC is in the best
interests of the City of Elgin.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute on behalf of the City of Elgin a First Amendment to
Annexation Agreement with West Point Gardens Homes,LLC,Nesler and Lake Lots,LLC and West
Point Gardens South,LLC,a copy of which is attached hereto and made a part hereof by reference.
David J. Kaptain, Mayor
PYLORE.O.G D Alke
for:
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Will call again ❑I Please return the II D ❑ See me
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Phone: DateW 1\I t C�j Time By 1a p•Mcts•1/4
DRAFT 10-12-12 - SBS
FIRST AMENDMENT TO ANNEXATION AGREEMENT
(West Point Gardens Subdivision)
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT
(Amendment) is made and entered into this day of , 2012
by and between the City of Elgin, Illinois, a Municipal Corporation, of the Counties of
Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and West
Point Gardens Homes LLC, Nesler and Lake Lots LLC and West Point Gardens South
LLC (hereinafter referred to as "Developer" and "Owner") as successor in interest to
Linda Meyer, as trustee of the Erwin W. Meier Declaration of Trust dated January 16,
1992, and Laverne Meier as trustee of the Erwin W. Meier Declaration of Trust dated
January 16, 1992, and West Point Builders Developers, Inc. Linda Meyer, as trustee of
the Erwin W. Meier Declaration of Trust dated January 16, 1992, and Laverne Meier as
trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992, and West
Point Builders Developers, Inc.
WITNESSETH
Whereas, owner is the owner of record of the real property legally described in
Exhibit "A", which is attached and made a part hereof (which real property, for
convenience, is hereafter referred to as the "Subject Property"); and
Whereas, the City and Owner previously entered into an Annexation Agreement
for the subject property dated January 12, 2005 (hereinafter referred to as the
"Agreement"); and
Whereas, Exhibit K of the Annexation Agreement contains Building Elevations
for Residential Structures to be constructed in the West Point Gardens Subdivision; and
Whereas, The Owner now desires to add additional building elevations and floor
plans to the West Point Gardens Subdivision. The additional building elevations as
depicted in Exhibit B which is attached hereto and made a part hereof (the "Building
Elevations for residential Structures").
Whereas, Owner desires to amend Exhibit"C-i"of the Agreement, being the
PSFR2 Planned Single Family Residence District ordinance, and Exhibit"C-iii", being
PMFR Planned Multiple Family Residence District ordinance, attached to and made a
part of the Agreement; and
Whereas,the City desires to accommodate Owner's desire to so amend such
Exhibits "C-i" and"C-iii"; and
Whereas,the City has held the public hearings on the proposed amendment to the
annexation agreement and the proposed amended PSFR2 and PMFR 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 First Amendment to Annexation Agreement 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. The"Building Elevations for Residential Structures"exhibit attached as
Exhibit K to the Annexation Agreement is hereby expanded to permit the building
elevations and floor plans as depicted in Exhibit B of this amendment.
C. Exhibit "C-i" of the Agreement, being the PSFR2 Planned Single Family
Residence District ordinance, and exhibit C-iii, being PMFR Planned Multiple Family
Residence District ordinance, are hereby amended as set forth in Exhibit C attached
hereto and made a part hereof by this reference. The City agrees to adopt said amended
PSFR2 and PMFR ordinances within thirty (30)days following the entry into and
execution of this amendment.
D. In the event of any conflict between the terms of the Agreement and the
terms of this First Amendment to the Agreement,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.
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have
hereunto set their hands and seals and have caused this instrument to be executed, by
their duly authorized officials and the corporate seal affixed hereto, all on the day and
year first above written.
CITY: OWNERS:
CITY OF ELGIN, a municipal corporation West Point Gardens Homes LLC
Nesler and Lake Lots LLC
West Point Gardens South LLC
By: By:
Mayor
Its:
Attest:
By:
City Clerk
First Amendment to Annexation Agreement:
List of exhibits:
Exhibit A - Legal Description of Property
Exhibit B - Building Elevations for Residential Structures
Exhibit C - "C-i"—PSFR2 Planned Single Family Residence District Ordinance No. G74-08
approved November 5, 2008
"C-iii"—PMFR Planned Multiple Family Residence District Ordinance No. G73-08
approved November 5, 2008
Exhibit A— Legal description of Subject Property
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIPE AT THE NORTHWEST CORNER OF SAID
NORTHEAST QUARTER; THENCE SOUTH 00,2225" EAST ALONG THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 438.69
FEET TO A POINT ON THE CENTERLINE OF U.S. ROUTE 20; THENCE
SOUTHEASTERLY ALONG THE CENTERLINE OF SAID U.S. ROUTE 20 FOR THE
FOLLOWING THREE (3) COURSES: (1) THENCE SOUTH 64,16'30" EAST, A
DISTANCE OF 522.82 FEET TO THE POINT OF BEGINNING: (2) THENCE SOUTH
64,16'30" EAST, A DISTANCE OF 944.37 FEET TO A NON-TANGENT CURVE: (3)
THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 20,000 FEET AND A CHORD BEARING OF SOUTH 64,55'34"
EAST, AN ARC LENGTH OF 291.17 FEET; THENCE SOUTH 31,0812" WEST, A
DISTANCE OF 794.10 FEET; THENCE SOUTH 65,3113" EAST, 289.75 FEET TO
THE CENTERLINE OF NESSLER ROAD; THENCE CONTINUING SOUTH 31,1027"
WEST ALONG SAID CENTERLINE, 1464.75 FEET TO A NON-TANGENT CURVE;
THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE BEING A CURVE
TO THE RIGHT HAVING A RADIUS OF 3032.05 FEET AND A CHORD BEARING OF
SOUTH 35,47'46" WEST, AN ARC LENGTH OF 498.47 FEET TO A POINT OF NON-
TANGENCY; THENCE SOUTH 40,34'41" WEST ALONG SAID CENTERLINE,
2415.62 FEET; THENCE NORTH 49,48'59" WEST, 1503.35 FEET TO THE EAST
LINE OF MONTAGUE FOREST UNIT NUMBER 7 SUBDIVISION ACCORDING TO
THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 1400372; THENCE
NORTH 46,19'38" EAST ALONG SAID EAST LINE, 992.20 FEET; THENCE NORTH
46,2T47" EAST, A DISTANCE OF 1478.82 FEET; THENCE NORTH 48,43'03" WEST,
A DISTANCE OF 590.63 FEET; THENCE NORTH 25,0147" EAST, A DISTANCE OF
1688.43 FEET; THENCE SOUTH 64,16'30" EAST, A DISTANCE OF 574.05 FEET;
THENCE NORTH 25,01'07" EAST, A DISTANCE OF 530.44 FEET TO THE POINT OF
BEGINNING; IN BOTH ELGIN AND PLATO TOWNSHIPS IN KANE COUTNY,
ILLINOIS.
EXCEPTING THEREFROM THAT PART OF NESLER ROAD DEDICATED BY
DOCUMENT NUMBER 1364520.
AND ALSO EXCEPTING THEREFROM THAT PART OF THE LAND CONVEYED BY
TRUSTEE'S DEED (NON-FREEWAY) BY LINDA L. MEYER, AS SUCCESSOR
TRUSTEE OF THE ERWIN W. MEIER DECLARATION OF TRUST DATED JANUARY
16, 1992 AS TO AN UNDIVIDED ONE-HALF INTEREST, AND LAVERNE MEIER, AS
TRUSTEE OF THE LAVERNE MEIER DECLARATION OF TRUST DATED JANUARY
16, 1992 AS TO AN UNDIVIDED ONE-HALF INTEREST, GRANTORS, TO THE
PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION,
GRANTEE, DATED JUNE 15, 2004 AND RECORDED OCTOBER 10, 2004 AS
DOCUMENT 2004K135981, DESCRIBED AS FOLLOWS: THAT PART OF THE
NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING
AT AN IRON PIPE AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE ON AN ASSUMED BEARING SOUTH 00,19'48" EAST, 438.41
FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER TO A POINT ON
THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 64,16'41" EAST, 519.40
FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 64,16'41" EAST ALONG SAID CENTERLINE, 946.86 FEET;
THENCE SOUTHEASTERLY 291.17 FEET ALONG SAID CENTERLINE, BEING A
CURVE TO THE LEFT, HAVING A RADIUS OF 20000.00 FEET (CHORD BEARS
SOUTH 64,41'42" EAST, 291.17 FEET); THENCE SOUTH 31,10'52" WEST, 46.64
FEET; THENCE NORTHWESTERLY 443.74 FEET ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 30105.95 FEET, (CHORD BEARS NORTH 64,38'40"
WEST, 443.73 FEET); THENCE NORTH 64,13'20" WEST, 789.44 FEET; THENCE
NORTH 25,11'36" EAST, 46.38 FEET TO SAID CENTERLINE OF U.S. ROUTE 20;
SAID POINT ALSO BEING THE POINT OF BEGINNING, IN KANE COUNTY,
ILLINOIS.
ALL OF THE ABOVE DESCRIBED PROPERTY CONTAINS 172.053 ACRES OF
LAND, MORE OR LESS.
Exhibit B
jest 4�olnt
Discover A Better Place To Grow
WEST POINT GARDENS
• West Point Builders is requesting the
following modifications to our
Developmental Agreement with the City of
Elgin .
• First, we are asking to amend the
agreement for additional elevations for our
Heritage and Kingston Single Family
Homes . Colored renderings of the
proposed new elevations follow for you to
review. Each home would have new
elevations . All elevations are in full
compliance with the City of Elgin 's West
Planning Area Design Criteria .
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• The second request for the single family
portion of our community is to mix homes
that were originally planned for one series
of lots and make them available on the
other series of lots as long as they meet
the setbacks as approved in our
Development Agreement.
• I am attaching two streetscapes
demonstrating the same three homes on
both series of lots . The homes that are
shown in the two streetscapes are the
Amherst (Heritage Series) , the Templeton
(Kingston Series) and the Middlebury
(Heritage Series) . This will give us a
greater variety of streetscape and
enhance the value in our Community.
Mixed Streetscape
on Heritage
Home Sites
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• Third we are requesting to add more floor
plans to West Point Gardens . These
additional homes will be designed for our
Kingston (60' ) lots and will have a garage
that is accessed from the street.
• The garage in the front is recessed a minimum
of two feet from the front of the home . We will
add a ranch floor plan that will be 1 , 900 to 2 , 000
square feet. We are adding two four bedroom
two-story homes in the 2 , 100 to 2 ,400 square
foot range and one in the 2 , 700 square foot
range. In addition we are also adding a single
family home with a master suite on the first floor
in the 2 , 500 square foot range. We will be
adding these homes to the homes with the
garages in front already approved by the City.
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• The fourth request is for the Townhome
portion of our community. We are
proposing new elevations for each
Townhome that will be in full compliance
with Elgin 's criteria for the West Planning
Area . Each home within a Townhome
building is able to choose their elevation
as long as it meets our monotony code .
• With this change we will be mandating criteria on
the Key Lots noted on the enclosed Site Map.
Homes on the end of a Townhome building
where the side of the home faces a public street
will have brick on the first floor. Also, homes in
the Townhome building facing Nesler Road will
have brick on the first floor of the front of the
home. I have enclosed a streetscape of a
Townhome building with a mixture of our
proposed elevations and new elevations .
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Thank You
west Point
Discover A Better Place To Grow
Exhibit C
"Ci°
Ordinance No. G74-08
AN ORDINANCE
AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G6-05
(West Point Gardens Subdivision— 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PSFR2 Planned Single Family Residence District; and
WHEREAS, written application has been made to amend PSFR2 Planned Single Family
Residence District Ordinance No. G6-05 to permit the construction of additional residential
building elevations and floor plans in the West Point Gardens Subdivision; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated October 15, 2007, 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. G8-05 entitled "An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District," passed January12,
2005, be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PSFR2 Planned Single
Family Residence District,the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, and revised on
December 21, 2004, designated in the PSFR2 Planned Single Family Residence
District."
Section 4. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
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.
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. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics, of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
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, and in the Annexation Agreement. 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 4,800 square feet per dwelling unit, and in
substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be in substantial conformance to the Preliminary Plat of Subdivision
prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be as follows:
i. 40 foot wide lots. Eight(8) linear feet(lots 117-296).
ii. 60 foot wide lots. Ten (10) linear feet (lots 1-116, and
297-343 as depicted on the Preliminary Plat of Subdivision,
prepared by Cowhey Gudmonson Leder, Ltd., and dated
January 3, 2005).
b. Collector Street Setback. Where a zoning lot has frontage on a
buffer yard adjoining a collector street, the minimum required
setback for a building shall be ten (10) linear feet from the buffer
yard.
c. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be as follows:
i. 40 Foot Wide Lots (lot numbers as noted above). Zero
(0) linear feet, however, the combined setback of both side
setbacks shall be a minimum of five (5) linear feet.
ii. 60 Foot Wide Lots (lot numbers as noted above). Zero
(0) linear feet, however, the combined setback of both side
setbacks shall be a minimum of ten (10) linear feet.
d. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] shall be as follows:
i. 40 Foot Wide Lots (lot numbers as noted above).
eighteen and one-half(18.5) linear feet..
ii. 60 Foot Wide Lots (lot numbers as noted above). On
those lots that do not have an alley to the rear of the lot, the
required building setback shall be sixteen (16) linear feet.
In all other cases, the building setback shall be eighteen and
one-half(18.5) linear feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance, with the following exception: For the purpose of
determining setbacks, accessory buildings used for the parking of
motorized vehicles (commonly known as "garages"), shall be subject to
Section 2, Paragraph G. Site Design, Subparagraph 5. Setbacks by Lot
Line._
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 equal the
"zoning lot area" [SR] times 0.60 (60%).
9. Building Coverage. In this PSFR2 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.55 (55%).
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the "zoning lot area" [SR] times 0.20 (20%).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand six
hundred (1,600) square feet.
12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the Master LS Plan pages 1
through 5, encompassing the Master LS Plan 2, Planting Details, and
Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd.,
and dated September 9, 2004.
13. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the following building elevations and
floor plans for the Meier Farm, all prepared by Matarazzo Land
Planning Consultants, Inc., and dated June 24, 2004, unless
otherwise noted:
i. 1787 sf, 2 Bedrooms Upstairs—Concept for a 40' Wide Lot
ii. 2307 sf, 2 Bedroom Down—Concept for a 40' Wide Lot
iii. 2496 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot
iv. 2647 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot
v. 2345 sf, Master Bedroom Down — Concept for a 40' Wide
Lot
vi. 2584 sf, 2 Bedroom Down - Concept for a 40' Wide Lot
vii. 2591 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot
(dated August 2, 2004)
viii. 3092 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot
(dated August 2, 2004)
ix. 3147 sf, 5 Bedroom—Typical Concept for a 60' Wide Lot
x. 3224 sf, 4 Bedroom - Typical Concept for a 60' Wide Lot,
and,
xi. as amended by the Petitioner's Statement prepared by
Curran Enterprises II, LLC, dated September 25, 2007,
with attached building elevation drawings and floor plans.
No additional elevation in the Heritage and Kingston series
of homes shall exceed 30% of the elevations in those series
of homes.
b. All exterior building materials for the single family homes shall
meet the exterior building materials requirements of the Far West
Area Plan.
c. The 1,787 square foot dwelling shall be limited to a maximum of
50 lots (15%of the total number of dwelling units).
d. Additions to any residential structures on the Subject Property
shall only be permitted to the rear elevations of such structures and
no additions shall be permitted to the front and/or side elevations
on any such residential structures.
e. Substantial conformance to the Preliminary Plat of Subdivision
prepared by Cowhey, Gudmonson, Leder, Ltd., and dated
January 3, 2005.
f. Substantial conformance to the Preliminary Engineering Plans
North and South, pages 1 and 2, prepared by Cowhey Gudmunson
Leder, Ltd., dated August 2, 2004, with a final revision date of
January 3, 2005.
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. Street Graphics. In this PSFR2 zoning district, signs shall be subject to the
provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976,
as amended, and shall also be subject to paragraph G., Site Design, of this
ordinance.
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.
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. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 5. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: November 5, 2008
Passed: November 5, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: November 6, 2008
Published:
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
October 15, 2007
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 61-07 Requesting Approval of a First Amendment to the Annexation
Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building
Elevations and Floor Plans in the West Point Gardens Subdivision; Property Located at 100 Nester
Road;by West Point Builders&Developers,Inc.,as Applicant,and Nesler Road Limited Partnership,
as Owner.
GENERAL INFORMATION
Requested Action: Amendment to Annexation Agreement
Amendment to Ordinance No's. G6-05 and G8-05
Current Zoning: PSFR2 Planned Single Family Residence District
PMFR Planned Multiple Family Residence District
PCF Planned Community Facility District
PAB Planned Area Business District
Existing Use: Residential/Commercial Subdivision
Property Location: 100 Nesler Road
Applicant and Owner: Nester Road Limited Partnership
Staff Coordinator: Tom Armstrong, Principal 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)
G. Petitioner's Statement and Additional Building Elevations & Floor Plans (see attached)
BACKGROUND
Findings of Fact Planning and Development Commission
Petition 61-07 October 15, 2007
An application has been filed by West Point Builders&Developers,Inc.,requesting a first amendment
to the annexation agreement,and amendments to the planned district ordinances to introduce additional
building elevations and floor plans in the West Point Gardens Subdivision. The subject property is
located at 100 Nesler Road (reference attached Exhibits A, B, C, D, E, and F).
West Point Gardens Subdivision was annexed and zoned in two parts,in 2004 and 2005. The applicant
desires to offer additional building elevations and floor plans in the subdivision to increase the mix of
housing styles and floor plans available, and to respond to customer requests (reference attached
Exhibits G).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 61-07 on October 15, 2007. The applicant 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 memorandum, dated October 11, 2007.
The Planning and Development Commission has made the following findings:
• The additional building elevations and floor plans will add variety to the streetscape and to the
housing options available in West Point Gardens Subdivision. The proposed new housing
products and additional housing elevations all meet the design guidelines for housing illustrated
and described in the Elgin Comprehensive Plan and Design Guidelines(2005).
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. West Point
Gardens Subdivision was approved in 2005, with a number of departures from the standard
requirements of the zoning and subdivision regulations.
The applicant is not requesting any new departures from the standard requirements of the zoning and
subdivision regulations. The proposed new housing products and additional housing elevations all meet
the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design
Guidelines (2005).
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
2
Findings of Fact Planning and Development Commission
Petition 61-07 October 15,2007
A. Summary of Findings.
• Positive Attributes. The additional building elevations and floor plans will add variety
to the streetscape and to the housing options available in West Point Gardens
Subdivision.
B. 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 61-07. On a
motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero
(0)no:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J.
Curran, Manager, Curran Enterprises II, dated September 25, 2007 and attachments, with
revisions as required by the Community Development Group.
2. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/Tom Armstrong
Tom Armstrong, Secretary
Planning and Development Commission
3
Exhibit C
"C-iii"
Ordinance No. G73-08
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G8-05
(West Point Gardens Subdivision— 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
classified in the PMFR Planned Multiple Family Residence District; and
WHEREAS, written application has been made to amend PMFR Planned Multiple
Family Residence District Ordinance No. G8-05 to permit the construction of additional
residential building elevations and floor plans in the West Point Gardens Subdivision; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said applications and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated October 15, 2007, 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. G8-05 entitled "An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District," passed January12,
2005, be and is hereby amended in its entirety to read as follows:
Section 3. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PMFR Planned Multiple
Family Residence District,the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, revised December 21,
2004, designated in the PMFR Planned Multiple Family Residence District."
Section 4. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residential District which shall be designed, developed, and operated subject to
the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment of the lowest standardized
density for single family attached dwellings, subject to the provisions of Chapter
19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended.
The PMFR District is most similar to, but departs from the standard requirements
of,the MFR Multiple Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PMFR zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts -Generally. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PMFR zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PMFR zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way shall
not be less than two acres.
F. Land Use. In this PMFR zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PMFR District:
Residence Division.
1. "Attached single family dwellings" [SR] (townhomes) (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance,Insurance,and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
10. "Family residential care facility" [SR] (8361).
11. "Home child day care services" [SR] (8351).
12. "Residential Care Facility" [SR].
Construction Division
13. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
22. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50, Street Graphics.
23. "Temporary uses" [SR] (UNCL).
24. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
25. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PMFR 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. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR].
10. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
11. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
12. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PMFR district, the use and development of land
and structures shall be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
2. Substantial conformance to the Preliminary Engineering Plans North and
South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated
August 2, 2004, with a final revision date of January 3, 2005.
3. Substantial conformance to the Master LS Plan pages 1 through 5,
encompassing the Master LS Plan 2, Planting Details, and Detention Plan,
prepared by Matarazzo Land Planning Consultants, Ltd., and dated
September 9, 2004.
4. Substantial conformance to the Typical Townhome Streetscape, prepared
by Matarazzo Land Planning Consultants, Inc., and dated August 19,
2004; and as amended by the Petitioner's Statement prepared by Curran
Enterprises II, LLC, dated September 25, 2007, with attached building
elevation drawings and floor plans.
5. All exterior building materials for the attached single family homes shall
meet the design requirements of the Far West Area Plan.
6. The floor area for the attached single family dwellings shall be a minimum
of 1,400 square feet, with the exception that one model may have a floor
area of 1,325 square feet.
H. Off-street Parking. In this PMFR zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-street Loading. In this PMFR zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Street Graphics. In this PMFR zoning district, street graphics shall be subject to
the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as
amended.
K. Amendments. In this PMFR zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
L. Planned Developments. In this PMFR zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PMFR zoning
district and without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
M. Conditional Uses. In this PMFR zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PMFR zoning district and without necessitating that all other property
owners in this PMFR zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PMFR
zoning district and without necessitating that all other property owners in this
PMFR zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 5. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: November 5, 2008
Passed: November 5, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: November 6, 2008
Published:
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
October 15, 2007
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 61-07 Requesting Approval of a First Amendment to the Annexation
Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building
Elevations and Floor Plans in the West Point Gardens Subdivision; Property Located at 100 Nesler
Road;by West Point Builders&Developers, Inc.,as Applicant,and Nesler Road Limited Partnership,
as Owner.
GENERAL INFORMATION
Requested Action: Amendment to Annexation Agreement
Amendment to Ordinance No's. G6-05 and G8-05
Current Zoning: PSFR2 Planned Single Family Residence District
PMFR Planned Multiple Family Residence District
PCF Planned Community Facility District
PAB Planned Area Business District
Existing Use: Residential/Commercial Subdivision
Property Location: 100 Nesler Road
Applicant and Owner: Nesler Road Limited Partnership
Staff Coordinator: Tom Armstrong, Principal 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)
G. Petitioner's Statement and Additional Building Elevations& Floor Plans (see attached)
BACKGROUND
Findings of Fact Planning and Development Commission
Petition 61-07 October 15, 2007
An application has been filed by West Point Builders&Developers,Inc.,requesting a first amendment
to the annexation agreement,and amendments to the planned district ordinances to introduce additional
building elevations and floor plans in the West Point Gardens Subdivision. The subject property is
located at 100 Nesler Road (reference attached Exhibits A, B, C, D, E, and F).
West Point Gardens Subdivision was annexed and zoned in two parts,in 2004 and 2005. The applicant
desires to offer additional building elevations and floor plans in the subdivision to increase the mix of
housing styles and floor plans available, and to respond to customer requests (reference attached
Exhibits G),
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 61-07 on October 15, 2007. The applicant 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 memorandum, dated October 11, 2007.
The Planning and Development Commission has made the following findings:
• The additional building elevations and floor plans will add variety to the streetscape and to the
housing options available in West Point Gardens Subdivision. The proposed new housing
products and additional housing elevations all meet the design guidelines for housing illustrated
and described in the Elgin Comprehensive Plan and Design Guidelines (2005).
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. West Point
Gardens Subdivision was approved in 2005, with a number of departures from the standard
requirements of the zoning and subdivision regulations.
The applicant is not requesting any new departures from the standard requirements of the zoning and
subdivision regulations. The proposed new housing products and additional housing elevations all meet
the design guidelines for housing illustrated and described in the Elgin Comprehensive Plan and Design
Guidelines (2005).
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
2
Findings of Fact Planning and Development Commission
Petition 61-07 October 15, 2007
A. Summary of Findings.
• Positive Attributes. The additional building elevations and floor plans will add variety
to the streetscape and to the housing options available in West Point Gardens
Subdivision.
B. 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 61-07. On a
motion to recommend approval,subject to the following conditions,the vote was seven(7)yes and zero
(0) no:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by Patrick J.
Curran, Manager, Curran Enterprises II, dated September 25, 2007 and attachments, with
revisions as required by the Community Development Group.
2. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
s/Tom Armstrong
Tom Armstrong, Secretary
Planning and Development Commission
3