S2-08 •. Ordinance No. S2-08
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
3750-3751 WEST HIGHLAND AVENUE
(HPI-East Assemblage) (Petition 69-07)
WHEREAS, the approved preliminary plan for the property at 3750 and 3751 West
Highland Avenue (the "Subject Property) provides for 1,562 dwelling units, 70 acres of land
proposed for commercial development, a school site, a community recreation facility, active park
sites, passive open space areas and associate stormwater detention facilities; and
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
elk 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, Section 203(h)(1) of the stormwater management ordinance requires a
minimum freeboard of two feet above the base flood elevation around the perimeter of a
detention facility; and
WHEREAS, the owner of the Subject Property has applied pursuant to Petition 69-07 for
a variation of Section 203(h)(1) of the Kane County Stormwater Ordinance which requires a
minimum freeboard of two feet above the base elevation around the perimeter of a detention
facility so as to allow the freeboard above the high water level on two detention basins, being
basins 5 and 17, to be less than the required two (2) feet at certain specified locations around the
perimeter of the two basins with a minimum freeboard being no less than 1'3" at the specified
locations; and
WHEREAS, the detention volume to be provided within the proposed stormwater
detention facilities on the Subject Property satisfies all requirements of the city's stormwater
ordinance; and
WHEREAS, the requested variation will not increase the probability of flood damage or
create an additional threat to public health, safety and welfare, nor lessen the degree of protection
to any structure, two feet of freeboard will be retained around the majority of the perimeter of the
two basins to which the variation request refers, and where the required two feet of freeboard
cannot be provided, a minimum of 1'3" will be required; and
WHEREAS, the requested variation is limited to specific locations on the perimeter of
two of the detention basins, is the minimum required to work within the constraints caused by
the fixed grade elevations of adjoining roadways and the natural topography of the surrounding
land; and
WHEREAS, the Subject Property has been significantly impacted by the natural
topography of the existing roadways and adjacent properties and the developer is meeting all of
the other requirements of Title 21 relative to the design of the basins; and
WHEREAS, the city's consulting engineer for this matter and the city engineer have
concurred that the variance submittal is in conformance with the Kane County Stormwater
Ordinance requirements; and
WHEREAS, the city's Planning and Development Commission unanimously
recommended the approval of the variation request under Petition 69-07.
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 69-07, seeking a variation from the provisions of Section
203(h)(1) of the Stormwater Management Ordinance which establishes a minimum freeboard of
two feet above the base flood elevation on the perimeter of a detention facility, is hereby granted
on the specified portions of the detention basins 5 and 17 proposed to be located on the property
at 3750 and 3751 West Highland Avenue, Elgin, Illinois, subject to the owner's substantial
conformance with the Statement of Purpose for Variance Submittal, prepared by Cowhey
Gudmundson Leder, Ltd., dated June 26, 2007.
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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 Schoc , Mayor
Presented: January 23, 2008
Passed: January 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: January 24, 2008
Published: January 25, 2008
Attest:
Diane Robertson, City lerk
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