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2002-049 9/4/2002 A ORDINANCE 2002 - 49 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE WATERFORD POINTE (WERCHEK PROFESSIONAL CENTER) PLANNED UNIT DEVELOPMENT (P.U.D.) IN THE OFFICE AND RESEARCH (O&R) DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Waterford Pointe Professional Center, Northwest corner of IL Route 83/Arlington Heights Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,the real property legally described in EXHIBIT A attached hereto ("Property") is a tract of 4.915 acres zoned in the Village's Office and Research(O&R) District with a Planned Unit Development pursuant to Ordinance 99-81; and, WHEREAS, Ordinance 99-81 approved a Preliminary Plan dated May 6, 1999 allowing the construction of two office buildings of two stories with a total floor area of 60,000 square feet on the Property; and, WHEREAS, said approved Preliminary Plan and the Preliminary Engineering Plan dated April 16, 1999 depicted shared vehicular access with the adjacent LaSalle Bank, 1300 Arlington Heights Road,providing access for the Property to Arlington Heights Road and IL Route 83 through the LaSalle Bank property; and, WHEREAS, Waterford Pointe,L.L.C. (hereinafter referred to as the"Owner") is the Owner of the Property;and, 2 WHEREAS, Owner has petitioned to the Village for amendment of the approved Preliminary Plan and Preliminary Engineering Plan to allow an access driveway on the Property directly to Arlington Heights Road; and, WHEREAS, said amendment to the Preliminary Engineering Plan modifies the stormwater retention facility, including a variation of Section 16.50.040.C.3.b.3 of the Village Development Ordinance to allow a side slope steeper than the required standard of 4:1; and, WHEREAS, the proposed changes to the Preliminary Plan would be constructed pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Preliminary Engineering Plan(Geometrics—Sheet 4 of 9) dated as last revised August 19, 2002 by Pearson, Brown and Associates, Inc. EXHIBIT C Preliminary Engineering Plan(Grading—Sheet 5 of 9) dated as last revised August 19,2002 by Pearson, Brown and Associates, Inc. WHEREAS, notice of the public hearing concerning the petition for a variation of the Development Ordinance to allow a modification of the side slope of the stormwater retention facility was given and the public hearing was held by the Village Board; and, WHEREAS, the President and Board of Trustees determined that the variation of the Development Ordinance and amendment to the Preliminary Plan are warranted based on the plans and related documentation submitted by the Owner, and that development of the Property on the terms and conditions herein set forth would be compatible with adjacent properties and would serve the best interests of the Village and enable the Village to control development of the area. 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, Zoning 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 adopt a proper,valid and binding ordinance amending Ordinance 99-81 and granting the following variation of the Development Ordinance pursuant to the exhibits attached hereto: Section 16.50.040.C.3.b.3: To modify a portion of the stormwater retention pond to allow a side slope steeper than the required standard of 4:1, including construction of a vertical wall with a maximum height of five and one-half(5 '/z) feet as depicted on EXHIBIT C; 3 Section 3. Said amendment of Ordinance 99-81 is subject to the following conditions: A. The locations and type of construction of the trash enclosures are subject to approval by the Village. B. Based on the representation on Exhibit B that 261 parking spaces will be provided on the Property, medical and dental offices and similar health care uses shall occupy a maximum of 36,600 square feet of the total 60,000 square feet of the two office buildings. (Said 36,600 square feet of medical office area generates a parking requirement of 183 spaces based on the Village standard of one space per 200 square feet of floor area. The remaining 23,400 square feet of general office area generates a parking requirement of 78 spaces based on the Village standard of one space per 300 square feet of floor area.) Section 4. Liti ag tion. A. Owner, at his cost, shall be responsible for any litigation that may arise as a result of the development of the Property. Owner shall cooperate with the Village in said litigation, but the Owner's counsel will have responsibility for such litigation. B. Owner shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the development of the Property or enforcement of any terms of this Ordinance upon a default by the Owner or his grantees, successors or assigns. C. Owner hereby indemnifies and holds the Village harmless from any actions or causes of action that may arise as a result of development activities for which Owner is responsible. Section 5. The terms and conditions of Ordinance 99-81 remain in full force and effect and effect unless specifically modified by this Ordinance. Section 6. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: September 9, 2002 APPROVED: _ITSetwember 9, 2002 4 ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President This ordinance was prepared by: Robert E.Pfeil,Village Planner Village of Buffalo Grove,IL Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 9/4/02 Concerning the Waterford Pointe (Werchek Professional Center) property, NW corner of IL Route 83/Arlington Heights Road, Buffalo Grove, IL Amendment of Planned Unit Development approving an amendment of the Preliminary Plan concerning an access driveway to Arlington Heights Road and a variation of the Village Development Ordinance concerning the storrawater retention pond Waterford Pointe, L.L.C. does hereby accept and agrees to abide by and be bound by each of the terms, conditions and limitations set forth in Village of Buffalo Grove, Illinois Ordinance No. 2002- By STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE I,Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove,Cook and Lake Counties,Illinois. 1 further certify that on September 9, 2002, the Corporate Authorities of the Village passed and approved Ordinance No.2002-49,entitled: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE WATERFORD POINTE (WERCHEK PROFESSIONAL CENTER) PLANNED UNIT DEVELOPMENT (P.U.D.)IN THE OFFICE AND RESEARCH (O&R)DISTRICT which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2002-49, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing September 9, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this loth day of September, 2002. lage Clerk � — By