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HomeMy WebLinkAboutG33-05 (elk Ordinance No. G33-05 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Tuscan Woods—2105 Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: THAT PART OF THE NORTH HALF OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF HIGHLAND AVENUE WITH THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 844.09 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 1684.53 FEET; THENCE NORTH 00°01'59" EAST ALONG A LINE 1684.53 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 482.07 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°58'01" WEST, A DISTANCE OF 10.17 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING OF NORTH 27°02'30" WEST, AN ARC LENGTH OF 69.07 FEET TO A POINT OF TANGENCY; THENCE NORTH • 36°02'08" WEST, A DISTANCE OF 230.37 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 580.00 FEET, AN ARC LENGTH OF 194.03 FEET; THENCE SOUTH 75°32'32" WEST, A DISTANCE OF 57.66 FEET; THENCE SOUTH 14°27'28" EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 75°32'32" WEST, A DISTANCE OF 84.00 FEET; THENCE SOUTH 76°22'37" WEST, A DISTANCE OF 50.12 FEET; THENCE SOUTH 83°11'21" WEST, A DISTANCE OF 50.19 FEET; THENCE NORTH 88°24'24" WEST, A DISTANCE OF 55.33 FEET; THENCE NORTH 79°35'30" WEST, A DISTANCE OF 55.33 FEET; THENCE NORTH 71°02'28" WEST, A DISTANCE OF 55.02 FEET; THENCE NORTH 64°19'13" WEST, A DISTANCE OF 51.94 FEET; THENCE NORTH 63°42'12" WEST, A DISTANCE OF 504.00 FEET; THENCE NORTH 26°17'48" EAST, A DISTANCE OF 130.00 FEET; THENCE NORTH 63°42'12" WEST, A DISTANCE OF 100.62 FEET; THENCE SOUTH 26°17'48" WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 63°42'12" WEST, A DISTANCE OF 145.86 FEET; THENCE NORTH 62°07'52" WEST, A DISTANCE OF 19.73 FEET; THENCE NORTH 62°29'40" WEST, A DISTANCE OF 69.92 FEET; THENCE NORTH 58°40'32" WEST, A DISTANCE OF 86.26 FEET; THENCE NORTH 31°42'46" WEST, A DISTANCE OF 86.26 FEET; THENCE NORTH 71°46'07" EAST, A DISTANCE OF 130.00 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING OF NORTH 36°21'58" EAST, AN ARC LENGTH OF 104.82 FEET; THENCE NORTH 00°57'49" EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 75°33'18" EAST, A DISTANCE OF 86.26 FEET; THENCE SOUTH 48°35'32" EAST, A DISTANCE 86.26 FEET; THENCE SOUTH 34°17'57" EAST, A DISTANCE OF 25.85 FEET; THENCE NORTH 23°32'13" EAST, A DISTANCE OF 393.34 FEET TO A POINT ON THE CENTERLINE OF HIGHLAND AVENUE; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF HIGHLAND AVENUE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTH 64°43'10" EAST, A DISTANCE OF 127.69 FEET; (2) THENCE SOUTH 63°39'10" EAST, A DISTANCE OF 723.28 FEET TO A POINT OF CURVATURE; (3) THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 3623.71 FEET, AN ARC LENGTH OF 135.79 FEET; THENCE SOUTH 24°12'00" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 520.00 FEET AND A CHORD BEARING OF SOUTH 04°55'42" EAST, AN ARC LENGTH OF 564.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 36°02'08" EAST, A DISTANCE OF 218.44 FEET TO A POINT ON A LINE 1684.53 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 16; THENCE SOUTH 00°01'59" WEST ALONG THE LAST SAID LINE, A DISTANCE OF 106.22 FEET TO THE POINT OF BEGINNING; CONTAINING 18.94 ACRES OF LAND, MORE OR LESS. THAT PART OF THE NORTH HALF OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF HIGHLAND AVENUE WITH THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 844.09 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 1684.53 FEET FOR THE POINT OF BEGINNING BEING ALSO A POINT ON THE NORTH LINE OF COUNTRY KNOLLS UNIT 12 SUBDIVISION RECORDED AS DOCUMENT NUMBER 1074714 IN KANE COUNTY, ILLINOIS; THENCE SOUTH 89°01'12" WEST ALONG THE NORTH LINE OF SAID COUNTRY KNOLLS UNIT 12 AND THE NORTH LINE OF COUNTRY KNOLLS UNIT 13 SUBDIVISION RECORDED AS DOCUMENT NUMBER 10889805 IN KANE COUNTY, ILLINOIS, A DISTANCE OF 960.45 FEET TO A POINT ON THE EAST LINE OF COUNTRY KNOLLS UNIT 14 SUBDIVISION RECORDED AS DOCUMENT NUMBER 1101736 IN KANE COUNTY, ILLINOIS; THENCE NORTH 00°01'30" EAST ALONG THE EAST LINE OF SAID COUNTRY KNOLLS UNIT 14, A DISTANCE OF 312.13 FEET; THENCE NORTH 71°32'46" EAST, rik A DISTANCE OF 148.43 FEET; THENCE NORTH 89°01'12" EAST, A DISTANCE OF 73.45 FEET; THENCE NORTH 11°20'04" EAST, A DISTANCE OF 56.38 FEET; THENCE NORTH 19°57'26" EAST, A DISTANCE OF 56.38 FEET; THENCE NORTH 28°26'08" EAST, A DISTANCE OF 54.50 FEET; THENCE NORTH 36°46'10" EAST, A DISTANCE OF 54.50 FEET; THENCE SOUTH 49°03'48" EAST, A DISTANCE OF 130.00 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 245.00 FEET AND A CHORD BEARING OF NORTH 75°19'15" EAST, AN ARC LENGTH OF 294.06 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70°17'42" EAST, A DISTANCE OF 91.37 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 270.00 FEET, AN ARC LENGTH OF 92.70 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°58'01" EAST, A DISTANCE OF 114.53 FEET TO A POINT ON A LINE 1684.53 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE SOUTH 00°01'59" WEST ALONG THE LAST SAID LINE, A DISTANCE OF 482.07 FEET TO THE POINT OF BEGINNING; CONTAINING 10.39 ACRES OF LAND, MORE OR LESS." Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] in this PSFR2 District: Residence Division. 1. "Single family detached dwellings" [SR] (UNCL). 2. "Residential garage sales" [SR] (UNCL). 3. "Residential occupations" [SR] (UNCL). 4. "Residential outdoor storage of firewood" [SR] (UNCL). 5. "Residential parking areas" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. "Development sales office" [SR] (UNCL). Services Division. 7. "Family residential care facility" [SR] (8361). 8. "Home child day care services" [SR] (8351). Construction Division. 9. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. "Radio and television antennas" [SR] (UNCL). 11. "Satellite dish antennas" [SR] (UNCL). 12. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 13. "Fences and walls" [SR] (UNCL). 14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. "Temporary uses" [SR] (UNCL). 16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a"conditional use" [SR] in this PSFR2 zoning district: Residences Division. 1. "Conditional residential occupations" [SR] (UNCL). Municipal Services Division. 2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. "Amateur radio antennas" [SR] (UNCL). 4. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 5. "Commercial antenna tower" [SR] (UNCL). 6. "Other radio and television antennas" [SR] (UNCL). 7. "Other satellite dish antennas" [SR] (UNCL). 8. "Pipelines, except natural gas" (461). 9. "Railroad tracks" (401). 10. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 11. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 10,000 square feet per dwelling unit. The minimum required lot area for a zoning lot shall be 12,000 square feet for all "through lots" [SR] and for all "corner lots" [SR]. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be seventy-five (75) linear feet. The minimum required "lot width" [SR] for a zoning lot shall be ninety(90) linear feet for"corner lots" [SR]. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be thirty(30) linear feet. b. Side Setback. The minimum required building setback from a "side lot line" [SR] shall be ten (10) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than twenty(20) linear feet. c. Interior Setback. The minimum required building setback from an"interior lot line" [SR] shall be ten(10) linear feet. d. Rear Setback. The minimum required building setback from a "rear lot line" [SR] shall be forty(40) linear feet e. Transition Setback. The minimum required building setback from a"transition lot line" shall be ten (10) linear feet. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. Front porches and porticos not open to the sky may encroach no more than six (6) linear feet into the minimum required building setback from a "street lot line" [SR]. Porticos shall be defined as a covered entryway which protrudes from the main façade of the dwelling, but which is not as wide as the façade itself. 8. Residential Floor Area. In this SFR2 Zoning District, the maximum "residential floor area" [SR] for a single-family zoning lot shall be calculated as follows: For the construction of a new single-family detached dwelling, residential floor area(RFA) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus ten thousand (10,000) square feet; the difference times 0.20; the product plus three thousand five hundred (3,500) square feet. Maximum residential floor area can be expressed in the following "site capacity formula" [SR]: RFA= [(ZLA- 10,000) x 0.20] + 3,500. For the construction of an addition to an existing single-family detached dwelling, residential floor area (RFA) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus ten thousand (10,000) square feet; the difference times 0.10; the product plus three thousand (3,000) square feet. Maximum residential floor area can be expressed in the following "site capacity formula" [SR]: RFA = [(ZLA - 10,000) x 0.10] + 3,000. 9. Building Coverage. Building Coverage: In this SFR2 Zoning District, the maximum "building coverage" [SR] for a single-family zoning lot shall be as follows: For the construction of a new single-family detached dwelling, building coverage (BC) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus ten thousand (10,000) square feet; the difference times 0.1632; the product plus three thousand five hundred forty nine (3,549) square feet. Maximum building coverage can be expressed in the following "site capacity formula" [SR]: BC = [(ZLA - 10,000) x 0.1632] + 3,549. For the construction of an addition to an existing single-family detached dwelling, building coverage (BC) in square feet shall equal "zoning lot area" [SR] in square feet (ZLA) minus ten thousand (10,000) square feet; the difference times 0.0882; the product plus three thousand one hundred seventy four(3,174) square feet. Maximum building coverage can be expressed in the following "site capacity formula" [SR]: BC = [(ZLA- 10,000) x 0.0882] + 3,174. 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the"zoning lot area" [SR] times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot and common areas shall be developed in substantial conformance to the landscape plans as submitted with the Preliminary Landscape Plan, Foundation Landscape eiRk Plans, and Tree Preservation Plan, prepared by Williams Design Group, dated July 1, 2004, and last revised December 2, 2004. 13. Supplementary Regulations. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. Substantial conformance to the Preliminary Plat, prepared by Land Vision, dated December 1, 2004, subject to revisions as required by the Community Development Group and the Engineering Division. 2. Substantial conformance to the Preliminary Engineering Plan, prepared by Cowhey Gudmundson Leder, Ltd., dated May 1, 2003, and last revised December 16, 2004, subject to revisions as required by the Community Development Group and the Engineering Division. 3. Substantial conformance to the Preliminary Landscape Plan, Foundation Landscape Plans, and Tree Preservation Plan, prepared by Williams Design Group, dated May 22, 2003 and last revised December 2, 2004, subject to revisions as required by the Community Development Group, Engineering Division, and the Parks and Recreation Department. A dense landscaping buffer shall be provided south of the proposed bridge, east of Airlite Street extended. Additionally, the rating of all substantial Bur Oaks and Shagbark Hickory trees which are proposed to be removed as part of this development shall be confirmed with the City Forester or other staff, and all reasonable attempts shall be made to preserve those trees. 4. Substantial conformance to the Building Elevations, prepared by Ryland Homes, as attached to the Annexation Agreement dated January 12, 2005 as Exhibit K. Street facing elevations shall consist primarily of natural building materials (as defined in the Annexation Agreement), and should otherwise conform to the Far West Area Design Guidelines with respect to building materials. 5. The developer may deed the open space parcel containing approximately 23.77 acres, excluding wetland, to the City, in accordance with the letter from Matt Pagoria to Todd Wyatt, dated November 22, 2004, subject to the review and approval of the Community Development Group, Engineering Division, and the Parks and Recreation Department. 6. Right and left turn lanes shall be provided at the intersection of Highland Avenue and Airlite Street. 7. The bike path shall extend from the southwestern portion of the subject property to Airlite Street. Sidewalks shall be constructed on both sides of Airlite Street. 8. The developer shall provide a bike path easement along the full frontage of Highland Avenue. The developer shall provide sidewalks along both sides of Airlite Street, and shall provide a sidewalk easement along the south side of Highland Avenue. 9. The Roadway Impact Fee will be waived, in exchange for Ryland installing 4 street lights along Highland Avenue, per City standard specifications, subject to review and approval of the Community Development Group and the Engineering Division. 1�► 10. The provisions of paragraphs 5 and 53 of the Annexation Agreement are incorporated herein. 11. Additions to any residential structures on the subject property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. 12. There shall be compliance with all applicable codes and ordinances not otherwise modified as set forth in the Annexation Agreement. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. In this PSFR2 District, any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. 0. Subdivisions — Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings — Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schoc , ayor Presented: February 23, 2005 Passed: February 23, 2005 Vote: Yeas: 6 Nays: 0 Recorded: February 24, 2005 Published: Attest: 4 /1A-e.....cui.--- Dolonna Mecum, City Clerk