14-187 Resolution No. 14-187
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT FOR THE ELGIN WAL-MART/SAM'S CLUB
SUBDIVISION WITH RICHPORT PROPERTY, LLC
(Elgin Wal-Mart/Sam's Club Subdivision)
WHEREAS, the Owner of certain property commonly known as Lot 10 in the Wal-
Mart/Sam's Club Subdivision, 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 Richport
Property, 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, the Second
Amendment to Annexation Agreement with Richport Property, LLC, a copy of which is attached
hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 17, 2014
Adopted: December 17, 2014
Vote: Yeas: 8 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND AMENDMENT TO ANNEXATION AGREEMENT
(Elgin Wal-Mart/Sam's Club Subdivision)
THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT is made and
entered into this 17th day of December, 2014 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 Richport Property, LLC (hereinafter referred to as "Owner").
Whereas, the Owner is the owner of record of the real property known as Lot 10 in the
Wal-Mart/Sam's Club Subdivision 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 Subject Property is a lawfully created lot within the Wal-Mart/Sam's Club
Subdivision legally described in Exhibit B, which is attached and made a part hereof(which real
property, for convenience, is hereafter referred to as the "Subdivision"); and
Whereas, the City and owners of the Subdivision previously entered into an Annexation
Agreement for the Subdivision dated September 27, 2006 and that agreement was amended for
the first time on July 14, 2010 (collectively hereinafter referred to as the "Annexation
Agreement"); and
Whereas, the Subject Property was conveyed to the Owner subsequent to the July 14,
2010 first amendment described above; and
Whereas, the Owner has filed a Petition with the City to amend the Annexation
Agreement for the Subdivision and the zoning ordinance for the Subdivision only to the extent
that the Petition affects the Subject Property; and
Whereas the City and Owner acknowledge and agree that the Subdivision has previously
validly been annexed to the City; and
Whereas, the Mayor and City Council of the City (Corporate Authorities) have duly set a
time, date and place for a public hearing on this Second Amendment to the Annexation
Agreement, and have caused due notice to be made of said public hearing in a newspaper with
general circulation in the community, and the City has held such public hearing; and
Whereas, pursuant to such notice as required by statute and ordinance public hearings
were held by the Planning & Zoning Commission of the City on the requested zoning of the
Subdivision; and
Whereas, a public hearing was held on the Second Amendment to the Annexation
Agreement as required by law.
Now, Therefore, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. This Second Amendment to Annexation Agreement is made pursuant to and in
accordance with the provisions of Article 11, Division 15.1 of the Illinois Municipal Code (65
ILCS 5111-15.1 et seq.), and in the exercise of the home rule power of the City.
2. The Annexation Agreement be and is hereby further amended as follows.
A. Immediately after the passage of a resolution authorizing the entry into and
execution of this Second Amendment to Annexation Agreement, the Corporate Authorities shall
pass or adopt an Ordinance amending PAB Planned Area Business District Ordinance No.G32-
10 in the form attached hereto as Exhibit C.
3. That in the event of any conflict between the terms of this Second Amendment to
Annexation Agreement and the terms of the Annexation Agreement, the terms of this Second
Amendment to Annexation Agreement shall govern and control.
4. Except for those terms that have been expressly amended in this Second
Amendment to Annexation Agreement, the terms of the Annexation Agreement shall remain in
full force and effect.
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 RICHPORT PROPERTY, LLC,
an Illinois limited liability company
By By: R&S Growth Management, LLC,
Mayor A Delaware limited liability company,
Its Member-Manager
By
Richard J. Po llo, Manager
Attest:
B
City Clerk
F:1Legal DeptlAgreementlAnnexation-Wal-Mart Sam's Club Second Amendment-clean 12-4-14.docx
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOT 10 IN ELGIN WAL-MART/SAM'S CLUB SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
DECEMBER 6, 2011 AS DOCUMENT 2011K73547, IN KANE COUNTY, ILLINOIS.
EXHIBIT B
LEGAL DESCRIPTION OF SUBDIVISION
That Part Of Section 28, Township 41 North, Range 8 East Of The Third Principal Meridian, In
The City Of Elgin, Kane County Illinois, Described As Follows:
Beginning At The Northwest Corner Of The Southwest Quarter Of Said Section 28, Thence
North 1 Degree 04 Minutes 22 Seconds West On The West Line Of The Northwest Quarter Of
Section 28, Township 41 North, Range 8 East, A Distance Of 42.92 Feet Tot Eh North Right-Of-
Way Line Of Bowes Road; Thence North 88 Degrees 48 Minutes, 26 Seconds East On Said
North Right-Of-Way Line, A Distance Of 469.74 Feet; Thence South 1 Degree, 03 Minutes 42
Seconds East, A Distance Of 65.91 Feet To The South Line Of Bowes Road; Thence North 88
Degrees 49 Minutes 04 Seconds East On Said South Right-Of-Way Line, A Distance Of 755.30
Feet To The West Right-Of-Way Line Of Randall Road; Thence South 0 Degrees 55 Minutes 34
Seconds East Pm Said Right-Of-Way Line , A Distance Of 2308.11 Feet, Thence South 88
Degrees 28 Minutes 48 Seconds West, A Distance Of 1219.16 Feet To The West Line Of The
Southwest Quarter Of Section 28; Thence North I Degree 04 Minutes 22 Seconds West Along
Said West Line Of The Southwest Quarter Of Section 28, A Distance Of 2338.19 Feet To The
Point Of Beginning, All Within The City Of Elgin, Kane County, Illinois (property commonly
known as 1000 South Randall Road).
EXHIBIT C
ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G32-10
Ordinance No. GXX-14
AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32-10
(Retail Building at 2415 Bowes Road, within the
Elgin Wal-Mart/Sam's Club Subdivision at 1000 South Randall Road)
WHEREAS, the territory described herein has been previously classified in the PAB
Planned Area Business District pursuant to Ordinance No. G114-06; and
WHEREAS, by adopting Ordinance No. G32-10 on July 14, 2010, the City Council of
the City of Elgin, Illinois amended Ordinance No. G114-06 in its entirety; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G32-10 as they relate only to Lot 10 within the Elgin Wal-Mart/Sam's Club
Subdivision, which lot is legally described herein; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on November 3, 2014; and
WHEREAS, the Community Development and the Planning & Zoning Commission have
submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development and the Planning & Zoning Commission
recommend approval of said application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning
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 November 3, 2014, and the recommendations made by the Community Development
Department and the Planning & Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G32-10 classifying the territory herein described in
the PAB Planned Area Business District be and is hereby amended only as set forth in this
ordinance as follows:
That Section 3. E. 1. of Ordinance No. 32-10 entitled "Land Use" is hereby further
amended to read as follows:
"E. Land Use. In this PAB zoning district, the use and development 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] or as a "conditional use" [SR] in
this PAB zoning district:
1. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PAB Planned Area Business
District:
b. Offices Division:
"Offices" [SR] (UNCL).
C. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance (including banks and bank branches), insurance, and real
estate; provided, however, that as to the Outlots a maximum total
of two (2) stand-alone banks or bank branches shall be permitted,
which banks may include a drive-through.
d. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Dry cleaning without plant on premises (7215).
Computer programming, data processing and other computer
related services (737) (Lot 10 only).
Computer rental and leasing(7377).
Electrical and electronic repair shops (762 9) (Lot 10 only).
Home healthcare services (808) (Lot 10 only).
Legal services (811) (Lot 10 only).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (807) (Lot 10 only).
Medical and dental laboratories (807) (Lot 10 only).
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Motion picture theaters (7832).
Offices and clinics of dentists (802) (Lot 10 only).
Offices and clinics of doctors of medicine (801) (Lot 10 only).
Offices and clinics of doctors of osteopathy (803) (Lot 10 only).
Offices and clinics of other health practitioners (804) (Lot 10
only).
Physical fitness facilities (7991) (Lot 10 only).
Photographic studios, portrait (722).
Security systems services (7382).
Watch, clock and jewelry repair(763).
f. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware, and garden supply (52).
Carryout restaurants accessory to "eating places."
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812), but limited to a maximum of two high
volume fast food/quick service restaurants including, by way of
example, but not limited to, McDonald's, Burger King, Wendy's,
White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver's. Such high volume/fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
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Miscellaneous retail stores not elsewhere classified limited to
architectural supplies-retail; art dealers-retail; artists supply and
material stores-retail; baby carriages-retail; candle shops-retail; pet
stores-retail; pet shops-retail; picture frames, readymade-retail; and
telephone stores-retail (5999).
Miscellaneous shopping goods stores (594).
"Motor vehicle service stations" [SR] (554) and accessory "car
wash", limited to a maximum of one such use for the entire
subdivision. Such use may further include an accessory "food
store."
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
g. Agricultural Division:
Dog grooming (0752).
Veterinary services for household pets (0742).
h. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
i. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area(2752).
j. Transportation, Communication and Utilities Division:
Branch United States post offices (4311).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title(UNCL).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
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"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
k. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yards" [SR] (UNCL) accessory to
principal buildings exceeding 130,000 square feet in floor area.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title, provided, however, that such drive thru
facility shall be approved for a maximum of two (2) high volume
fast food/quick service restaurants, including, by way of example,
but not limited to, McDonald's, Burger King, Wendy's, White
Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A
& W and Long John Silver's. Such high volume fast food/quick
service restaurants shall not be deemed to include (i) lower volume
mid-value fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks.
"Fences and walls" [SR] (UNCL).
"Firearms sales" (5941), exclusively accessory to a sporting goods
store or general merchandise store, specifically limited to one each
for lot 5 and lot 6 as identified on the Full Build Out Preliminary
Plan and Landscape Plan prepared by Atwell Hicks dated August
5, 2009, last revised June 14, 2010 (the "Full Build Out Plan").
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.47 of this Title.
"Motor vehicle repair shop" [SR] (753) accessory to a general
merchandise store, specifically limited to one each for lot 5 and lot
6 as identified in the Full Build Out Plan.
"Outdoor display areas" [SR] (UNCL).
"Package liquor sales establishments" [SR] (5921) accessory to a
general merchandise store, specifically limited to two general
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merchandise stores on lots 5 and 6 as identified on the Full Build
Out Plan.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PAB Area Business District, subject
to the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50
of this Title.
"Temporary uses" [SR] (UNCL)."
2. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PAB Planned Area Business
District:
a. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
b. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
C. Services Division:
Coin-operated amusement establishments (7993).
d. Retail Trade Division:
Firearms sales (5941), exclusively accessory to a sporting goods
store.
"Package liquor sales establishments" [SR] (5921).
e. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
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Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
f. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
3. Additional Use Restrictions and Regulations for Outlots: Notwithstanding
the foregoing provisions of Sections 3E1 and 3E2 providing for the listing
of permitted uses and conditional uses, the following additional use
restrictions and regulations shall apply to the Outlots:
a. Not more than a total of two (2) stand-alone banks or bank
branches shall be located on all of the Outlots.
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b. The following shall constitute prohibited uses on the Outlots:
video stores; laundromats; currency exchanges; payday loan
business; nail salons which are not accessory to a beauty shop
(723), except upon Lot 10 where a nail salon is permitted outright
as a principal use; tanning salons which are not accessory to a
beauty shop (723); tax return preparation business; dollar type
discount stores; rental furniture stores; "motor vehicle repair
shops" [SR] (753); and any other prohibited uses listed within
Section 19.15.520 entitled "Land Use" for the Arterial Road
Corridor Overlay District, unless such land use is otherwise
specifically listed as a permitted or conditional use in Section 3E
of this ordinance.
C. A maximum of two (2) high volume fast food/quick service
restaurants shall be located on all of the Outlots, including, by way
of example, but not limited to, McDonald's, Burger King, Wendy's,
White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver's. Such high volume fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
where "Lot 10" is the following legally described parcel:
LOT 10 IN ELGIN WAL-MART/SAM'S CLUB SUBDIVISION OF PART OF THE SOUTHWEST 1/4
OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS
DOCUMENT 2011K73547, IN KANE COUNTY,ILLINOIS.
and subject to the following additional conditions:
1. Substantial conformance to the Development Application and supporting
documents, including but not limited to the Map Amendment Statement of
Purpose and Conformance, submitted by Richport Property, LLC, dated received
September 22, 2014 and amended October 15, 2014; and
2. Conformance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G32-10. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2, and Ordinance No. G32-10, this ordinance and associated documents shall control and
prevail.
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Section 4. That this ordinance shall be full force and effect immediately after its
passage in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 17, 2014
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
FALegal Dept\Ordinances\Zoning Ordinances\ZoneProp-Wal Mart-Retail bldg-2415 Bowes-Amend Ord 32-10-Pet 46-14-MM-11-7-14.doc
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