HomeMy WebLinkAboutS3-07 Ordinance No. S3-07
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
1000 SOUTH RANDALL ROAD (WAL-MART/SAM'S CLUB)
WHEREAS, the city has adopted a Stormwater Management Ordinance to promote effec-
tive, equitable, acceptable and legal stormwater management measures by establishing reason-
able rules and regulations for development that include managing and mitigating the effects of
urbanization on stormwater drainage through planning, appropriate engineering practices and
proper maintenance, and through the promulgation of rules and regulations for protecting the
public health and safety and reducing the potential for loss of human life and property from flood
damage; and
WHEREAS, the Stormwater Management Ordinance is codified in Title 21 of the Elgin
Municipal Code and includes standards and procedures for granting variances from the provi-
sions of the Stormwater Management Ordinance when strict compliance with the requirements of
the Stormwater Management Ordinance are impracticable; and
WHEREAS, the Stormwater Management Ordinance requires new construction to be
made at the flood protection elevation (FPE); and
WHEREAS, the development of 1000 South Randall Road (the "Subject Site") by Wal-
Mart Stores, Inc., Sam's West, Inc. and Sam's Real Estate Business Trust (the "developer") con-
templates the construction of commercial retail structures with adjoining off-street parking facili-
ties; and
WHEREAS, the Subject Site has been significantly impacted by required right-of-way
for highway improvements, detention for those highway improvements and necessary treatments
for the man-made drainage channel, including wetland enhancements, buffers and bridges); and
WHEREAS, the developer of the Subject Site has applied, pursuant to Petition 75-06, for
a variance from the provisions of Section 203(h)(12) of the Stormwater Management Ordinance
which establishes a maximum allowable water level fluctuation in the detention basins to five (5)
feet; and
WHEREAS, the variance from the provisions of Section 203(h)(12) of the Stormwater
Management Ordinance requested in Petition 75-06 seek a three and one-half(3 1/2) foot increase
in the maximum water fluctuation in the detention basins on the Subject Site to eight (8) feet
from the five (5) feet established under Section 203(h)(12); and
WHEREAS, the stormwater management system on the Subject Site has been designed
to incorporate a series of"best management" practices to improve overall water quality of the
stormwater runoff generated by the development on the Subject Site, including bio-swale park-
ing islands; wet-bottom retention basins for primary settling; and, a wet-bottom detention pond
for infiltration prior to the ultimate discharge to on-site Waters of the United States; and
WHEREAS, the detention volume within the stormwater retention ponds satisfies all re-
quirements of the city's Stormwater Management Ordinance; and
WHEREAS, the Subject Site's stormwater management system and detention facilities
have been designed in accordance with the requirements of the city's Stormwater Management
Ordinance as it relates to allowable release rates under the fully developed state so that the over-
all runoff of the Subject Site decreases under developed conditions; and
WHEREAS, the existing Waters of the United States on the Subject Site is being pre-
served and enhanced with a fifty-foot buffer on each side in accordance with United States Army
Corps of Engineers requirements and the enhanced area will be subject to a deed restriction and
is noted as a drainage and conservation easement on the plat of subdivision for the Subject Site;
and
WHEREAS, the city's Planning and Development Commission unanimously recom-
mended approval of the city's variance request under Petition 75-06 during its August 21, 2006
meeting, the Planning and Development Commission's finding of facts for Petition 75-06 being
incorporated into this ordinance by reference as if set out herein in full.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illi-
nois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incor-
porated into this ordinance as if set out herein in full.
Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater
Management Ordinance, Petition 75-06, seeking a variance from the provisions of 203(h)(12) of
the Stormwater Management Ordinance to construct commercial retail structures with adjoining
off-street parking facilities, at 1000 South Randall Road, is hereby granted, subject to the devel-
oper's substantial conformance with the Statement and Purpose and Application for Variance
dated May 17, 2006, as prepared by Atwell-Hicks Development Consultants.
Section 3. That this ordinance shall be in full force and effect immediately upon its pas-
sage and publication in the manner provided by law.
ret =C3-7P/t,■soe"
Ed Schock, Mayor
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Presented: April 11, 2007
Passed: April 11, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 12, 2007
Published: April 13, 2007
Attest:
Dolonna Mecum, City Clerk
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