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S-868 - 01/14/1997 - ZONING -VARIATION - Ordinances ORDINANCE 97-ZO-SU-FP-S-868 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK, ILLINOIS (York Lake Subdivision) (6, 8 and 10 York Lake Court) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain 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, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on December 3, 1996 pursuant to due and appropriate legal notice; and WHEREAS, the Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petition and have found that the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use 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; 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 reconfigure the flood plain on Lots 3, 4 and 5, with the bulk of the compensatory storage being placed on Lot 3, resulting in improved buildable areas, said property being legally described as: Lots 3, 4 and 5 in York Lake Subdivision, being a subdivision in that part of the Southwest Quarter of the Northeast Quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded on December 6, 1991 as Document No. R91-163793 in DuPage County, IL. Permanent Parcel Nos. 06-36-202-021; 06-36-202-022; 06-36-202-023. Ordinance 97-ZO-SU-FP-S-868 Granting a Flood Plain Special Use, York Lake Subdivision, Page 2 Section 3: That the Special Use Permit granted pursuant to Section 2 of this ordinance is expressly subject to the following conditions: 1. Final engineering approval; 2. Any water wells permitted will be restricted for landscape watering use only; 3. That the property is developed in substantial conformity with the "Final Engineering Plans and Specifications for York Lake Lots 3, 4 and 5" prepared by Roake and Associates, Inc. dated, as last revised, November 25, 1996; 4. That the applicant revise the Drainage and Flood Plain Easement (Document No. R91-163795) depicted on the York Lake Subdivision Plat to coincide with the revised flood plain area; and 5. That the applicant apply for and receive a Letter of Map Revision from FEMA for the revised flood plain area. Section 4: That the special use permit herein granted in Section 2 of this Ordinance be further expressly subject to the condition that the improvements required by the Village in the York Lake Subdivision be completed within four years from the date of this Ordinance. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force and effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 28th day of January, 1997. Ayes: Trustees Bartecki, Kenny, McInerney, Pa ovich, Savino and Shumate Nays: None Absent: None Abstain: None s o�ROVED THIS 28th day of January, 1997. s� 111ag Pre & s ATTEST: Vi e Clerk Ordinance 97-ZO-SU-FP-S-868 Granting a Flood Plain Special Use, York Lake Subdivision, Page 3 Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Santefort Enterprises, Inc. Address: 1 Mid-America Plaza, Suite 722 Oakbrook Terrace, IL 60181 PIN: 06-36-202-021; 06-36-202-022; 06-36-202-023;