G34-13 Ordinance No. G34-13
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
4600 PLANK ROAD
(Jack E. Cook Regional Park)
WHEREAS, the first phase of development for the park property at 4600 Plank Road (the
"Subject Property") is approximately 23 acres and construction will include an access road off of
Plank Road into the park as well as a surface parking lot, basketball and tennis courts, two soccer
fields, walking paths and stormwater detention basins; and
WHEREAS, the city has pursuant to Title 21 of the Elgin Municipal Code, 1976, as
amended, adopted the Kane County Stormwater Management Ordinance, as amended, (the
"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 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 is 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 City of Elgin as owner of the Subject Property has applied pursuant to
Petition 24-13 for a variation of Section 203(h)(1) of the Stormwater Management Ordinance
which requires a minimum freeboard of two feet above the base flood elevation around the
perimeter of the southwest detention facility so as to allow the freeboard above the high water
level on the detention basins, to be less than the required two (2) feet at certain specified
locations around the perimeter of the basin with a minimum freeboard being no less than 1.23
feet and 1.46 feet 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
Management 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; 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 owner 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 & Zoning Commission unanimously recommended the
approval of the variation request under Petition 24-13.
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 24-13, 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
for the detention basins proposed to be located on the property at 4600 Plank Road, Elgin,
Illinois, which provide for a freeboard above the high water level on the detention basins of less
than two feet as set forth in the plans for such detention basins prepared by SmithGroup JJR,
dated June 17, 2013.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
avid J. Kapt , Ma or
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Presented: August 28, 2013
Passed: August 28, 2013
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: August 28, 2013
Published: August 30, 2013
i '
Attest:
4Z4
Kimberly Dewis, City Clerk `
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