S-572 - 11/26/1985 - SPECIAL USE - Ordinances ORDINANCE NO. S 572
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR CERTAIN
FILLING AND CONSTRUCTION WITHIN THE FLOOD PLAIN PURSUANT TO SECTION 10-34
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
(Butler National Golf Club)
WHEREAS, Butler National Golf Club filed an application with the
Village Clerk of the Village of Oak Brook requesting a Special Use Permit under
Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to
flood plain and wetland regulations; and
WHEREAS, on September 10, 1935 the Corporate Authorities referred the
application to the Plan Commission and the Zoning Board of Appeals for public
hearings; and
WHEREAS, after consideration of the application at its meetings on
September 16, 1985 and October 21, 1985, the Plan Commission recommended to the
Village Board that the requested special use permit be granted; and
WHEREAS, at its meeting on November 5, 1985 pursuant to due and
appropriate legal notice, the Zoning Board of Appeals recommended to the Village
Board that the applicant's request for a flood plain special use permit be
granted as the proposed filling and construction satisfies the requirements of
and is consistent with each of the factors set forth in Section 10-34(c) of the
Code of Ordinances of the Village of Oak Brook relating to minimum standards for
use of flood plain property; 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: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow construction of a low flow auxiliary channel crossing and
filling/excavation associated with the construction of berms at the 11th and 18th
fairways on the property legally described as follows:
Those parts of Sections 25 and 26, Township 39 North, Range
11, East of the Third Principal Meridian and parts of Lots 1,
2, 6, 8 and 16 in Plat of Lands of F.O. and J.F. Butler, Town
of Du Page County, Illinois, as per Plat thereof, Recorded
February 13, 1912 as Document No. 107037.
Permanent Parcel Nos. 06-25-101-002, 06-26-401-002 and
06-26-202-002
Section 3: That the Flood Plain Special Use Permit herein granted in
Section 2 of this Ordinance is expressly subject to the following conditions:
A. That all land modifications and construction on the
Subject Property be done in substantial conformity with
the 4-Sheet Set of Plans entitled "Butler National Golf
Club Floodplain Projects" drawn by Lindley & Sons, Inc.
dated June 2.8, 1985, a copy of which is attached
hereto, labelled Exhibit "A" and hereby made a part
hereof. Sheet l of 4 was last revised October 12,
1985; sheet 2 of 4 was last revised October 11, 1985;
sheet 3 of 4 was last revised August 22, 1985; and
sheet 4 of 4 was last revised August 22, 1935.
Ordinance No. S- 572
Granting A Special Use Permit
for Filling and Construction
within the Flood Plain
(Butler National Golf Club)
Page two
B. That the petitioner, Butler National Golf Club,
install a permanent structure to be set at the revised
elevation of the secondary channel such that it would
not be visible in the event Butler National increased
the channel's height, for the purpose of determining
Butler National's compliance with revised pump
settings.
C. That Butler National take all steps necessary to
ensure that the intake for the Village's pump (as
shown on Page 1 of the Plans) is not disrupted,
diminished or interferred with during the course of
construction and maintenance of the improvements, in
particular construction and maintenance of the earthen
bridge and culvert over the secondary channel.
D. That in the event that Butler National, or its
successors and assigns, fails to comply with the above
conditions, upon telephone notice in the case of an
emergency, or upon three (3) days written notice, the
Village may enter onto the premises and take remedial
action to ensure that its water supply is not
disrupted or diminished. The cost of said remedial
action shall be paid in its entirety by Butler
National, its successor and assigns.
Section 4: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided by law.
Section 5: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict but only as they apply to the property
hereinbefore described.
Section 6: If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such determination shall not
affect the validity of any remaining portion of this Ordinance.
PASSED THIS 26th day of November 1985.
Ayes: Trustees Bushy, Imrie, Maher, Philip and Rush
Nays: None
Absent: Trustee Winters
APPROVED THIS 26th day of November , 1985.
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Ordinance No. S— 572
Granting A Special Use Permit
for Filling and Construction
within the Flood Plain
(Butler National Golf Club)
Page three
ATTEST:
r
Vilinge' Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX