S13-06 Ordinance No. S 13-06
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY
KNOWN AS 190 SOUTH GROVE AVENUE (FESTIVAL PARK)
WHEREAS, the city has adopted a Stormwater Management Ordinance to promote
effective, equitable, acceptable and legal stormwater management measures by establishing
reasonable 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
provisions 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 city's development of Festival Park at 190 South Grove Avenue
contemplates the construction of restroom facilities for park patrons; and
WHEREAS, the topography of Festival Park is such that the floor of the proposed
restroom facilities will be located at the base flood elevation (BFE), the BFE being the water
surface elevation that can be expected during a 100-year frequency flood event that has a one
percent statistical probability of being equaled or exceeding in any given year; and
WHEREAS, the BFE at the location of the proposed restroom facilities is approximately
three feet below the FPE; and
WHEREAS, the city has applied, pursuant to Petition 25-06, for a variance from the
provisions of Section 406(a) of the Stormwater Management Ordinance which requires permits
the installation of new and replacement water supply systems, wells and sanitary sewer lines if
all manholes or other above-ground openings located below the FPE are watertight; and
WHEREAS, the city has also applied, pursuant to Petition 25-06, for a variance from
Section 407(b) of the Stormwater Management Ordinance which requires the lowest floor of all
new or substantially improved non-residential buildings to be elevated at least to the FPE or to be
structurally floodproofed to at least the FPE; and
rWHEREAS, the city has designed the restroom facilities to withstand the effects of
C flooding up the to FPE by both elevating the building above the BFE and by wet floodproofing
the building to the FPE; and
WHEREAS, the city's Planning and Development Commission unanimously
recommended approval of the city's variance request under Petition 25-06 during its April 17,
2006 meeting, the Planning and Development Commission's finding of facts for Petition 25-06
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,
Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated 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 25-06, in which the City of Elgin applied for a variance from
the provisions of Sections 406(a) and Section 407(b) of the Stormwater Management Ordinance
to construct a restroom facility at Festival Park, at 190 South Grove Avenue, is hereby granted,
subject to the city's substantial conformance with the city's Statement and Purpose and
Application for a Variance dated February 1, 2005 and prepared for Hitchcock Design Group by
Hey and Associates.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
App , / /
Schoc , ayor
Presented: June 14, 2006
Passed: June 14, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 15, 2006
Published:
Attest:
Dolonna Mecum, City Clerk