S4-07 f.
Ordinance No. S4-07
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY
KNOWN AS 1350 EAST CHICAGO STREET (HIGH POINT PLAZA)
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 by Dearborn Construction and Development, Ltd. (the
"developer") of High Point Plaza at 1350 East Chicago Street contemplates the construction of a
new Multiple-Tenant Commercial Building (the "Subject Site"); and
WHEREAS, the proposed stormwater discharge from the Subject Site will be less that the
existing stormwater discharge in its undeveloped state and will prevent any potential downstream
flooding; and
WHEREAS, the proposed stormwater management system for the Subject Site is a closed
system that will eliminate any potential safety concerns related to an exposed detention basin;
and
WHEREAS, open bottom catch basins will be used on all drainage structures within the
Subject Site and the islands located at the ends of the parking stalls will also be designed to catch
stormwater; and
WHEREAS, the topography of the Subject Site is such that an underground, pre-cast-
concrete vault storm water detention system must be constructed; and
WHEREAS, the creation of the underground pre-cast-concrete vault storm water deten-
tion system will sufficiently accommodate higher release rate and water level fluctuations of the
detention basin and will also permit a small detention volume of stormwater intended to create
infiltration and evaporation to be eliminated; and
WHEREAS, the developer has applied, pursuant to Petition 78-06, for a variance from
the provisions of Sections of the of the Stormwater Management Ordinance, such sections being
Section 203(b) which sets requirements for the site run-off storage requirements, 203(h)(12)
which sets requirements for maximum allowable water level fluctuation, and 203(g)(l) which
sets requirements for runoff from a 0.75 inch rainfall event over the hydraulically connected im-
pervious area; and
WHEREAS, the city's Planning and Development Commission unanimously recom-
mended approval of the variance request under Petition 78-06 during its September 5, 2006
meeting, the Planning and Development Commission's finding of facts for Petition 78-06 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 in-
corporated 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 78-06, in which Dearborn Construction and Development, Ltd.
applied for a variance from the provisions of Sections 203(b), 203(h)(12) and 203(g)(1) of the
Stormwater Management Ordinance to construct a multiple-tenant commercial building at High-
point Plaza, 1350 East Chicago Street, is hereby granted, subject to the developer's substantial
conformance with the Statement and Purpose and Application for a Variance dated Septem-
ber 22, 2005, and prepared by Marchris Engineering Limited.
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.
Ed Schock, Mayor
Presented: April 11, 2007
Passed: April 11, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 12, 2007
Published: April 13, 2007
Attest:
1".%,v`-(2.
Dolonna Mecum, City Clerk
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