S3-09 • Ordinance No. 53-09
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE FOR
THE PROPERTY COMMONLY KNOWN AS
301 WILLARD AVENUE (PRAIRIE 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 generally requires that any new
development shall not increase flood elevations or decrease flood conveyance capacity upstream
• or downstream of the subject site; and
WHEREAS, the City of Elgin's development of 301 Willard Avenue (the "Subject Site")
contemplates the construction of a recreational area including soccer fields, basketball courts, a
skate park, bicycle path, picnic area and adjoining off-street parking facilities to support those
amenities (the "Subject Site"); and
WHEREAS, the Subject Site is located entirely within the 100-year floodplain of the
Lord's Park Tributary; and
WHEREAS, the only option for providing the required stormwater runoff storage volume
for the Subject Site is within said floodplain; and
WHEREAS, Section 203(1) of the city's Stormwater Management Ordinance authorizes
the Subject Site's required stormwater runoff storage volume to be provided by enlarging
existing regulatory floodplain storage (onstream site runoff storage) as a variance, provided that
flood damage will not be increased and the development will not increase flood flows for both
the two-year and 100-year floods; and
WHEREAS, the city has applied, pursuant to Petition 44-08, for a variance pursuant to
Section 203(1) of the Stormwater Management Ordinance; and
•
• WHEREAS, the city's requested variance is the minimum necessary to permit the
development on the Subject Site and that all release rate, storage volume and basin-sizing
requirements are being met; and
WHEREAS, the city's requested variance will not increase the probability of flood
damage because the proposed development of the Subject Site meets the release rates and
detention volumes required by the Stormwater Management Ordinance; and
WHEREAS, the development of the Subject Site will include stormwater detention and
compensatory storage for floodplain fill utilizing Best Management Practices (BMPs), including
utilizing stormwater storage basins with natural planting; eliminating curb and gutter from the
parking lot to allow stormwater runoff to flow over vegetated surfaces before entering the storm
sewer system; providing retention volume beneath the pond outlet for sedimentation and
infiltration benefits; preserving Waters of the United States on the south side of the Subject Site;
and, maintaining much of the Subject Site as open space; and
WHEREAS, recognizing the ponds' location entirely within said floodplain on the
Subject Site, said ponds have been designed to store one hundred percent (100%) of the
stormwater runoff volume; the outlet restrictor has been designed to ensure the site release rate
requirements are not exceeded in the free-outlet condition; and, the development of the Subject
Site as a park increases the volume of storage on site and does not raise the flood elevations; and
WHEREAS, the stormwater management and detention facilities for the Subject Site
• have been designed in accordance with the Stormwater Management Ordinance's requirements
relating to allowable release rates under a fully developed state; and
WHEREAS, the existing Waters of the United States on the south side of the Subject Site
are being preserved, much of the Subject Site is being maintained as open space, and the volume
and the volume of floodplain storage on the Subject Site is being increased; and
WHEREAS, the city's Planning and Development Commission recommended approval
of the variance request under Petition 44-08 during its September 15, 2008 meeting, the Planning
and Development Commission's finding of facts for Petition 44-08 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 44-08, seeking a variance from the provisions of Section 203(1)
of the Stormwater Management Ordinance for the construction of a recreational area at 301
Willard Avenue including soccer fields, basketball courts, a skate park, bicycle path, picnic area
• and adjoining off-street parking facilities to support those amenities, is hereby granted, subject to
2
• the city's substantial conformance with its Statement and Purpose and Application for Variance
dated September 3, 2008, as prepared by V3 Companies of Illinois, Ltd.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
d Schock, Mayor
Presented: February 11, 2009
Passed: February 11, 2009
Omnibus Vote: Yeas: S Nays: 0
Recorded: February 12, 2009
Published:
Attest:
Diane Robertson, City Cle k
•
•
3