G41-16 Ordinance No. G41-16
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL
DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT
(+/- 58 Acres near the Northwest Corner of Big Timber Road and Randall Road)
WHEREAS, written application has been made to reclassify certain property located near
the northwest corner of Big Timber Road and Randall Road, which property is legally described
herein (the "Subject Property"), from ORI Office Research Industrial District to PORI Planned
Office Research Industrial District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on August
1, 2016 following due notice by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their findings of fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and preform any function pertaining to its government and affairs; and
WHEREAS, zoning, including but not limited to, this ordinance approving a planned
development and granting the departures below from the Elgin Zoning Ordinance, 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 August 1, 2016, made by the Community Development Department and the Planning &
Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as
Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the `Zoning District Map', as amended, be and are
hereby altered by including in the PORI Planned Office Research Industrial District, the
following described property:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH,
AND THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION
4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF THE SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88
DEGREES 47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE;
THENCE SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST,A DISTANCE OF
463.27 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02
DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 472.03 FEET TO A
NORTH LINE OF DOCUMENT NO. 1261098 AS MONUMENTED;THENCE NORTH
88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED
LINE, A DISTANCE OF 8.18 FEET TO AN EXISTING IRON STAKE; THENCE
SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST,ALONG A WEST LINE OF
SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE SOUTHERLY
EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS
SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE
EAST LINE OF SAID SOUTHEAST 1/4 THAT IS 1782.69 FEET, AS MEASURED
ALONG SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST
CORNER OF THE SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 51 MINUTES
39 SECTION EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE
SAID POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 THAT IS 1782.69 FEET
SOUTHERLY OF THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4;THENCE
SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST,ALONG SAID EAST LINE,
A DISTANCE OF 870.78 FEET TO THE SOUTHEAST CORNER OF SAID
SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34
SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, ALSO
BEING THE NORTH LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00
FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO THE COUNTY
OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT
1450702;THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST,ALONG
THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A
DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO
BEING A POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704;
THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST; ALONG SAID
NORTH LINE, A DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF
SAID AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO,
TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27 MINUTES 17 SECONDS
WEST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK
AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704 AND THE
SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO
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THE SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE
NORTH 56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID
SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY
LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22951.30
FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC
DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE
AFORESAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 01 DEGREES 44
MINUTES 17 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF
1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 88 DEGREES 41
MINUTES 39 SECONDS WEST,ALONG THE SOUTH LINE OF SAID NORTHWEST
1/4 OF SOUTHEAST 1/4 OF SECTION 31, A DISTANCE OF 395.00 FEET; THENCE
NORTH 03 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70
FEET TO A LINE THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS
WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 18
MINUTES 23 SECONDS EAST,ALONG SAID LINE,A DISTANCE OF 1128.31 FEET
TO THE POINT OF BEGINNING,(EXCEPT PART LYING SOUTH OF CENTER LINE
OF BIG TIMBER ROAD; ALSO EXCEPTING THEREFROM THAT PART
CONVEYED TO THE PEOPLE OF KANE COUNTY DESCRIBED AS BEGINNING
AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE ON AN ASSUMED BEARING OF NORTH 0 DEGREES 15 MINUTES 40
SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
870.78 FEET; THENCE SOUTH 87 DEGREES 25 MINUTES 55 SECONDS WEST
59.94 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 13 SECONDS WEST
PARALLEL WITH THE CENTER LINE OF RANDALL ROAD 868.12 FEET TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 9 DEGREES 58
MINUTES 18 SECONDS EAST ALONG SAID SOUTH LINE 59.78 FEET TO THE
POINT OF BEGINNING),IN DUNDEE TOWNSHIP AND ELGIN TOWNSHIP,KANE
COUNTY, ILLINOIS.
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from ORI
Office Research Industrial District to PORI Planned Office Research Industrial District for the
Subject Property, which is legally described above, and which shall be designed, developed, and
operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial
District is to provide an industrial environment that fosters a sense of place and
destination within a coordinated campus or park setting through the applicable site
design regulations, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, as amended. A PORI zoning district
is most similar to, but departs from the standard requirements of the ORI zoning
district.
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B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol"[SR]",shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin
Municipal Code,as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation. For the purpose of
this planned development,the following words and phrases shall have the following
meaning:
a. "Northern Developable Area" shall refer to that area labeled "Northern
Developable Area" on the July 25, 2016 Conceptual Site Plan, Scheme 05,
prepared by Ware Malcomb, a copy of such Conceptual Site Plan is attached
hereto and made a part hereof by reference as Exhibit B (the "Conceptual Site
Plan");
b. "Southern Developable Area" shall refer to that area labeled "Southern
Developable Area" on the Conceptual Site Plan;
c. "Conservation Area A", containing 456,534 square feet or 10.481 acres more
or less,shall refer to that area labeled"Conservation Area A"on the Conceptual
Site Plan; and
d. "Conservation Area B", containing 23,086 square feet or .530 acres more or
less, shall refer to that area labeled "Conservation Area B" on the Conceptual
Site Plan.
C. General Provisions. In this PORI District, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions,
of the Elgin Municipal Code, as may be amended from time to time.
D. Zoning Districts - Generally. In this PORI Planned Office Research Industrial
District, the use and development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, as
amended.
E. Location and Size of District. The PORI Planned Office Research Industrial
District should be located in substantial conformance to the official comprehensive
plan. The amount of land necessary to constitute a separate PORI District exclusive
of rights of way, but including adjoining land or land directly opposite a right of
way shall not be less than two acres. No departure from the required minimum size
of a planned district shall be granted by the City Council.
F. Land Use, Northern Developable Area Only. In this PORI Planned Office
Research Industrial District and within the "Northern Developable Area," 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 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 PORI Planned Office Research
Industrial District and within the"Northern Developable Area":
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1. Permitted Uses.Those land uses enumerated as permitted uses within the ORI
Office Research Industrial District, Section 19.40.130 A., Land Use, ORI
Office Research Industrial District of the Elgin Municipal Code, as it may be
amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
ORI Office Research Industrial District, Section 19.40.130 B., Land Use, ORI
Office Research Industrial District of the Elgin Municipal Code, as it may be
amended from time to time.
3. Similar Uses. Those land uses enumerated as similar uses within the ORI
Office Research Industrial District,Section 19.40.130 C.,Land Use,ORI Office
Research Industrial District of the Elgin Municipal Code,as it may be amended
from time to time. Such similar uses shall be subject to classification as a
permitted use or as a conditional use in this PORI Planned Office Research
Industrial District or in a less restrictive zoning district, pursuant to Subsection
19.10.400 H, Classification of Land Uses, of the Elgin Municipal Code, 1976,
as amended.
G. Land Use, Southern Developable Area Only. In this PORI Planned Office
Research Industrial District and within the "Southern Developable Area," 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 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 PORI Planned Office Research
Industrial District and within the "Southern Developable Area," except for those
land uses which are prohibited within an arterial road corridor overlay district as
provided for within Section 19.15.520,Land Uses,of the Elgin Municipal Code,as
amended:
1. Permitted Uses. Those land uses enumerated as permitted uses within the ORI
Office Research Industrial District, Section 19.40.130 A., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be the only land uses allowed
as a permitted use in this PORI Planned Office Research Industrial District:
a. Services division:
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
Coin operated laundries and dry cleaning (7215).
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Garment pressing, and agents for laundries and dry cleaners (7212).
Laundry collecting and distributing outlets(7211).
Miscellaneous equipment rental and leasing(735).
Miscellaneous personal services not elsewhere classified(7299).
Photographic studios,portrait(722).
Radio and television repair shops(7622).
Shoe repair shops and shoeshine parlors (725).
Videotape rental (784).
b.Retail trade division:
Apparel and accessory stores(56).
Auto supply stores (5531) limited to the sale of auto parts and prohibiting the
installation of auto parts or repair of motor vehicles on the zoning lot.
Building materials,hardware and garden supply (52).
Carryout restaurants (5812).
Convenience food stores, operated on a twenty four(24)hour basis (5411).
Drinking places(alcoholic beverages) (5813).
Drugstores and proprietary stores(591).
Eating places (5812).
Florists (5992).
Food stores(54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
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Motor vehicle dealers(5511, 5551, 5561, 5571).
News dealers (5994).
Optical goods stores(5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
c. Agricultural division:
Dog grooming(0752).
Greenhouses for floral products, exclusively "accessory" [SR] to a use
allowed in the zoning district(0181).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
d. Construction division:
Permanent contractor's office with associated shop/production area and
material and equipment storage,provided that all such activities take place
within an enclosed building; no outdoor storage is permitted.
e.Manufacturing division:
Commercial printing occupying less than five thousand(5,000) square feet of
gross floor area(2752).
f. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL)to the above-listed permitted uses,
subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL)to the above-listed permitted uses, 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.
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to an above-
listed permitted use, subject to the provisions of chapter 19.47 of this title.
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"Outdoor display areas" [SR] (UNCL).
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to an above-listed
permitted use, subject to the provisions of chapter 19.45 of this title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to an above-
listed permitted use, subject to the provisions of chapter 19.45 of this title.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
ORI Office Research Industrial District, Section 19.40.130 B.,Land Use,of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be the only land uses allowed
as a conditional use in this PORI Planned Office Research Industrial District:
a. Services division:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Bowling centers (7933).
"Car washes" [SR] (7542).
Dance studios and schools (791).
Drive-in motion picture theaters (7833).
Funeral service (726).
Membership organizations(86).
Membership sports and recreation clubs (7997).
Motion picture theaters (7832).
"Motor vehicle repair shops" [SR] (753), but only as part of a Motor vehicle
dealer(5511).
Other schools and educational services(829).
Physical fitness facilities (7991).
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b. Retail trade division:
Drive-in restaurants (5812).
Firearms sales(5941).
"Motor vehicle service stations" [SR] (554).
"Package liquor sales establishments" [SR] (5921).
c.Agricultural division:
"Kennels" [SR] (0752).
d. Wholesale trade division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
e. Transportation, communication, and utilities division:
Courier services (4215).
f.Miscellaneous uses division:
"Accessory structures" [SR] (UNCL)to the above-listed conditional uses,
subject to the provisions of section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL)to the above-listed conditional uses, subject to
the provisions of section 19.10.400 of this title.
3. Similar Uses. Those land uses enumerated as similar uses within the ORI
Office Research Industrial District, Section 19.40.130 C., Land Use, of the
Elgin Municipal Code, as it may be amended from time to time, as well as the
following additional enumerated land uses, shall be subject to classification as
a permitted use or a conditional use in this PORI Planned Office Research
Industrial District or in a less restrictive zoning district, pursuant to Subsection
19.10.400 H., Classification of Land Uses, of the Elgin Municipal Code, as
amended:
Wholesale trade division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
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H. Land Use, Conservation Area A and Conservation Area B Only. In this PORI
Planned Office Research Industrial District and within Conservation Area A and
Conservation Area B, the only land uses allowed as a "Permitted Use" [SR], as a
"Conditional Use" [SR] or as a similar use shall be for open space and conservation
and preservation of the existing trees, vegetation and other natural conditions on
such properties. The owner of the Subject Property shall record a conservation
easement in the form as provided in Exhibit C attached hereto and made a part
hereof by reference over those areas labeled "Conservation Area A" and
"Conservation Area B" on the "Conceptual Site Plan" within one hundred and
eighty (180) days of the adoption of this ordinance and prior to any work on the
Subject Property. The owner of Conservation Area A and Conservation Area B
shall at all times comply with the terms of the Conservation Easement and maintain
such conservation areas as required by and provided for in this ordinance and the
Conservation Easement.
Site Design, Northern Developable Area Only. In this PORI Planned Office
Research Industrial District and within the area labeled "Northern Developable
Area," the use and development of land and structures shall be subject to the
provisions of Section 19.12, Site Design,of the Elgin Municipal Code,as amended,
and the site design regulations shall be subject to the provisions of Section
19.40.135 Site Design, ORI Office Research Industrial District, of the Elgin
Municipal Code, as amended.
J. Site Design, Southern Developable Area Only, More Than 500 Feet from
Randall Road. In this PORI Planned Office Research Industrial District, within
the "Southern Developable Area," and when located more than 500 feet from the
Randall Road lot line, the use and development of land and structures shall be
subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal
Code,as amended,and the site design regulations shall be subject to the provisions
of Section 19.40.135 Site Design, ORI Office Research Industrial District, of the
Elgin Municipal Code, as amended, except:
a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks"
[SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning
lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot
Line, Site Design, ORI Office Research Industrial District, of the Elgin
Municipal Code, as amended, except along the southern boundary of
"Conservation Area A" where the "building" [SR] "setback" [SR] and the
"vehicle use area setbacks" [SR] is fifteen(15) feet.
K. Site Design, Southern Developable Area Only, Within 500 Feet of Randall
Road, AB Use. In this PORI Planned Office Research Industrial District, within
the area labeled"Southern Developable Area,"when located within 500 feet of the
Randall Road lot line, and when the "principal use" [SR] is found upon the
permitted or conditional use list of Section 19.35.430,Land Use,AB Area Business
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District, the use and development of land and structures shall be subject to the
provisions of Section 19.12,Site Design,of the Elgin Municipal Code,as amended,
and the site design regulations shall be subject to the provisions of Section
19.40.435, Site Design, AB Area Business District, of the Elgin Municipal Code,
as amended, except:
a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks"
[SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning
lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot
Line, Site Design, ORI Office Research Industrial District, of the Elgin
Municipal Code, as amended, except along the southern boundary of
"Conservation Area B" where the "building" [SR] "setback" [SR] and the
"vehicle use area setbacks" [SR] is zero (0) feet.
L. Site Design, Southern Developable Area Only, Within 500 Feet of Randall
Road, 0111 Use. In this PORI Planned Office Research Industrial District, within
the area labeled"Southern Developable Area,"when located within 500 feet of the
Randall Road lot line, and when the "principal use" [SR] is found upon the
permitted or conditional use list of Section 19.40.130, Land Use, ORI Office
Research Industrial District, the use and development of land and structures shall
be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal
Code,as amended,and the site design regulations shall be subject to the provisions
of Section 19.40.135, Site Design, ORI Office Research Industrial District, of the
Elgin Municipal Code, as amended, except:
a. Setbacks By Lot Line: The minimum required "building" [SR] "setbacks"
[SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning
lot shall be subject to the provisions of Section 19.40.135 E., Setbacks By Lot
Line, Site Design, ORI Office Research Industrial District, of the Elgin
Municipal Code, as amended, except along the southern boundary of
"Conservation Area B" where the "building" [SR] "setback" [SR] and the
"vehicle use area setbacks" [SR] is fifteen(15) feet.
M. Additional Site Design Requirements, All Developable Areas: In this PORI
Planned Office Research Industrial District, within either area labeled "Northern
Developable Area" or "Southern Developable Area," the use and development of
land and structures shall be subject to and/or conform with the following:
a. Site Plan and Architectural Review and Design Required.Within this PORI
Planned Office Research Industrial District, compliance with Chapter 19.14,
Architectural Review and Design,of the Elgin Municipal Code, as amended, is
required.
b. No Loading Docks, Berths, or Doors Along Randall Road. No "loading
facility" [SR] shall be located between a"building" [SR] and a"street lot line"
[SR] along Randall Road. Similarly, doors appurtenant to a "loading facility"
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[SR] or other like building features shall not be located along a façade of a
"building" [SR] facing a"street lot line" [SR] created by Randall Road.
c. Separation of Purely AB Uses, Southern Developable Area. No permitted,
conditional, or similar additional enumerated land use, as listed within
Subsection G. 1., 2., or 3. of this Section 3, shall be located within the same
building as either a permitted, conditional, or similar land use listed within the
ORI Office Research Industrial District, Section 19.40.130 A., B., and C.
respectively, Land Use, ORI Office Research Industrial District, of the Elgin
Municipal Code, as it may be amended from time to time.
d. Dedication and Construction of Holmes Road. The applicant shall dedicate
to the City of Elgin at no cost the land required for the future extension of
Holmes Road as depicted upon the Conceptual Site Plan. The application shall
submit a plat of dedication for the future extension of Holmes Road with the
first application for development upon the Subject Property. No additional
consideration by the Planning&Zoning Commission is required regarding said
plat. The applicant shall at its cost construct Holmes Road to city specifications
upon the earlier of either(a)when the adjacent property to the west is developed
with the roadway extension by others to Big Timber Road, or (b) when
applicant's final developable parcel of vacant land or final subdivided
developable lot on the Subject Property is developed or sold. If Kane County
Department of Transportation grants direct access to Big Timber Road from the
Subject Property in the future, it does not eliminate this condition that Holmes
Road be constructed.
e. Tree Preservation in the Northern Developable Area and Southern
Developable Area. In consideration of the tree preservation in Conservation
Area A and Conservation Area B, the Northern Developable Area and the
Southern Developable Area shall be exempt from the provisions of Chapter
19.16 of the Elgin Municipal Code, entitled "Tree Preservation".
f. Sidewalk.At the time that a parcel with frontage along Randall Road develops,
the associated plans shall include and require the installation of a sidewalk
along Randall Road matching the design and profile of the existing sidewalk at
the Subaru dealership.
g. Development Administrator Discretion. Within the "Southern Developable
Area,"this planned development permits more traditional retail and commercial
uses within 500 feet of Randall Road, and the design of such uses can take
advantage of AB Area Business District site design regulations which are
typically less than ORI Office Research Industrial District site design
regulations. Where a development plan may span said 500-foot demarcation,
the Development Administrator has the authority to determine whether AB or
ORI site design regulations will be applied to the development,depending upon
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whether the character of the development is more retail/commercial or more
office, research, industrial, respectively.
h. Development Application.The development of land and structures shall be in
substantial conformance with the Development Application and supporting
documents submitted by John Regan on behalf of David Huang, date stamped
received on June 17, 2016, including those pages titled, "Statement of Purpose
and Intent," "Compliance with Development Standards," "Addendum — Land
Use Requested," and the Conceptual Site Plan, Scheme 05, prepared by Ware
Malcomb for Lee&Associates,dated July 25,2016. In the event of any conflict
between such Development Application and such supporting 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.
i. Compliance with all other applicable codes and ordinances.
N. Tree Preservation on Conservation Area A and Conservation Area B. The
trees, vegetation and other natural features on Conservation Area A and
Conservation Area B as labeled Conceptual Site Plan shall be preserved and
maintained. The maintenance and use of Conservation Area A and Conservation
Area B shall be in accordance with the terms of this ordinance and in accordance
with the Conservation Easement to be recorded over such conservation areas in the
form as provided in Exhibit C attached hereto. Conservation Area B, containing
approximately 23,086 square feet or .530 acres more or less, is located along the
common boundary with the property currently developed with a Subaru dealership
and is located to provide a buffer between future development and the more
environmentally sensitive area of the dealership property. Within Conservation
Area B field observations found at least two large oaks. The owner/developer may
enter this area and, using best forestry practices and under the guidance and
direction of a certified arborist, remove invasive species, and otherwise thin out
underbrush. No species of trees from Group A or B as described within the city's
Tree Preservation Ordinance in Chapter 19.16 of the Elgin Municipal Code shall
be removed unless for acceptable circumstances, i.e., the tree is dead or diseased.
The owner of the subject property shall make his/her best effort to preserve the
significant hickory,standing alone approximately 150 feet from the edge of Randall
Road and outside of Conservation Area B. The area east of the Conservation Area
B may be maintained as lawn and/or developed. The owner/developer shall make
his/her best effort to incorporate such hickory into the proposed site plan for that
developable area. The above described approach is found to be an appropriate
response to the spirit and intent of the City's Tree Preservation Ordinance. In
addition, prior to any construction or development work on either the Northern
Developable Area or the Southern Developable Area, tree protection measures in
the form of a perimeter tree protection barrier around Conservation Area A and
Conservation Area B shall be installed to prevent any construction activity on the
Northern Developable Area or the Southern Developable Area from damaging any
trees within Conservation Area A or Conservation Area B.
- 13 -
O. Off Street Parking. In this PORI Planned Office Research Industrial District, off
street parking shall be subject to the provisions of Chapter 19.45, Off Street
Parking,of the Elgin Municipal Code,as may be amended from time to time,except
that the number of off-street parking spaces for manufacturing, warehousing and
storage land uses shall be provided at the rate of 1 stall per 1.5 employees based on
the peak demand shift or 1 stall per 1,500 square feet of floor area, whichever is
greater. Where parking is provided at the 1 stall per 1,500 square foot of floor area
rate, the application for building permit must include a site plan which shows that
additional parking could be installed within a conforming location(s) on the site at
a rate of 1 stall per 1,000 square feet of floor area, and stormwater facilities shall
be designed and built as if these"banked"parking spaces were installed.
P. Off Street Loading. In this PORI Planned Office Research Industrial District, off
street loading shall be subject to the provisions of Chapter 19.47, Off Street
Loading, of the Elgin Municipal Code, as amended.
Q. Signs. In this PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50, Street Graphics,of the Elgin Municipal Code, as
amended.
R. Planned Developments. In this PORI Planned Office Research Industrial District,
the use and development of the land and structures shall be subject to the provisions
of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as
amended.
S. Conditional Uses. In this PORI Planned Office Research Industrial District,
application for conditional uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses,of the Elgin Municipal Code,as amended.A conditional use may
be requested by an individual property owner for a zoning lot without requiring an
amendment to this PORI zoning district and without necessitating that all other
property owners authorize such an application.
T. Variations. In this PORI Planned Office Research Industrial District, application
for variation shall be subject to the provisions of Chapter 19.70, Variations, of the
Elgin Municipal Code, as amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PORI
zoning district and without necessitating that all other property owners authorize
such an application.
U. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code,
as amended.
- 14 -
V. Penalty for Violation. The penalty for the violation of any of the provisions of
this ordinance shall be as provided in Section 1.20.020 of the Elgin Municipal
Code, 1976,as amended. The levy and/or payment of any penalty or fine shall not
be deemed to waiver of the power of the city to suspend,revoke or refuse to renew
a license or permit or to seek injunctive relief to enjoin violations of this ordinance
or other applicable provisions of law.
Section 4. In the event of any conflict between this ordinance and the allowances and
departures described or depicted therein, and the provisions of the Elgin Zoning Ordinance, this
ordinance and associated documents shall control and prevail. In the event of any conflict between
this ordinance and the associated documents referenced herein, this ordinance shall control and
prevail.
Section 5. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
.(4,e; .r.litcs,' -.. ii/iii-A'
David J. Kavn, 'yor
Presented: September 14, 2016
Passed September 14, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: September 14, 2016 . +4 '
Published: September 15, 2016 _iv.;"=Liqic it,,o,
Attest: ....'.4-. '
h,
im erly Dewis, Ci lerk }:I tt 1t'ti` ,
- 15 -
August 1, 2016
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 22-16, an application by
David Huang, contract purchaser, requesting approval of an application to rezone approximately
58 acres near the northwest corner of Randall Road and Big Timber Road from ORI Office
Research Industrial to PORI Planned Office Research Industrial.
The proposed planned development establishes a conceptual land plan for the commercial and
industrial development of the 58 acres. The plan includes two large developable areas of
approximately 18'/2 acres on the north reserved for office, research, and industrial development
and about 20 acres on the south that has the flexibility to be either office, research, and industrial
development and/or retail/commercial development. This southern 20 acres proposes the same
hybrid zoning scheme—a blending of ORI and AB zoning district standard—as that recommended
by the Planning & Zoning Commission for the 20-acre Busse property at the southeast corner of
Galvin Drive and Route 72/Higgins Road. Approximately seven acres will be necessary for
detention and another approximately two acres will accommodate the extension of Capital Place
to the south and Holmes Road to the west. Finally,approximately 11 of the approximately 40 acres
of woodlands will be preserved.
No specific building or site plan is proposed at this time. The planned development requires full
compliance with city architectural and landscaping requirements at the time of building permit
rather than requiring development plan review of the individual buildings by the Planning &
Zoning Commission and City Council.
GENERAL INFORMATION
Petition Number: 22-16
Requested Action: Planned Development as a Map Amendment
Current Zoning: ORI Office Research Industrial District
Proposed Zoning: PORI Planned Office Research Industrial District
Exhibit A
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
Existing Use: Vacant
Property Location: +/- 58 acres near the NW corner of Big Timber Road and Randall Road
Applicant: David Huang
Owner: Advocate Sherman Hospital
Staff Coordinator: Marc Mylott, AICP, Director of Community Development
LIST OF EXHIBITS
A. Aerial Photo/Location Map
B. Zoning Map
C. Parcel Map
D. Site Photos
BACKGROUND
David Huang, contract purchaser,requests approval of an application to rezone approximately 58
acres near the northwest corner of Randall Road and Big Timber Road from ORI Office Research
Industrial to PORI Planned Office Research Industrial (hereinafter referred to as the Subject
Property). The purpose of this planned development is to establish the zoning for the Subject
Property only. Subsequent development, in so long as it conforms to the conceptual land plan,use
list, and site design regulations of this planned development, and in so long as it conforms to the
existing architectural, landscaping, and stormwater requirements of the municipal code, could
advance to an application for building permit rather than requiring prior individual development
plan review by the Planning & Zoning Commission and City Council. To be sure, this planned
development does not waive the city's established subdivision process,which requires review and
approval by City Council following a recommendation by the Planning& Zoning Commission.
The Subject Property is heavily wooded, and the concept plan proposes dividing it into two large
developable areas--approximately 181/2 acres on the north and 20 acres on the south. The land use
and site design regulations proposed within the Northern Developable Area follow the use
classification scheme of the existing ORI district. Within the Southern Developable Area, which
has high visibility from Randall Road, the land uses could be either ORI too or retail and
commercial uses as permitted within the AB Area Business District. This hybrid zoning approach
— a blending of the ORI and AB districts to best respond to the market — is the same as that
recommended by the Planning & Zoning Commission for the 20-acre Busse property at the
southeast corner of Galvin Drive and Route 72/Higgins Road. Uses that are purely ORI and purely
AB must be located within separate buildings.
- 2 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
The site design regulations for the Northern Developable Area will follow the ORI district
standards.Within the Southern Developable Area,the site design regulations will depend upon the
intended use and its proximity to Randall Road. If the use is an AB use, and it is located within
500 feet of Randall Road (mirroring the approximate depth of the Subaru dealership), the site
design regulations may follow the AB district standards. If the use is an AB use beyond 500 feet
of Randall Road, or if the use is an ORI use anywhere on the property, the site design regulations
shall follow the ORI district standards. Also, considering the separation that the two conservation
areas provide,the applicant has requested a departure to the setbacks along the south sides of those
conservation areas. Staff agrees with the logic of the request and is comfortable reducing the
setback along Conservation Area A to 15 feet for a building or parking area (down from 30 feet
for a building and 35 feet for a parking area). If the use along Conservation Area B is an ORI use,
the building or parking area setback would also be 15 feet. However,if the use along Conservation
Area B is an AB use, the building or parking area setback may be reduced to zero (down from 8
feet for a building and 6 feet for a parking area).
No loading docks, berths, or doors or other like facilities will be allowed to front Randall Road,
and the proposed parking ratio for potential industrial uses within the entire planned development
is consistent with a lesser amount than that required by code— 1 stall per 1,500 square feet rather
than 1 stall per 1,000 square feet—which has become a fairly standard departure. That being said,
a developer can only take advantage of this reduction if he/she shows that the additional parking
is "banked" and that the stormwater facilities are designed, built, and installed to handle the
additional impervious surface.
Approximately seven acres is set aside for detention and another approximately two acres will be
necessary for the extension of Capital Place to the south and Holmes Road to the west. The exact
amount of land necessary for detention is uncertain at this time as that depends entirely upon the
specificity of the proposed development. The Capital Place extension is proposed by the applicant
to secure additional access to the Southern Developable Area. The Holmes Road extension is a
city requirement. Ultimately, as the next parcel to the west develops, Holmes Road would connect
back to Big Timber Road at Gateway Drive. Gateway Drive provides access to the Elgin Corporate
Center,and this future intersection could be the next logical place for a stop light along Big Timber
Road before Tyrrell Road to the west (the other option for an intervening stop light would be at
Madeline Lane). The Holmes Road extension would be constructed when the earlier of(a) the
adjacent property to the west is developed with the roadway extension to Big Timber Road or(b)
when final developable parcel on the Subject Property is developed or sold.
Finally,approximately 11 of the approximately 40 acres of woodlands on the Subject Property will
be preserved. This 11 acres—which will be protected by conservation easements—is also divided
into two areas. First, Conservation Area A --the larger of the two areas at approximately 10 acres
— preserves a entire stand of large, high-quality trees as an intact ecosystem. From an
environmental perspective, this approach is immensely more valuable that preserving individual
- 3 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
trees on an ad hoc basis, especially when such individual preservation measures attempt to save
trees that have grown up as part of a woodland.
Staff walked the entire site with a certified arborist and agree that this area, more than any other
on the property,has the largest concentration of large,high-quality trees.A two-acre sample within
this proposed preservation area found 16 oaks with diameters greater than 30 inches -- four of
which were more than 40 inches DBH (Diameter at Breast Height), one was 54 inches DBH, and
one was 62 inches DBH. By comparison,the grand White Oak preserved by Subaru is 48 inches.
The Subaru tree was a stand-alone tree, and its structure and canopy are remarkable, having not
been compromised by other proximate trees in a wooded setting. Except for two stands of oaks
visible from Randall Road, the area delineated as the Southern Developable Area mostly consists
of scrub trees—primarily buckthorn-- and an inordinate amount of apple trees,most likely a long-
forgotten orchard. Other oaks found deeper within this area were generally of poor health and
condition. Conservation Area A also contains a Kane County ADID (Advanced Identification)
Wetland. Although it is not further described as high habitat value or being of high functional
value, it is certainly a critical component of this ecosystem and will be similarly preserved.
The second and smaller Conservation Area B, containing about '/ acre, is located along the
common boundary with the Subaru dealership to provide a buffer between future development and
the more environmentally sensitive area of the dealership. While trees within Area B were not
surveyed and measured specifically, field observations found at least two large oaks in this area.
The developer may enter this area and, using best forestry practices and under the guidance and
direction of a certified arborist, remove invasive species, and otherwise thin out underbrush. No
species of trees from group A or B as described within the tree preservation ordinance will be
removed unless for exceptional circumstances, i.e. the tree is dead or diseased. The significant
Hickory, standing alone approximately 150 feet from the edge of Randall Road and outside of
Conservation Area B, will be preserved too, however that area as far back as the Subaru parking
lot may be maintained as lawn and/or developed. The developer will make his/her best effort to
incorporate the Hickory into the proposed site plan for that area; in the event that that cannot
happen, the applicant has offered to move the tree elsewhere on site under the guidance and
direction of a certified arborist.
Staff and the Planning & Zoning Commission believe that the above-described approach is an
appropriate response to the spirit and intent of the city tree preservation ordinance. The tree
preservation ordinance requires that all buildings and other structures to be located upon a lot or
parcel of land minimize tree damage and/or removal and that the building activity area shall be the
smallest practical area of a lot or parcel of land(§ 19.16.060 B). With more than two thirds of the
site in woodland, any building is going to impact trees in some way, shape,or form, especially the
massive rectangular manufacturing and transportation/warehouse facilities currently permitted by
the underlying ORI zoning. Certainly, it would not be impossible to develop individual site plans
on a case-by-case basis that would save individual or small stands of some trees. However, this
approach would most likely not protect the highest quality and/or largest trees, would certainly
-4 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
involve extraordinary engineering and site work, and most likely not yield the size and scale of
buildings that tenants desire.
In addition, strict adherence to the tree preservation ordinance would require replacing the trees
removed.The ordinance prescribes a formula for determining the amount of replacement trees that
must be replanted, and if a property cannot physically accommodate those replacement trees, the
developer must pay a fee in lieu. Using the sample information provided by the developer's
arborist, if the applicant were to develop the approximately 40 acres of wooded area,
approximately 1,400 three-inch caliper or approximately 2,100 two-inch caliper replacement trees
would have to be planted,and their survival would have to be guaranteed for one year. Developing
approximately 30 acres of woodland,the number of replacement trees required would range from
approximately 1,000 three-inch trees to approximately 1,500 two-inch trees. However, the same
sample information suggests that the+/- 10-acre Conservation Area A contains approximately 625
trees, each already greater than eight inches DBH. In this case, with no specific
project/development in hand, the developer requires certainty regarding the tree preservation
ordinance before being able to commit to purchasing the property from Advocate Sherman, and
the proposal — to preserve approximately ten acres of high-quality woodland and wetland as an
intact ecosystem and to preserve several specimen trees alongside Subaru — is an excellent
compromise.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 22-16 on August 1, 2016. Testimony was presented at the
public hearing in support of the application. The Community Development Department submitted
a Map Amendment Review and Written Findings & Recommendation to the Planning & Zoning
Commission dated August 1, 2016.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for planned developments:
A. Site Characteristics Standard. The suitability of the subject property for the intended
planned development with respect to its size, shape, significant natural features (including
topography, watercourse and vegetation), and existing improvements.
Findings. The Subject Property is suitable for the intended planned development with
respect to its size, shape, significant natural features (including topography, watercourse
and vegetation), and existing improvements. The Subject Property is approximately 58
acres,relatively flat, and currently vacant. Approximately 40 acres of the Subject Property
is wooded, and the planned development would preserve approximately 11 acres of those
woods under a conservation easement. The Subject Property also contains a Kane County
ADID(Advanced Identification)Wetland,but it is not noted for high habitat value or high
- 5 -
Recommendation& Findings of Fact
Petition 22-16
August 1, 2016
functional value. The planned development would preserve this wetland within one of the
conservation easements.
B. Sewer and Water Standard. The suitability of the subject property for the intended
planned development with respect to the availability of adequate municipal water,
wastewater treatment, and storm water control facilities.
Findings. The Subject Property is suitable for the intended planned development with
respect to the sewer and water standard. Municipal sanitary sewer and water systems are
readily available, and stormwater control facilities will be designed in accordance with the
City of Elgin and Kane County Stormwater Management Ordinances.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
planned development with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
Findings. The Subject Property is suitable for the intended planned development with
respect to the traffic and parking standard. Future development will have access to Randall
Road via two controlled intersections — Capital Street and Alft Lane. Randall Road is a
county-controlled, limited-access arterial street,providing connectivity between Elgin and
Gilberts, Sleepy Hollow, West Dundee, Lake in the Hills, and Algonquin to the north, and
South Elgin, St. Charles, and Geneva to the south. Perhaps more important for this
development, Randall Road provides quick access to I-90, which connects with Rockford
to the west and O'Hare International Airport to the east. In the future,as adjacent properties
develop, this property will have access to Big Timber Road via the extension of Holmes
Road. Big Timber Road is also controlled by Kane County, and the intersection of Holmes
Road with Big Timber Road at Gateway Drive could be the a location for a future stop
light.At this time,the applicant has not requested direct access to Big Timber Road. Should
that access be deemed necessary, its permissibility and design will be determined by Kane
County Department of Transportation (DOT). This planned development requires the
dedication of right-of-way for and the construction of Holmes Road to the western edge of
the Subject Property (as depicted upon the concept plan), and Holmes Road would be
constructed when the earlier of(a)the adjacent property to the west is developed with the
roadway extension to Big Timber Road or (b) when the final developable parcel on the
Subject Property is developed or sold. Should Kane County DOT grant direct access to Big
Timber Road from the Subject Property in the future, it does not eliminate the condition of
this planned development that Holmes Road be constructed.
The Subject Property is currently vacant, but will be developed with industrial and/or
commercial uses and surface parking facilities that accommodate the needs of the specific
tenants. While the planned development includes a departure from the standard parking
requirement for industrial uses— 1 stall per 1,500 square feet rather than 1 stall per 1,000
square feet—a developer can only take advantage of this reduction if he/she shows that the
- 6 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
additional parking is "banked" and that the stormwater facilities are designed, built, and
installed to handle the additional impervious surface. All other uses must provide parking
at the rate established by the zoning ordinance, as it may be amended from time to time.
D. Zoning History Standard. The suitability of the subject property for the intended planned
development with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The Subject Property is suitable for the intended planned development with
respect to the length of time the property has remained undeveloped or unused in its current
zoning district. The Subject Property was annexed and zoned ORI Office Research
Industrial District in 1994 by ordinances S6-94 and G45-94, respectively. It has been
vacant since at least that time.
E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended planned development with respect to consistency and compatibility with
surrounding land use and zoning.
Findings. The Subject Property is suitable for the intended planned development with
respect to consistency and compatibility with surrounding land use and zoning. The
property at the corner of Big Timber and Randall Road is improved with an office building,
and it is zoned ORI Office Research Industrial District. The property at the southwest
corner of Holmes Road and Randall Road, containing Brilliance Subaru, is zoned PAB
Planned Area Business.
The property further east,across Randall Road,is zoned PCF Planned Community Facility,
and it contains the hospital campus for Advocate Sherman.
The properties to the north along Capital Street, Bath Road, and Alft Lane, and the
properties to the west along Britannia Drive and Madeline Lane, all contain various
industrial, office, and warehouse uses, and these properties are either zoned ORI Office
Research Industrial District or PORI Planned Office Research Industrial District.This land
use and zoning pattern generally holds true north to 1-90 and west to Tyrrell Road.
The land located immediately to the west of the Subject Property is located within
unincorporated Kane County,zoned F Farming District. The area is in agricultural use and
is designated for office, research, and industrial development when annexed to the City of
Elgin.
The land located to the south of the Subject Property, across Big Timber Road, is also
located within the unincorporated Kane County, zoned F Farming District. It too is within
agricultural use and designated for office, research, and industrial development when
annexed to the City of Elgin.
- 7 -
Recommendation& Findings of Fact
Petition 22-16
August 1, 2016
F. Trend of Development Standard. The suitability of the subject property for the intended
planned development with respect to consistency with an existing pattern of development
or an identifiable trend of development in the area.
Findings. The Subject Property is suitable for the intended planned development with
respect to consistency with an existing pattern of development or an identifiable trend
within the area. For the Northern Developable Area, the planned development proposes a
list of permitted and conditional uses that is the same as the ORI Office Research Industrial
District, and for the Southern Developable Area, the proposed list of permitted and
conditional uses blends the permitted and conditional uses of the AB Area Business and
ORI Office Research Industrial District. In this manner, the resulting development within
the Northern Developable Area will be wholly consistent with the trend of development to
the north and west of the Subject Property. Similarly, the hybrid zoning proposed for the
Southern Developable Area allows this portion of the Subject Property to be a transition
between the PAB zoning designation of the Subaru dealership to the east and the ORI
zoning and/or comprehensive plan land use designations to the north, south, and west.
Purely ORI and purely AB uses would be located within separate buildings. No deviations
from the site design regulations are proposed by this planned development except along
the north lot line where conservations easements provide more separation than otherwise
required within an ORI or AB zoning district.
G. Planned Development Districts Standard. The suitability of the subject property for the
intended planned development with respect to conformance to the provisions for the
purpose and intent, and the location and size of a zoning district.
The applicant is requesting approval of a PORI Planned Office Research Industrial District.
The purpose and intent of the provision of planned developments is to accommodate unique
development situations. For planned development districts, the planned development
should demonstrate the following characteristics:
1. An opportunity to realize a development of demonstrated need with respect to the
types of environment available to the public that would not be possible under the
strict application of the other chapters of zoning ordinance;
2. A creative approach to the use of land and related improvements resulting in better
design and construction of aesthetic amenities; and
3. The preservation of significant natural features including topography,
watercourses, wetlands, and vegetation.
The proposed planned development positions the Subject Property to largely develop in a
manner consistent with the office,industrial,and warehouse pattern established to the north
and west, but also to accommodate a more commercial use, perhaps even retail, along
Randall Road, south of the Subaru dealership zoned PAB Planned Area Business. Also,
- 8 -
Recommendation& Findings of Fact
Petition 22-16
August 1, 2016
this planned development is necessary to count the preservation of approximately 11 acres
of high-quality woodland toward the requirement of the tree preservation ordinance. This
effort will also preserve a Kane County ADID Wetland. This creative approach to the
development of the Subject Property would not be possible under the strict application of
the zoning ordinance.
H. Comprehensive Plan Standard. The suitability of the subject property for the intended
planned development with respect to conformance to the goals, objectives, and policies of
the official comprehensive plan.
Findings. The Subject Property is suitable for the intended planned development with
respect to the Comprehensive Plan Standard. The Subject Property is designated as
"Office/Research/Industrial" by the City's 2005 Comprehensive Plan and Design
Guidelines. The Office/Research/Industrial land use designation allows for a variety of
industrial, manufacturing, assembly, warehouse, distribution, research and development,
technology, corporate and support office, and limited employee-serving retail uses. These
activities typically locate in business parks. Appropriate locations offer direct access to the
arterial street system, and are in close proximity to highways, the freeway system and
interchanges.
Natural Preservation Standard. The suitability of the subject property for the intended
planned development with respect to the preservation of all significant natural features
including topography, watercourses, wetlands, and vegetation.
Findings. The Subject Property is suitable for the intended planned development with
respect to the Natural Preservation Standard. Approximately 11 of the approximately 40
acres of woodlands on the Subject Property will be preserved. This 11 acres —which will
be protected by conservation easements— is divided among two areas. Conservation Area
A--the larger of the two areas at approximately 10 acres—preserves a large stand of high-
quality trees as an intact ecosystem. From an environmental perspective, this approach is
immensely more valuable that preserving individual trees on an ad hoc basis, especially
when such individual preservation measures attempt to save trees that have grown up as
part of a woodland. A two-acre sample within Conservation Area A found 16 oaks with
diameters greater than 30 inches--four of which were more than 40 inches DBH(Diameter
at Breast Height), one was 54 inches DBH, and one was 62 inches DBH. Except for two
visible stands of several oaks along Randall Road, the area delineated as the Southern
Developable Area consists of mostly scrub trees—primarily buckthorn—and an inordinate
amount of apple trees, most likely a long-forgotten orchard. Conservation Area A also
contains a Kane County ADID (Advanced Identification) Wetland. Although it is not
further described as high habitat value or being of high functional value, it is certainly a
critical component of this ecosystem and will be similarly preserved.
- 9 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
Finally, any developer will comply with the city's landscape requirements, planting new
trees and shrubs appropriate for the type, size, and scape of the development.
J. Internal Land Use. The suitability of the subject property for the intended planned
development with respect to the land uses permitted within the development being located,
designed, and operated so as to exercise no undue detrimental influence on each other or
on surrounding property.
Findings. The Subject Property is suitable for the intended planned development with
respect to the internal land use standard. Within the Southern Developable Area, purely
ORI uses and purely AB uses would be located within separate buildings.No evidence has
been submitted or found that the proposed mix of permitted or conditional uses would be
located, designed, or operated in a manner that will exercise undue detrimental influence
on itself or surrounding property.
DEPARTURES AND EXCEPTIONS
The applicant is requesting the following departures from the requirements of the zoning ordinance
so that the resultant planned development creates a transition planned development between
Randall Road and the PAB Planned Area Business zoning to the east and the ORI Office Research
Industrial zoning to the north and west:
1. Setbacks. Along the south side of the half-acre Conservation Area B, which is
approximately 60 feet wide and functions as partial buffer from the environmentally
sensitive area of the Subaru dealership, the building and parking setback for an AB use
may be reduced to 0 feet unless land is required for a utility, drainage, or other like
easement. The AB setback for a property of similar size to the Subaru dealership, which is
approximately five acres, is 8 feet for the building and 6 feet for the parking area. The
setback at the same location for an ORI use may be reduced to 15 feet for either the building
or parking unless land is required for a utility,drainage,or other like easement. For an ORI
use on the smallest lot possible (120,000 square feet), the building setback is 30 feet and
the parking setback is 36 feet.
Along the south side of Conservation Area A,the building and parking setback shall be 15
feet whereas the building setback would be 30 feet and the parking setback would be 35
feet on the smallest possible ORI parcel with frontage only on a local street. This 15-foot
setback is required whether the use is ORI or AB as the ORI site design standards control
the Southern Development Area more than 500 feet from Randall Road.
2. Parking. Manufacturing, warehousing, and storage must provide 1 stall per 1,000 square
feet or 1 stall per every 1.5 employees on the peak demand shift, whichever is greater. The
applicant is proposing to provide 1 stall per 1,500 square feet, or 1 stall per every 1.5
- 10 -
Recommendation & Findings of Fact
Petition 22-16
August 1, 2016
employees on the peak demand shift, whichever is greater. That being said, a developer
can only take advantage of this reduction if he/she shows that the additional parking is
"banked" and that the stormwater facilities are designed, built, and installed to handle the
additional impervious surface.
3. Tree Preservation.The applicant proposes saving approximately 10 acres of high-quality
woodlands within an intact ecosystem, as well as those trees within a 1/2-acre buffer along
the Subaru dealership,rather than attempting to place buildings around individual trees on
the remainder of the site. Similarly, the applicant proposes that the preservation of these
trees shall count for any replacement requirement for the removal of trees on the remaining
approximately 30 acres.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
the approval of Petition 22-16, including the requested departures, subject to the following
conditions:
1. Substantial conformance to the Development Application and supporting documents
submitted by John Regan on behalf of David Huang, date stamped received on June 17,
2016, including those pages titled, "Statement of Purpose and Intent," "Compliance with
Development Standards," and "Addendum—Land Use Requested".
2. Substantial conformance to the Conceptual Site Plan, Scheme 05, prepared by Ware
Malcomb for Lee &Associates, dated July 25, 2016.
3. No"loading facility"[SR] shall be located between a"building"[SR]and a"street lot line"
[SR]along Randall Road. Similarly,doors appurtenant to a"loading facility"[SR]or other
like building features shall not be located along a façade of a "building" [SR] facing a
"street lot line" [SR] created by Randall Road.
4. Pure ORI uses shall not be located within the same building as pure AB uses.
5. The applicant shall record a conservation easement over those areas labeled Conservation
Area on the Conceptual Site Plan prior to any work on the Subject Property.
6. The applicant shall install the tree preservation measures required by the zoning ordinance
around any conservation area and/or any individual tree required to be saved prior to any
work on the Subject Property.
7. The applicant shall submit a plat of dedication for the future extension of Holmes Road in
conjunction with the first application for development upon the Subject Property. No
- 11 -
Recommendation& Findings of Fact
Petition 22-16
August 1, 2016
additional consideration by the Planning& Zoning Commission is required regarding said
plat. The applicant shall construct Holmes Road to city specifications upon the earlier of
either(a)when the adjacent property to the west is developed with the roadway extension
by others to Big Timber Road, or (b) when the applicant's final developable parcel of
vacant land or final subdivided developable lot is developed or sold. If Kane County
Department of Transportation grants direct access to Big Timber Road from the Subject
Property in the future,it does not eliminate this condition that Holmes Road be constructed.
8. At the time that a parcel with frontage along Randall Road develops, the associated plans
shall include and require the installation of a sidewalk along Randall Road matching the
design and profile of the existing sidewalk at the Subaru dealership.
9. Compliance with all other applicable codes and ordinances.
The vote of the Planning& Zoning Commission on the motion to recommend approval, subject
to the conditions outlined by the Community Development Department, was five(5) yes, zero
(0)no, and zero(0) abstentions. Two members were absent.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning&Zoning Commission
s/Marc S. Mylott, AICP
Marc S. Mylott, Secretary
Planning&Zoning Commission
Director of Community Development
- 12 -
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EXHIBITA Aerial/Location Map N
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Map prepared by City of Elgin 0 120 240 480 720 Feet
Department of Community Development
ORI
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Subject Property
Petition 22-16
PAB
64111 ORI
Legend gW
QRC1 Residence Conservation 1
QRC2 Residence Conservation 2
DRC3 Residence Conservation 3
QPRC Planned Residence Conservation
QSFR1 Single Family Residence 1
OPSFR1 Planned Single Family Residence 1 gqg
QSFR2 Single Family Residence 2
QPSFR2 Planned Single Family Residence 2
ME TRF Two Family Residence
PTRF Planned Two Family Residence
IN MFR Multiple Family Residence
MIPMFR Planned Multiple Family Residence @3
ORB Residence Business
QPRB Planned Residential Business
-NB Neighborhood Business
-PNB Planned Neighborhood Business •1111
-AB Area Business • ili
MI PAB Planned Area Business iihPIR C Al
-CC1 Center City 1
-CC2 Center City 2
-PCC Planned Center City
-ORI Office Research Industrial
-PORI Planned Office Research Industrial
-GI General Industrial
"MPG!Planned General Industrial
MICI Commercial Industrial
-CF Community Facility
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MI PCF Planned Community Facility ■ ,�I�.1C11
-FRP Fox River Preservation
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EXHIBITS Zoning Map N
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Map prepared by City of Elgin 0 162.5 325 650 975 1,300
Department of Community Development 1 1Feet
Bath Rd — Fox Ln
Subject Property
NWC Randall Rd & Big Timber Rd.
Petition 22-16
c Holmes Rd
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EXHBIIT C Parcel Map N
City of Elgin 0 75 150 300 450 600
Department of Community Development Feet
SITE PERSPECTIVE & PHOTOS EXHIBIT
NW Corner of Big Timber Road and Randall Road
Petition 22-16
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Page 1of2
SITE PERSPECTIVE & PHOTOS EXHIBIT
NW Corner of Big Timber Road and Randall Road
Petition 22-16
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View of Subject Property at S orner of Capital St & Bath Rd, Looking SW
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Page 2 of 2
PROJECT DATA:
•
SITE AREA:
GROSS: +1.57.90 AC(2,522,119 SF)
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ASSOCIATES' Conceptual Site Plan
WARE MALCOMB
COMMERCIAL REAL ESTATE SERVICES
Exhibit B
EXHIBIT C
THIS INSTRUMENT PREPARED
BY & RETURN TO:
NAME:
ADDRESS:
PARCEL I.D. #
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this day of , 2016, by David Huang
(hereinafter "Grantor"), as Grantor, whose address is 2505 Bath Rd., Elgin, Ill. 60124, to City of
Elgin, an Illinois municipal corporation(the "Grantee") subject to the terms of this easement.
WHEREAS, GRANTOR is the owner of that certain tract of land located in the City of Elgin,
Kane County, Illinois described in Exhibit"A" (Exhibit"A") attached hereto (hereinafter referred
to as the "Property"); and
WHEREAS,the City of Elgin,an Illinois municipal corporation,is requiring that this Conservation
Easement ("Conservation Easement") be entered into and recorded in the land records of Kane
County to bind GRANTOR; and
WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the
use and maintenance of portions of the Property depicted and described in the plat attached hereto
as Exhibit"B" (the "Conservation Easement Property").
NOW, THEREFORE, Grantor, for and in consideration of the development approvals provided
by the Grantee for Grantor's property, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,hereby conveys a Conservation Easement to Grantee
as follows:
1. GRANTOR, its successors,heirs,assigns and/or transferees,hereby grants a non-exclusive
and permanent easement to Grantee over and across the Conservation Easement Property depicted
and legally described in the plat attached hereto as Exhibit `B" for the purpose of conservation.
GRANTOR shall have responsibility for maintenance of the Conservation Easement Property
including, but not limited to, the maintenance of the Conservation Easement Property in
accordance with the terms of this Conservation Easement.
2. The primary purpose of this Conservation Easement is to enable the Conservation
Easement Property to remain in conservation for drainage, flood control, water conservation,
erosion control, fish and wildlife habitat conservation or preservation and tree and other vegetation
preservation. Any general rule of construction to the contrary notwithstanding, this Conservation
Easement shall be liberally construed in favor of the grant to effect the purpose of this Conservation
Easement and the conservation of the Conservation Easement Property for the purposes set forth
herein.
3. No buildings, structures, roads or impediments of any nature may be constructed, placed
or permitted on, over or across the Conservation Easement Property. No dumping or placing of
soil or other substances such as trash or unsightly or offensive materials shall be permitted on the
Conservation Easement Property. There shall be no removal or destruction of trees, shrubs or other
vegetation on the Conservation Easement Property with the exception of the removal of exotic,
nuisance,dead,diseased and/or invasive vegetation where said removal is overseen and conducted
pursuant to a written maintenance plan prepared by a certified arborist which has been approved
in writing in advance by the Grantee. Excavation, dredging or removal of soil material, peat, rock
or other material substance in such a manner as to affect the surface shall be prohibited on the
Conservation Easement Property. No dikes or fencing shall be permitted on the Conservation
Easement Property. The use of motorized vehicles is prohibited on the Conservation Easement
Property except for vehicles employed in the maintenance of the Property. Except for no
trespassing signs and signs identifying the Conservation Easement Property as a conservation area,
signs of any nature are prohibited on the Conservation Easement Property. There shall be no other
activities detrimental to drainage, flood control, water conservation, erosion control or fish and
wildlife habitat conservation or preservation or tree preservation permitted on the Conservation
Easement Property. The Conservation Easement Property shall be in no way altered from its
natural or permitted state except as permitted in this Easement.Notwithstanding the foregoing,the
Grantor, in its sole discretion, may restrict public access to the Conservation Easement by means
of a fence. Any such fence may be installed around the perimeter of the Conservation Easement
Property only, shall not exceed six feet in height, and shall be a see-through design using wrought
iron or other decorative material. Chain link fencing is expressly prohibited.
4. GRANTOR, its heirs, successors or assigns shall bear the responsibility at their cost for
maintaining the Conservation Easement Property, including, but not limited to, regular
maintenance as may be required by Grantee. The Conservation Easement Property shall at all times
be maintained in accordance with applicable requirements of this Conservation Easement,
recognized "best practices" of forest management and any ordinance, or other regulations of the
City of Elgin relating to the nuisances. Grantor shall be permitted to transfer all of the obligations
of this Conservation Easement, including without limitation the financial obligations of this
easement, to a Property Owners Association (the "POA") made up of the owners of the property
described in Exhibit A excepting out the property described in Exhibit B. Title to the Conservation
Easement Property may be transferred to the POA or to a charitable entity qualified under Internal
Revenue Code(26 U.S.C. § 501(c)(3)). Such title transfer shall not relieve the POA of its financial
obligations under this Conservation Easement. The Property Owners Association shall levy
assessments on its members sufficient to maintain any insurance required hereunder and such
maintenance as it, in its sole discretion, deems necessary to comply with this Conservation
Easement. Such transfer,when approved by the Grantee,which approval shall not be unreasonable
withheld, conditioned or delayed, shall release Grantor of its obligations under this Easement. The
documents forming the POA shall be subject to the approval of the Grantee, which approval will
not be unreasonable withheld, conditioned or delayed. Notwithstanding anything to the contrary
in this Conservation Easement, the Grantee shall not be responsible for any maintenance or
conditions on the Conservation Easement Property.
2
5. No right of access by the general public to any part of the Conservation Easement Property
is being conveyed. GRANTOR shall have the right to access and use of the Conservation Easement
property for the purpose of making inspections; however, GRANTOR shall have no right to use
the Conservation Easement Property for any purpose inconsistent with the terms of this
Conservation Easement.
6. Grantor reserves all rights as owner of the Conservation Easement Property, including the
right to engage in uses of the Conservation Easement Property that are not prohibited herein and
which are not inconsistent with the intent and purposes of this Conservation Easement and the
ordinances or other applicable regulations of the City of Elgin.
7. Grantor shall insert the terms and restrictions of this Conservation Easement in any
subsequent deed or other legal instrument by which Grantor divests itself of any interest in the
Conservation Easement Property.
8. All notices, consents,approvals or other communications hereunder shall be in writing and
shall be deemed properly given if sent by United States certified mail, return receipt requested,
addressed to the appropriate party or successor in interest. Notices shall be sent to the Grantor and
Grantee at the following addresses:
If to the Grantor: If to the Grantee:
David Huang City of Elgin
2505 Bath Road 150 Dexter Court
Elgin, Illinois 60124 Elgin, Illinois 60120
Attn: City Manager
With a Copy to: With a Copy to:
Early, Tousey, Regan, Wlodek& Wong City of Elgin
2400 Big Timber Rd., Ste. 201A 150 Dexter Court
Elgin, Illinois 60124 Elgin, Illinois 60120
Attn: John Regan Attn: Corporation Counsel
9. This Conservation Easement may be amended, altered,released or revoked only by written
agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in
the public records of Kane County.
10. This Conservation Easement shall run with the land and shall be binding upon and inure to
the benefit of all present and future owners of any portion of the Property and the Conservation
Easement Property and their successors and/or assigns, it being the intention of the Grantor that
this Conservation Easement be perpetual.
11. If any provisions of the Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation
3
Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is
preserved.
12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise
its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed
to be a waiver of Grantee's rights hereunder.
13. The terms and conditions of this Conservation Easement may be enforced by the Grantee
by injunctive relief and other appropriate available remedies, and Grantor consents that venue of
such enforcement actions shall lie exclusively in the Circuit Court of the Sixteenth Judicial Circuit
in and for Kane County, Illinois. This Conservation Easement shall be governed by the laws of
the State of Illinois.
14. If the Grantee determines that Grantor is in violation of the terms of this Conservation
Easement or a violation is threatened,Grantee shall give written notice to Grantor of such violation
and demand corrective action sufficient to cure the violation and, where the violation involves
injury to the Conservation Easement Property resulting from any use or activity inconsistent with
the purpose of this Conservation Easement, to restore the portion of the Conservation Easement
Property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of
notice thereof from Grantee, or under circumstances where the violation cannot reasonably be
cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30)
period, or fails to continue to diligently cure such violation until fully cured, Grantee may bring
an action at law or in equity in a court of competent jurisdiction to enforce the terms of this
Conservation Easement,to enjoin the violation by a temporary or permanent injunction,to recover
any damages to which it may be entitled, and to require the restoration of the Conservation
Easement Property to the condition that existed prior to any such injury. If Grantee, in its sole
discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Easement Property, Grantee may pursue remedies under
this paragraph without waiting for the period provided for to cure to expire. Grantee's rights under
this paragraph apply equally in the event either actual or threatened violations of the terms of this
Conservation Easement, and Grantor agrees that Grantee's remedies at law for any violation of the
terms of this Conservation Easement are inadequate and that Grantee shall be entitled to injunctive
relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief
to which Grantee may be entitled, including specific performance of this Conservation Easement,
without the necessity of proving actual damages or the inadequacy of otherwise available legal
remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in
addition to all remedies now or hereinafter existing at law or in equity. In the event of a legal
action by Grantee to enforce the terms of this Conservation Easement, Grantee shall also have the
right to recover from Grantor all of Grantee's costs and expenses in enforcing this Conservation
Easement including, without limitation, reasonable attorneys' fees.
15. Grantor shall, at the Grantor's own cost and expense, maintain, and keep in full force and
effect, commercial general liability insurance which shall include, without limitation, insurance
for (i) liability, or claims of liability, for bodily injury, death or property damage, arising out of,
occasioned by or resulting from any accident or other occurrence in or about the Conservation
4
Easement. The insurance shall provide for coverage of not less than $500,000 aggregate for any
single occurrence, shall name the Grantee as an additional insured, shall have a usual and
customary deductible. The insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the Grantee. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,alternatively, if the
insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the
Grantee. The Grantor shall annually provide written proof to the Grantee of such insurance.
16. This Conservation Easement is and shall be deemed to construe to be the joint and
collective work product of the Grantor and the Grantee and, as such, this Conservation Easement
shall not be construed against any party, as the otherwise purported draft or same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in
the terms or provisions, if any, contained herein.
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal as of the day and year first
written above.
Sign, sealed and delivered in the presence of:
WITNESSES:
DAVID HUANG
SIGNATURE
STATE OF ILLINOIS)
COUNTY OF KANE)
The foregoing instrument was subscribed, sworn and acknowledged before me this
day of , 2016, by DAVID HUANG, Grantor, and who is personally known to me.
NOTARY PUBLIC
Printed Name:
My Commission Expires:
IN WITNESS WHEREOF,the Grantee has executed and accepted this Conservation Easement as
of the day and year first written above.
5
CITY OF ELGIN
By:
Mayor
ATTEST:
By:
City Clerk
F:\Legal Dept\Agreement\Easement-Conservation-David Huang-Mason Rd-Alft Lane Ext-clean 9-9-16.docx
6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY NEAR THE NORTHWEST CORNER OF BIG
TIMBER ROAD AND RANDALL ROAD (PLUS OR MINUS 58 ACRES)
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, AND
THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4,TOWNSHIP
41 NORTH, BOTH IN RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 45
SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE
OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06
MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 07 SECONDS
WEST, A DISTANCE OF 472.03 FEET TO A NORTH LINE OF DOCUMENT NO. 1261098
AS MONUMENTED; THENCE NORTH 88 DEGREES 30 MINUTES 53 SECONDS WEST,
ALONG SAID MONUMENTED LINE,A DISTANCE OF 8.18 FEET TO AN EXISTING IRON
STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST, ALONG A
WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND THE
SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT
BEARS SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE
EAST LINE OF SAID SOUTHEAST 1/4 THAT IS 1782.69 FEET, AS MEASURED ALONG
SAID EAST LINE, SOUTHERLY OF THE AFORESAID NORTHEAST CORNER OF THE
SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECTION EAST,
ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE SAID POINT ON THE EAST
LINE OF THE SOUTHEAST 1/4 THAT IS 1782.69 FEET SOUTHERLY OF THE
NORTHEAST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 01 DEGREES 41
MINUTES 39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET
TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 31; THENCE
NORTH 88 DEGREES 35 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF
SAID SOUTHEAST 1/4, ALSO BEING THE NORTH LINE OF AFORESAID SECTION 4, A
DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF LAND CONVEYED TO
THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS
DOCUMENT 1450702; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST,
ALONG THE WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A
DISTANCE OF 121.26 FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A
POINT ON THE NORTH PROPERTY LINE OF THE AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE NORTH 88 DEGREES 18
MINUTES 21 SECONDS WEST; ALONG SAID NORTH LINE, A DISTANCE OF 286.85
FEET TO THE NORTHWEST CORNER OF SAID AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27
MINUTES 17 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704 AND THE
7
SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 376.25 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE NORTH 56
DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID SOUTHWESTERLY RIGHT
OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY ALONG
SAID SOUTHWESTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO THE LAST
DESCRIBED COURSE,AN ARC DISTANCE OF 299.08 FEET TO THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 31; THENCE
NORTH 01 DEGREES 44 MINUTES 17 SECONDS EAST, ALONG SAID WEST LINE, A
DISTANCE OF 1282.45 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 88 DEGREES 41
MINUTES 39 SECONDS WEST,ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF
SOUTHEAST 1/4 OF SECTION 31, A DISTANCE OF 395.00 FEET; THENCE NORTH 03
DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE
THAT BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT
OF BEGINNING; THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST,
ALONG SAID LINE, A DISTANCE OF 1128.31 FEET TO THE POINT OF BEGINNING,
(EXCEPT PART LYING SOUTH OF CENTER LINE OF BIG TIMBER ROAD; ALSO
EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF KANE
COUNTY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE ON AN ASSUMED BEARING OF NORTH
0 DEGREES 15 MINUTES 40 SECONDS EAST ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER 870.78 FEET; THENCE SOUTH 87 DEGREES 25 MINUTES 55
SECONDS WEST 59.94 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 13 SECONDS
WEST PARALLEL WITH THE CENTER LINE OF RANDALL ROAD 868.12 FEET TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 9 DEGREES 58
MINUTES 18 SECONDS EAST ALONG SAID SOUTH LINE 59.78 FEET TO THE POINT OF
BEGINNING), IN DUNDEE TOWNSHIP AND ELGIN TOWNSHIP, KANE COUNTY,
ILLINOIS.
8
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Exhibit B
PROPOSED CONSERVATION AREA A LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF CAPITAL STREET RIGHT-OF-WAY AS DEDICATED
PER DOCUMENT 95K034790; THENCE NORTH 87 DEGREES 38 MINUTES 33 SECONDS EAST
ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID CAPITAL STREET, A DISTANCE OF 18.35 FEET;
THENCE SOUTH 00 DEGREES 52 MINUTES 39 SECONDS WEST, A DISTANCE OF 348.40 FEET;
THENCE NORTH 89 DEGREES 07 MINUTES 21 SECONDS WEST PERPENDICULAR TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 39.22 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 39
SECONDS WEST, A DISTANCE OF 143.07 FEET; THENCE NORTH 89 DEGREES 26 MINUTES 30
SECONDS WEST,A DISTANCE OF 658.18 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 00 DEGREES 33 MINUTES
30 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 638.60 FEET; THENCE NORTH 86
DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 685.07 FEET TO THE WEST RIGHT-
OF-WAY LINE OF SAID CAPITAL STREET; THENCE SOUTH 00 DEGREES 53 MINUTES 01 SECONDS
WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 202.08 FEET TO THE POINT OF
BEGINNING, IN KANE COUNTY, ILLINOIS.
CONTAINING 456,534 SQUARE FEET OR 10.481 ACRES MORE OR LESS.
PROPOSED CONSERVATION AREA B LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF AN 8 FOOT DEDICATION AS GRANTED PER
DOCUMENT 2015K012562 ALSO BEING THE SOUTH LINE OF A PARCEL OF LAND CONVEYED PER
WARRANTY DEED RECORDED AS DOCUMENT 2013K074344; THENCE SOUTH 87 DEGREES 40
MINUTES 23 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 249.54 FEET; THENCE
SOUTH 00 DEGREES 19 MINUTES 22 SECONDS EAST, A DISTANCE OF 98.54 FEET; THENCE
NORTH 89 DEGREES 26 MINUTES 30 SECONDS WEST, A DISTANCE OF 251.21 FEET; THENCE
NORTH 00 DEGREES 52 MINUTES 39 SECONDS EAST, A DISTANCE OF 85.97 FEET TO THE POINT
OF BEGINNING, IN KANE COUNTY, ILLINOIS.
CONTAINING 23,086 SQUARE FEET OR 0.530 ACRES MORE OR LESS.
EXHIBIT B