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G11-07 (2) • Ordinance No. G11-07 AN ORDINANCE AMENDING ORDINANCE G74-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Shadow Hill Unit 4 Subdivision - 3625 and 3650 Water Road) 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 section 19, township 41 north, range 8 east of the third principal meridian and part of section 24, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west, 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 392.47 feet to the point of beginning; thence continue northeasterly along said line, 2643.37 feet thence north 64 degrees 53 minutes 18 seconds east, 238.58 feet; thence north 66 degrees 17 minutes 37 seconds east, 96.68 feet; thence north 73 degrees 24 minutes 10 seconds east, 97.02 feet; thence north 81 degrees 08 minutes 04 seconds east, 97.14 feet; thence north 87 degrees 30 minutes 09 seconds east. 62.82 feet; thence south 89 degrees 59 minutes 50 seconds east, 99.50 feet; thence south 00 degrees 00 minutes 10 seconds west, 499.00 feet; thence south 89 degrees 59 minutes 50 seconds east, 100.00 feet; thence southerly, tangent to the last described course, 319.67 feet along a curve concave to the west, having a radius of 101.75 feet, the chord of said curve bearing south 00 degrees 00 minutes 10 seconds west; thence north 89 degrees 59 minutes 50 seconds west, 100.00 feet; thence south 00 degrees 00 minutes 10 seconds west, 364.28 feet; thence southerly, tangent to the last described course, 176.80 feet along a curve concave to the west, having a radius of 250.00 feet, the chord of said curve bearing south 20 degrees 15 minutes 47 seconds west; thence south 40 degrees 31 minutes 24 seconds west, 756.39 feet; thence south 49 degrees 28 minutes 36 seconds east, 158.00 feet; thence south 40 degrees 31 minutes 24 seconds west, 320.00 feet; thence south 12 degrees 23 minutes 14 seconds west, 90.72 feet; thence south 12 degrees 31 minutes 57 seconds east, 94.29 feet; thence south 02 degrees 44 minutes 57 seconds west, 82.64 feet; thence south 18 degrees 01 minutes 51 seconds west, 76.73 feet; thence south 31 degrees 09 minutes 27 seconds west, 60.74 feet; thence south 40 degrees 31 minutes 24 seconds west, 210.86 feet; thence south 54 degrees 29 minutes 12 seconds west, 66.01 feet; thence south 89 degrees 03 minutes 54 seconds west, 189.96 feet; thence north 75 degrees 52 minutes 55 seconds west, 91.35 feet; thence north 63 degrees 02 minutes 44 seconds west, 84.71 feet; thence north 49 degrees 28 minutes 36 seconds west, 492.54 feet; thence south 40 degrees 31 minutes 24 seconds west, 289.05 feet; thence south 57 degrees 23 minutes 51 seconds west, 64.27 feet; thence south 61 degrees 59 minutes 38 seconds west, 52.64 feet; thence south 75 degrees 01 minutes 38 seconds west, 77.91 feet; thence south 88 degrees 03 minutes 38 seconds west, 77.91 feet; thence north 78 degrees 54 minutes 22 seconds west, 77.91 feet; thence north 65 degrees 52 minutes 22 seconds west, 77.91 feet; thence north 52 degrees 50 minutes 22 seconds west, 77.91 feet; thence north 39 degrees 48 minutes 22 seconds west, 77.91 feet; thence north 26 degrees 46 minutes 22 seconds west, 74.03 feet; thence north 13 degrees 44 minutes 22 seconds west, 85.45 feet; thence north 00 degrees 42 minutes 22 seconds west, 163.35 feet; to the point of beginning, excepting therefrom that part described as follows; commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west (bearings assumed for description purposes), 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 1555.21 feet; thence southeasterly, 183 feet perpendicular to the last described course to the point of beginning; thence north 40 degrees 31 minutes 24 seconds east, 346.00 feet; thence south 49 degrees 28 minutes 36 seconds east, 632.00 feet; thence south 40 degrees 31 minutes 24 seconds west, 346.00 feet; thence north 49 degrees 28 minutes 36 seconds west, 632.00 feet; to the point of beginning, in Kane County, Illinois. And also, that part of section 19, township 41 north, range 8 east of the third principal meridian and part of section 24, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west, 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 2844.84 feet; thence north 72 degrees 38 minutes 04 seconds west, 1040.52 feet; thence - 2 - rob- northeasterly, tangent to the last described course, 262.37 feet along a curve concave to the northwest, having a radius of, 8121.32 feet, the chord of said curve bearing north 41 degrees 30 minutes 19 seconds east; thence north 40 degrees 34 minutes 47 seconds east, 527.96 feet; thence south 49 degrees 31 minutes 14 seconds east, 905.83 feet; thence north 40 degrees 32 minutes 50 seconds east, 124.85 feet to the point of beginning; thence continue northeasterly along the last described course, 1954.45 feet; thence south 48 degrees 39 minutes 04 seconds east, 798.19 feet; thence south 35 degrees 25 minutes 59 seconds west, 1664.09 feet; thence north 49 degrees 27 minutes 10 seconds west, 281.45 feet; thence south 40 degrees 32 minutes 50 seconds west, 310.44 feet; thence southwesterly, tangent to the last described course, 67.65 feet along a curve concave to the southeast, having a radius of 150.00 feet, the chord of said curve bearing south 27 degrees 37 minutes 35 seconds west to a point of reverse curvature; thence southwesterly tangent to the last described course, 67.65 feet along a curve concave to the northwest, having a radius of 150.00 feet, the chord of said curve bearing south 27 degrees 37 minutes 35 seconds west; thence south 40 degrees 32 minutes 50 seconds west, 219.12 feet; thence southwesterly, tangent to the last described course, 128.65 feet along a curve concave to the northwest, having a radius of 150.00 feet, the chord of said curve bearing south 65 degrees 07 minutes 00 seconds west; thence south 00 degrees 00 minutes 10 seconds west, 168.00 feet; thence north 89 degrees 59 minutes 50 seconds west, 729.50 feet; thence south 88 degrees 32 minutes 02 seconds west, 45.11 feet; thence south 85 degrees 49 minutes 11 seconds west, 38.26 feet; thence south 83 degrees 19 minutes 43 seconds west, 38.26 feet; thence south 80 degrees 50 minutes 15 seconds west, 38.26 feet; thence south 78 degrees 20 minutes 47 seconds west, 38.26 feet; thence south 75 degrees 51 minutes 19 seconds west, 38.26 feet; thence south 73 degrees 21 minutes 51 seconds west, 38.26 feet; thence south 70 degrees 52 minutes 23 seconds west, 38.26 feet; thence south 68 degrees 22 minutes 55 seconds west, 38.26 feet; thence south 66 degrees 00 minutes 44 seconds west, 34.52 feet; thence south 64 degrees 53 minutes 18 seconds west, 284.00 feet; thence south 66 degrees 30 minutes 05 seconds west, 88.66 feet; thence south 73 degrees 24 minutes 55 seconds west, 94.30 feet; thence south 80 degrees 55 minutes 22 seconds west, 94.25 feet; thence south 88 degrees 25 minutes 35 seconds west, 94.20 feet; thence north 84 degrees 04 minutes 26 seconds west, 94.16 feet; thence north 76 degrees 34 minutes 39 seconds west, 94.11 feet; thence north 69 degrees 36 minutes 25 seconds west, 80.97 feet; thence north 62 degrees 45 minutes 03 seconds west, 91.24 feet; thence north 56 degrees 14 minutes 48 seconds west, 72.14 feet; thence north 50 degrees 30 minutes 14 seconds west, 72.14 feet; thence north 42 degrees 25 minutes 51 seconds east, 155.00 feet; thence south 27 degrees 36 minutes 07 seconds east, 35.11 feet; thence north 42 degrees 25 minutes 51 seconds east, 366.46 feet; thence north 72 degrees 36 minutes 07 seconds west, 36.42 feet; thence north 42 - 3 - degrees 25 minutes 51 seconds east, 523.68 feet; thence north 64 degrees 53 minutes 18 seconds east, 37.26 feet; thence easterly, tangent to the last described course, 750.86 feet along a curve concave to the south, having a radius of 1713.00 feet, the chord of said curve bearing north 77 degrees 26 minutes 44 seconds east; thence south 89 degrees 59 minutes 50 seconds east, 436.12 feet; thence easterly, tangent to the last described course, 73.28 feet along a curve concave to the south, having a radius of 583.00 feet, the chord of said curve bearing south 86 degrees 23 minutes 47 seconds east; thence north 10 degrees 26 minutes 58 seconds east, 43.41 feet; thence northeasterly, tangent to the last described course, 96.13 feet along a curve concave to the southeast, having a radius of 183.00 feet, the chord of said curve bearing north 25 degrees 29 minutes 54 seconds east; to the point of beginning, excepting therefrom that part described as follows: commencing at the southwest corner of the southeast quarter of said section 24; thence north 01 degrees 00 minutes 28 seconds west (bearings assumed for description purposes), 313.50 feet; thence north 40 degrees 31 minutes 24 seconds east, 2844.84; thence north 72 degrees 38 minutes 04 seconds west, 1040.52 feet; thence north 42 degrees 25 minutes 51 seconds east, 1399.19 feet; thence northeasterly, tangent to the last described course, 262.37 feet along a curve concave to the northwest, having a radius of 8121.32 feet, the chord of said curve bearing north 41 degrees 30 minutes 19 seconds east; thence north 40 degrees 34 minutes 47 seconds east, 527.96 feet; thence south 49 degrees 31 minutes 14 seconds east, 905.83 feet; thence north 40 degrees 32 minutes 50 seconds east, 1919.10 feet; southeasterly, 155,69 feet perpendicular to the last described course to the point of beginning; thence south 48 degrees 39 minutes 04 seconds east, 440.62 feet; thence south 06 degrees 35 minutes 28 seconds east, 84.77 feet; thence south 35 degrees 28 minutes 07 seconds west, 268.47 feet; thence north 54 degrees 31 minutes 53 seconds west, 294.36 feet; thence north 49 degrees 27 minutes 10 seconds west, 232.86 feet; thence north 40 degrees 28 minutes 46 seconds east, 357.30 feet to the point of beginning, in Kane County, Illinois." 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 - 4 - 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. - 5 - rub* 10. "Radio and television antennas" [SR] (UNCL). 4 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). - 6 - 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: r - 7 - 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 twenty-five (25) 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 forty (40) 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, except as follows: rh 1. 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 2. Balconies (open decks exceeding 48 inches in structure height) located on the rear of a dwelling unit located on lots 23-29, 55-61, 67-71, as identified on the Final Plat of Subdivision for Shadow Hill Unit Four, prepared by V Consultants and dated February 7, 2005, with revisions dated June 13, 2005, may encroach into the required rear building setback as follows: a. Alcott Model # 2406: maximum allowable encroachment of 10 feet, b. Emerson Model #2496: maximum allowable encroachment of 3.17 feet, c. Hemingway Model # 2727: maximum allowable encroachment of 4.5 feet, d. Fitzgerald Model # 2854: maximum allowable encroachment of 5.17 feet, e. Longfellow Model # 3115: maximum allowable encroachment of 4.17 feet, f. Whitman Model # 3350: maximum allowable encroachment of 0.5 feet, g. Stienbeck Model # 3674: maximum allowable encroachment of 0.5 feet, - 8 - Approval of any encroachment shall also be in full conformance with subsections 13 a. and 13 b. of Section 2, paragraph G., of this Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.38 (38%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the "zoning lot area" [SR] times 0.26 (26%). 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, Signage Plan, and Typical Townhome Landscape Plan, prepared by Signature Design Group, dated February 25, 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: a. Substantial conformance with the Statement of Purpose submitted by John Nevenhoven, Land Entitlement Manager, Centex Homes, dated November 23, 2005. b. Substantial conformance with the Shadow Hill Unit 4 Deck Exhibit prepared by V Consultants and dated April 8, 2005. c. Substantial conformance to the Development Binder, prepared by Ryland Homes, dated June 14, 2004. d. Substantial conformance to the Preliminary Plat, prepared by Cemcon, Ltd., last revised June 21, 2004. e. Substantial conformance to the Preliminary Engineering Plan, prepared by Cemcon, Ltd., last revised June 21, 2004. f. Substantial conformance to the Illustrative Master Plan, Preliminary Landscape Plan, Signage Plan, and Typical Townhome Landscape Plan, prepared by Signature Design Group, dated February 25, 2004. g. Substantial conformance to the 4, 5, and 6 Unit Control Elevations and Control Plans, submitted by Ryland Homes, dated May 25, 2004. All building materials shall meet the design requirements of the Far West Area Plan. The - 9 - single family homes shall conform to the garage orientation recommendations of the Far West Area Plan. h. Additional building elevations for residential structures to be structures to be constructed on the Subject Property may be authorized and approved by the city's Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, the annexation agreement for the Subject Property and the architectural and design guidelines in the city's Far West Area Plan, as amended, including, but not limited to, the design guidelines provided for garages as set forth in Ordinance G6-01. i. 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 of any such residential structures. 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, 19.76, as amended. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 1947, 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. The maximum surface area of a"Development Sign" [SR] shall be 84 square feet. 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, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 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, the use and development of the land and structures 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 - 10 - e.. 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 zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as 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. M. 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. d Schock, Mayor r - 11 - Presented: February 14, 2007 Passed: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 15, 2007 Published: Attest: rtlesLim. Azd44st Dolonna Mecum, City Clerk 4- Jenn' er Quint,/, Deputy City Clerk r r - 12 -