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HomeMy Public PortalAboutOrdinance 1672 ,~` ~ .. , , '~ ORDINANCE NO.~ p~~ `~ s~l•~~1$ Mara Ann Stukel 09~'1~~96 gila C~a!~nt~ ~ecor'der 1~r5~. ~~ ,. ~ 9b~4278 Pose i v# ~':' AN ORDINANCE AUTHORIZING THE EXECUTION OF CERTAIN ANNEXATION AGREEMENT AMENDMENTS BETWEEN THE VILLAGE OF PLA.lI~!!~!ELD, lLLI~O!S AID .-PL :A!!`!F!ELn P~RTt~lERS, A!`! ILL!I~!Q!S PARTNERSHIP AND THE MACOM CORPORATION FIN# 03-16-100-004 WHEREAS, an Annexation Agreement was entered between the Village of Plainfield and Plainfield Partners and Dr. Bruce Wallin pursuant to Ordinance Number 1602 adopted December 19, 1994. WHEREAS, the Village of Plainfield, an Illinois Municipal Corporation, and the owners of said property wish to amend said Agreement in certain aspects; and WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed amendments to said Annexation Agreement pursuant to 5/11-15.1 W3 of Chapter !a5 of Illinois Code of Civil Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Section 1. That the President and Village Clerk are authorized and directed to execute the aforesaid amendments to said Annexation Agreement far and an behalf of the Village of Plainfield, Illinois, attached hereto and made a part hereof as Exihibit "A". This Ordinance shall be in full farce and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance Na. 1672 PASSED THIS 19th DAY OF August , 1996. AYES: 4 NAYS: 1 ABSENT: APPROVED THIS 19th D Y OF August , 1996. -`~ ~ ~ ,_. ~ PREPARED BY/RETURN `r0: VILLAGE PRESIDENT VILLAGE OF PLAINFIELD ATTEST: - ~_..~•~' 23145 W. LINCOLN ~TIGHWAY PLAINFIELD, IL 60544 VILLAGE CLE K ~ / r~ . __ R~~~-_~~~+278 REVISIONS TO ANNEXATION AGREEMENT FOR WALLIN WOODS BETWEEN THE VILLAGE OF PLAINFIELD AND PLAINFIELD PARTNERS AND THE MACOM CORPORATION WHEREAS, an Annexation Agreement was entered between the Village of Plainfield and Plainfield Partners and Dr. Bruce Wallin pursuant to Ordinance Number 1602 adopted December 19, 1994. WHEREAS, the Village of Plainfield, an Illinois Municipal Corporation, and the owners of said property wis7~ to amend said Agreement in pertain aspects; and - WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed amendments to said Annexation Agreement pursuant to 5/11-15.1-3 of Chapter 65 of Illinois Code of Civil Procedure. I. That the Village of Plainfield, an Illinois Municipal Corporation and the owners hereby agree to amend the Annexation Agreement entered into on December 19, 1994, by inserting new sections in Section 3., Section 11., Section 4., and a new exhibit "E" all attached hereto and made a part hereof as group exhibit "A". VILLAGE OF PLAINFIELD ATTEST: ,, /- ! ~~" - VILLAGE CLE ~ OWNERS: PLAINFIELD PARTNERS, an Illinois Partnership By: By: ~~ ~_~ V LAGE PRESIDENT THE MACOM CORPORATION, a Delaware Corporation .. _. By: i~ ~~ ;r~; ~.:a~~~~r~7~3 AMENDED ANNEXATION AGREEMENT THIS AMENDED ANNEXATION AGREEMENT (herein referred to as "Agreement") is made and entered into this ~ ~ of August, 199G by and among PLAINFIELD COMMERCIAL PARTNERS, L.L.C., an Illinois corporation, PLAINFIELD RESIDENTIAL PARTNERS, L.L.C., an Illinois corporation (herein collectively referred to as "Partners"), THE MACOM CORPORATION, a Delaware corporation, Contract Purchaser of Parcels C and D and additional owner (hereinafter referred to as "Contract Purchaser"), collectively referred to as "Owners", and THE VILLAGE OF PLAINFIELD ILLINOIS, an Illinois municipal corporation (herein referred to as "the Village"). WHEREAS, an Annexation Agreement was entered into between the Village and Partners and Dr. Bruce Wallin, pursuant to Ordinance No. 1602, adopted September 19, 1994; and WHEREAS, the property is subject to an Annexation Agreement, dated December 29, 1994, and recorded with the Will County Recorder as Document No. R95-004782; and WW Annex ~age~-~ August 27, 1996 3 . WHEREAS, Owners have duly petitioned the Village for amendment to the Annexation Agreement; and WHEREAS, following proper notice and public hearings before the Village President, Board of Trustees and the Plan Commission, as provided by state statute and the ordinances of the Village, consideration was given to the request for amendment to the Annexation Agreement, a draft amendment to the Annexation Agreement and other document and testimony, pursuant to S/11-15.1-3 of Chapter 65 of the Illinois Compiled Statute. NOW THEREFORE, in consideration of the agreements and matters herein contained, the parties hereto mutually promise and agree to amend the Annexation Agreement entered into on the 29th day of December, 1995 and recorded as Document No. R95-004782 in its entirety and replace it with this Amended Annexation Agreement and further mutually promise and agree as follows: 1. The foregoing Recitals are incorporated in and made a part of this Agreement. 2. The Village has heretofore, by proper ordinance, annexed the Property to the Village; and the appropriate Village officers have been duly authorized and directed to forthwith execute this Agreement, and to record this Agreement with the Recorder of Will County, Illinois. 3. Design Criteria - In consideration of the Owners entering into this Agreement, and as a material inducement to the Owners with respect thereto, the Village shall adopt ordinances which (a) shall amend the official zoning map of the Village so as to zone the Property (as depicted in "Exhibit B") as follows: • Parcel A - Residence A District. • Parcel B - Residence A District. • Parcel C - Residence A District • Parcel D -- Residence A District WW Annex Page' August 27, 1996 ~n~;, Y ~~f~r~~~~~ Notwithstanding the provisions of either current or future Village zoning and subdivision ordinances which relate to minimum lot size, lot width, and land use, the Owners and any vendee of said parties shall be entitled to construct and develop, a business and residential subdivision with lots having those lot sizes, widths, and configurations as are depicted upon the Preliminary Plat, a print of which is attached hereto as "Exhibit B" and incorporated by reference herein and further described below, (provided however that no cul-de-sac shall exceed 600 feet in length under the measurement criteria stated in the subdivision ordinance): • The maximum residential density for the entire 161 acre subject property shall not exceed 2.3 units per acre or 370 units. • Parcel A shall be annexed and zoned as a Residence A zoning district, however the Village of Plainfield and the Partners mutually agree that Parcel A shall be rezoned in the future to a mixed use Business B-3 and Residence A-3 zoning district provided that the following design criteria are met: (a) Land Use-All uses allowed in the B-3 and A-3 zoning districts. B-3 as used herein shall also include the B-5 classification if adopted by the Village of Plainfield during the term of this agreement, and if the B-5 classification is chosen by Partners. A copy of the proposed B-5 zoning ordinance is attached hereto as Exhibit "G" . (b) Commercial Design Criteria 1. Any or all of Parcel A may be used for commercial purposes allowed by the B-3 zoning district regulations and the design criteria shall be subject to the regulations and requirements of the B-3 zoning district. There shall be a minimum 30' landscape area along Route 30 and a minimum 40' landscape buffer between commercial and residential areas. 2. The Partners agrees to construct a direct access through Parcel A from the intersection of Routes 126 and 30 to Ingersoll Drive at the time of any development in Parcel A. WW Annex ~~ August 27, 1996 ' F~~ _ ~ ~~~~~~ 3. Partners agree to construct, at the time of any development in Parcel A, a pedestrian/bicycle path through Parcel A to connect to the Ottawa Street pathway, Parcel C, and future paths to the west. Partners further agree to provide mutually agreeable easements through Parcel A far said paths should the Village procure funds to construct apedestrian/bicycle path prior to development in Parcel A. 4. Partners agree to cooperate with the Village to sponsor and fund a design competition for the design and development of Parcel A within three (3) years of the signing of this agreement. (c) Residential Design Criteria 1. Maximum Density - A maximum of 120 attached single family residential units on no more than 15.0 acres of area with no more than 8 units per building. 2. Minimum Yards: Front - 22' from private drive and sidewalk and 30' from exterior R.O.W. Side ----~ 15' from property perimeter. Rear - 25' from property perimeter. 3. Building Separation: Front to Front --~ 75' . Front to Side - SS' . Front to Rear -~ - Not Allowed. Side to Side - 20' . Rear to Rear - 60' . Rear to Side - 40' . 4. Parking - A minimum of 75 % of the units shall have two car garages; the remainder shall have one car garages. The total number of parking spaces on site shall equal 4 parking spaces per unit. The 22' driveway areas between the private drives and/or sidewalks shall be counted as parking spaces. 5. Landscaping -- There shall be a minimum 40' landscape buffer between residential areas and commercial areas. There shall be a 20' landscape buffer on the perimeter of the remainder of the residential area. There shall be one parkway tree per SO' of private drive and/or ROW frontage. Each unit shall have an additional planting of three 2.5" BB trees and 6 shrubs. WW Annex .P~ge-~~ August 27, 199b P~~j- ~~'~27$ 6. Minimum single family attached unit size: One story - 1,000 square feet. Two story - 1,300 square feet. 7. Building Elevations -All building fronts shall have a minimum of SO % brick, stone, stucco, artificial stucco, cedar or combination thereof. 8. Covenants and Restrictions -All residential units shall be subject to recorded covenants and restrictions, the essentials of which are incorporated herein as Exhibit D. • Parcel B shall be annexed and zoned as a Residence A zoning District, however the Village of Plainfield and Parners mutually agree that Parcel B shall be rezoned in the future to a Business B-3 zoning district for the purposes of creating a "Village Center" concept with a combination of businesses and residences sharing common elements with creative pedestrian scale and orientation in a compatible manner provided that the following design criteria are met: 1. Any or all of any building in Parcel B may be used for the commercial uses as allowed in the B-3 Zoning District, provided that the first floor of any combined commercial/residential building shall be exclusively used for allowable commercial uses. Public/Quasi-public uses to be encouraged are churches, civic centers, village hall, recreational centers and other civic/governmental. oriented land uses. 2. The upper floors of any building may be used for residential purposes. There may. also be secondary buildings for exclusive residential use. 3. Parking -Parking for the commercial uses shall be in accordance with the B-3 zoning district requirements and the parking for the residential uses shall be at a minimum ratio of 2 parking spaces per residential unit. ~. Pedestrian access to and from Parcel B shall be provided to Parcel C (open space) and other areas of the subject property. WW Annex hagt-S-~ August 27, 1996 7 _ , ' P~~ ~- ~~~~~3!~~7~ 5. Facade treatment and Landscaping will be essential in the treatment and approval of this area. 6. Partners agree to construct, at the time of any development in Parcel B, a pedestrian/bicycle path through Parcel B to connect to the Ottawa Street pathway, Parcel C, and future paths to the west. Partners further agree to provide mutually agreeable easements through Parcel B for said paths should the Village procure funds to construct apedestrian/bicycle path prior to development in Parcel B. 7. Partners agree to cooperate with the Village to sponsor and fund a design competition for the design and development of Parcel B within three (3) years of the signing of this agreement. • Parcel C shall be zoned as an A Residential District solely for the purpose of providing public open space. • Parcel D shall be subdivided, platted, zoned and approved in accordance with the Village of Plainfield A Residential zoning district, subdivision ordinance and following design criteria: a) Land Use -Single-family dwellings. b) Density - A maximum of 218 lots at a maximum net density of 2.6 dwellings units per acre. c) Minimum Lot Size - 9,000 square feet. d) Minimum Lot Width at the Building Line - 70 feet. e) Setbacks - Per attached Exhibit E. f) Floor Area Ratio -- Maximum of .30. The floor area ratio shall be defined as the gross square footage of living area, exclusive of garage square footage, divided by the gross square footage of the lot the residence is located on. g) Minimum Detached Single-family Home Size (finished space) -One story-1,600 square feet; Split level~1,800 square feet, two story-2,000 square feet. h) Covenants and Restrictions -All residential units shall be subject to recorded covenants and restrictions, the essentials of which are incorporated herein as Exhibit E. i) No driveway access shall be permitted to Van Dyke Road. WW Annex ~a~e-fir`- August 27, 1996 r RQ~--~.~;'~~78 j) Van Dyke Road shall not be extended south of Dan Patch Drive until the alignment of said extension and location of the south retention pond are mutually agreed upon by the Village and Contract Purchaser. After reaching such agreement, Contract Purchaser shall construct said extension and retention pond or be responsible far the cost thereof. Contract Purchaser will also provide for any easements necessary to effect the agreed upon realignment. • Tree Preservation -The Owners shall make every effort to save, preserve and maintain the important vegetation on the subject property. During the construction of the development infrastructure and the individual homes, standard horticultural. practices shall be utilized to protect and preserve the existing important trees in excess of 16" diameter at the base. However, should any important tree with a diameter of 16" or greater at the base have to be disturbed or removed because of infrastructure or home construction, then the Owners warrant that for every disturbed tree 2 trees with a minimum of 3" caliper 1 foot from the base of a similar species shall be planted in Parcel C or the parkway of Van Dyke Blvd. adjacent to Parcel C. No tree with a diameter of 16" or greater shall be disturbed or removed by the Owners or lot owner without the previous consent of the Village. At time of approval of each Final Plat, Contract Purchaser shall provide the Village with individual lot surveys for each lot therein including the location of each tree with a 16" or greater diameter located on each lot. On any lot where trees with a diameter of 16" or greater exist, applicant shall submit to the Village, for approval as part of the building permit, a tree preservation plan showing procedures to reasonably protect trees to be preserved. Applicant shall use reasonable effort to preserve as many trees with a diameter of 16" or greater as possible. If a tree with a diameter of 16" or greater must be removed by a builder in order to construct a home, removal of any such tree shall be noted on the building permit application to the Village and issuance of a building permit by the Village shall be considered Village consent to removal of said tree. No ranch style houses shall be constructed on any lots which will require that any trees with a diameter of 16" or greater be removed for .purpose of construction of the foundation. 4. The Village hereby acknowledge and agrees that the Preliminary Plat and Preliminary Engineering Plans - Exhibit B are in compliance with and meet the requirements of the Village zoning and subdivision codes and Village policies and procedures, and same are hereby approved by the Village. The Village fitrther agrees that it will, within a reasonable period WW Annex P~ August 27, 1996 9 r R®6-~~?~~78 of time following submission to the Village and without further public hearings, approve Final Plats of Subdivision and the various supporting documents required by the Village code including Final Engineering Plans, and Final Specifications and Estimates of Cost, which are substantially in conformity with the Preliminary Plat and the Preliminary Engineering Plans and which otherwise comply with the provisions of the Village codes not inconsistent with this Agreement. Promptly after approval, the Village shall execute the Final Plats of Subdivision for each phase of the property so that the Owners may cause said plats to be recorded with the Recorder of Will County, Illinois. The Village further agrees that it will issue building permits, occupancy certificates, zoning certificates and other permits and approvals related to the development and use of the Property within a reasonable time following the submission of required documentation and compliance with the requirements of applicable Village codes not inconsistent with this Agreement. Village and Owners agree that the street pavement improvements in each residential unit shall be conveyed to the Village upon completion and satisfactory inspection of the improvements by the Village Engineer. Not later than thirty (30) days after approval of the pavement improvements by the Village Engineer, Owners shall submit a Plat of Dedication dedicating all rights-of--way as Public Rights-of--Way and Village shall accept said dedication within thirty (30) days of submittal. Prior to said Public Dedication, all rights-of--way shall be Private Rights-of- Way and shall be maintained. at the sole cost of the Owners,. including. snow removal and sweeping. Village shall have the right to enforce any and all Village ordinances on the Private Rights-of--Way as Village may deem necessary or desirable. Public access to Parcel C shall be granted at all times for recreational uses. 5. The Owners agree to grant to the Village, and to those utility companies which operate under franchise from the Village, such easements which are necessary to permit the installation, operation, repair, maintenance and performance of services provided by said entities. Said easements shall be granted on the Final Plats of Subdivision for each phase of development unless requested earlier by the Village. WW Annex Png~B~ August 27, 1996 ' F;9~-m:~~421~ 6. The Owners shall be allowed to construct and maintain two monument signs temporary in nature, at the public street entrances to the Property on Route 126, said monuments to be subject to approval by the Village at the time of its consideration of the Final Plat of Subdivision for the respective phase of development. Generally, said monument signs shall not exceed 100 square feet in area not 8 feet in height. Said signs shall be removed upon occupancy of 75 % of the units within the final phase or within five (5) years of the signing of this agreement whichever shall come first. In addition, the Owners shall be allowed to establish and construct temporary directory and identification signs within the Project. 7. A temporary sales trailer with associated off-street parking and landscaping shall be permitted by the Village at or near the proposed public street entrance at any separate development project. The Owners agrees to locate said temporary sales trailer at his own risk and agrees to indemnify, defend and hold harmless the Village of Plainfield from and against any and all liabilities, obligations, claims, or damage arising from or in connection with the occupation or use of the temporary sales trailer by Owners, their employees, agents, contractors, customers, or invitees. The Owners shall be permitted to keep said temporary sales trailer until a permanent model building is open at which time Owners agree to restore the premises to its pre-existing conditions within fourteen (14) days of said permanent model building being completed and available to be used for a sales office. Owners shall be permitted three (3) construction trailers for the purpose of maintaining on site supervision facilities and supplies for the construction of the subdivision infrastructure. Owners shall be permitted a total of two (2) temporary real estate/sales signs that comply with the Village's standards far size and height. Said signs may be located near Route 126 subject to approval by the Village Board. WW Annex August 27, 1996 // 8. The Owners, their successors in title to the Property or their assignees or the operators from time to time, shall be permitted to keep and maintain asales/rental office and management office within any building on the Property as approved by the Village. 9. The Village represents and warrants to Owners that as of the date of this Agreement it has adequate water storage and supply capacity and adequate sanitary sewage treatment and collection capacity to service the .completed and developed Property. During the term of this Agreement, the Village shall provide the Owners equal access to capacity in both the water distribution and sanitary sewer collection systems as other entities seeking to connect to and extend these systems, which do not have an annexation agreement or other written obligation guaranteeing such capacity by the Village. Subject to the review and approval by the Village Engineer of Final Engineering Plans and supporting documents and subject to the issuance of permits by the Illinois Environmental Protection Agency, the Village further agrees that the Owners shall be permitted to connect to the Village's existing water distribution and sanitary sewer collection systems at locations located adjacent to the property as generally indicated in the Preliminary Engineering Plans, for the purpose of extending and providing water. and sanitary sewer service to the Project. The Village agrees to execute such Illinois Environmental Protection Agency sanitary sewer extension permits as may be required, and to otherwise provide full cooperation to the Owners in order to accomplish the foregoing. To the extent that such sewer and water main extensions provide service to and benefit other properties, the Village agrees to enter into a recapture agreement with the Owners of said properties and pass an ordinance providing for the reimbursement of benefiting costs to Owners and to deny permits for connection thereto until such benefiting costs are paid. WW Annex gF'~ e ~ August 27, 1996 /~ 10. Partners and Village acknowledge that the extension of a collector roadway (Collector Roadway) along the westerly line of the Subject Property from the U.S. Route 30 and State Route 126 intersection to the east-west collector street indicated as Ingersoll drive on the Preliminary Plat (Exhibit B) constitutes a mutual benefit to the adjacent and currently undeveloped Property P.I.N. 03-17-200-007 hereinafter referred to as the "Benefiting Property°' to the west of the Subject Property by providing a transportation link and an important point of access to said Route 30 and Route 126 it being understood that the Village does not anticipate further public street intersections along Route 126 between the Northeast corner of Section 17 and the Old Indian Boundary Line to the west. As an inducement to Partners to plat and construct the Collector roadway along and contiguous to the Westerly Property line of the Subject Property in a manner that will afford potential points or roadway access to facilitate the future platting and development of the Benefiting Property, the Village hereby agrees to enter into with Partners a recapture agreement whereunder the Benefiting Property shall reimburse Partners no more than one-half the cast of any turn lanes, pavement widening, re-stripping, signage, traffic signals or ancillary improvements of the U.S. Route 30/Route 126 intersection with all of said costs to be determined prior to construction of said improvements, by Village Engineer based upon the degree to benefit. Those items of cost eligible for reimbursement and recapture shall include but not be limited to earthwork, street pavements, curb and gutter sections, sidewalks, storm sewers and appurtenances, street lighting, signage, traffic signals, and pavement marking improvements as well as engineering and constructions management fees, Village review and permitting costs, and the cost of financial surety and warranty bonds all as reviewed and approved by the Village Engineer. Furthermore, the Village shall refrain from approving any Final Plat of Subdivision on the Benefiting Property until and unless Partners are fully reimbursed for the aforementioned costs of constructing the collector roadway and U.S. Route 30/Route 126 intersection improvements or that Partners are assured of reimbursement. The Village agrees to exercise its powers pursuant to 65 ILLS 5/9-5-1 et seq. in the enforcement of this provision. WW Annex Page~~ August 27, 1996 /~3 11. To fully and completely allay and satisfy any and all open space/park impacts associated with development of the subject property, Owners agree to convey to the Village, and the Village agrees to accept, that 25.04 f acres open space/park corridor Parcel C depicted on the Preliminary Plat - Exhibit B (portions of which will contain the storm water management system). Owners agree to collaborate with the Village and/or the Plainfield Park District on the design of pedestrian pathways and to incorporate said pathway designs into the Final Engineering Plans. Owners shall otherwise have no obligation to construct sidewalks along the east side of the public right-of--way adjoining said Parcel C or any further improvements within Parcel C. Upon completion of all storm water drainage and storm water management improvements and within the landscape restoration of said park open space corridor Parcel C, the Village agrees to accept the conveyance. Owners further agree to construct prior to July 1, 1997 one of the following improvements: 1) Installation of pavement improvements so as to connect Indian Oaks Estates to Parcel C or 2) a temporary bike/pedestrian path from Indian Oaks Estates to either roadway improvements in Wallin Woods or Parcel C. Owners further agree to construct prior to July 1, 1997 a temporary bike/pedestrian path from Van Dyke Road to the northeast corner of Parcel B parallel to and adjacent to Lockport Street (Route 126). 12. In order to allay the impacts of residential development upon the school district, the Owners shall pay to the Village pursuant. to GS ILCS S/11-15.1-2, at the time of issuance of building permits the applicable district wide donation requirements, as may be revised from time to time. 13. To completely allay any and all impacts of the development on the Village, the Owners agree to pay for annexation fees in accordance with the following schedule: Parcel A - A combination of annexation fees as follows: WW Annex Pagc--iZ~ August 27, 1996 /`/ a) Commercial uses - $3500.00 per acre of the parcel to be used for commercial purposes payable at the time of the first building permit for a total not to exceed $130,200 for 37.2 acres of commercial use. b) Residential uses - $220.00 pre unit payable at the time of each building permit far a total of $2b,400.00 for 15 acres of residential uses. Parcel B - $3,500.00 per acre payable at the time of the first building permit for a total of $45,500.00 for 13 acres of commercial uses. Parcel C - No annexation fees due for 25.04 acres of open space uses. Parcel D - $G89.80 per unit payable at the time of each building permit for a total of $150,377.50 for 85.4 acres of residential uses. 14. Partners agree to pay the sum of $20,000.00 specifically for the construction of a pedestrian access sidewalk and/or bridge across the DuPage River and the E.J. & E Railroad tracks. This payment shall be made to the Village no later than the issuance of the first commercial building permit, or earlier as the parties shall agree. 15. This Agreement shall be binding on and inure to the benefit of the parties hereto, successive Ownerss of record of land that is the subject of this Agreement, assignees, and lessees and on any successor municipal authorities of the Village and successor municipalities for a period of twenty (20) years from the date of execution hereof and any extended time that may be agreed to by amendments. 16. It is agreed that each of the parties hereto may in law or in equity, by suit, action, mandamus, or other proceeding, including specific performance, enforce or compel performance of this Agreement. 17. All notices under this Agreement shall be in writing and shall be deemed properly served when delivered if delivered by hand to the party to whose attention it is directed or three (3) business days after mailing if sent, postage prepaid, by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: WW Annex Pa~g~l~ August 27, 1996 /_5 If intended for Partners: Plainfield Commercial Partners, L.L.C. and/or Plainfield Residential Partners, L.L.C. 515 Lockport Street Plainfield, IL G0544 If intended for Contract Purchaser: The Macom Corporation 3000 White Eagle Drive If intended for Village: Naperville, Illinois 60564-9315 Village Administrator Village of Plainfield 1400 North Division Street Plainfield, IL 60544 or such other address or to such other party which any party entitled to receive notice hereunder designates to the others in writing. 18. If any provision or provisions. in this Agreement are found by a court of law to be in violation of any applicable local, state or federal ordinance,. statute, law, administrative or judicial decision, or public policy, and if such court should declare such portion, provision or provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable, as written, then it is the intent of the parties hereto that such portion, provision or provisions shall be given force to the fullest passible extent that they are legal, valid and enforceable, that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein, and that the rights, obligations and WW Annex P-° August 27, 1996 /6 interest of the parties hereto under the remainder of this Agreement shall continue in full force and effect. In the event of any inconsistency between the provisions of this Agreement and the codes or ordinances of the Village, the provisions of this Agreement shall control. 19. This Agreement may be amended by the Village and the Owners of record of a portion of the subject realty as to the provisions applying exclusively thereto, without the consent of the Owners of other portions. of the subject realty not affected by this amendment. 2Q. Time is of the essence of the Agreement. 21. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their assigns and successors in interest and successor municipalities. In the event the Owners of the Property convey all or portions of the Property that is the subject of this Agreement, then to the extent any such sale is made subject to the terms and obligations of this Agreement, a novation shall be deemed to occur and said successor party(s) shall be responsible for the performance of this Agreement as it relates to the portion(s) of the Property so conveyed and the prior Owner shall be relieved of their obligations hereunder to the extent that they relate to the portion(s) of the Property so conveyed, and the successor Owners shall then be responsible for the full and faithful performance of the Agreement to the extent it relates to the portion(s) of the Property so conveyed. Any lender, or its successors and assigns, taking title to the Property or Portions thereof shall be entitled to all the benefits of this Agreement, and subject to all the terms and provisions hereof. WW Annex Eag~-i~" August 27, 1996 /7 IN WITNESS WHEREOF, on the day and year first written above the Owners have executed this Agreement individually, and the Village, pursuant to proper ordinance heretofore passed and adopted, has caused its Village President and Village Clerk to execute these presents on its behalf and its corporate seal to be affixed hereto all as provided by law. The Village of Plainfield, a Municipal C~orpor tion . ~ i k ' By: C . ~+'' : ~' ~ illage President ,~- . (Corporate Seal) ;.:~ '" Attest: ~` . ~' Village Clerk ~ ,w ~.. OWNERS: PLAINFIELD COMMERCIAL PARTNERS, L.L.C. an Illinois corporation Attest: PLAINFIELD RESIDENTIAL PARTNERS, L.L.C. an Illinois corporation ~ n By: ' (~ r1 ~ -~ ~--~ Attest: THE MACOM CORPORATION a Delaware corporation WW Annex Attes August 27, 1996 I~ STATE OF ILLINOIS ) SS. COUNTY OF ) R~ ,~~k~~~'~8 I, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID CO ,~j TY, IN THE STATE OF AFORESAID, DO HEREBY CERTIFY THAT -::obi ~~ l='~- !"c Tom- rs6~ , AS VILLAGE PRESIDENT OF yILLAGE __OF PLAINFIELD, A MUNICIPAL CORPORATION OF ILLINOIS AND _~uS ~~-~ ~~~%r~ , AS VILLAGE CLERK OF SAID VILLAGE, WHO ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS SUCH VILLAGE PRESIDENT AND VILLAGE CLERK OF SAID VILLAGE, RESPECTIVELY. THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID VILLAGE, FOR THE USES AND PURPOSES THEREIN SET FORTH; AND SAID VILLAGE CLERK DID THEN AND THERE ACKNOWLEDGE THAT HE/SHE, AS CUSTODIAN OF THE CORPORATE SEAL OF SAID VILLAGE, DID AFFIX THE CORPORATE SEAL OF SAID VILLAGE TO SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID VILLAGE, FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS 199. COMMISSION EXPIRES: DAY OF r ~ TARY PUBLIC ~ w "~k`FIC~1I,~y" M~rrilee&~ ~~ ~~c, ate atmie~ ~igCo~~9~98 WW Annex P~~~_1Z_-.~ August 27, 1996 /~ STATE OF ILLINOIS ) SS. COUNTY OF ~_ ) I, ~~ ,,~ ~, (~, IA A ~„ r~ ~ ~,-, , A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE OF AFORESAID, DO HEREBY CERTIFY THAT ' , OF PLAINFIELD COMMERCIAL PARTNERS, L.L.C., PERSONALL KNOWN TO ME TO THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE/SHE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF 1996. l ~,~.iy`rww~ ... no~~~~~~~ 5EA~~~ , REBECCA L. LUNGREN Pv1Y C MMISSION EXPIRES 1/2 /97 _.-.._- r - NOTARY PUBLIC COMMISSION EXPIRES: I - a c -~~ WW Annex ,~a~-~-- August 27, 199G ~~ ~~ ~.: STATE OF ILLINOIS ) SS. COUNTY OF "°`~""~ ) I, e ~ ~_, A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE OF AFO SAID, DO HEREBY CERTIFY THAT ~ , OF PLAINFIELD RESIDENTIAL PARTNERS, L.L.C., PERSONALL KNOWN TO ME TO THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY IN PERSON AND. ACKNOWLEDGED THAT HE/SHE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ \~~ _ DAY OF 1996. ~_ ~ ~ q ~, " _ NOTAR LIC REf3~.CGp` ~-. L.UNfaR~N _1- ~~1- ~~- NpTARY PuBUC, 5TA7~ OF ILLINp15 COMMISSION EXPIRES: MY CQhIIMIS510N EXPIRES 1/25/97 WW Annex Page-i~~ August 27, 1996 ~/ STATE OF ILLINOIS ) SS. COUNTY OF ~,~ ~ av ) I, ~~ L . L~~, nY~ ~ _, A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE OF AP RESAID, DO HEREBY CERTIFY THAT ~c . ~~ <~ ___~ r~~w~~~n , OF THE MACOM CORPORATION, PERSONALLY KNOWN TO ME TO THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE/SHE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF 1996. .._ _. ~~ . NOTARY B IC ~~OFFICI,A~. SEA~~..,~. REBECCA L. LIJAIGREN NOTARY PUg~IC, STATE OF ILLIN015 MY COMMISSION EXPIRES 1/z5/g7 COMMISSION EXPIRES: ~- ,~~r_c--1 WW Annex Page-2~~ August 27, 1996 ~~ EXHIBIT A LE A THAT PART OF SECTION 1G, TOWNSHIP 36 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING WESTERLY OF THE ELGIN, JOLIET AND. EASTERN RAILROAD AND SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. ROUTE 30 (ILLINOIS ROUTE 126), IN WILL COUNTY, ILLINOIS. r n O C z m n O ~o O rrt ~a WW Annex Pag~2~~ August 27, 1996 a~ PRELINAINARY PLAT ,~~ ~, ~EX~H~B~~ • `.AL L t N WOODS ~ pLA1NFIELD, ILLINOIS f '.:.;,...~- ~ r~ ~.ww r i S C r~ ..r • ' ~r ~MM ~ 'rw •~I ~w~IM ~ iry • ~.• ~ ~~ .. • i.w.~ :• •• ~ • A( f Ir• T:ti ~ .~ .r •.~... • . ~~ r T~ _I.w~..Y.' f 11..!?-/ ~~ . .rw p wllKS hiWf My 1KWl1f~d rrCM~P• ~Y~4L •u~- Km~ ~ P~1 1p K K7oa9 • • • ^ ~ i •. ..iMQ.b.,. j ' ~ ' , ; . '- :,~ \;•- ~ ,~ ; q.s ~ ~ 5 ~ ' Fr• a ~ ~•• ~sy Y vrr•. ..o.c ` ~ ~ S l I i ! .e ..•I n,, ~y ~ .9: ~ ~ Ir yr• xt '• ~ i = • ~ ~ ~» ~a. .~. / r %^ .. ~, (~ ~. Y r..dp, c ~ Boors • i ' I ~ ~~ j ~Y_ ~r ~~ ~ ...+..-...r• 1 • ./~ _ _ t r;± ~~~ ~.. ~ ~- c •~I '• 1 ~ ~•~ =r l _~~~ ~ .. I ~ i ~`~~ 1 1 I C t i w.' 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K ~ = ,..,. r t 37 ~_ ,,,,, r... • ,1~.°, /: r ~'~,~, ~ . / ' ~ 1. , µ ~d r. i Y Y ~ ~ p ~ 1 B9 1~ ~ r f ~~.. ...r . 1~~, r ' _ _ .. •+•- .... mow- ..r..w ...............- . _ ~ v «~ 9fi ~ `~ i ~ ~ ` 65 p~ ~~ rr w ~r ~ ~Tii .+"~• ..w, w.. , ra r ; ~ I I.arx sr .r -• A44 /uu~lrta SCC/aex UMeS To /C I • F, _ ~ 7r llwtrur Of S4 /'[LT -Q vt4f.AaC "' '. ~ a ~ Ib ~ 67 6S. ~ or n.uart[t.o ^[y[xrs ` 95 •.I Y • 66 u.a r, yl„ ll< >r - 69 7G ~ • 4 1~ Yl i x $, tiaai Y $ ~ + i3+S Y 71 x+y`\ I ~ ~ ~ Y ~ a S _~ M _ 1~.~4."~.~°. ~..~ .a.c PLAINFI,~ PART:-~,~r S Sly L:4CACR' S1Ft?c7 PWN~,a, iLLlIVC/5 6C5-- CE~(CC~~ Ltd. =+c~.ase a~.. {bl w aw• w ~ -r~+ .u. n r ~- -•~• ~.~ ~...: I.r ~ / G~+.4T~ l.: n~ir r \ Krw >r ~ 157 ~ O °I 77 r r l ~•~+ y ~~, ~ +: t I : .. .a.r,. r p~X, f, t • `~ lan. r ~ ~ ~r~ 1 ~ ,/ `. 1-._.v~-1 ~ `J 53 a _~~ ~. ~~r, i ~~ o~ J r, l ~~S p(,~ih•''ti~i I NARY ENG 1 VEER 1 NG P{~AN,...~ . ~~~XNIB~ I~~C• ' • ~.A L L ! N WOODS '~ PLAINFIELG, ILLINOIS ~ +~,:~.~: ~~_ ~ 'i'~•; .ail:: i -' :t ,~ ..,lea ..~~.. ~! / .- ',~o „m vac .-a ,.~o ~ .u ...c...,b. .r; • ... , i%:: • ,+. r ..7 .r..-~, . _ ~ - :'!*•' ~~ ~ • • ~~ :b: / . _;I _ . ~• _ ice. .~.~ - I-- "- t I,. = I ~ M •:: a~. ,: ~i / _ ~ „•~ Imo. `~') _ .~ -.I _ ••~, •~.,.,. ;,`,: ; ~ ' .•~ / ~~. f ~_- ~. , - l ~ ~•'; ' sue: i,~ ~' ~1 r. :.C.. ~: ~ /- l V ' • ,f ~~+~~~ ~,~,r , lw„Sµ,f 1"'~ --,.9 C'Ya _ i ' ~ _ ~O IMwQ'1 ~ w \P7~t faCCT nr.•+~a uaoY a+`+ i -~u~ -~ 4'"'~' ~ CEMCON. 4Cd. I I ---:ter- ~rl - . _ ~~ __--__ -- ~~ ~-- f '~ ~ ~ J ~"' t! C1 '~r G' EXHIBIT D Wallin Woods -Inclusions in Covenants & Restrictions Attached Single Family Homes: Section 1. No lots shall be used except for residential purposes nor shall any trade, business, or commercial enterprise of any type whatsoever be permitted or maintained on any of the lots. Section 2. All dwelling units constructed in Parcel A of Wallin Woods shall provide at a minimum the following square footage of finished living quarters; a) one-story single family attached dwelling units; 1,000 square feet b) two-story single family attached dwelling units: 1,300 square feet Section 3. All dwelling units shall conform to the following requirements and regulations: a) Bulk Regulations: 1) Maximum density: 2) Minimum yards: Front Side Rear 3) Building separation:. 4) Parking: 120 homes for Parcel A 22' from private drive 30' from exterior R.O. W . 10' 30' from property perimeter Front to front - 75' Front to side ~ 55' Front to rear -not allowed Side to side - 20' (10' sideyard each) Rear to rear - 60' Rear to side - 40' Minimum of one car garage and 2 drive spaces plus 20 % guest parking (4.0 per unit) Section 4. No temporary building, trailer, mobile home, recreational vehicle, tent, shack or other similar improvement shall be located upon any property within the project. Exception: Temporary sales and construction facilities related to the sales and development of the subject property. WW Annex ~S, August 27, 1996 ~~ Section 5. The repair and maintenance of any motorized vehicle shall not be permitted except within the confines of the garage of a dwelling. Section 6. No home occupations nor businesses are permitted. The only permitted uses shall be single-family attached or detached homes. Section 7. No metal or stockade fences are permitted. Section 8. No camping trailers, boats, tractors, trucks, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stored, or left unattended, .permanently or temporarily, on any of the lots, except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked on the owners' driveway and public streets as permitted by law. Section 9. No bicycles, carriages, or other articles shall be stared or left visible on any lot except when in use. Section 10. No signs of any kind shall be displayed to the public view on any lot except a) one sign of not more than five square feet advertising the property for sale or rent or such other dimension approved by the Homeowners Association and b) any and all signs used by Partners in connection with developing and advertising lots for sale. Section 11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained far any commercial purpose. No dog kennels of any type shall be kept or maintained on any of the lots. Section 12. No weeds, underbrush, or other unsightly growths shall. be permitted to grow or remain upon any of the lots, and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be properly maintained. No trash, garbage or other waste containers shall be stored, kept, or maintained anywhere except within the dwelling units or the garages on each of the lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. These restrictions shall not apply while a building is under construction. Section 13. No drilling or mining operations of any type whatsoever shall be permitted upon or in any of the lots, nor shall any wells, tanks, tunnels, excavations or shafts be permitted upon or in any of the lots. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any of the lots. WW Annex ~~ August 27, 1996 r f~ ~ ~ `:~~_~~~~~~ Section 14. No exterior television antennas, television satellite dishes, radio antennas, or lights of any type whatsoever shall be erected or installed and maintained, temporarily or permanently except such antennas or lights which shall be erected or installed or approved by the Homeowners Association. Section 1S. No pools shall be erected, placed or maintained upon any of the lots, except community pools owned and maintained by the Homeowners Association and only with the written consensus of the coordinator. Section 16. All structures to be erected shall comply with all government regulations, including zoning and building codes. Section 17. All easements created herein shall be subject to all public utility easements heretofore or hereafter granted. ARTICLE VIII DESIGN STANDARDS Section 1. Minimum building and lot standards. All dwelling units shall conform to the following: a) SO % of all building fronts, both one-story and two-story, may incorporate any of the following: 1) Masonry, including brick and stone but excluding concrete block, split face block. or similar material. 2) Stucco (or similar material such as "Drivit"). 3) Cedar, beveled or lap siding, shakes and trim but excluding "T1-11" or similar. 4) Combination of the above. b) Chimneys are to be masonry; or pre-fab chimneys of a traditional design and style. c) The height of any dwelling unit shall not exceed 35' measured from the main entry level to the highest roof ridge or be more than 2 1/2 stories. d) All homes will have as minimum of a one car garage. e) All homes will have a minimum roof pitch of ~l/12 WW Annex A~rgg-27`' August 27, 1996 ~~ f) Driveway surfaces may be poured concrete, bomanite, brick or modular pavers or asphalt. No stone, screenings or other "loose" materials are permitted for driveways. g) Each driveway will have a minimum width of 18' and allow for off-street parking of at least two cars. h) Coach lights, driveway lights and security lights may be installed by each individual lot owner subject to prior approval of Partners. i) No sign of any kind shall be displayed to the public view on any lot except a professional sign of not more than five (S) square feet advertising the property for sale. or signs used by a builder to advertise the property during the construction and sales period. j) Walls and fences are permitted subject to Village Code, provided the following criteria are met: 1.) Placed so as to screen adjacent patio or deck areas only. 2.) Shall not be constructed to enclose any yard or space. 3.) May not exceed 6' in height within 12' of the rear of any building. 4.) May not exceed 4' within 12' of the front of any building. S.) Are not permitted within any side yard or beyond l2' from any building. Section 2. Minimum landscaping standards. The landscape design far each building site should provide the following minimum turf grass and plat materials; a) Turf grass -shall consist of sod in all front yards and parkways and all side yards which front a street. Side yards which do not front streets and all rear yards may be seeded although sodding throughout is suggested. b) Plant material sizes -the following minimum sizes shall be provided for plantings: Plant Material Type Minimum Size and Transplant Type Deciduous shade trees 2.S" BB Deciduous ornamental trees 8'BB (shrub form) 1. S "BB (tree form) Evergreen trees G'BB Deciduous shrubs 3-4'BB (standard species) Deciduous shrubs 18/24"BB or container (dwarf species) yVW Annex Page-2$~ August 27, 199G 3c r Evergreen shrubs 18/24"BB or container (standard species) Evergreen shrubs 18/24"BB or container (prostrate species) Groundcover/Perennial 3-4" pots c) Plant material quantities 1) Parkway trees .. deciduous shade trees shall be provided on the basis of one (1) tree per fifty (50) feet of street frontage, rounded to the nearest tree. 2) Required building site plantings -the following minimum amount of plantings should be provided for each home: (a) Quantity -three (3) trees per each attached home (excluding parkway trees in Item c) - 1 above. Six (6) shrubs per each attached home. (b) Type -fifty percent (50%) of the trees shall be deciduous shade trees with a minimum caliper of 2.5 inches. The remaining fifty percent (50%) of the trees may be deciduous ornamental trees or may be evergreen or deciduous shade trees. Fifty percent (50%) of the shrubs shall be evergreen shrubs. The balance may be evergreen or deciduous as desired. (c) Guarantee -all plant materials, except far annuals, shall carry a minimum of .one (1) year replacement guarantee. issued by the installing landscape contractor. This guarantee shall cover not only dead plants, but plants which are in a drying condition or which have failed to flourish to the extent their usefulness or aesthetic appearance has been impaired. Any tree with a cut or dead main leader or with a crown which is twenty-five percent (25 %) or more dead shall be replaced. WW Annex P~~ August 27, 1996 3/ EXHIBIT E Wallin Woods -Inclusions in Covenants and Restrictions Single-family Detached: Section I. No vacant lots shall be used except for residential purposes nor shall any trade, business, or commercial enterprise of any type whatsoever be permitted or maintained on any of the vacant lots. Section 2. All dwelling units constructed in Parcel D of Wallin Woods shall .provide at a minimum the following square footage of finished living quarters: a. One-story, single-family detached dwelling units: 1,600 square feet. b. Split-level, single-family detached dwelling units: 1,800 square feet. c. Two-story, single-family detached dwelling units: 2,000 square feet. Section 3. All dwelling units shall conform to the following requirements and regulations: a. Bulk regulations: (1) Minimum lot size: 9,000 square feet. (2) Building Setbacks: Front yard -Minimum of 30 feet. Rear yard -Minimum of 25% of depth of the lot to a maximum of 30 feet; decks may encroach not closer than 15 feet from a rear property line. Corner side yard -Minimum of 30 feet. Interior side yard -Minimum of 8 feet with a combined total of not less than 20' , except on the following lots: Minimum of 7.25 feet with a minimum total of 15 feet on the following lots: Unit 1 Lots 6, 7 and 16. Units 2-5 None. WW Annex Eage39-~ August 27, 1996 ~~ . Minimum of 8 feet with a minimum total of 17 feet on the following lots: Unit 1 Lots 8, 15, 20-26, 29-34, 36-43, and 48-50. Unit 2 Lots 73-82, 85, and 93-99. Unit 3 Lots 122-134, 136-138 and 140. Unit 4 Lots 158-163. Unit 5 None. Minimum of 8 feet with a minimum total of 18 feet on the following lots: Unit 1 Lots 17-19 Units 2-3 None Unit 4 Lots 149, 154 and 157 Unit 5 None Section 4. No temporary building, trailer, mobile home, recreational vehicle, tent, shack or other similar improvement shall be located upon any property within the project. Exception: Temporary sales and construction facilities related to the sales and development of the subject property. Section 5. The repair and maintenance of any motorized vehicle shall not be permitted except within the confines of the garage of a dwelling. Section 6. Home occupations and businesses permitted in residential areas shall be allowed subject to the restrictions imposed by ordinances of the Village of Plainfield. Newly constructed dwelling units shall be allowed to be used as model homes to promote the sale of additional homes within Wallin Woods. Use of a dwelling unit as a model home shall not be allowed after the first of the following to occur: a. Occupancy of the dwelling unit for residential purposes, or b. Six (6) months after closing with a third party by the model home operator on the last lot owned within Wallin Woods by the model home operator, exclusive of the model home lot. Section 7. No fence shall be erected, installed, or maintained which exceeds a height of 4 feet, except that fences which enclose in-ground pools, hot tubs or whirlpools shall not exceed the less restrictive of either (1) 4 feet or (2) the minimum height requirement required by Village or State regulations. Fencing which exceeds 4 feet in height for the purpose of enclosing a hot tub or whirlpool shall not be located farther than 10 feet from the perimeter of the hot tub and/or whirlpool. No fencing of any type or any height shall be located within any front yard setback WW Annex Page-3'1-' August 27, 1996 3~ ~~~' ~~'~~7f3 or the 25 feet adjacent to aright-of--way within a corner side yard setback. No metal or stockade fences are permitted. Except as may be more restrictive herein, all fences shall comply with all ordinances and regulations of the Village of Plainfield. Section 8. No camping trailers, boats, tractors, trucks with Class B or higher license plates or any trucks with commercial signage or designation or used for commercial purpose, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stored, or left unattended, permanently or temporarily for a period exceeding 72 hours, on any of the lots, except in the garages on the. lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots maybe parked on the owners' driveway and public streets as permitted by law. Section 9. No bicycles, carriages, or other articles shall be stored or left visible on any lot except when in use. Section 10. No signs of any kind shall be displayed to the public view on any lot except a) one sign of not more than five square feet advertising the property for sale or rent or such other dimension approved by the Homeowners Association, and b) any and all signs used by Partners in connection with developing and advertising of lots for sale and c) model home signage approved by Partners or their assignee which shall not exceed 16 square feet per model home. Section 11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No dog kennels or enclosures for household pets of any type shall be kept or maintained on any of the lots except inside the dwelling units or garages. Section 12. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any of the lots, and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be property maintained. No trash, garbage or other waste containers shall be stored, kept, or maintained anywhere except within the dwelling units or the garages on each of the lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. These restrictions shall not apply while a building is under construction. Section 13. No drilling or mining operations of any type whatsoever shall be permitted upon or in any of the lots, nor shall any wells, tanks, tunnels, excavations or shafts be permitted upon or in any of the lots. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any of the lots. Section 14. No exterior television antennas, television satellite dishes over 20 inches in diameter, radio antennas, or ground lights of any type whatsoever (other than low voltage landscape lighting) shall be erected or installed and maintained, temporarily or permanently except WW Annex Page32^ August 27, 1996 3y ' R~ 3 ~~'~218~ such antennas or ground lights which shall be erected or installed and are approved by the Homeowners Association or developer of the single-family detached lots. Installation of the television satellite dishes of 20 inch or less diameter shall be subject to the installation restrictions approved by the Homeowners Association . Section 15. All structures to be erected shall comply with all government regulations, including zoning and building codes. DESIGN STANDARDS Section 1. Minimum building and lot standazds. All dwelling units shall conform to the following: a. All building fronts, one-story, split-level, and two-story, may incorporate any of the following: (1) Not less than 50% of front elevation of each home shall be masonry, including brick and stone but excluding concrete block, split face block or similar material or stucco, except that a front elevation of 100% cedar siding shall be allowed if all four elevations (front, both sides, rear) aze entirely cedar siding. (2) Stucco (or similaz material such as "Drivit"). (3) Combination of the above. (4) Aluminum and/or vinyl siding on greater than 50% of the building front of a dwelling unit shall only be allowed by exception and further shall only be allowed on not greater than 10% of the homes in Wallin Woods and shall not be allowed on adjacent lots and further shall be subject to the approval of Partners or their assignees. b. Chimneys are to be masonry; or pre-fab chimneys of a traditional design and style a The height of any dwelling unit shall not exceed 35' measured from the main entry level to the highest roof ridge or be more than 2'/z stories. d. All homes will have as minimum of a two-caz garage. e. All homes will have a minimum roof pitch of 4/12. Multiple roof pitches shall be required on not less than 50% of the homes in Wallin Woods Parcel D. WW Annex Page-33- August 27, 1996 ~_~ fAj~ ~~r,t'C.~U Driveway surfaces may be poured concrete, bomanite, brick or modular pavers or asphalt. No stone, screenings or other "loose" materials are permitted for driveways. g. Each driveway will have a minimum width of 18' and allow for off-street parking of at least two cars. h. Coach lights, driveway lights and security lights may be installed by each individual lot owner subject to prior approval of Partners or their assigns. No sign of any kind shall be displayed to the public view on any lot except a professional sign of not more than five (5) square feet advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period. Section 2. Minimum landscaping standards. The landscape design for each building site should provide the following minimum turf grass and plant materials: a. Turf grass -shall consist of sod in all front yards and parkways and all side yards which front a street. Side yards which do not front streets and all rear yards may be seeded although sodding throughout is suggested. b. Plant material sizes -the following minimum sizes shall be provided for plantings: Plant Material Type Minimum Size and Transplant Type Deciduous shade trees 2.5" BB Deciduous ornamental trees 8' BB (shrub form), 1.5" BB (tree form) Evergreen trees 6' BB Deciduous shrubs 3-4' BB (standard species) Deciduous shrubs 18/24" BB or container (dwarf species) Evergreen shrubs 18/24" BB or container (standard species) Evergreen shrubs 18/24" BB or container (prostrate species) Ground cover/Perennial 3-4" pots c. Plant material quantities: (1) Parkway trees -deciduous shade trees shall be provided on the basis of one (1) tree per fifty (50) feet of street frontage, rounded to the nearest tree, except that no parkway trees shall be planted within twenty-five (25) feet of the intersection of public rights-of--way. WW Annex Page~4-• August 27, 1996 3~ (2) Required building site plantings -the following minimum amount of plantings should be provided for each home: (a) Quantity - A minimum total of two (2) deciduous shade and/or deciduous ornamental and/or evergreen trees on each lot street frontage (excluding parkway trees in Item C-1 above). A minimum of twelve (12) shrubs per street frontage located on each frontage . One deciduous shade tree in each rear yard. (b) Type -fifty percent (50%) of the trees shall be deciduous shade trees with a minimum caliper of 2.5 inches. The remaining fifty percent (50%) of the trees may be deciduous ornamental trees or may be evergreen or deciduous shade trees. (c) Guarantee -all plant materials, except for annuals, shall carry a minimum of one (1) year replacement guarantee issued by the installing landscape contractor. This guarantee shall cover not only dead plants, but plants which are in a drying condition or which have failed to flourish to the extent their usefulness or aesthetic appearance has been impaired. Any tree with a cut or dead main leader or with a crown which is twenty-five percent (25%) or more dead shall be replaced. WW Annex Rage-35-~ August 27, 1996 3~ I I f r 7th M m m c a 0 a 2 ~o :~ a s~ :: ~ •~ :- .: ? F n Exhibit F R~~-;~3~~.2~/t3 EXHIBIT G CHAPTER 9 ARTICLE 14 Section 9-113 Section 9-114 Section 9-115 Section 9-116 Section 9-117 Section 9-118 Section 9-119 Section 9-120 F~{'f ,~;~,~~ ~~ B-5 TRADITIONAL BUSINESS DISTRICT Intent Permitted Uses Special Uses General Requirements Area Requirements Lot Width Requirements Yard Requirements Height Limitations/Bulk Regulations Section 9-113 INTENT: It is the intent of this district to accommodate the retail, service, and office uses and lot configurations which are characteristic of the traditional retail area of the Village. Section 9-114 PERMITTED USES: No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses: 1. Civic buildings. 2. Dwelling units, above the first floor level. 3. Eating and drinking establishments. 4. General retail. 5. Offices -General, business or professional; medical or dental. 6. Photography studios, including the developing of film and pictures when conducting as part of the retail business on the premises. WW Annex P~ August 27, 1996 .~~ y 7. Printing, publishing, and blueprinting establishments. 8. Theaters, indoor. 9. Pharmacy, Drug store. 10. Florist Shop. 11. Video Store. 12. Antique Shop. 13. Music Shop. 14. Delicatessen/meat market/butcher shop. 15. Services, including, but not limited to, barber shops, beauty shops, laundries, clothes cleaning and laundry pick-up stations, shoe repair, tailor shops, banks and financial institutions, including drive-in facilities, appliance repair shops, and similar stores or shops for the conducting of a service. 16. Other uses which are of the same general character as the above permitted uses, as recommended by the Zoning Administrator, and approved by the Village Board but specifically prohibiting those uses which are first permitted in the B-4 District. Section 9-115 SPECIAL USES: The following special. uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 9, Article 3 of this ordinance. 1. Community centers. 2. Cultural institutions. 3. Parking lots and garages. 4. Health Clubs. 5. Planned Unit Developments. 6. Public and private utility facilities. WW Annex Psge38-~ August 27, 1996 ~G~ ~~ 7. Meat Locker. 8. 9. 10. Section 9-116 Fraternal Lodge/Meeting Hall. Churches/Center for Worship. Outdoor eating and drinking establishments. GENERAL REQUIREMENTS: Dwelling units shall not be permitted below the second floor of any building or structure. 2. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced, wholesale as an accessory use shall be permitted if subordinate to listed permitted use in this district. All business shall be conducted within completely enclosed buildings except for off-street parking or loading. The normal services and sales offered at eating and drinking establishments are excluded from this provision. The Village Board may waive this provision by designating certain days on which business establishments may conduct their businesses outside the building or structure. 4. All outside storage areas of goods, materials, products and trash containers shall be enclosed with fences or landscaping of one hundred percent (100%) opacity. Exterior. lighting of the facility shall be directed away from surrounding properties. Such lighting. shall be directed immediately downward at no less than 90° angle from the light pole and shall fully comply with specifications and approvals required by the Village Site Development regulations. Parking shall conform to the requirements of the Village Board Approval. Section 9-117 AREA REQUIREMENTS: The minimum lot area shall be 4400 sq. ft. in the B-5 District. Section 9-118 LOT WIDTH REQUIREMENTS: The minimum lot width shall be 25 ft. in the B-5 District. WW Annex Page-39-, August 27, 1996 ~/ (~ `~ :~ Section 9-119 YARD REQUIItEMENTS: The minimum building setbacks and yard requirements shall be as follows: Front 0 ft. Side 0 ft. Rear 75 ft. Section 9-120 HEIGHT LIMITATIONS/BULK REGULATIONS: 1 2. wW Aanex The maximum height of all buildings and structures shall be 35 feet. The maximum floor area ratio for all buildings and structures shall be 2.5. P~g~46-- August 27, 1996 ~~