S10-07 Ordinance No. S 10-07
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
601 SOUTH STATE STREET (ELGIN SHORES FOREST PRESERVE)
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 development 601 South State Street (the "Subject Site") by the City of
Elgin and the Forest Preserve District of Kane County (collectively, the "developer")
contemplates the construction of a recreational area with adjoining off-street parking facilities, a
boat launch, a boardwalk, and grading for a detention basin and compensatory storage; and
WHEREAS, the development of the subject site is unique because it is located in the Fox
River floodplain, and strict compliance with the Stormwater Management Ordinance would
require filling the eastern portion of the proposed detention facility for the subject site in order to
create a berm two feet above the 100-year floodplain elevation of the Fox River; and
WHEREAS, the fill required to create the compensatory storage on the Subject Site
required under the Stormwater Management Ordinance will have a greater, negative impact to on
the on-site natural wetland and woodland areas on the subject site than the proposed stormwater
variations being sought; and
WHEREAS, the proposed stormwater variations essentially reduce the volume of the
proposed detention basin to a conservative, zero discharge rate due to the detention basin's
location in the floodplain; and
WHEREAS, the proximity of the detention basin to the Fox River suggests that the
detention basin will reach a peak elevation and access the compensatory storage on the Subject
Site before the Fox River reaches maximum crest; and
WHEREAS, the stormwater variance being sought for the Subject Site is not for the
purpose of increasing impervious area on the site,but rather to reduce floodplain fill, and will not
increase the probability of flood damage nor lessen the degree of protection to any structure; and
WHEREAS, the Subject Site is not located in the floodway or in a wetland and
incorporated Best Management Practices through water quality basins adjacent to impervious
areas; and
WHEREAS, the developer has applied, pursuant to Petition 12-07, for variances from
certain provisions of the of the Stormwater Management Ordinance, such sections being Section
203(i)(b) which governs the construction of storage facilities within the regulatory floodplain;
203(h)(1) which requires a minimum of two fee of freeboard above the base flood elevation
around the perimeter of detention facilities; and, 203(h)(12) which sets requirements for
maximum allowable water level fluctuation; and
WHEREAS, the city's Planning and Development Commission unanimously
recommended approval of the variance request under Petition 12-07 during its April 2, 2007
meeting, the Planning and Development Commission's finding of facts for Petition 12-07 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 12-07, seeking a variance from the provisions of Sections
203(i)(b), 203(h)(1) and 203(h)(12) of the Stormwater Management Ordinance, to construct a
recreational area with adjoining off-street parking facilities, a boat launch, a boardwalk, and
grading for a detention basin and compensatory storage, at 601 South State Street, is hereby
granted, subject to the developer's substantial conformance with the Statement and Purpose and
Application for Variance dated November 1, 2006, with revisions dated March 7, 2007, as
prepared by Christopher B. Burke Engineering, Ltd., and in substantial conformance with the
Development Plans prepared by Christopher B. Burke Engineering, Ltd., last dated April 17,
2007.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
Ed Schock, Mayor
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rik Presented: July 25, 2007
Passed: July 25, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 26, 2007
Published:
Attest:
Diane Robertson, City lerk
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