16-30 Resolution No. 16-30
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION
AGREEMENT WITH RICHPORT PROPERTY, LLC-S. RANDALL OUTLOT
(Lot 2-Elgin Wal-MartlSam's Club Subdivision)
WHEREAS, the Owner of certain property commonly known as Lot 2 in the Elgin 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 Third Amendment to Annexation Agreement with Richport
Property, LLC-S. Randall Outlot 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 Third Amendment
to Annexation Agreement with Richport Property, LLC-S. Randall Outlot, a copy of which is
attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 24, 2016
Adopted: February 24, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD AMENDMENT TO ANNEXATION AGREEMENT
(Elgin Wal-Mart/Sam's Club Subdivision)
THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT is made and
entered into this 24th day of February 2016 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 — S. Randall Outlot, a Series
of Richport Property LLC, an Illinois limited liability company, with an address of 18W140
Butterfield Road, Suite 940, Oakbrook Terrace, Illinois, 60181 (hereinafter referred to as
"Owner").
Whereas, the Owner is the owner of record of the real property known as Lot 2 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 first amended
on July 14, 2010 and further amended on December 17, 2014 (collectively hereinafter referred to
as the"Annexation Agreement"); and
Whereas, the Subject Property was conveyed to the Owner on March 19, 2015 pursuant
to Document Number 2015K014745 as recorded at the Kane County Recorder's Office; 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 Owner intends to subdivide the Subject Property into five lots to be known
as the Resubdivision of Lot 2 of the Elgin Wal-Mart/Sam's Club Subdivision, with the intent of
constructing a new retail building on the Lot 1 and a new car wash facility on Lot 2 within such
resubdivision; 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 Third 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 Third 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 Third 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 5/11-15.1 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 Third 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 Third Amendment to
Annexation Agreement and the terms of the Annexation Agreement, the terms of this Third
Amendment to Annexation Agreement shall govern and control.
4. Except for those terms that have been expressly amended in this Third
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.
SINGATURE PAGE FOLLOWS
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CITY: OWNER:
CITY OF ELGIN, a municipal corporation Richport Property LLC — S. Randall Outlot, a
Series of Richport Property LLC,
an Illinois limited liability company
By: EdLito 4 • By: R&S Growth Management, LLC,
Mayor A Delaware limited liability company,
Its Member-Manager
Richard J. Port�'a, Manager
Attest:
By: '.i /.✓, - J.
City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOT 2 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.
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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 1 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).
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EXHIBIT C
ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT
ORDINANCE NO. G32-10
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Ordinance No. GXX-16
AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G32-10
(Lot 2 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, Ordinance No. G32-10 adopted on July 14, 2010, 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 2 within the Elgin Wal-Mart/Sam's Club
Subdivision, which lot is legally described herein; and
WHEREAS, written application has further been made to resubdivide Lot 2 of Elgin
Wal-Mart/Sam's Club Subdivision at 1000 South Randall Road into five lots with the intention
of developing resulting Lots 1 and 2 of Resubdivided Lot 2, which lots are legally described
herein; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing
concerning said application on January 4, 2016; and
WHEREAS, the Community Development and the Planning and Zoning Commission
have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development and the Planning and Zoning Commission
recommend approval of said application, subject to the conditions outlined 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 and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting planned
development approval pertain to the government and affairs of the city.
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 January 4, 2016, and the recommendations made by the Community Development
EXHIBIT C
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Attachment A.
Section 2. That Section 3. E of Ordinance No. 32-10 entitled "Land Use" is hereby
further amended with respect to the Resubdivided Lot 2 only in its entirety 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).
Car washes [SR] (7542) as a principal use (Resubdivided Lot 2
only)
Computer programming, data processing and other computer
related services (737) (Resubdivided Lot 2 only).
Computer rental and leasing (7377).
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Electrical and electronic repair shops (7629) (Resubdivided Lot 2
only).
Home healthcare services (808) (Resubdivided Lot 2 only).
Legal services (811) (Resubdivided Lot 2 only).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (807) (Resubdivided Lot
2 only).
Medical and dental laboratories (807) (Resubdivided Lot 2 only).
Motion picture theaters (7832).
Offices and clinics of dentists (802) (Resubdivided Lot 2 only).
Offices and clinics of doctors of medicine (801) (Resubdivided Lot
2 only).
Offices and clinics of doctors of osteopathy (803) (Resubdivided
Lot 2 only).
Offices and clinics of other health practitioners (804)
(Resubdivided Lot 2 only).
Physical fitness facilities (7991) (Resubdivided Lot 2 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).
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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).
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 in such combination
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:
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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).
"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).
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"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
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:
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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).
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.
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"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.
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 Resubdivided Lot 2 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 "Resubdivided Lot 2" is the following legally described parcel:
RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB
SUBDIVISION BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 28,
8
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.
Section 3. That a development plan in the PAB Planned Area Business District, which
will permit the construction of a new 9,470 square foot multi-tenant retail building on Lot 1 of
the Resubdivision of Lot 2 of Elgin Wal-Mart/Sam's Club Subdivision; said property being
located at 1190 South Randall Road, and legally described as follows:
LOT 1 IN THE RESUBDIVISION OF LOT 2 OF THE 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.
Be and is hereby approved subject to the following conditions:
1. Substantial conformance to the development application and attached
documentation dated November 20, 2015, prepared by Philip J. Salerno II of
Clingen Callow & McLean, LLC, attorney for Richport Property, LLC — S.
Randall Outlot and including the following documents:
a. Consent and Disclosure
b. Statement of Purpose and Conformance
In the event of any conflict between such documents and the terms of this
ordinance or other applicable city ordinances, the terms of this ordinance or other
applicable city ordinances shall supersede and control.
2. Substantial conformance to the ALTA/ACSM Land Title Survey of Lot 2 of Elgin
Wal-Mart/Sam's Club Subdivision prepared by TFW Surveying and Mapping,
Inc. dated December 15, 2014 and last revised on February 12, 2015.
3. Substantial conformance to the Final Plat of Subdivision for the Resubdivision of
Lot 2 of the Elgin Wal-Mart/Sam's Club Subdivision prepared by Atwell dated
November 20, 2015, and last revised on December 29, 2015; and associated
Preliminary Engineering Plans for the "Proposed Lot 2 Resubdivision," Sheets C-
01—C-03 also prepared by Atwell and dated November 19, 2015 and last revised
on December 29, 2015.
4. Substantial conformance to the development plans as they relate to the
development of Lot 1 for the construction of the new multi-tenant retail building
including the following documents:
a. Site Location Plan prepared by Atwell dated November 19, 2015 and last
revised on December 29, 2015
b. Landscape Plan prepared by Atwell dated November 19, 2015 and last
revised on December 29, 2015
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c. Building Floor Plans and elevations Sheets A-1.0, A-3.0 and A3.1
prepared by Jensen&Jensen, Architects, P.C. dated November 3, 2015
d. Monument graphics exhibit prepared by Olympic Signs page 10 of 10
dated February 16, 2012 and last updated on December 23, 2015
e. Exterior Site and Building Lighting Plans and specifications prepared by
Jensen & Jensen, Architects, P.C. dated November 3, 2015
f. Preliminary Engineering Plans for the Proposed Retail Shops — Lot 1 of
Elgin Wal-Mart/Sam's Club Resubdivision, Sheets C-01 through C-06,
prepared by Atwell, dated November 19, 2015 and last revised on
December 29, 2015
5. Compliance with all applicable codes and ordinances.
Section 4. That a development plan in the PAB Planned Area Business District, which
will permit the construction of a new 3,550 square foot carwash building on Lot 2 of the
Resubdivision of Lot 2 of Elgin Wal-Mart/Sam's Club Subdivision; said property being located
at 1180 South Randall Road, and legally described as follows:
LOT 2 IN THE RESUBDIVISION OF LOT 2 OF THE 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.
Be and is hereby approved subject to the following conditions:
1. Substantial conformance to the development application and attached
documentation dated November 20, 2015, prepared by Philip J. Salerno II of
Clingen Callow & McLean, LLC, attorney for Richport Property, LLC — S.
Randall Outlot and including the following documents:
a. Consent and Disclosure
b. Statement of Purpose and Conformance
In the event of any conflict between such documents and the terms of this
ordinance or other applicable city ordinances, the terms of this ordinance or other
applicable city ordinances shall supersede and control.
2. Substantial conformance to the ALTA/ACSM Land Title Survey of Lot 2 of Elgin
Wal-Mart/Sam's Club Subdivision prepared by TFW Surveying and Mapping,
Inc. dated December 15, 2014 and last revised on February 12, 2015.
3. Substantial conformance to the Final Plat of Subdivision for the Resubdivision of
Lot 2 of the Elgin Wal-Mart/Sam's Club Subdivision prepared by Atwell dated
November 20, 2015, and last revised on December 29, 2015; and associated
Preliminary Engineering Plans for the "Proposed Lot 2 Resubdivision," Sheets C-
10
01—C-03 also prepared by Atwell and dated November 19, 2015 and last revised
on December 29, 2015.
4. Substantial conformance to the development plans as they relate to the
development of resultant Lot 2 for the construction of the new Fuller's Carwash
facility including the following documents:
a. Perspective views of Fuller's Carwash, prepared by GEA Architects, Ltd.
undated.
b. Site Plan, prepared by GEA Architects, Ltd. last revised on December 23,
2015
c. Landscape Plan, prepared by ARC Design Resources, Inc. for GEA
Architects, Ltd. last revised on December 24, 2015
d. Building Elevations and Floor Plans, Building and Site Lighting, and
Graphics, Sheets 2-8 prepared by GEA Architects, Ltd. darted November
20, 2015.
e. Monument Graphics and Wall Mounted Graphic Specifications prepared
by Grate Signs, Inc. dated July 7, 2015 and last revised January 14, 2016.
f. Preliminary Engineering Submittal for Fuller's Carwash on Lot 2 of Elgin
Wal-Mart/Sam's Club Resubdivision, Sheets CO1 through C05, prepared
by GEA Architects, Ltd. and dated November 19, 2015
5. Compliance with all applicable codes and ordinances.
Section 5. Section 3 J of ordinance No. G32-10 entitled "Signs" be and is hereby further
amended by adding the following additional paragraph thereto:
"5. Lot 2 of Resubdivided Lot 2 of Elgin Wal-Mart/Sam's Club Subdivision
shall be allowed the construction of an electronic changeable copy graphic in
substantial conformance with the Monument Graphics and Wall Mounted Graphic
Specifications prepared by Grate Signs, Inc. dated July 7, 2015 and last revised
January 14, 2016. Whereas the zoning ordinance requires one electronic
changeable copy graphic per zoning lot, the proposed electronic changeable copy
graphic will be constructed in addition to the electronic changeable copy graphic
approved for Portillo's Restaurant on Lots 3 and 4 of Elgin Wal-Mart/Sam's Club
Subdivision, such Lot 3 and 4 having been resubdivided as part of "Portillo's
Elgin" Subdivision."
Section 6. 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
Sections 2, 3 and 4, and Ordinance No. G32-10, this ordinance and associated documents shall
control and prevail.
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Section 7. That this ordinance shall be full force and effect immediately after its
passage and publication in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Zoning Ordinances\PAB-Amend G32-10-WalMart-Lot 2-1000 Randall-Pet 26-15-SS-clean 2-15-16.docx
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