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S-978 - 12/12/2000 - FPSU - OrdinancesORDINANCE 2000- ZO- SU- FP -EX1 -S -978 AN ORDINANCE APPROVING SECOND AMENDMENT TO ORDINANCE S -916 BY EXTENDING THE EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE PERMIT GRANTED THEREIN (3824 York Road, Oak Brook, IL 60523) WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S- 916, granted a flood plain special use permit for the property commonly known as 3824 York Road, Oak Brook, Illinois, subject to certain conditions and restrictions; and WHEREAS, paragraph (5) of Section 3 of Ordinance S -916, a copy of which is attached as Exhibit 1, provides that the flood plain special use granted shall automatically terminate in the event that all land modifications have not been completed by December 31, 2000. WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline for the flood plain special use land modifications for an additional six (6) months, thus extending the completion date to July 1, 2001; and WHEREAS, the President and Board of Trustees 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: Seg -tion 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. follows: Section 2: That Subsection (5) of Section 3 of Ordinance S -916 is hereby amended to read as "(5) That the flood plain special use herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that all land modifications on the Subject Property have not been completed by July 1, 2001. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity 'by the property owner. -Section 3. That all other provisions of Ordinance S -916 are in full force and effect. B-Qgtion 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 12thday of December, 2000. Ordinance 2000- ZO- SU- FP- EXI -S- 978 Granting Time Extension, Rocca, 3824 York Road, Page 2 Ayes: Trustees Butler, Craig, Denny, McInerney and Savino Nays: None Absent: Trustee Caleel Abstain: None APPROVED THiS 12th day of December, 2000. TES c 1 ,ATT , e Clerk Approved as to Form: Village Attorney 5 0 ! A. zl�; Village President Not Published XX Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06 -36- 308 -014. r 12• That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South V2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1/4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06 -36- 308 -013. ORDINANCE 98- ZO- SU- FP -EXI -S -916 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 90 -34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAi{ BROOK,, ILLINOIS (3824 York Road, Oak Brook, IL 60523) WHEREAS, the contract purchaser 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 April 7, 1998, 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 since 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: Srti n 1 • That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. tion-- 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 occupancy and reconfiguration of the flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory storage shall be located in a dry basin at the north end of the property in substantial conformity with the Topographical Survey (Exhibit A) prepared by Laser Consulting Engineers of Illinois, as last revised October 26, 1998, said property being legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South 3/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06 -36- 308 -014. Rocca -FPS U Ordinance 98- ZO- SU- FP -EXI -S -916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 2 � Imo' That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06 -36- 308 -013. Section That this special use permit is subject to the following conditions: (1) That all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building code and in accordance with the requirements for flood resistant construction as set forth in Section 2102.0 of the BOCA National Building Code; (2) That the property be developed and maintained in substantial conformity with the Site Plan prepared by R. A. Mifflin Assoc., Architects, as last revised September 30, 1998, the landscaping plan and building elevation drawings as submitted, hereby incorporated by reference; (3) That the flood plain special use be subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities; (4) That the flood plain special use herein granted shall automatically expire without further action by the Village Board in the event that the contract purchaser (Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and (5) That the flood plain special use herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that all land modifications on the Subject Property have not been completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. ti n 4• That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998.