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S-1042 - 06/10/2003 - STORMWATER - Ordinances Supporting Documents. j/20.03 FRI 07:32 FAX DUPAGE DEC X1003/004 DuPage County DEVELOPMENT & ENVZRO CONC -VRNS couxTx BOARD z�►N BUII,DING MANNINU STORMWATER (634} 682 -7220 (630) 682 -7220 (630) 682 -7220 FAX(630)682-7224 FAX (630) 784 -3773 FAX (630) 7843773 MEMORANDUM, DATE; May 29, 2003 - TO : FROM: 9M Stormwater Management Committee Bruce Maki, Regulatory Services Administrator ZONING /SUBDIVISION (630) 682 -7220 FAX (630) 682 -7224 A Y n .SUN - 6 �i VILLAGE OF OAK $RQ ENGINEERING DEPARTMENT Follow -up on Village of Oak Brook 'Variance request; Athletico ACTION REQUESTED: A motion to direct staff to provide a recommendation to the Village concerning certain revisions to the variance petition. At the April Committee meeting, the Committee heard a variance requesting relief from the detention standards of the DSFPO to allow for the expansion of a commercial property (See attached memo) without detention. Staff noted some problems with the variance documentation and that the request could set a negative precedent. The main justification for the variance request appeared to be a letter sent by Forest Preserve staff stating that they could not provide an easement to a private property-owner, which thereby curtailed an adequate gravity outlet. The Committee tabled the matter and requested that the developer address the issues raised by staff. On May 61' the Village's Zoning Board of Appeals recommended approval of the petition. However, the Village board tabled the matter until June 20th to allow for more time to address the County's issues. On May 12`' staff met with the Village and the developer to review the petition. The developer subsequently developed two alternative plans with cost estimates: 1. Option 1 involved providing about 20% of the required detention (0.50 acre/feet) with an outfalI to Salt Creek at a cost of approximately $76,760.00. 2. Option 2 provided 100% of the required detention underground at a cost of $208,725.00. Both plans involve the acquisition of the drainage easement from the DuPage Forest Preserve District to allow for the construction of an outfall to Salt Creek. Staff recommended at the April meeting that the developer approach the appropriate committee of elected officials at the Forest Preserve concerning the easement and/or request that the 'Village obtain the easement on behalf of the developer. This process is underway. .TSrK T YNT7V1WVvn l-r.+1v•r*.,-.. _ E-mail: dec@dtmageco.org ' j/2003 FRI 07:32 FAX DUPAGE DEC Z004/004 s Stonrnwater Management Committee, Page 2 May 29, 2003 However, in Iight of the fact that the Village and the developer may be in a position to act before the next Committee meeting, staff recommends that the Committee take action to advise the Village of the following concerning the variance request! 1. That if the developer or Village is able to obtain an easement from the Forest Preserve District, that the variance petition be revised to reflect the developer's Option 1. 2. That if an easement in unobtainable, that the developer provide a plan whereby at least 15% of the required detention be provided. While the developer has already designed option I which utilizes an outlet through forest preserve property, in staff's opinion it may also be possible to provide 15% of the requirement possibly through oversized storm sewer piping with an outlet to the existing road r -o -w sewer on Enterprise Drive at reasonable cost. Staff feels 15% will provide the water quality component of stormwater detention. Not providing the full amount of detention will not cause an immediate downstream flood concern in this case due to the property being adjacent to a major County waterway (Salt Creek). Staff does concur with the developer that Option 2 is a hardship due to cost. ,06/2003 FRI 07:32 FAX DUPAGE DEC 0001/004 54 K DuPage County DEVELOPMENT ENV]RONMENTAL CONCERNS corny" BOARD cH STROM AN BUILDING PLANNING (630} 682 -722p STORN1wATER ZONING /SUBDIVISION (630) 682 -'7220 (830) 682 -7220 (630) 682 -7220 FAX (630) 682 -7224 FA„X (630) 784 -3773 FAX (630) 784 -3773 FAX (630) 682 -7224 June 5, 2003 i � iv Ej Village of Oak Brook 1200 Oak Br ook Road ' ''�� j ® 6 .� j Oak Brook, IL 60521 ATTN_ Dale Durfee Jr., P.E., Village Engineer Stormwater Ordinance Administrator RE: Variance Request; Athletico Dear Mr. Durfey, Thank you for meeting with staff and Athletico representatives to discuss the proposed variance to the DuPage County Countywide Stormwater and Flood Plain Ordinance (DCSFPO). As you are aware, at the June 3d Stormwater Management Committee meeting staff reported on the current status of the vari ance request, (attached is a copy of the agenda item to Commi ttee). Of concern to the Committee is that the approval of the variance as proposed would set a negative precedent countywide. To date, there have been no similar variances for a commercial property being expanded without any stormwater detention. In light of this and in reviewing the Athletico case the Committee offers the following recommendations to the Village in their consideration of the variance petition: L That the appropriate committee at the Forest Preserve District of DuPage be approached concerning the possibility of the developer or the Village obtaining an easement to allow for the construction of an outfall. It is our understanding that if this easement is obtained, the developer will revise the variance petition to the design labeled "Option 1" as prepared by W -T Civil Engineering, LLC. As Option I provides some stormwater detention at reasonable cost, it should not represent a negative precedent. 2. If the easement is not obtainable, ' the Committee asks that the developer provide a revised variance petition that provides at least 15% of the required stormwater detention. It appears this could be provided at reasonable cost through the use of parking Iot and/or pipe storage. This amount of detention is close to that provided in other variances approved under similar circumstances countywide, therefore avoiding a negative precedent. x/2003 FRI 07:32 FAX DUPAGE DEC Ia 002/004 Durfey, Page 2 June S, 2003 The Committee's role in the review of variance petitions is to provide commentary to help ensure consistent implementation of the DCSFPO among the 31 municipalities who have adopted the DCSFPO. We thank you for your cooperation in this matter. If you have any questions, please call me at (630) 682 -7132. Sincerely, r � ruce W. Maki Regulatory Services Administrator Cc Richard 13. Boehm. Village Manager Anthony Charlton, Director PUS OF 0 Ak d� � VILLAGE OF OAK BROOK a rn Village Board Transmittal Memorandum L DATE: June 6, 2003 SUBJECT: 625 Enterprise Drive Stormwater Variation Request FROM: Dale L. Durfey, Jr., P.E., Village Engineer p RECOMMENDATION: If the Board deems it appropriate, the ordinance should be adopted. As directed at your last meeting, Attorney Martens has drafted the attached ordinance but has left a blank in place of the required fee -in -lieu amount. This morning I met with the applicant and his engineer at the site to review the outstanding detention items. The engineer presented a plan that had a 12 inch high curb along the back of the property that would provide 15% - 20% of the required parking lot detention based on some preliminary calculations. Since this met the minimum recommendation of DuPage County staff, we concluded that it would be adequate. The engineer will provide revised calculations and a revised detention plan on Monday. Assuming that those items are correct, the new detention plan can be referenced into the ordinance as drafted by our Village Attorney and the fee -in -lieu amount can also be added to the ordinance. It is my understanding that Village Attorney Martens has spoken with the Forest Preserve District Attorney who confirmed that the Forest Preserve cannot grant any type of easement or other permission to benefit only a private use such as the lot in question. Based upon that, the site is severely restricted in providing detention which establishes a hardship. I received the attached letter from Bruce Maki late this morning and am attaching it for your information. This item is being placed on the Board agenda of June 10, 2003 for your consideration 625 enterprise storm var doc 8 B 4) ORDINANCE 2003- ZO -TA -G -721, "AN ORDINANCE AMENDING ORD 03- ZO -TA -G- THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK ORD -SPEC RTL G PROVIDING FOR SPECIALTY RETAIL PROGRAM AS AN PROG - AUTH SPEC ADDITIONAL AUTHORIZED SPECIAL USE IN THE B -2 USE IN B -2 REGIONAL SHOPPING CENTER DISTRICT " Ordinance 2003- ZO -TA -G -721, amends the Zoning Ordinance by defining a Specialty Retail Program and authorizing such a program as a special use in the B -2 Regional Shopping Center District. Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003- ZO -TA -G -721, "An Ordinance Amending the Zoning Ordinance of the Village of Oak Brook Providing for Specialty Retail Program as an Additional Authorized Special Use in the B -2 Regional Shopping Center District." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Konn, Miologos and Yusuf Nays: 0 - None. Absent: 1 - Trustee Craig Motion carried. 5) ORDINANCE 2003- ZO -SU -S -1041, "AN ORDINANCE GRANTING ORD 03- ZO -SU -S- A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM USE- s�c RTL (OAKBROOK CENTER MALL — NORTHEAST CORNER OF PROG - OB CTR ROUTE 83 AND 22ND STREET)." MALL Ordinance 2003- ZO -SU -S -1041, grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003- ZO -SU -S -1041, "An Ordinance Granting a Special Use for a Specialty Retail Program (Oakbrook Center Mall — Northeast Corner Of Route 83 And 22nd Street)." ROLL CALL VOTE Ayes: 5 - Trustees Aktipis, Caleel, Korn, Miologos and Yusuf Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried 6) PRDINANCE 2003- ZO- V -SWM -S -1042 "AN ORDINANCE ORD 03- ZO- V -SWM- S -1042 , GRNT VAR GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF FRM 9 -5 -4 OF VIL THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK CDE - 625 ILLINOIS (625 ENTERPRISE DRIVE, OAK BROOK, IL 60523)." ENTERPRISE DR VILLAGE OF OAK BROOK Minutes Page 7 of 14 June 10, 2003 rM 8 B 6) On June 6, 2003 the Village Engineer met with the applicant and his engineer at the site to review the outstanding detention items The engineer presented a plan that had a 12 inch high curb along the back of the property that would provide 15% - 20% of the required parking lot detention based on some preliminary calculations. Since this met the minimum recommendation of DuPage County staff Village staff concluded that it would be adequate The engineer provided calculations and a detention plan. The fee -in -lieu amount will be $50,673 00. The Village Attorney has spoken with the Forest Preserve District Attorney who confirmed that the Forest Preserve cannot grant any type of easement or other permission to benefit only a private use such as the lot in question. Based upon that, the site is severely restricted in providing detention which establishes a hardship. Motion by Trustee Miologos, seconded by Trustee Aktipis, to pass Ordinance 2003- ZO- V -SWM -S -1042, "An Ordinance Granting a Variation from the Provisions of 9 -5 -4 of the Village Code of the Village of Oak Brook, Illinois (625 Enterprise Drive, Oak Brook, IL 60523)." ROLL CALL VOTE. Ayes 5 - Trustees Aktipis, Caleel, Konn, Miologos and Yusuf. Nays 0 - None. Absent- 1 - Trustee Craig Motion carried. C. AWARD OF CONTRACTS 1) INSURANCE RENEWALS All of the insurance policies and agreements relating to the Village's employee benefit program expire on June 30, 2003, the end of the 2002- 2003 Plan Year. From 1993 through 2002, the Village had utilized Health Plan Management, Inc. (HPM) for third party claims administration In late 2002, Health Plan Management was purchased by Incentus Since that purchase, Incentus has been the Village's third party claims administrator. The Village also utilizes the services of Mack & Parker, Inc (on a monthly retainer basis) for plan administration and benefit consulting services In recent years, stop -loss and group term life insurance coverages have been placed on a net -of- commission basis through the third party administrator, rather than an insurance broker, with oversight by Mack & Parker, Inc. Health Insurance: The Village became self - insured for employee health insurance on July 1, 1993 While the Village is directly responsible for funding health claims, there are also fixed costs associated with being self insured, all of which expire on June 30 VILLAGE OF OAK BROOK Minutes Page 8 of 14 June 10, 2003 AWARD CT INS RENEWALS J.P. "RICK" CARNEY UUPAGE COUNTY RECORDER JUN.1I,2003 3:38 PM OTHER O6 -2d- 306 -004 004 PAGES H2O03- 228074 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2003- ZO- V -SWM -S -1042 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (625 Enterprise Drive, Oak Brook, IL 60523 Property Address /es 62-ENTERPRISE DRIVE, OAK BROOK IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -24- 306 -004 Name & Address of Applicant BAROFSKY COMPANIES, 8968 ARCHER AVENUE, WILLOW SPRINGS, IL 60480 Name & Address of Responsible Party to Receive Recorded Document and Billing: G/L Account # to be Charged ATHLETICO LTD 333 NORTH LA GRANGE ROAD LA GRANGE PARK, IL 60526 1() -1355 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): N/A G/L Account # to be Charged ORDINANCE 2003- ZO- V- SWM -S- 1042 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (625 Enterprise Drive, Oak Brook, IL 60523) WHEREAS, the Village of Oak Brook has adopted Title 9, Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ( "Storm Water Ordinance "), and WHEREAS, an application has been filed requesting a variation from the provisions of Section 9 -5 -4 of the Storm Water Ordinance to permit construction of a building addition and expansion of a parking lot at 625 Enterprise Drive, Oak Brook, Illinois, and WHEREAS, pursuant to Section 9 -5 -5, the Applicant proposes to pay a fee of $50,673 00 into the Village's detention variation fee program account in lieu of construction of detention facilities, and WHEREAS, a public hearing on such application has been conducted on May 6, 2003 by the Zoning Board of Appeals of the Village, sitting as the Village's Oversight Committee, to oversee the implementation and enforcement of the Storm Water Ordinance, pursuant to due and appropriate legal notice, and WHEREAS, in its report dated May 20, 2003, the Zoning Board of Appeals made its findings and recommendation to approve the application, and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That a variation is hereby granted from the provisions of Section 9 -5 -4 of the Storm Water Ordinance to permit construction of a building addition and expansion of a parking lot in substantial conformity with the Detention Plan prepared by W -T Civil Engineering, LLC , dated June 6, 2003, for the property at 625 Enterprise Drive, in the Village of Oak Brook, Illinois, which property ( "Subject Property') is legally described as follows LOT 13 IN CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST '/4 OF SECTION 23 AND IN THE SOUTHWEST '/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 1, 1965, AS DOCUMENT R65 -18254 IN DUPAGE COUNTY, ILLINOIS P I N 06 -24- 306 -004 Section 3 That the variation herein granted in Section 2 of this Ordinance is expressly subject to the following conditions '• Ordinance 2003 -ZO-V-SWM-S-1 0 4 2 Granting a Variance from the Provisions of 9 -5 -4 of the Village Code, 625 Enterprise Drive Page 2 (1) That pursuant to the provisions of Section 9 -5 -5, the Applicant pays a fee of $50,673 00 into the Village of Oak Brook's detention variation fee program account in lieu of the construction of detention facilities prior to the issuance of a building permit, and (2) That the improvements to the Subject Property be constructed in substantial conformity with the aforesaid site plan Section 4 That in the event the property owner fails to meet any of the conditions set forth in Section 3, this variation shall automatically terminate and be of no further force and effect Section 5 That this variation shall not be valid for a period greater than twelve (12) months from the date of passage of this ordinance unless an application for a building permit is filed within such period The Village Board may grant one extension of time not exceeding twelve (12) months, upon written application received within the initial twelve (12) month period If a building permit is not issued within the time period, as provided above, this variation shall automatically expire and will be of no force and effect Section 6 That this ordinance shall be in full force and effect from and after passage and approval pursuant to law PASSED THIS 10th day of June _,2003 Ayes Trustees Aktipis, Caleel, Korin, Miologos and Yusuf Nays None Absent Trustee C-ra J Abstain None APPROVED THIS 10thday of v ET: z ' k, e Approv d as to Form 'Village Attorney WORD DOC /S -ORD S /Athletico Tii-na Published Date Paper Not Published XX STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on June 10, 2003 , the corporate authorities of the above municipality passed and approved Ordinance 2003- ZO- V -SWM -S -1042 . AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (625 Enterprise Drive, Oak Brook, IL 60523) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 17TH day of TUNE 200. OF 041( , ;A� '0�6��°i Linda K: Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL t OF Oq/r��o O - y G f O 00UNTy VILLAGE OF OAK BROOK Interoffice Memorandum DATE. June 20, 2003 TO: Richard B Boehm Richard A Martens Linda K Gonnella Dale L Durfey Robert L Kallien Alice Filinovich FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on June 17, 2003 1 ORDINANCE 2003- ZO -SU -S -1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIAL RETAIL PROGRAM Oakbrook Shopping Center LLC Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL 60523 R2003- 228073 Recording Fee $20 00 G /L# to be Charged 10 -1365 2 ORDINANCE 2003- ZO- V -SWM -S -1042 AN ORDINANCE GRANTING A VARIATION V FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Athletico LTD 625 Enterprise Drive, Oak Brook, IL 60523 R2003- 228074 Recording Fee $18 00 G /L# to be Charged 10 -1365 3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Donald M Racine - Santefort Enterprises Inc 1903 Midwest Club, Oak Brook, IL 60523 R2003- 228075 Recording Fee $18 00 G /L# to be Charged 10 -1365 4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Syed Hassan and Aisha Hassan 110 Livery Circle, Oak Brook, IL 60523 R2003- 228076 Recording Fee $18 00 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Timothy Crawl 341 Forest Trail, Oak Brook, IL 60523 R2003- 228077 Recording Fee $18 00 G /L# to be Charged 10 -1365 2003- RECMEMO -06 -20 doc G� OF 04 P d �" d 90 G r O 9 � �0 U NT's Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Biook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 p.F. — ortp b August 4, 2003 Athletico Ltd. 333 North LaGrange Road La Grange Park, Illinois 60526 Re Recorded Document on June 17, 2003 ORDINANCE 2003- ZO- V -SWM -S -1042 625 Enterprise Drive Oak Brook, IL 60523 R2003- 228074 Dear Sirs: A copy of the above noted recorded document Is enclosed for your information. This Is an important record and should be retained in a secure area within your files If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien Jr., Director of Community Development Official Files V4 $-!o 2.�j /RECDOC /2003- RECLTR- ORD -S- 1042- ATHLETICO LTD - BAROFSKY COMPANIES REVISED 6/10/03 ORDINANCE 2003- ZO- V- SWM -S- AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (625 Enterprise Drive, Oak Brook, IL 60523) WHEREAS, the Village of Oak Brook has adopted Title 9, Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ( "Storm Water Ordinance "), and WHEREAS, an application has been filed requesting a variation from the provisions of Section 9 -5 -4 of the Storm Water Ordinance to permit construction of a building addition and expansion of a parking lot at 625 Enterprise Drive, Oak Brook, Illinois; and WHEREAS, pursuant to Section 9 -5 -5, the Applicant proposes to pay a fee of $50.673 00 into the Village's detention variation fee program account in lieu of construction of detention facilities, and WHEREAS, a public hearing on such application has been conducted on May 6, 2003 by the Zoning Board of Appeals of the Village, sitting as the Village's Oversight Committee, to oversee the implementation and enforcement of the Storm Water Ordinance, pursuant to due and appropriate legal notice, and WHEREAS, in its report dated May 20, 2003, the Zoning Board of Appeals made its findings and recommendation to approve the application; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2- That a variation is hereby granted from the provisions of Section 9 -5 -4 of the Storm Water Ordinance to permit construction of a building addition and expansion of a parking lot in substantial conformity with the Detention Plan prepared by W -T Civil Engineering, LLC., dated June 6, 2003, for the property at 625 Enterprise Drive, in the Village of Oak Brook, Illinois, which property ( "Subject Property') is legally described as follows LOT 13 IN CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST '/4 OF SECTION 23 AND IN THE SOUTHWEST '/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 1, 1965, AS DOCUMENT R65 -18254 IN DUPAGE COUNTY, ILLINOIS P I N. 06 -24- 306 -004 Section 3 That the variation herein granted in Section 2 of this Ordinance is expressly subject to the following conditions. I Ordinance 2003-ZO-V-SWM-S- Granting a Variance from the Provisions of 9 -5 -4 of the Village Code, 625 Enterprise Drive Page 2 (1) That pursuant to the provisions of Section 9 -5 -5, the Applicant pays a fee of $50,673 00 into the Village of Oak Brook's detention variation fee program account in lieu of the construction of detention facilities prior to the issuance of a building permit; and (2) That the improvements to the Subject Property be constructed in substantial conformity with the aforesaid site plan. Section 4 That in the event the property owner fails to meet any of the conditions set forth in Section 3, this variation shall automatically terminate and be of no further force and effect. Section 5 That this variation shall not be valid for a period greater than twelve (12) months from the date of passage of this ordinance unless an application for a building permit is filed within such period. The Village Board may grant one extension of time not exceeding twelve (12) months, upon written application received within the initial twelve (12) month period. If a building permit is not issued within the time period, as provided above, this variation shall automatically expire and will be of no force and effect Section 6 That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS day of , 2003 Ayes Nays. Absent. Abstain. APPROVED THIS day of , 2003 INMUM -1 Village Clerk Approved as to Form Village Attorney W ORDDOGS- ORDS /Athlenco Published Not Published Village President Date Paper