18-120 Resolution No. 18-120
RESOLUTION
AUTHORIZING EXECUTION OF A SECO D AMENDMENT
TO ANNEXATION AGREEMENT WITH D.R. HOI'TON, INC.-MIDWEST
AND TALL OAKS INVESTMEN I S, LLC
(Tall Oaks Subdivision— 101 Russell Road Units 3 and 5)
WHEREAS, the owners of certain property commonly known as Units 3 and 5 of the Tall
Oaks Subdivision at 101 Russell Road have proposed that the annexation agreement between the
owners and the City of Elgin concerning said property be furt er amended; and
WHEREAS,after due notice as required by law,a publi hearing on said proposal consisting
of a Second Amendment to Annexation Agreement was held b the corporate authorities of the City
of Elgin; and
WHEREAS,the proposed Second Amendment to Ann:xation Agreement with D.R.Horton,
Inc.-Midwest and Tall Oaks Investments, LLC is in the best i terests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE SITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimbe ly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute,on behalf of the Cit of Elgin,the Second Amendment to
Annexation Agreement with D.R.Horton,Inc.-Midwest and T:11 Oaks Investments,LLC,a copy of
which is attached hereto.
s/Davis J. Ka stain
David J Kaptain, Mayor
Presented: December 5, 2018
Adopted: December 5, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND AMENDMENT TO ANNEXATI I N AGREEMENT
Tall Oaks
THIS SECOND AMENDMENT TO ANNEXATI I N AGREEMENT (the "Second
Amendment"), made and entered into this 5th day of De.ember, 2018, by and between THE
CITY OF ELGIN,ILLINOIS,a municipal corporation of th- Counties of Cook and Kane,in the
State of Illinois (the "City"), D.R HORTON, INC.-MI WEST, a California corporation
("DRH"), TALL OAKS INVESTMENTS, LLC, an Illino s limited liability company ("Tall
Oaks") (with DRH and Tall Oaks being sometimes herei .fter collectively referred to as the
"Developers" or individually as a"Developer").
WITNESSETH:
WHEREAS, the Developers or their predecessors i title and the City entered into an
Annexation Agreement dated February 25, 2004, as amended by a First Amendment to said
Annexation Agreement dated January 9, 2008 (collectively t e "Annexation Agreement"). The
terms and provisions of the Annexation Agreement are in.orporated herein by reference, and
capitalized terms used but not otherwise defined herein shall ave the meanings as set forth in the
Annexation Agreement; and
WHEREAS, Tall Oaks is the record owner of that ;portion of the Subject Property (the
"Unit 3 Parcel") legally described on Exhibit 1 attached he eto and incorporated herein by this
reference; and
WHEREAS, DRH is the record owner and likely de eloper of that portion of the Subject
Property (the "Unit 5 Parcel") legally described on Exhibi 2 attached hereto and incorporated
herein by this reference; and
WHEREAS, the Unit 3 Parcel and the Unit 5 Parcel .re herein collectively referred to as
the "Unit 3 and Unit 5 Development Parcels"; and
WHEREAS, each of the Developers desires to amend the Annexation Agreement so as to
thereby obtain approval by the City of certain amended deve opment entitlements as to each such
Developer's parcels (namely the Unit 3 parcel as to Tall Oa s, and the Unit 5 Parcel as to DRH)
as more fully set forth herein, so as to thereby develop their respective development parcels in a
manner that will be more market-accepted; and
WHEREAS, the entire Subject Property has been p eviously annexed into the corporate
limits of the City pursuant to the Annexation Agreement and the ordinances previously adopted
pursuant thereto; and
WHEREAS, the City desires to accommodate t e Developers' proposed amended
development plans so as to promote the development and ma I et acceptance of the Unit 3 and Unit
5 Development Parcels; and
WHEREAS, it is necessary to further amend the • exation Agreement to the extent it
applies to the Unit 3 and Unit 5 Development Parcels in o der to develop Unit 3 and Unit 5
Development Parcels as now proposed by the Developers;
WHEREAS,the Mayor and City Council of the City 1"Corporate Authorities")have duly
set a date, time and place for a public hearing on this Sec• d Amendment to the Annexation
Agreement, and have caused due notice to be made of said p blic hearing through publication in
the Daily Herald, a newspaper of general circulation in the co unity, and the City has held such
public hearing; and
WHEREAS, the Corporate Authorities, after due and careful consideration, have
concluded that this Second Amendment on the terms and cons itions hereinafter set forth is in the
best interests of the City; and
WHEREAS,pursuant to notice as required by statute , d ordinance, a public hearing was
held by the Planning & Zoning Commission of the City on t e requested zoning of the amended
land plan.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, he parties hereto hereby agree as
follows:
1. This Second Amendment is made pursuant to a d 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.
2. For all purposes of this Second Amendment, d e term "Subject Property" shall be
deemed to refer to the properties legally described in Exhibit. 1 and 2 attached hereto.
3. Paragraph 3.A. of the Annexation Agreement is hereby amended, to the extent it
applies to the Unit 3 and Unit 5 Development Parcels as follo s:
"A. Immediately after the passage of a resolution ap•roving this Second Amendment to
the Annexation Agreement, the Corporate Authoriti:s shall pass or adopt the following
ordinances and resolutions:
i. As to the Unit 3 Development Parcel owned by Tall Oaks,
an ordinance in the form attached her-to as Exhibit 3 (the "New PSFR2
Ordinance"). [amending Ordinance N•. G1-08, which classified a portion
of the Unit 3 Development Parcel in the PSFR2 Planned Single Family
Residence District.] Said New P.FR2 Ordinance incorporates the
following plans pertaining to the dev opment of Unit 3 (collectively, the
"Unit 3 Development Plans"):
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(1) the Final Plat of Subdivision for Tall Oaks Unit 3 dated May 11,
2018 prepared by Mackie Con.ultants (with last revision date of
October 30, 2018);
(2) the Final Engineering Plans for all Oaks Unit 3 dated May 10,2018
prepared by Mackie Consult:nts (with last revision date of
November 26, 2018);
(3) the Final Landscape Plans dateI May 8, 2018 prepared by Gary R,
Weber Associates (with last re 'ision date of November 12, 2018);
and
(4) Storm Sewer Ownership Exhi s it Tall Oaks-Unit 3 Elgin, Illinois
prepared by Mackie Consultant. dated September 18, 2018.
For the purposes of clarification, and for the a.sence of doubt, the City will adopt
a resolution approving the aforesaid Final Pla 1 of Subdivision for Unit 3 after the
required subdivision security and engineering reviewing fees have been provided
to and approved by the City.
ii. As to the Unit 3 Development Parcel owned by Tall Oaks,
an ordinance in the form attached here lo as Exhibit 4 (the "Amended PCF
Ordinance") amending Ordinance No. 2-08, which classified a portion of
the Unit 3 Development Parcel in the PCF Planned Community Facility
District.
iii. As to the Unit 5 Deve opment Parcel owned by DRH, an
ordinance in the form attached hereto :s Exhibit 5 (the "Amended PMFR
Ordinance") amending Ordinance No. G3-08, which originally classified
the Unit 5 Development Parcel in the PMFR Planned Multi-Family
Residence District. Said Amended PMFR Ordinance incorporates the
following plans pertaining to the devel opment of Unit 5 (collectively, the
"Unit 5 Development Plans"):
(1) The Final Plat of Subdivision for Tall Oaks Unit 5 dated April 20,
2018 prepared by Mackie Co isultants (with last revision date of
September 20, 2018);
(2) The Final Engineering Plans far Tall Oaks Unit 5 dated April 20,
2018 prepared by Mackie Co isultants (with last revision date of
October 11, 2018);
(2) The Final Landscape Plans T.11 Oaks-Unit 5 dated May 3, 2018
prepared by Gary R, Weber ' ssociates (with last revision date of
September 4, 2018);
(3) The 6-page set of plans a d elevations for multiple-family
townhomes, dated October 24, 2017, prepared by Premier
Architecture, Inc., as submitt•d to and approved by the City's
Director of Community Development, Marc Mylott, on November
09, 2017 (the "2017 Unit 5 To nhome Plans");
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(4) Dog Park Exhibit dated August 0,2018 prepared by Gary R. Weber
Associates with associated Do: Park Landscaping Detail dated
August 30, 2018 prepared by ary R. Weber Associates (the "Dog
Park Plans");
(5) Public and Private Storm Sew-r Exhibit Tall Oaks Unit 5 Elgin,
Illinois, prepared by Mackie C s nsultants, dated July 3, 2018, last
revised August 17, 2018;
(6) Offsite Water Main Exhibit Tall Oaks-Unit 5 Elgin, Illinois,
prepared by Mackie Consultant., dated October 11, 2018; and
(7) Plat of Easement East of propo.ed Tall Oaks Unit 5 Elgin, Illinois,
prepared by Mackie Consultant., dated October 10, 2018.
For the purposes of clarification,and for the ab.ence of doubt,the City has received
from DRH and has approved the required su o division security and the City will
adopt a resolution approving the aforesaid Fin.1 Plat of Subdivision for Unit 5 after
the required engineering review fees have bee provided to the City.
The ordinances and resolutions referred to in this Section 3A (i) are hereby
approved, and (ii) shall be deemed to supers:de their counterparts in the original
Annexation Agreement and the First Amend lent thereto to the extent they apply
to the Unit 3 and Unit 5 Development Parcels.
4. Paragraph 3C. of the Annexation Agreement, s it pertains to the Unit 3 and Unit 5
Development Parcels is hereby amended as follows:
A. With respect to the Unit 5 Parcel owned b DRH, all references therein to the
Preliminary Plat of Subdivision and the Pre iminary Engineering Plans shall be
replaced with (i) The Final Plat of Subdivisi on for Tall Oaks Unit 5 dated April
20, 2018 prepared by Mackie Consultants ( ith last revision date of September
20, 2018); and (ii) the Final Engineering Pl. s for Tall Oaks Unit 5 dated April
20, 2018 prepared by Mackie Consultants ( ith last revision date of October 11,
2018), with such further revisions as requir:d by the City engineer.
B. With respect to the Unit 3 Parcel owned by T..11 Oaks, all references therein to the
Preliminary Plat of Subdivision and the Pre iminary Engineering Plans shall be
replaced with (i) the Final Plat of Subdivisio for Tall Oaks Unit 3 dated May 11,
2018 prepared by Mackie Consultants(with 1.st revision date of October 30, 2018)
and(ii)the Final Engineering Plans for Tall Oaks Unit 3 dated May 10, 2018
prepared by Mackie Consultants (with last r: ision date of November 26, 2018),
with such further revisions as required by the ity engineer.
5. Paragraphs 5B and 6 of the Annexation Agri ement, as they pertain to the Unit 5
Parcel owned by DRH, is deleted in its entirety and replaced with the following:
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B. The City hereby approves Dog Park Plans on the approximate 2.1 acre
portion of the Unit 5 Development Parcel dep cted on the as depicted on the Final
Plat of Subdivision for Tall Oaks Unit 5 ("Do&Park Parcel"), as fulfilling all open-
space requirements of the City's Municipal Co s e with respect to Unit 5. It is agreed
and understood that DRH, as the Developer of he Unit 5 Development Parcel,shall
develop and improve Dog Park Parcel as 'epicted on the Dog Park Exhibit
incorporated into the Amended PMFR Ordin.nce (the "Unit 5 Dog Park"). Said
Unit 5 Dog Park shall be privately owned a d maintained by the homeowners'
association for Unit 5. DRH will receive ce ain credits in connection therewith,
subject to the following:
1. The Dog Park and landscaping park plan s all substantially conform to the Dog
Park Plans.
2. Construction and installation of the Uni 5 Dog Park shall conform to the
requirements of the City of Elgin Genera Park Development Guidelines and
the Americans with Disabilities Act,as bot may be amended from time to time.
3. The cost estimate to improve the Unit 5 U og Park is $90,743. As such, DRH
shall not be required to pay to the •ity the park capital improvement
contribution as required by City of El:in Ordinance No. G2-02 for the
approximately 86 townhome units hereb approved to be constructed on the
Unit 5 Development Parcel.
4. The aggregate size of the Dog Park within he Unit 5 Development Parcel is 2.1
acres according to the Final Plat of Subdi ision, and the Unit 5 Development
Parcel is required to provide 2.1 acres of 'ark to comply with the provisions of
Chapter 17.04 of the Elgin Municipal Co o e, 1976 as amended. As such and as
allowed by said Chapter 17.04.030 D., e park site development impact fee
required for the Unit 5 Development I'arcel is deemed satisfied and no
additional amount is otherwise required.
5. Notwithstanding the provisions of City Code Section 7.04.100A, any dog that
is off-leash within the fenced dog-run en losure established in the Dog Park
and in the presence of its owner shall not i e deemed to be "running at large".
6. With respect to both the Unit 3 and Unit 5 D evelopment Parcels, the following
additional subparagraphs are also hereby added to Paragraph 3C of the Annexation Agreement:
A. The City and the Developers agree to make easonable modifications to the final
plats of subdivision for Units 3 and 5, and to t e respective final engineering and/or
the landscaping plans to solve engineering, layout and/or design problems not
reasonably foreseeable at the time of the exec ion of this Agreement,provided that
such changes are in substantial conformance ith the approved Preliminary Plat of
Subdivision. The parties agree that changes to planned developments provided for
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in Section 19.60.200 of the Elgin Municip.1 Code, 1976, as amended, may be
approved by the City's Development Admi istrator without public hearings and
without formal amendment to this Agreemen i.
B. The City agrees that, prior to the issuance o final plat approval the City shall, at
the request of the Developer,promptly issue 'o the Developer such permits as may
be required to permit the Developer to proce;d with the mass grading required for
the construction of the Development; provih•, however, that as a condition to the
issuance of such permits, (a) Developer shall be required to submit to the City all
of those matters required by Title 21 of the E C and to obtain development permits
as required by said Title 21, and (b) all other approvals (if any) required by law to
have been obtained by the Developer fro other governmental agencies as a
condition to the commencement of such wor. shall have been obtained.
C. The City agrees to issue, within a reasonable time after initial submission, review,
and approval of building construction plans, nd the payment of required building
permit fees and all other applicable fees, all ecessary building and other permits
for the construction of any and all improvem:nts on the Subject Property or issue a
letter of denial within said period of time info ing Developer and the applicant as
to wherein the application does not conform to the stated section of the Code. At
the Developer's request, the City shall iss e up to three (3) separate building
permits for any proposed construction on a of within the Subject Property, with
such Units to be as follows:
Unit 1: Mass grading, the inst;nation of underground utilities, and
foundation installation
Unit II: Construction of the shill of the building.
Unit III: Plumbing, electrical „nd mechanical improvements and
other interior and site i provements.
The issuance of building permits, in and •f themselves / itself, shall not be
construed as a guarantee that a Certificate o i Occupancy shall be issued, it being
the intention of the parties that the issuance •f a Certificate of Occupancy shall be
subject to the provisions of Paragraph 5F her:of.
D. The City agrees that at the request of the De eloper to issue building permit(s) for
the construction of noncombustible building components on the Subject Property
prior to the completion of utilities and stree s. Conditions of any such building
permit(s) shall be that the City's Developm: t Administrator and the City's Fire
Marshall or his designee are satisfied that(i) .ccess to the proposed building site(s)
by fire and emergency vehicles ("Emerge cy Vehicular Access") is safe and
adequate and (ii) the Developer enters in o a hold harmless and indemnity
agreement in a form approved and as require• by the City's Corporation Counsel.
Notwithstanding the foregoing, as to the co .truction of any models before there
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exists any other residential structures that are constructed and occupied, the
Developer shall be allowed to construct bot combustible and non-combustible
parts of such structure even before water for lire protection purposes is provided,
so long as the Developer enters into a hold ha less and indemnity agreement in a
form approved and as required by the City'. Corporation Counsel. The parties
further agree with respect to the condition of I mergency Vehicular Access that:
(i) such condition with respect to propose. Lots/Buildings 8 and 9 within the
Unit 5 Development Parcel owned by 9 RH shall be deemed satisfied by the
existing configuration of Gansett Park ay, and such condition with respect
to proposed Lots/Buildings_7, 18 an. 19 shall be deemed satisfied by the
existing configuration of Goldenrod II .ve; and
(ii) such condition with respect to props sed Lots / Buildings 1 through 11,
inclusive and 106 within the Unit 3 I evelopment Parcel owned by Tall
Oaks shall be deemed satisfied by t e existing configuration of Gansett
Parkway; and
(3) such condition as to all other Lo s / Buildings within the Unit 3
Development Parcel owned by Tall O.ks or within the Unit 5 Development
Parcel owned by DRH may be satisfies by the installation of the gravel road
base intended to serve as the base for t i e right-of-way approved by the final
plat.
E. Exhibits G, H and J to the Annexation A:reement, which list certain fees are
hereby amended and replaced with Exhibit P attached hereto (the "Replacement
Fee Schedule").
F. Notwithstanding anything to the contrary i the Annexation Agreement, it is
acknowledged and agreed that all roads to be •onstructed within Units 3 and 5 shall
be public roads, to be dedicated to the City.
7. Paragraph 15 of the Annexation Agreement is hereby amended to the extent it
applies to the Unit 3 and Unit 5 Development Parcels to rea. as follows:
(a) All residential structures to be cons ructed on the Unit 5 Development
Parcel owned by DRH shall be in su.stantial conformance with the 2017
Unit 5 Townhome Plans, as such plan, may be modified with the approval
of the City's Development Administr.tor pursuant to this Paragraph 15.
(b) As to the development of the Unit 3 Il evelopment Parcel, the design, and
construction and maintenance for all omes shall be in conformance with
the Residential Area Design Guidelin:, for single family homes as set forth
in Appendix A to the 2018 Compre ensive Plan for the City of Elgin.
Developer shall submit architectural p ans for all homes, including to-scale
floor plans and elevations for each side of the home,for review and approval
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by the City's Development Administr.for prior to the issuance of a building
permit for a home. Notwithstanding I rovisions within the Residential Area
Design Guidelines, vinyl siding shall not be a permitted primary building
material. Architectural plans found b, the Development Administrator not
to conform to such Residential Ar;a Design Guidelines may only be
approved as an amendment to the r exation Agreement and planned
development ordinance relating to U it 3.
8. The Annexation Agreement is hereby further .mended to the extent it applies to the
Unit 3 and Unit 5 Development Parcels as follows:
A. This Agreement is and shall be deemed and c.nstrued to be the joint and collective
work product of the City and Developers and, as such, this Agreement shall not be
construed against any party, as the otherwise purported drafter of same, by any
court of competent jurisdiction in order to r solve any inconsistency, ambiguity,
vagueness or conflict in terms or provisions, f any, contained herein.
B. Upon the sale and conveyance of any portio of the Unit 3 Development Parcel or
the Unit 5 Development Parcel by Tall Oa s or DRH, respectively (or by their
respective successors)to another"Developer',the term"Developer"shall mean an
entity purchasing an undeveloped portion of s ch Unit 3 Development Parcel or the
Unit 5 Development Parcel (as the case ay be) for the purposes of future
development. "Developer" shall not be dee ed to include a person or entity who
purchases an improved lot within the Unit t Development Parcel or the Unit 5
Development Parcel for personal use.
C. In the event all or any portion of the Unit Development Parcel or the Unit 5
Development Parcel is sold or conveyed . any time during the term of this
Agreement to a Developer who purchases such portion or all of the Unit 3
Development Parcel or the Unit 5 Developm•nt Parcel for development, all of the
obligations or responsibilities of the Devel+per deriving from this Annexation
Agreement for the parcel sold or otherwise onveyed shall devolve upon and be
assumed by such purchaser or grantee, and th- Owner/Developer as herein defined
shall be released from all obligations of "Developer "which relate to the sold
portion of the Unit 3 Development Parcel or he Unit 5 Development Parcel upon
same being sold or conveyed. Notwithstand• g the foregoing, or anything else to
the contrary in this Annexation Agreement, .ny security posted with the City for
the construction and/or completion of impr.vements on or associated with the
development of the Unit 3 Development Par.el or the Unit 5 Development Parcel
shall continue and remain in full force and of ct upon the sale or conveyance of all
or any portion of the Unit 3 Development Par el or the Unit 5 Development Parcel
unless the purchaser or transferee agrees t o complete such improvements and
delivers to the City security to cover those obligations, which security shall be
subject to the approval of the City.
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D. This Annexation Agreement constitutes a covenant running with the land
composing the Subject Property,binding upo the parties hereto, the successors in
title of the Developer and each of them, all gr:ntees, successors, and assigns of the
respective parties hereto, including successo 1 corporate authorities and successor
municipalities of the City. The City may r:cord a memorandum of annexation
agreement placing of record the terms, provisions and obligations of this
Agreement.
E. In the event any phrase, paragraph, article or 3 ortion of this Agreement is found to
be invalid or illegal by any court of com•etent jurisdiction, such finding of
invalidity as to that portion shall not affect the validity, legality or enforceability of
the remaining portions of this Agreement.
F. It is agreed that in the event either of the Developers or such Developer's successors
in interest as to any portion of the Unit 3 and nit 5 Development Parcels propose
to amend this Agreement or the ordinances ereby approved with respect to the
Unit 3 and Unit 5 Development Parcels, then any such proposed amendment shall
require the amendment of this Agreement upon the terms and conditions which are
acceptable to the City, in the City's sole disc etion. However, with respect to any
such proposed amendment:
(i) While Tall Oaks owns any portion of t le Unit 3 Development Parcel,(either
in the name of the Tall Oaks of in th- name of an affiliate of Tall Oaks),
then no such amendment with respect o the Unit 3 Parcel shall be approved
by the City without the consent of Ta 1 Oaks. Similarly, while DRH owns
any portion of the Unit 5 Developm-1 t Parcel, (either in the name of the
DRH of in the name of an affiliate of II RH), then no such amendment with
respect to the Unit 5 Parcel shall b: approved by the City without the
consent of DRH; and
(ii) Subject to the requirements of subpar:graph 6K(i) above, only the written
approval of the legal titleholder of tha portion of the Subject Property that
is proposed to be affected by the ame dment shall be required to effect the
initiation of a proposed amendment o this Agreement or the ordinance
pertaining to such portion of the Subj:ct Property.
G. The zoning of the Subject Property estab ished pursuant to this Annexation
Agreement shall create permanent zoning cla.sifications for the Subject Property,
which shall remain in effect throughout th- Term of this Agreement (unless
changed by agreement of the parties or their successors as herein provided) and
thereafter until amended in the manner pro ided by law for the amendment of
zoning classifications. Except for such amen.ment, such zoning shall not expire at
any time or upon the happening of any event or the failure of any event to occur.
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9. Paragraph 32 of the Annexation Agreement to he extent it applies to the Unit 3 and
Unit 5 Development Parcels is deleted.
10. Paragraph 33 of the Annexation Agreement to he extent it applies to the Unit 3 and
Unit 5 Development Parcels is hereby supplement with the fol lowing:
The Developers of Units 3 and 5 shall have t - right to establish on-site sales and
marketing signage pertaining to community id:ratification,model identification and
model parking, sales hours, sales hours, dir•ctional signs, and home site / lot
number identifications, with such signage to b; (i)in substantial conformance with
the undated signage package prepared by P.rvin-Claus received September 6,
2018), or(ii) as otherwise approved by the Citi 's Development Administrator.
11. Paragraph 42 of the Annexation Agreement i• hereby amended by adding thereto
the following notice information for Tall Oaks and DRH:
If to DRH: D.R. Horton, In•.—Midwest
750 E. Bunker •ourt, Suite 500
Vernon Hills, IL 60061
Attn: Omar A. 'odriguez Caballero
With a copy to: Peter C. Bazos, sq.
Bazos, Freeman Schuster, &Pope, LLC
1250 Larkin Av;nue, Suite 100
Elgin, Illinois 61123
If to Tall Oaks: Richard Guerar., Esq.
Guerard, Kalina& Butkus
310 S. County F. Road, Suite H
Wheaton IL 60187-2409
12. In the event of any conflict between the term- of this Second Amendment and the
terms of the Annexation Agreement or the First Amendme t to the Annexation Agreement, the
terms of this Second Amendment shall supersede and control to the extent of any such conflict. In
all other respects the Annexation Agreement, as amended by he First Amendment shall remain in
full force and effect as written and as amended herein.
SIGNATURE PAGES TO F I LLOW
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Table of Exhibits:
Exhibit Number Description
1 Legal Description of the Unit 3 Parcel
2 Legal Description of the Unit 5 Parcel
3 Amended PSFR2 Ordinance
4 Amended PCF Ordinance
5 Amended PMFR Ordinance
6 Replacement Fee Schedule
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CITY OF EL . N,ILLINO
By: fir , (l'e
ayor
ATTEST:
By: 41L/aeht9iitaLS•
City Clerk
F:\Legal Dept\Agreement\Annexation-Tall Oaks-Second Amendment-WAC-Clean-1 1-29-1 8.docx
D.R. NORTON,INC.-MIDWEST
By:
Name: nu-r- ,G64 GtiL,�,1ls/o
Title: t, 5/oft Pito 1 k/..
13
TALL OAKS INVESTMENT,LLC
,�0/�
By: ---
Name: i /'1 4..4,0c
Title: /4 „
14
EXHIBIT 1
(Legal Description Tall Oaks nit 3)
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF SECTION 18, OWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOU H LINE OF GANSETT PARKWAY
OF TALL OAKS SUBDIVISION, UNIT ONE, ACCO' ING TO THE PLAT THEREOF
RECORDED NOVEMBER 18,2005 AS DOCUMENT NO.2005K139365 AND CERTIFICATE
OF CORRECTION RECORDED APRIL 20, 2007 AS DO 1 UMENT NO. 2007K043334, WITH
THE CENTER LINE OF RUSSELL ROAD; THENCE NO I TH 00 DEGREES 45 MINUTES 26
SECONDS EAST ALONG SAID CENTER LINE, 140.01 FI ET TO THE MOST NORTHERLY
CORNER OF SAID UNIT; THENCE THE FOLLOWING , COURSES ALONG THE NORTH
LINE OF SAID UNIT ONE; 1) THENCE NORTH 89 DEI REES 53 MINUTES 57 SECONDS
EAST, 60.01 FEET; 2) THENCE SOUTH 44 DEGREES •0 MINUTES 19 SECONDS EAST,
70.19 FEET; 3) THENCE NORTH 89 DEGREES 53 M 1 UTES 57 SECONDS EAST, 16.28
FEET; 4) THENCE SOUTH 88 DEGREES 34 MINUTES 10 SECONDS EAST, 373.33 FEET;
5) THENCE NORTH 89 DEGREES 53 MINUTES 57 SE1 ONDS EAST, 311.69 FEET TO A
POINT OF CURVATURE; 6) THENCE EASTERLY ALONG A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1040.00 FEET, Al ARC LENGTH OF 454.42 FEET,
A CHORD BEARING SOUTH 77 DEGREES 35 MINU ES 00 SECONDS EAST AND A
CHORD DISTANCE OF 450.82 FEET FOR THE POINT IF BEGINNING; THENCE NORTH
25 DEGREES 01 MINUTES 54 SECONDS EAST, 77.00 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY, NORTHEASTEI' Y AND EASTERLY ALONG A
CURVE CONCAVE SOUTHEASTERLY HAVING A ' • 11IUS OF 130.00 FEET, AN ARC
LENGTH OF 204.20, A CHORD BEARING NORTH 70 DEGREES 01 MINUTES 54
SECONDS EAST AND A CHORD DISTANCE OF 183.85 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 56.96 FEE ; THENCE NORTH 27 DEGREES
30 MINUTES 25 SECONDS EAST, 427.85 FEET; T IENCE NORTH 25 DEGREES 12
MINUTES 18 SECONDS EAST, 345.11 FEET TO THE C NTERLINE OF ROUTE 20 (S.B.I.
ROUTE 5);THENCE SOUTH 64 DEGREES 22 MINUTES 22 SECONDS EAST ALONG SAID
CENTERLINE, 873.57 FEET TO THE WESTERLY LIN OF A PARCEL DESCRIBED IN
TRUSTEE'S DEED RECORDED AUGUST 4, 1998 • S DOCUMENT NO. 98K069237;
THENCE SOUTH 25 DEGREES 01 MINUTES 54 ECONDS WEST ALONG SAID
WESTERLY LINE AND ITS SOUTHWESTERLY PRO ECTION, 1670.49 FEET TO THE
NORTHEASTERLY CORNER OF GANSETT PA' i WAY OF SAID TALL OAKS
SUBDIVISION, UNIT ONE; THENCE NORTH 64 DEG' ES 58 MINUTES 06 SECONDS
WEST ALONG THE NORTH LINE OF SAID GANSET PARKWAY, 1078.23 FEET TO A
POINT OF CURVATURE; THENCE WESTERLY • LONG A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1040.00 FEET, A ARC LENGTH OF 1.77 FEET, A
CHORD BEARING OF NORTH 65 DEGREES 01 MIN TES 02 SECONDS WEST AND A
CHORD DISTANCE OF 1.77 FEET TO THE POINT OI BEGINNING, IN THE CITY OF
ELGIN,KANE COUNTY, ILLINOIS. (EXCEPT THAT P• RT CONVEYED BY WARRANTY
DEED RECORDED MAY 05, 2004 AS DOCUMENT 2004K056717)
15
EXHIBIT 2
(Legal Description Tall Oaks 'nit 5)
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND PART OF SECTION 18, OWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SA D SECTION 13,THENCE SOUTH
00 DEGREES, 28 MINUTES, 47 SECONDS EAST (ME• SURED SOUTH 00 DEGREES 20
MINUTES 06 SECONDS EAST)ALONG THE EAST LIN: OF SAID SECTION, 550.70 FEET
FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 17 MINUTES, 32
SECONDS WEST, 847.15 FEET (845.98 FEET MEA',URED) TO THE NORTHWEST
CORNER OF TALL OAKS SUBDIVISION,UNIT 4,ACC Ii RDING TO THE PLAT THEREOF
RECORDED AUGUST 21, 2008 AS DOCUMENT NO. 2008K067349; THENCE SOUTH 00
DEGREES 45 MINUTES 26 SECONDS WEST ALONG • WEST LINE OF SAID UNIT 4 A
DISTANCE OF 270.09 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 89
DEGREES 17 MINUTES 32 SECONDS EAST ALONG SAID WEST LINE 18.40 FEET;
THENCE SOUTH 00 DEGREES 06 MINUTES 03 SECO DS EAST ALONG A WEST LINE
OF SAID UNIT 4 A DISTANCE OF 425.60 FEET TO HE NORTH LINE OF GANSETT
PARKWAY, ALSO BEING THE NORTH LINE OF TALL OAKS SUBDIVISION UNIT ONE,
ACCORDING TO THE PLAT THEREOF RECORD D NOVEMBER 18, 2005 AS
DOCUMENT NO. 2005K139365 AND CERTIFICATE OF CORRECTION RECORDED
APRIL 20, 2007 AS DOCUMENT NO. 2007K043334; T ENCE NORTH 89 DEGREES 53
MINUTES 57 SECONDS EAST ALONG SAID NORTH L E, 253.67 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALIING A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 1040.00 F:ET, AN ARC LENGTH OF 454.42
FEET, A CHORD BEARING OF SOUTH 77 DEGREES .5 MINUTES 00 SECONDS EAST
AND A CHORD DISTANCE OF 450.82 FEET; THENCE ORTH 25 DEGREES 01 MINUTES
54 SECONDS EAST, 777.00 FEET; THENCE NORTH 77 DEGREES 36 MINUTES 24
SECONDS WEST, 195.27 FEET (196.62 FEET MEASU' :D) TO THE EAST LINE OF SAID
SECTION 13; THENCE NORTH 00 DEGREES 28 MINU ES 47 SECONDS WEST (NORTH
00 DEGREES 20 MINUTES 06 SECONDS WEST) ALO 1G SAID EAST LINE, 56.46 FEET
(56.16 FEET MEASURED) TO THE POINT OF BEG ING, (EXCEPT THAT PART
FALLING IN TALL OAKS UNIT 4, ACCORDING TO Ti E PLAT THEREOF RECORDED
AUGUST 21, 2008 AS DOCUMENT NO. 2008K067349), IN THE CITY OF ELGIN, ALL IN
KANE COUNTY , ILLINOIS.
16
EXHIBIT 3
Ordinance No. G62-18
AN ORDINANCE
AMENDING ORDINANCE NO. G1-08 RECLASSIFY I G TERRITORY IN THE PSFR2
PLANNED SINGLE FAMILY RESIDENCE DISTRIC I TO A NEW PSFR2 PLANNED
SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision U it 3)
WHEREAS, written application has been made to r-classify certain property part of Tall
Oaks Subdivision from PSFR2 Planned Single Family Residence District established by
Ordinance No. G14-04, as amended in its entirety by Ori inance No. G1-08 to a new PSFR2
Planned Single Family Residence District; and
WHEREAS, certain property is known commonly known as Tall Oaks Unit 3, and is
legally described herein (the "Subject Property"); and
WHEREAS,the Planning and Zoning Commission .nducted a public hearing concerning
said application on September 10, 2018 following due notic- including by publication; and
WHEREAS, the Community Development Depa a ent and the Planning and Zoning
Commission have submitted their Findings of Fact concerni g said application; and
WHEREAS, the Community Development Dep. . ent and the Planning and Zoning
Commission recommend approval of said application, subje t to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, I linois, has reviewed the findings and
recommendations of the Community Development Depa ment and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit an. as a home rule unit may exercise any
power and perform any function pertaining to its governme t and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned
development as a map amendment from PSFR2 Planne. Single Family Residence District
established by Ordinance No. G14-04, as amended in its e tirety by Ordinance No. G1-08 to a
new PSFR2 Planned Single Family Residence District pert ins 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 September 10, 2018, and the recommendations ade by the Community Development
17
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07 Zoning Districts, `ection 19.08.020 entitled "Official
Zoning District Map"of the Elgin Municipal Code, as amend d, be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the "Zoning Di.trict Map", as amended, be and are
hereby altered by including in the PSFR2 Planned S4ngle Family Residence District the
following described property:
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN AND PART O F SECTION 18, TOWNSHIP 41
NORTH,RANGE 8 EAST OF THE THIRD PRINC I'AL MERIDIAN,DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSE STION OF THE SOUTH LINE OF
GANSETT PARKWAY OF TALL OAKS SUBD SION, UNIT ONE, ACCORDING
TO THE PLAT THEREOF RECORDED NOVEMBR R 18, 2005 AS DOCUMENT NO.
2005K139365 AND CERTIFICATE OF CORRECTION RECORDED APRIL 20, 2007
AS DOCUMENT NO.2007K043334,WITH THE C INTER LINE OF RUSSELL ROAD;
THENCE NORTH 00 DEGREES 45 MINUTES 2 SECONDS EAST ALONG SAID
CENTER LINE, 140.01 FEET TO THE MOST ORTHERLY CORNER OF SAID
UNIT; THENCE THE FOLLOWING 6 COURSE` ALONG THE NORTH LINE OF
SAID UNIT ONE; 1) THENCE NORTH 89 DEG' ES 53 MINUTES 57 SECONDS
EAST, 60.01 FEET; 2) THENCE SOUTH 44 DEG' ES 40 MINUTES 19 SECONDS
EAST, 70.19 FEET; 3) THENCE NORTH 89 DEG' ES 53 MINUTES 57 SECONDS
EAST, 16.28 FEET; 4) THENCE SOUTH 88 DEG' ES 34 MINUTES 00 SECONDS
EAST, 373.33 FEET; 5) THENCE NORTH 89 DE REES 53 MINUTES 57 SECONDS
EAST, 311.69 FEET TO A POINT OF CURV• TURE; 6) THENCE EASTERLY
ALONG A CURVE CONCAVE SOUTHERLY HA ING A RADIUS OF 1040.00 FEET,
AN ARC LENGTH OF 454.42 FEET, A CHORD B ARING SOUTH 77 DEGREES 35
MINUTES 00 SECONDS EAST AND A CHORD DISTANCE OF 450.82 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 25 DE 1 REES 01 MINUTES 54 SECONDS
EAST, 777.00 FEET TO A POINT OF CURV• TURE; THENCE NORTHERLY,
NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 131.00 FEET, AN ARC LENGTH OF
204.20, A CHORD BEARING NORTH 70 DEG' ES 01 MINUTES 54 SECONDS
EAST AND A CHORD DISTANCE OF 183.85 FE T; THENCE SOUTH 64 DEGREES
58 MINUTES 06 SECONDS EAST, 56.96 FEET; !HENCE NORTH 27 DEGREES 30
MINUTES 25 SECONDS EAST, 427.85 FEET; T ENCE NORTH 25 DEGREES 12
MINUTES 18 SECONDS EAST, 19.75 FEET; T1 ENCE SOUTH 64 DEGREES 58
MINUTES 06 SECONDS EAST, 118.29 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 90 00 FEET, AN ARC LENGTH OF
89.33 FEET, A CHORD BEARING OF NORT 58 DEGREES 03 MINUTES 25
SECONDS EAST AND A CHORD DISTANCE 0 85.71 FEET; THENCE NORTH 25
18
DEGREES 01 MINUTE 54 SECONDS EAST, 12!.94 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 1.6.00 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 119.00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 4:.50 FEET; THENCE NORTH 25
DEGREES 01 MINUTE 54 SECONDS EAST, 11:.00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 1 .0.29 FEET; THENCE SOUTH 44
DEGREES 02 MINUTES 43 SECONDS EAST, 110.45 FEET; THENCE SOUTH 12
DEGREES 15 MINUTES 04 SECONDS EAST, 1 8.48 FEET; THENCE SOUTH 19
DEGREES 32 MINUTES 36 SECONDS WEST, :9.21 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 43•.97 FEET; THENCE NORTH 64
DEGREES 58 MINUTES 06 SECONDS WEST, 1 8.00 FEET; THENCE SOUTH 25
DEGREES 01 MINUTE 54 SECONDS WEST, 1.7.00 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 139.51 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY LONG A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 90 00 FEET, AN ARC LENGTH OF
72.21 FEET, A CHORD BEARING OF SOUTH 41 DEGREES 58 MINUTES 58
SECONDS EAST AND A CHORD DISTANCE OF 70.29 FEET; THENCE NORTH 71
DEGREES 00 MINUTE 10 SECONDS EAST, 3 .18 FEET; THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 1 1.00 FEET TO THE WESTERLY
LINE AND SOUTHERLY EXTENSION THEREO OF A PARCEL DESCRIBED IN
TRUSTEE'S DEED RECORDED AUGUST 4, 1998 AS DOCUMENT NO. 98K069237,
SAID LINE BEING ALSO THE WEST LINE OF EST POINT GARDENS PHASE 1
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 18, 2006 AS
DOCUMENT NO. 2006K091077; THENCE SOU H 25 DEGREES 01 MINUTES 54
SECONDS WEST ALONG SAID WESTERLY L E AND ITS SOUTHWESTERLY
PROJECTION, 787.00 FEET TO THE NORTHEA.TERLY CORNER OF GANSETT
PARKWAY OF SAID TALL OAKS SUBDIVISIO ,UNIT ONE;THENCE NORTH 64
DEGREES 58 MINUTES 06 SECONDS WEST ALONG THE NORTH LINE OF SAID
GANSETT PARKWAY, 1078.23 FEET TO A P O INT OF CURVATURE; THENCE
WESTERLY ALONG A CURVE CONCAVE SOU I HERLY HAVING A RADIUS OF
1040.00 FEET, AN ARC LENGTH OF 1.77 FEET, A CHORD BEARING OF NORTH
65 DEGREES 01 MINUTES 02 SECONDS WEST • I D A CHORD DISTANCE OF 1.77
FEET TO THE POINT OF BEGINNING, IN THE I ITY OF ELGIN, KANE COUNTY,
ILLINOIS.
Such areas legally described above and depicted on t e attached Zoning Exhibit Tall Oaks
Unit 3,prepared by Mackie Consultants, LLC, dated •ugust 24, 2018, last revised August
29, 2018, and designated in the PSFR2 Planned Sing e Family Residence District.
Section 3. That the City Council of the City of Ellin hereby grants the rezoning from
PSFR2 Planned Single Family Residence District to a ew PSFR2 Planned Single Family
Residence District the property described in Section 2, whii h shall be designed, developed, and
operated subject to the following provisions:
19
A. Purpose and Intent. The purpose of the PSF' Planned Single Family Residence
District is to provide a planned urban resident al environment of moderate density
for single-family detached dwellings, subject to the provisions of Chapter 19.60
"Planned Developments" of the Elgin Muni'ipal Code, as amended. A PSFR2
zoning district is most similar to,but departs •nom the standard requirements of the
SFR2 zoning district.
B. Supplementary Regulations. Any word or •hrase contained herein, followed by
the symbol "[SR]", shall be subject to the defi itions and the additional interpretive
requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin
Municipal Code,as amended. The exclusion •f such symbol shall not exempt such
word or phrase from the applicable suppleme tary regulation.
C. General Provisions. In this PSFR2 Planned 'ingle Family Residence District, the
use and development of land and structures •hall be subject to the provisions of
Chapter 19.05 "General Provisions", of the Elvin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PSF' P Planned Single Family Residence
District, the use and development of land . d structures shall be subject to the
provisions of Chapter 19.07 "Zoning Distric .", of the Elgin Municipal Code, as
amended.
E. Location and Size of District. PSFR2 Plann•d Single Family Residence Districts
should be located in substantial conformanc: to the official comprehensive plan.
The amount of land necessary to constitut: a separate PSFR2 Planned Single
Family Residence District exclusive of rights of way, but including adjoining land
or land directly opposite a right of way shal not be less than two (2) acres. No
departure from the required minimum size o a planned industrial district shall be
granted by the City Council.
F. Land Use. In this PSFR2 Planned Single F.1 ily Residence District, the use and
development of land and structures shall be .ubject to the provisions of Chapter
19.10 "Land Use", of the Elgin Municipal Code, as amended. The following
enumerated "land uses" [SR] shall be the on y land uses allowed as a "permitted
use" [SR] or as a "conditional use" [SR] in this PSFR2 Planned Single Family
Residence District:
1. Permitted Uses. Those land uses enu -rated as permitted uses within the
SFR2 Single Family Residence District, S-ction 19.25.330 A.,Land Use,of the
Elgin Municipal Code, as it may be amen•ed from time to time.
2. Conditional Uses. Those land uses enu erated as conditional uses within the
SFR2 Single Family Residence District, S-ction 19.25.330 B., Land Use,of the
Elgin Municipal Code, as it may be amen.ed from time to time.
20
G. Site Design. In this PSFR2 Planned Single Fa ly Residence District,the use and
development of land and structures shall be s I bj ect to the provisions of Chapter
19.12, "Site Design", of the Elgin Municipal CIde, as amended, Section 19.25.335
"Site Design" for SFR2 Single Family Reside ice District, of the Elgin Municipal
Code,as amended,except as provided within th s section,and shall be in substantial
conformance with the following:
1. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot
area" [SR] shall be seven thousand four h dred thirty four(7,434) square feet
per dwelling unit. The minimum required 1.t area for a zoning lot shall be nine
thousand six hundred seventy six(9,676) s l uare feet for all "through lots" [SR]
and for all "corner lots" [SR].
2. Lot Width. In this PSFR2 zoning district the minimum required "lot width"
[SR]for a zoning lot shall be sixty three(6 )linear feet.The minimum required
lot width for a zoning lot shall be eighty o (82) linear feet for corner lots.
3. Setbacks by Lot Line. In this PSFR2 zo ing district, the minimum required
"building" [SR] "setbacks" [SR] for a zoni g lot shall be as follows:
1. Street Setback: The minimum requi ed setback for a building from a
"limited access street" [SR], "arterial -treet" [SR], "major collector street"
[SR], "collector street" [SR], or "local street" [SR] "lot line" [SR] shall be
as follows:
Local Street: Where a zoning lot has frontage on a local street,the minimum
required setback for a building from a s reet lot line shall be twenty five(25)
linear feet.
2. Side Setback: The minimum required Building setback from a"side lot line"
[SR] shall be six (6) linear feet. The •ombined width of the side setbacks
from the side lot lines shall not be less than twelve (12) linear feet.
3. Interior Setback: The minimum require d building setback from an"interior
lot line" [SR] shall be six(6) linear fest.
4. Rear Setback:The minimum required ouilding setback from a"rear lot line"
[SR] shall be thirty(30) linear feet.
4. Substantial conformance to the Develop ent Application submitted by Tall
Oaks Investment, LLC do Richard Guer;rd and D. R. Horton, Inc.-Midwest
c/o Omar A. Rodriguez Caballero or Dani-lle Dash, as applicants and property
owners,received May 15, 2018, and supp+rting documents including:
a. Undated First Amendment to Rider St.tement of Purpose and Conformance
Amendment to Annexation Agre-ment and to existing Planned
Development Districts, received Sept:mber 6, 2018;
b. Proposed Temporary Sales and Mark ting Signage Plan, dated October 10,
2018, received October 19, 2018, ano undated representative model sales
21
signage package, prepared by Parvi I-Clauss Sign Company, received
October 19, 2018;
c. ALTA/ACSM Land Title Survey, pre s ared by Mackie Consultants, LLC,
dated March 23, 2015, last revised Feb ary 3, 2016;
d. Zoning Exhibit Tall Oaks Unit 3, pre•ared by Mackie Consultants, LLC,
dated August 24, 2018, last revised Au. st 29, 2018;
e. Final Plat of Subdivision Tall Oaks Uni 3,prepared by Mackie Consultants,
LLC, dated May 11, 2018, last revised October 30, 2018;
f. Landscape Plan Tall Oaks Unit 3, pre.ared by Gary R. Weber Associates,
Inc., dated May 8, 2018, last revised N.vember 12, 2018;
g. Final Engineering Plans for Tall Oa s - Unit 3 City of Elgin, Illinois,
prepared by Mackie Consultants, LL I, dated May 10, 2018, last revised
November 26, 2018;
h. Storm Sewer Ownership Exhibit Tall 0 aks-Unit 3 Elgin, Illinois, prepared
Mackie Consultants, LLC, dated Septel ber 18, 2018.
In the event of any conflict between sush documents and the terms of this
ordinance or other applicable city ordin. ces, the terms of this ordinance or
other applicable city ordinances shall sup-1 sede and control.
5. The design, and construction and main enance for all homes shall be in
conformance with the Residential Area 0 esign Guidelines for single family
homes as set forth in Appendix A to the 2118 Comprehensive Plan for the City
of Elgin. Developer shall submit architei tural plans for all homes, including
to-scale floor plans and elevations for ea h side of the home, for review and
approval by the City's Development Ad iinistrator prior to the issuance of a
building permit for a home. Notwithstans i ng provisions within the Residential
Area Design Guidelines, vinyl siding shal not be a permitted primary building
material. Architectural plans found by t - Development Administrator not to
conform to such Residential Area Design Guidelines may only be approved as
an amendment to the Annexation Ag eement and planned development
ordinance relating to Unit 3.
6. The applicant shall install a 6-foot high w ite PVC privacy fence in substantial
compliance to the "Fence Exhibit" dated October 16, 2018 along the rear lot
lines of Lots 82, 83, 84, 85 and 86 bac ' g up to US Route 20. The same type
of 6-foot high white PVC privacy fence in substantial compliance to the"Fence
Exhibit"dated October 16, 2018, shall be he only type of fence permitted to be
installed, and must be maintained as suc 1, along the side and rear lot lines of
Lots 1,2,3,4, 5, 6,7, 8,9, 10, 11 and 106 •acking up to and adjacent to Gansett
Parkway.
7. Compliance with all applicable codes an. ordinances.
22
H. Off Street Parking. In this PSFR2 Planned Si gle Family Residence District, off-
street parking shall be subject to the provis'ons of Chapter 19.45 "Off Street
Parking", of the Elgin Municipal Code, as ame ded.
Off Street Loading. In this PSFR2 Planned Si gle Family Residence District,off-
street loading shall be subject to the provis ons of Chapter 19.47 "Off Street
Loading", of the Elgin Municipal Code, as am'nded.
J. Signs. In this PSFR2 Planned Single Famil Residence District, signs shall be
subject to the provisions of 19.50 "Street Graics", of the Elgin Municipal Code,
as amended.
K. Nonconforming Uses and Structures. In his PSFR2 Planned Single Family
Residence District, nonconforming uses and structures shall be subject to the
provisions of Chapter 19.52 "Nonconformin: Uses and Structures" of the Elgin
Municipal Code, as amended.
L. Amendments. In this PSFR2 Planned Single Family Residence District, text and
map amendments shall be subject to t e provisions of Chapter 19.55
"Amendments" of the Elgin Municipal Code, :s amended
M. Planned Developments. In this PSFR2 Pla -d Single Family Residence District,
the use and development of the land and struc res shall be subject to the provisions
of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as
amended. A conditional use for a planned d:velopment may be requested by the
property owner without requiring an amendm nt to this PSFR2 zoning district.
N. Conditional Uses. In this PSFR2 Planner Single Family Residence District,
conditional uses shall be subject to the provi.ions of Chapter 19.65 "Conditional
Uses", of the Elgin Municipal Code, as a ended. A conditional use may be
requested by the property owner without req iring an amendment to this PSFR2
zoning district.
O. Variations. In this PSFR2 Planned Single 'amily Residence District, variations
shall be subject to the provisions of Chapt:r 19.10.500 "Authorized Land Use
Variations", Chapter 19.12.800 "Authorized ite Design Variations", and Chapter
19.70 "Variations", of the Elgin Municipal C u de, as amended. A variation may be
requested by the property owner without re. iring an amendment to this PSFR2
zoning district.
P. Subdivisions — Generally. The subdivi.ion of the Subject Property and
development thereof shall comply with the s bdivision regulations of the city, as
amended,and the Plat Act of the State of Blinn is. Prior to building permit issuance,
for each building or structure proposed to be n uilt within the planned development,
23
a soils suitability and bearing capacity test sh.,11 be performed as required by the
City Engineer and the Development Administra tor.
Q. Buildings—Required Improvements. In addi ion to those building improvements
required by Title 16 of the Elgin Munici I al Code, the following building
improvements shall also be required:
1. All sanitary sewer shall be overhead se ers.
2. All structures containing sump pits a d pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Admin strator.
R. Appeals. Any requirement, determination, o r interpretation associated with the
administration and enforcement of the provisio s of this ordinance may be appealed
subject to the provisions of Chapter 19.75 "Ap.eals",of the Elgin Municipal Code,
as amended.
Section 4. The provisions of this ordinance shal apply to the portion of the subject
property legally described in and subject to the terms of the Second Amendment to Annexation
Agreement for the subject property.
Section 5. That this ordinance shall be in full force an I effect immediately after its passage
in the manner provided by law.
/ 10
David J. Ka,,(n, ayor
Presented: December 5, 2018
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
24
EXHIBIT 4
Ordinance No. G63-18
AN ORDNANCE
AMENDING ORDINANCE NO. G2-08 WHICH AMEN I ED ORDINANCE NO. G15-04
CLASSIFYING TERRITORY IN THE PCF PLANNED CO MUNITY FACILITY DISTRICT
(Tall Oaks Subdivision Unit 3)
WHEREAS,the property herein has previously been .nnexed to the City of Elgin; and
WHEREAS,the property has previously been classifies in the PCF zoning district pursuant
to Ordinance No. G15-04, as amended in its entirety by Ordi ance No. G2-08; and
WHEREAS, a written application has been made to reclassify certain property legally
described herein (the "Subject Property") from PSFR2 Plann•d Single Family Residence District
to PCF Planned Community Facility District established by I rdinance No. G 15-04, as amended
in its entirety by Ordinance No. G2-08; and
WHEREAS, after due notice in the manner provid:d by law the Planning and Zoning
Commission conducted a public hearing on September 10, 2118 concerning said application; and
WHEREAS, the Community Development Depart ent and the Planning and Zoning
Commission have submitted their written Findings of Fac and recommend approval of said
application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Il inois, has reviewed the findings and
recommendations of the Community Development Depart ent 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 governmen and affairs; and
WHEREAS, zoning, including, but not limited io, this ordinance granting a map
amendment from PSFR2 Planned Single Family Residence ID istrict to PCF Planned Community
Facility District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY 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 September 10,2018, and the recommendations ade by the Community Development
Department and the Planning and Zoning Commission, a 6opy of which is attached hereto and
made a part hereof by reference as Exhibit A.
25
Section 2. That Ordinance No. G2-08 previously adopted by the City Council of the
City of Elgin and classifying the property described therei in the PCF Planned Community
Facility District is hereby amended as follows:
A. Section 1 of Ordinance No. G2-08 is hereb1 amended by adding the following
thereto:
That Chapter 19.07, Section 19.07.600 e titled 'Zoning District Map' of the
Elgin Municipal Code, 1976, as amended be and the same is hereby further
amended by adding thereto the following as ditional paragraphs:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered bi including in the PCF Planned
Community Facility District, establishe• by Ordinance No. G2-08, the
following additional described property:
Those areas on the attached Zoning Exhi it Tall Oaks Unit 3 Elgin, Illinois,
prepared by Mackie Consultant„ LLC, •.ted August 24, 2018, last revised
August 29, 2018, designated thereon in th- PCF Planned Community Facility
District"
B. Section 2. G. of Ordinance G2-08, which regulates "Site Design" in the PCF
Planned Community Facility District of the subject property,is hereby amended
to include the following additional conditi•ns within this PCF zoning district:
4. Substantial conformance to the Develo s ment Application submitted by Tall
Oaks Investment, LLC c/o Richard Gu.rard and D. R. Horton, Inc.-Midwest
do Omar A. Rodriguez Caballero o Danielle Dash, as applicants and
property owners, received May 15, 2018, and supporting documents
including:
a. Undated First Amendment to ' 'der Statement of Purpose and
Conformance Amendment to A exation Agreement and to existing
Planned Development Districts, re•eived September 6, 2018;
b. Proposed Temporary Sales and M. keting Signage Plan, dated October
10, 2018, received October 19, 20 8, and undated representative model
sales signage package, prepared by Parvin-Clauss Sign Company,
received October 19, 2018;
c. ALTA/ACSM Land Title Surve , prepared by Mackie Consultants,
LLC, dated March 23, 2015, last r.vised February 3, 2016;
d. Zoning Exhibit Tall Oaks Unit 3,p epared by Mackie Consultants,LLC,
dated August 24, 2018, last revises August 29, 2018;
e. Final Plat of Subdivision Tall S aks Unit 3, prepared by Mackie
Consultants, LLC, dated May 11, .018, last revised October 30, 2018;
26
f. Landscape Plan Tall Oaks Unit c, prepared by Gary R. Weber
Associates, Inc., dated May 8, 2018, I ast revised November 12, 2018;
g. Final Engineering Plans for Tall O.ks — Unit 3 city of Elgin, Illinois,
prepared by Mackie Consultants, LL , dated May 10, 2018, last revised
November 26, 2018;
h. Storm Sewer Ownership Exhibit all Oaks-Unit 3 Elgin, Illinois,
prepared Mackie Consultants, LLC, a ated September 18, 2018.
In the event of any conflict between su h documents and the terms of this
ordinance or other applicable city ordin.nces, the terms of this ordinance or
other applicable city ordinances shall su•ersede and control.
Section 3. The provisions of this ordinance shall apply to the portion of the subject
property legally described in and subject to the terms of the Second Amendment to Annexation
Agreement for the subject property.
Section 4. That this ordinance shall be in full fo ce and effect immediately after its
passage in the manner provided by law.
Ili/IL I
David J. Ka. ain, M• or
Presented: December 5, 2018
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
27
EXHIBIT 5
Ordinance No. G64-18
AN ORDINANCE
AMENDING PMFR PLANNED MULT II'LE FAMILY
RESIDENCE DISTRICT ORDINANC NO. G3-08
(Tall Oaks Subdivision Unit 5)
WHEREAS, the property herein has previously been .1 exed to the City of Elgin; and
WHEREAS, the property has previously been classi ied in the PMFR Planned Multiple
Family Residence District and is subject to the requirements .f Ordinance No. G3-08; and
WHEREAS, a written application has been made t. amend PMFR Planned Multiple
Family Residence District Ordinance No. G3-08 to allow fo the development of townhomes in
Unit 5 of Tall Oaks Subdivision; and
WHEREAS, the zoning lot containing the premises of Unit 5 of Tall Oaks Subdivison is
legally described in Ordinance No. G3-08 (the "Subject Prop rty"); and
WHEREAS, after due notice in the manner provithd by law the Planning and Zoning
Commission conducted a public hearing on September 10, 2118 concerning said application; and
WHEREAS, the Community Development Depart ent and the Planning and Zoning
Commission have submitted their written Findings of Fac and recommend approval of said
application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Il inois, has reviewed the findings and
recommendations of the Community Development Depart ent 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 governmen and affairs; and
WHEREAS, zoning, including, but not limited to, t is ordinance granting an amendment
to the PMFR Planned Multiple Family Residence District p.rtains to the government and affairs
of the city.
NOW,THEREFORE, BE IT ORDAINED BY THE ITY 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 September 10, 2018, and the recommendations ade by the Community Development
Department and the Planning and Zoning Commission, a •opy of which is attached hereto and
made a part hereof by reference as Exhibit A.
28
Section 2. That Section 2. G. of Ordinance No. G.-08, which regulates "Site Design"
in the PMFR Planned Multiple Family Residence District of the subject property, is hereby
amended to include the following additional conditions withi 1 this PMFR zoning district:
8. Substantial conformance to the Development A.plication submitted by Tall Oaks
Investment, LLC c/o Richard Guerard and D. R. Horton, Inc.-Midwest c/o Omar A.
Rodriguez Caballero or Danielle Dash, as applic:nts and property owners, received
May 15, 2018, and supporting documents includi g:
a. Undated First Amendment to Rider State ent of Purpose and Conformance
Amendment to Annexation Agreement and to existing Planned Development
Districts,received September 6, 2018;
b. Undated representative model sales signage .ackage, prepared by Parvin-Clauss
Sign Company, received September 6, 2018;
c. ALTA/NSPS Land Title Survey Tall Oaks nit 4 and Tract to the East, Elgin,
Illinois,prepared by Mackie Consultants, LL4, dated October 5, 2017, last revised
November 2, 2017;
d. Final Plat of Subdivision Tall Oaks Subdi ision Unit 5, prepared by Mackie
Consultants, LLC, dated April 20, 2018, last evised September 20, 2018;
e. Landscape Plan Tall Oaks — Unit 5 Elgin, II linois, prepared by Gary R. Weber
Associates, Inc., dated May 3, 2018, last revised September 4, 2018;
f. Public and Private Storm Sewer Exhibit Tall Oaks Unit 5 Elgin Illinois, prepared
by Mackie Consultants, LLC, dated July 3, 2118, last revised August 17, 2018;
g. Final Engineering Plans for Tall Oaks - Unit 5 City of Elgin, Illinois,prepared by
Mackie Consultants, LLC, dated April 20, 20 8, last revised October 11, 2018;
h. Dog Park Exhibit Elgin, Illinois prepared by I ary R. Weber Associates, Inc., dated
August 30, 2018 and the associated Dog Park Landscaping Detail dated August 30,
2018 prepared by Gary R. Weber Associates, Inc.;
i. Six page set of plans and elevations for multi.le family townhomes,dated October
24,2017,prepared by Premiere Architecture, Inc.,as submitted to and approved by
the City's Director of Community Develop ent, Marc Mylott, on November 9,
2017.
j. Offsite Water Main Exhibit Tall Oaks-Unit . Elgin, Illinois, prepared by Mackie
Consultants, LLC, dated October 11, 2018; a d
k. Plat of Easement East of proposed Tall Oa s Unit 5 Elgin, Illinois, prepared by
Mackie Consultants, LLC, dated October 10, 2018.
In the event of any conflict between such docum•nts and the terms of this ordinance or
other applicable city ordinances, the terms of t l is ordinance or other applicable city
ordinances shall supersede and control.
9. Compliance with all applicable codes and ordina ces.
29
Section 3. The provisions of this ordinance shall .pply to the portion of the subject
property legally described in and subject to the terms of the '.econd Amendment to Annexation
Agreement for the subject property.
Section 4. That this ordinance shall be in full for e and effect immediately after its
passage in the manner provided by law.
/4)/ y, *
David J. apt ,Ma .r
Presented: December 5, 2018
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
30
PROJECT NAME: Tall Oaks 2nd Amendment to AA Exhibit 6
Location(NW,SW,or Other)' SW EXHIBIT 6 (AMENDED EXHIBIT G, H, J)
Sewer Recapture(North Randall,Sleepy Hollow, Bowes Road CITY OF ELGIN 2018 IMPACT FEES
Tyler Creek,Bowes Road,Bowes Creek,N/A)
School Land School Capital Park Land Park Capital Water Sewer Recapture Roadway(SW) Library Public Safety
Project Per Unit Fee Per Unit Fee Per Unit Fee Per Unit Fee Per Unit Fee' Per Unit Fee Per Unit Fee' Per Unit Fee Per Unit Fee PROJECT
Numbers Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee SUBTOTALS
Detached Single-Family Residences
$355.24 $1,201.93 $1,370.61 $707.68 $1,300.00 $1,089.00 $2,897.82 $163.68 $0.00
2-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$1,301.24 $4,886.41 $1,969.95 $1,017.38 $1,300.00 $1,089.00 $2.897.82 $235.89 $0.00
3-bedroom units: 1 $1,301.24 $4,886.41 $1,969.95 $1,017.38 $1,300.00 _ $1,089.00 $2,897.82 $235.89 $0.00 $14,697.69
$2,155.59 $8,358.11 $2,557.74 $1,322.28 $1,300.00 $1,089.00 $2,897.82 $304.89 $0.00
4-bedroom units: 1 $2,155.59 $8,358.11 $2,557.74 $1,322.28 $1,300.00 $1,089.00 $2,897.82 $304.89 $0.00 $19,985.44
$1,641.83 $6,516.52 $2,561.82 $1,323.88 $1,300.00 $1,089.00 $2,897.82 $306.50 $0.00
5+bedroom units: 1 $1,641.83 $6,516.52 $2,561.82 $1,323.88 $1,300.00 $1,089.00 $2,897.82 $306.50 $0.00 $17,637.36
Attached Single-Family Residences
$0.00 $0.00 $810.68 $418.83 $1,300.00 $1,089.00 $2,897.82 $96.28 $0.00
1-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0.00 $0.00 $0.00
$313.24 $1,159.56 $1,352.26 $698.05 $1,300.00 $1,089.00 $2.897.82 $160.47 $0.00
2-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$606.60 $2,120.30 $1,625.43 $839.26 $1,300.00 $1,089.00 $2.897.82 $194.17 $0.00
3-bedroom units: 1 $606.60 $2,120.30 $1,625.43 $839.26 $1,300.00 $1,089.00 $2,897.82 $194.17 $0.00 $10,672.57
$1,165.61 $4.421.45 $2,137.11 $1.104.04 $1,300.00 $1,089.00 $2,897.82 $255.15 $0.00
4-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Apartments
$0.00 $0.00 $879.31 $454.13z $1,089.00 $2,897.82 $104.31 $0.00
Efficiency units: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 $0.00 $0.00 $0.00 $0.00
$7.19 $21.01 $7,194.61 $617.81 z $1.089.00 $2,897.82 $142.82 $0.00
1-bedroom units: 0 $0.00 $0.00 $0.00_ $0.00 TBD $0.00 $0.00 _ $0.00 $0.00 $0.00
$312.74 $1,182.99 $1,300.61 $670.772 $1,089.00 $2.897.82 $15566 $0.00
2-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 $0.00 $0.00 $0.00 $0.00
$855.57 $3,215.80 $2,074.59 $1,071.94 $1,089.00 $2,897.82 $247.12 $0.00
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 TBS $0.00 $0.00 $0.00 $0.00 $0.00
Non-Residential
$0.00 $0.00 $0.00 $0.00 $400.00 $3,427.53 $0.00 $0.00
Commercial square footage: 0 $0.00 $0.00 $0.00 $0.00 TBS $0.00_ $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $250.00 $3,427.53 $0.00 $0.00
Industrial square footage: 0 $0.00 $0.00 $0.00 $0.00 TBD2 $0.00 $0.00 $0.00_ $0.00 $0.00
PROJECT SUBTOTALS: Il $5,705.26 I $21,881.34 I $8,714.93 I $4,502.81 I $5,200.00( $4,356.00 I $11,591.28 $1,041.45 $0.00 $62,993.07
Note 1: "SW"is south of Highland and west of or immediately east of Randall Road;"NW"is north of Highland and west of or immediately east of Randall Road.
Note 2: Water fees are based upon the water service size. This table assumes one 1-inch service per attached or detached SFR. The fee for a 1 inch or smaller service is$1,300. Fees for larger services are listed below:
1.25"service: $2,030 1.5"service: $2,910 2"service: $5,160 4"service: $20,680 Service>4": $25,000
Note 3: For the SW area,the roadway improvement contribution is$2,898 per residential unit,$3,428 per 1,000 s.f.of commercial,and$3,428 per 1,000 s.f.of industrial. For other areas,the contribution is dependent upon arterial road frontage.
The maximum roadway contribution for a non-residential building is$77,898.
Note 4: All impact fees re-calculated annually.
Note 5: This Exhibit 6 does not include any recapture ordinances applicable to the property,including but not limited to Ordinances T23-05 and T26-05.
Note 6: Park Land and Park Capital Project Fees for attached single-family residences within Unit 5 may be reduced to$0 subject to the provisions of the 2nd amendment to the annexation agreement regarding the dog park proposed for Unit 5.