G53-14 Ordinance No. G53-14
AN ORDINANCE
GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE
STORMWATER MANAGEMENT ORDINANCE
FOR THE PROPERTY COMMONLY KNOWN AS
1201 GIFFORD ROAD
WHEREAS, the property at 1201 Gifford Road (the "Subject Property) consists of
approximately 297 acres and includes several industrial uses as well as an on-going sand and
gravel mining operation; 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)(12) of the Stormwater Management Ordinance requires a
maximum seven and a half foot maximum stipulated elevation difference between normal water
level and high water elevation (100 year storm); and
WHEREAS, the owner of the Subject Property has applied pursuant to Petition 05-14 for
a variation of Section 203(h)(12) of the Kane County Stormwater Management Ordinance which
requires the maximum allowable water level fluctuation shall be 7.5 feet; and where the owner
requests the approval to permit a 10 feet of maximum water fluctuation within the proposed
stormwater management detention basins; 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 ponds 22, 23 and 24 as identified in the
Overall Site Plan, Sheet 2 of 13 plan dated August 30, 2013 which 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 05-14.
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 05-14, seeking a variation from the provisions of Section
203(h)(12) of the Stormwater Management Ordinance which requires the maximum allowable
water level fluctuation shall be 7.5 feet and requests the permission to design and build detention
facilities with a 10 foot fluctuation, is hereby granted on the specified portions of the detention
basins proposed to be located on the property at 1201 Gifford Road, Elgin, Illinois, subject to the
owner's substantial conformance with the Statement of Purpose for Variance Submittal, prepared
by Baxter& Woodman letter dated July 1, 2014 and dated received July 15, 2014.
Section 3. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
David J. Kap m, yor
Presented: October 8, 2014
Passed: October 8, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: October 8, 2014 U/pBS PLUM l�,
Published: October 10, 2014 s
Attest: }
Kimberly Dewis, C ty Clerk