G91-06 (2) Ordinance No. G91-06
AN ORDINANCE
AMENDING ORDINANCE NO. G40-05
CLASSIFYING CERTAIN TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Edgewater Subdivision 2700 Bowes Road)
WHEREAS, Ordinance G40-05 was adopted by the City Council on March 9, 2005, and
provided for the classification of newly annexed territory in the PSFR2 Planned Single Family
Residence District for the Edgewater Subdivision at 2700 Bowes Road; and
WHEREAS, Ordinance G40-05 included under Section 2G10 certain provisions
regarding age restrictions as part of the Pulte Active Adult Community Resort; and
WHEREAS, the City and Pulte Home Corporation have entered into certain agreements
including an amendment to the annexation agreement for the Pulte Active Adult Resort
Community including proposed amendments to the age restrictions; and
WHEREAS, the City Council finds it is necessary and desirable to amend the age
restrictions for the subject property set forth in Section 2G10 of Ordinance G40-05; and
WHEREAS, written application has been made to
pp provide for such amendment to
Ordinance G40-05; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission has conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 2G10 of Ordinance G40-05 relating to certain age restrictions
for the Pulte Active Adult Resort Community Edgewater Subdivision be and is hereby amended
to read as follows:
"10. The Subject Property is intended to provide housing primarily for persons
fifty-five (55) years of age or older. The Subject Property shall be operated as an
age restricted community in compliance with all applicable state and federal laws.
No person under nineteen (19) years of age shall stay overnight in any Dwelling
Unit for more than ninety (90) days in a consecutive twelve (12) month period.
Each Dwelling Unit, if occupied, shall be occupied by at least one individual
'"` fifty-five (55) years of age or older; provided, however, that once a Dwelling Unit
is occupied by an age qualified occupant, other qualified residents of that
Dwelling Unit may continue to occupy the Dwelling Unit, regardless of the
termination of the age qualified occupant's occupancy provided that the
provisions of the United State Fair Housing Act, as amended, the Illinois Fair
Housing Act, as amended, and the Declaration of Covenants, Conditions and
Restrictions to the Subject Property, as amended, are not violated by such
occupancy. Notwithstanding the above, at all times, at least eighty percent (80%)
of the Dwelling Units within the property shall be occupied by at least one
individual fifty-five (55) years of age or older. Notwithstanding the foregoing
restrictions, the initial developer of the property, Pulte Home Corporation has
reserved the right and may, to the extent permitted by law, sell Dwelling Units to
persons between the ages of fifty (50) and fifty-five (55) years of age; provided,
such sales shall not effect the Subject Property's compliance with all applicable
state and federal laws under which the Subject Properties may be developed and
operated as an age restricted community."
Section 2. That this ordinance shall be in full force and effect immediately after
its passage in the manner provided by law.
d Schock, Mayor
Presented: November 29, 2006
Passed: November 29, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 30, 2006
Published:
Attest:
Dolonna Mecum, City Clerk