12-169 Resolution No. 12-169
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, 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 Second Amendment to Annexation Agreement with West Point
Gardens Homes, 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 Second Amendment to
Annexation Agreement with West Point Gardens Homes, 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. 12-169
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH WEST POINT GARDENS HOMES, 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 Second Amendment to Annexation Agreement with West Point
Gardens Homes, 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 Second Amendment to
Annexation Agreement with West Point Gardens Homes, LLC, a copy of which is attached hereto
and made a part hereof by reference.
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DRAFT 10-12-12 - SBS
SECOND AMENDMENT TO ANNEXATION AGREEMENT
(West Point Gardens Subdivision)
THIS SECOND 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 (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"), which has subsequently been amended; and
Whereas, Exhibit K of the Annexation Agreement contains Building Elevations
for Residential Structures to be constructed in the West Point Gardens Subdivision,
which was subsequently amended through the First Amendment to Annexation
Agreement to allow for additional building elevations; and
Whereas, The Owner now desires to add additional building elevations and floor
plans to the West Point Gardens Subdivision. The additional building elevations and floor
plans are depicted in Exhibit B which is attached hereto and made a part hereof (the
"Building Elevations and Floor Plans").
Whereas, Owner desires to amend Exhibit"C-iii" 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-iii": and
Whereas,the City has held the public hearings on the proposed amendment to the
annexation agreement and the proposed amended 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 Second 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 and Floor Plans" 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-iii", being PMFR Planned Multiple Family Residence District
ordinance, is 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 PMFR ordinance 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,the terms
of the First Amendment to the Agreement, and the terms of this Second 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: OWNER:
CITY OF ELGIN, a municipal corporation West Point Gardens Homes LLC
By: By:
Mayor
Its:
Attest:
By:
City Clerk
Second Amendment to Annexation Agreement:
List of exhibits:
Exhibit A - Legal Description of Property
Exhibit B - Building Elevations and Floor Plans
Exhibit C - Exhibit"C-iii"—PMFR Planned Multiple Family Residence District ordinance
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 00,22'25" 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 31,08'12" WEST, A
DISTANCE OF 794.10 FEET; THENCE SOUTH 65,31'13" EAST, 289.75 FEET TO
THE CENTERLINE OF NESSLER ROAD; THENCE CONTINUING SOUTH 31,10'27"
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
46,27'47" EAST, A DISTANCE OF 1478.82 FEET; THENCE NORTH 48,43'03" WEST,
A DISTANCE OF 590.63 FEET; THENCE NORTH 25,01'47" 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, G RANTORS, 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 64,4142" 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.
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Exhibit C
"C-iii"
DRAFT: 10-12-12 sbs Ordinance No. Gxx-12
AN ORDINANCE
AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G73-08
(West Point Gardens Subdivision— 100 Nester Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PMFR Planned Multiple Family Residence District under Ordinance
No. G08-05; and
WHEREAS, Ordinance No. G08-05 was further amended to permit the construction of
additional residential building elevations and floor plans in the West Point Gardens Subdivision
under Ordinance No. G73-08; and
WHEREAS, written application has been made to amend PMFR Planned Multiple
Family Residence District Ordinance No. G73-08 to permit the construction of additional single-
family detached building models within 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 August 17, 2009, 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. G73-08 entitled "An Ordinance Classifying Newly
Annexed Territory in the PMFR Planned Multiple Family Residence District," passed November
5, 2008, be and is hereby amended only as set forth in this ordinance by amending Section 4.F
entitled "Land Use, subsection Residences Division" by the addition of the following:
"Single family detached dwellings" [SR] (single family homes) (UNCL)
And subject to the following conditions:
1. Substantial conformance with the Petitioner's Statement of Purpose submitted by
Patrick J. Curran, Manager, Curran Enterprises II, dated August 5, 2009, and
attachments as follows, with revisions as required by the Community
Development Group:
a. 5-Unit Streetscape and end unit elevations prepared by B+F Architects
dated July 27, 2009.
b. 5-Building Footprint prepared by B+F Architects dated July 27, 2009 and
last updated on July 28, 2009.
c. 5-Building Landscape Plan prepared by B+F Architects dated July 27,
2009 and last updated on July 28, 2009.
2. Each detached single-family unit will be constructed with an outdoor amenity in
the form of a concrete or masonry patio located on the side of each unit. Each
patio shall be constructed at the first floor level and be accessible from the unit by
a sliding door. Patios shall be no less than 10 feet in length and 5 feet in width.
3. There are four rows of townhomes containing four groups of units each. No less
than two groups per row will be developed with either the proposed detached
single-family product or the previously approved attached single-family product
(Townhouses). Additionally, an entire row may be developed with the proposed
detached single-family product, or an entire row may be developed with the
previously approved attached single-family townhouse product.
4. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G73-08. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, this ordinance and
associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/
David J. Kaptain, Mayor
Presented:
Passed:
Omnibus Vote: Yeas: Nays:
Recorded:
Published:
Attest:
s/
Kimberly Dewis, City Clerk
August 17, 2009
FINDINGS OF FACT
Planning and Development Commission City of Elgin,Illinois
SUBJECT
Consideration of Petition 20-09 Requesting Approval of a Second Amendment to the Annexation
Agreement, and Amendments to the Planned District Ordinances to Introduce Additional Building
Models within 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: Second Amendment to Annexation Agreement
Amendment to Ordinance No. G73-08
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 West Point Builders & Developers, Inc.
Owner: Nesler Road Limited Partnership
Staff Coordinator: Sarosh Saher, Senior 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& Plans (see attached)
Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
H. Draft PMFR Ordinance (see attached)
I. Related Correspondence (see attached)
BACKGROUND
An application has been filed by West Point Builders & Developers, Inc., requesting a second
amendment to the annexation agreement, and amendments to the planned district ordinances to
introduce additional building models within the West Point Gardens Subdivision. The subject property
is located at 100 Nesler Road (reference attached Exhibits A, B, C, D, and E).
West Point Gardens Subdivision was annexed and zoned in 2004. In 2008,the annexation agreement
and planned district ordinances were amended to allow the developer to construct additional single-
family residential products within the subdivision. The applicant desires to offer additional residential
building models within the subdivision to increase the mix of housing styles and floor plans available,
and to respond to customer requests for single family homes with the benefits of maintenance-free
townhouse living (reference attached Exhibits F, G and H).
FINDINGS
After due notice,as required by law,the Planning and Development Commission held a public hearing
in consideration of Petition 20-09 on August 17, 1009. 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 Planned Development Review, dated
August 12, 2009.
The Planning and Development Commission has made the following findings:
1. The proposed residential products consist of detached single-family homes that will be
constructed within the townhouse component of the subdivision. The quality of each residence
will be similar to the quality of the single family homes currently being offered within the
subdivision with respect to rear loaded garages, traditional roof pitches and architectural
features including full and partial width front porches with columns, handrails, brackets and
ornamental details. Previously approved building materials include the use of"Smart"siding or
brick on the front elevations and "Smart" siding and trim on readily visible side elevations.
Vinyl siding is allowed on the rear and interior elevations that are not readily visible.
2. The construction of the new models will not increase the density of the townhouse component
of the subdivision. Price points for the proposed models range from $170,000 to around
$200,000.
2
Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
3. The West Point Gardens Subdivision is one of the unique and innovatively designed
subdivisions developed in the community. The proposed single-family product will continue to
complement the existing architecture and character of the subdivision.
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 requesting the following additional departure from the standard requirements of the
regulations contained within Ordinance G73-08 entitled "An Ordinance Amending PMFR Planned
Multiple Family Residence District Ordinance G8-05 (West Point Gardens Subdivision— 100 Nesler
Road)." For the purposes of this section,the most similar zoning district is the MFR Multiple Family
Residence District. The applicant is requesting the following departure from the standard requirements
of the MFR Multiple Family Residence District:
• Section 19.25.730 Land Use. The zoning ordinance does not provide for the construction of
single-family detached residences within the MFR District. The applicant is proposing to
construct the proposed single-family detached residences within the townhouse component of
the subdivision.
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings:
Positive attributes:The proposed residential products consist of detached single-family homes
that will be constructed within the townhouse component of the subdivision. The quality of
each residence will be similar to the quality of the single family homes currently being offered
within the subdivision with respect to rear loaded garages, traditional roof pitches and
architectural features including full and partial width front porches with columns, handrails,
brackets and ornamental details. Previously approved building materials include the use of
"Smart" siding or brick on the front elevations and"Smart" siding and trim on readily visible
side elevations. Vinyl siding is allowed on the rear and interior elevations that are not readily
visible.
3
Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
The West Point Gardens Subdivision is one of the unique and innovatively designed
subdivisions developed in the community. The proposed single-family product will continue to
complement the existing architecture and character of the subdivision
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 20-09. On a
motion to recommend approval, subject to the following conditions,the vote was six(6)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 August 5,2009,and attachments as follows,with
revisions as required by the Community Development Group:
a. 5-Unit Streetscape and end unit elevations prepared by B+F Architects dated July 27,
2009.
b. 5-Building Footprint prepared by B+F Architects dated July 27,2009 and last updated
on July 28, 2009.
c. 5-Building Landscape Plan prepared by B+F Architects dated July 27, 2009 and last
updated on July 28, 2009.
2. A minimum of two blocks per street face within the townhouse component will be constructed
using either the proposed detached single-family product or the previously approved attached
single-family product(Townhouses).
3. Compliance with all applicable codes and ordinances.
Respectfully Submitted,
s/John Hurlbut
John Hurlbut, Chairman
Planning and Development Commission
4
Findings of Fact Planning and Development Commission
Petition 20-09 August 17, 2009
s/Denise Momodu
Denise Momodu, Secretary
Planning and Development Commission
5