HomeMy Public PortalAboutOrdinance 1672
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ORDINANCE NO.~
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Mara Ann Stukel 09~'1~~96
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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~
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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:
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VILLAGE CLE ~
OWNERS:
PLAINFIELD PARTNERS, an Illinois
Partnership
By:
By: ~~ ~_~
V LAGE PRESIDENT
THE MACOM CORPORATION,
a Delaware Corporation
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By: i~ ~~
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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
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.
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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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:
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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
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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.
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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 ~
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OWNERS:
PLAINFIELD COMMERCIAL PARTNERS, L.L.C.
an Illinois corporation
Attest:
PLAINFIELD RESIDENTIAL PARTNERS, L.L.C.
an Illinois corporation
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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
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"~k`FIC~1I,~y"
M~rrilee&~
~~ ~~c, ate atmie~
~igCo~~9~98
WW Annex P~~~_1Z_-.~ August 27, 1996
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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
_.-.._-
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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.
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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
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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
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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
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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
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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.
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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.
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(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.
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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
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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.
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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.
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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.
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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.
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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.
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