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2004-092912/2004_B A ORDINANCE NO. 2004 - _U AN ORDINANCE APPROVING VARIATIONS OF THE BUFFALO GROVE DEVELOPMENT ORDINANCE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS ASAP Software Express, Inc. 850 Asbury Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, ASAP Software Express, Inc. (hereinafter referred to as the "Owner's is the owner of the real property within the corporate limits of the Village legally described in EXHIBIT A ( "Property ") attached hereto and made a part hereof; and, WHEREAS, said Property is zoned in the Industrial District pursuant to Ordinance No. 2004 -71; and, WHEREAS, the Annexation Agreement dated May 3, 2004 and approved by Ordinance No. 2004 -47 contemplates development of the Property pursuant to the plans and exhibits made a part of said agreement; and WHEREAS, the proposed plans for the stormwater management facility on the Property are consistent with the plans approved by the annexation agreement; and, WHEREAS, construction of the stormwater management facility as proposed requires variations of the Village Development Ordinance, Title 16 of the Buffalo Grove Municipal Code; and, WHEREAS, Owner has petitioned to the Village for approval of the following variations of the Development Ordinance pertaining to the design of the stormwater management facility: Section 16.50.040.C.4. - to allow side slopes of 3:1 instead of 5:1; a safety shelf of 5 feet in width instead of 12 feet; a depth of 5 feet instead of 15 feet; and no shoreline protection, aeration tâ–º i or 12 -foot wide flat area at the high -water line around the perimeter of the basin, pursuant to the following exhibits which are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT B Grading and Erosion Control Plan dated August 24, 2004 by Greengard Engineering WHEREAS, notice of the public hearing concerning the petition for approval of variations of the Development Ordinance was given and the public hearing was held by the President and Board of Trustees of the Village; and, WHEREAS, the President and Board of Trustees determined that the conditions for variations as set forth in Section 16.10.050 of the Development Ordinance have been met and that development of the Property on the terms and conditions herein set forth would be compatible with adjacent properties, would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant variations of Section 16.50.040.C.4. of the Development Ordinance as set forth above to allow construction of the stormwater management facility pursuant to the attached EXHIBIT B subject to the following conditions: A. Approval of the final landscaping plan by the Village Forester Section 3. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. 2 AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAPES: 0 - None ABSENT: 0 - None PASSED: September 13 '2004 APPROVED: September 13 , 2004 APPROVED: Village President ATTEST: ern. Villag lerk G:\ENrY NEER\Ord do Res\Ord042.doc 3 9/2/2004_ ORDINANCE NO. 2004 - 32 AN ORDINANCE APPROVING VARIATIONS OF THE BUFFALO GROVE DEVELOPMENT ORDINANCE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS ASAP Software Express, Inc. 850 Asbury Drive WHEREAS, the Village of Buffalo Grove is a Horne Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, ASAP Software Express, Inc. (hereinafter referred to as the "Owner ") is the owner of the real property within the corporate limits of the Village legally described in EXHIBIT A ( "Property ") attached hereto and made a part hereof; and, WHEREAS, said Property is zoned in the Industrial District pursuant to Ordinance No. 2004 -71; and, WHEREAS, the Annexation Agreement dated May 3, 2004 and approved by Ordinance No. 2004 -47 contemplates development of the Property pursuant to the plans and exhibits made a part of said agreement; and WHEREAS, the proposed plans for the stormwater management facility on the Property are consistent with the plans approved by the annexation agreement; and, WHEREAS, construction of the stormwater management facility as proposed requires variations of the Village Development Ordinance, Title 16 of the Buffalo Grove Municipal Code; and, WHEREAS, Owner has petitioned to the Village for approval of the following variations of the Development Ordinance pertaining to the design of the stormwater management facility: Section 16.50.040.C.4. - to allow side slopes of 3:1 instead of 5:1; a safety shelf of 5 feet in width instead of 12 feet; a depth of 5 feet instead of 15 feet; and no shoreline protection, aeration or 12 -foot wide flat area at the high -water line around the perimeter of the basin, pursuant to the following exhibits which are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT B Grading and Erosion Control Plan dated August 24, 2004 by Greengard Engineering WHEREAS, notice of the public hearing concerning the petition for approval of variations of the Development Ordinance was given and the public hearing was held by the President and Board of Trustees of the Village; and, WHEREAS, the President and Board of Trustees determined that the conditions for variations as set forth in Section 16.10.050 of the Development Ordinance have been met and that development of the Property on the terms and conditions herein set forth would be compatible with adjacent properties, would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant variations of Section 16.50.040.C.4. of the Development Ordinance as set forth above to allow construction of the stormwater management facility pursuant to the attached EXHIBIT B subject to the following conditions: A. Approval of the final landscaping plan by the Village Forester Section 3. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. 2 a AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAPES: 0 - None ABSENT: 0 - None PASSED: _ September 13 2004 APPROVED: September 13 2004 APPROVED: Village President ATTEST: Villagetlerk GAENGNEEMOrd & Res\OrdO4 -2.doc K _ L. _:.. Ill.. - AI LA I