Court still holds key to Villa Olivia plans

Elgin leaders next month will consider a developer's request for the city to annex 139 acres of the Villa Olivia golf course, which currently is part of Bartlett.

But regardless of what happens on April 9, the fate of what, if anything, is built on the golf course will be up to a three-judge appellate court panel.

A circuit court judge last month ruled that Villa Olivia can separate from Bartlett, but that a covenant prohibiting redevelopment at the site until 2022 should stand.

Both the village and Villa Olivia have appealed that decision, and the matter is now before an appellate court.

The Villa Olivia owners want to sell the land to Ryland Homes to pave the way for a development of 96 houses and 279 townhouses.

On April 9, Ryland homes will ask Elgin leaders to consider a pre-annexation agreement.

In a nutshell, it puts the pieces in place if two things happen: Villa Olivia is allowed to disconnect from Bartlett and if the courts throw out the covenant that runs through 2022.

Elgin leaders will pledge to annex the land and allow the project to proceed, only if Villa Olivia wins on both fronts.

"If it never happens, then Elgin will never (annex)," said Peter Bazos, an attorney representing Ryland.

A public hearing to gather opinions on the annexation will begin at 7 p.m. April 9 at Elgin City Hall, 150 Dexter Court.

Five of seven councilmen, a super-majority, must approve the annexation, said Bill Cogley, Elgin's corporation counsel.

"If the city decides to approve an annexation agreement, it will have those contingencies," he said.

Ten acres of Villa Olivia already is within Elgin city limits.

So the court case will not affect Ryland Homes' plan to erect 16 or 17 executive-style houses at the southwest corner of Biltmore Drive and Rose Lane.

The land is where the 15th and 17th holes are located.

Any plan must first be approved by the Elgin plan commission and city council before work can proceed.

Matt Pagoria, Ryland entitlements and government relations coordinator, said a final plan has not been drawn up for that area. Pagoria said homes will range from 2,800 to 4,000 square feet and start in the $400,000s.

He said the homes will be similar to nearby Castle Creek, which is another Ryland development that is sold out.