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S-978 - 12/12/2000 - FPSU - Ordinances Supporting Documents• 4, Alan Rocca 735 E. Roosevelt Road Lombard, IL 60148 Phone 630 - 620 -4300 Fax 630 -620 -4924 REGISTERED MAIL November 262 2000 Karen M. Bushy President Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Extension of Ordinances for 3824 York Road, Oak Brook, IL 60523 Dear President Bushy: 2 8 At As you may or may not know, I applied to the Village for a building permit on July 7, 2000. Currently, I am waiting for the permit to be issued and working with the Village towards meeting this goal. Additionally, I am waiting for the Federal Emergency Management Agency to sign off on the Flood Plain Special Use Permit. The Engineering Department has reviewed, approved and signed this data before it was sent to F.E.M.A. As you may recall, the approved Ordinances had to be extended by way of Amended Ordinances due to the lost time we incurred when the DuPage County Forest Preserve started their condemnation suit. The below listed Ordinances and amended Ordinances contain language that the construction of the improvements be substantially completed by December 31, 2000. The Ordinance also states that the completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. At this point, I am waiting for the Village to issue my permit and F.E.M.A. to provide a Letter of Map Amendment. Would you please extend the below listed Ordinances and Amendments to Ordinances. It is my intention to start construction as soon as possible. 99- ZO -V -S -940, AN ORDINANCE AMENDING ORDINANCE S -917 BY EXTENDING THE EXPIRATION DATE OF THE VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE (3824 York Road, Oak Brook, IL 60523) 99- ZO -SU -S -938, AN ORDINANCE AMENDING ORDINANCE S -915 BY EXTENDING THE EXPIRATION DATE OF THE SPECIAL USE PERMIT GRANTED THEREIN (3824 York Road, Oak Brook, IL 60523) 1 w i . Karen M. Bushy Page 2 November 221 2000 99- SD- DP +CA -S -937, AN ORDINANCE AMENDING ORDINANCE S -941 BY EXTENDING THE EXPIRATION DATE OF THE CERTIFICATE OF APPROPRIATENESS GRANTED THEREIN (3824 York Road, Oak Brook, IL 60523) 98- ZO- SU- FP -EXl -S -916, AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10 -34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (3824 York Road, Oak Brook, IL 60523) If you have any questions, feel free to contact me at the above listed number. Thank you for your cooperation. Sin rely, Alan Rocca cc: Stephen Veitch, Village Manager IL 6t OF 041r Q' �9 9c�001JN11 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 MEMORANDUM PHONE: 630 990 -3000 FAX: 630 990 -0876 W E B S I T E: www oak- brook.org December 7, 2000 TO: Village President and Board of Trustees FROM: Robert Kallien, Director of Community Development SUBJECT: Rocca — 3824 York Road — Time Extension RECOMMENDATION: That the Village Board adopt the attached ordinance approving the second amendment to Ordinance S -916 by extending the expiration date of the Flood Plain Special Use Permit for an additional six (6) months to July 1, 2001. As you recall, in 1998, the property located at 3824 York Road was approved for redevelopment through the adoption of ordinances. • S -914 Approving the Development Plan and Authorizing Issuance of a Certificate of Appropriateness • S -915 Granting a Special Use for Drive -In Banking Facility • S -916 Granting a Flood Plain Special Use • S -917 Granting Variations Each of these ordinances contained a condition requiring that Mr. Rocca take title to the property no later than January 31, 1999 with a stipulation that a time extension may be approved upon showing good cause. Since Mr. Rocca had not taken title to the property as of early 1999, the Board approved an extension until July 31, 1999. • S -937 Extending the Expiration Date of S -914 for taking title to the property • S -938 Extending the Expiration Date of S -915 for taking title to the property • S -939 Extending the Expiration Date of S -916 for taking title to the property • S -940 Extending the Expiration Date of S -917 for taking title to the property Since these ordinances were approved, Mr. Rocca has taken title to the property. I am in now of receipt of a request from Mr. Rocca to extend a requirement of the flood plain special use that all land modifications on the subject property be completed by December 31, 2000. Mr. Rocca has correctly indicated that approval of the required construction permits by the Village cannot occur until a letter of map revision (LOMR) is approved by FEMA (Federal Emergency Management Agency). Since this particular timeframe was a requirement of only S -916, any time extension that may be granted would be done by amending Ordinance S -916. Consistent with previous time extensions on this project, a six -month extension until July 1, 2001 should be adequate to obtain the necessary approvals from FEMA. If it is your wish to move toward approval of these requests, it would be appropriate to move to approve the attached ordinance. Motion by Trustee McInerney, seconded by Trustee Savino, to approve the BOT 11/28/00 minutes of the Regular Board of Trustees Meeting of November 28, 2000 as presented and waive the full reading thereof. VOICE VOTE. Motion carried. Motion by Trustee McInerney, seconded by Trustee Savino, to, approve the BOT 12/02/00 minutes of the Special Board of Trustees Meeting of December 2, 2000, 2001 Budget Workshop as presented and waive the full reading thereof. VOICE VOTE. Motion carried. 5. OMNIBUS AGENDA: All items on the Omnibus Agenda were routine in nature and enacted in one motion. No one requested a separate discussion of an item for removal from the Omnibus Agenda. Motion by Trustee Savino, seconded by Trustee McInerney, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. A. APPROVAL OF BILLS: Approved Omnibus Vote. APPROVAL. BILLS - B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING S306,709.26 PAYROLL - NOVEMBER 25, 2000: Approved Omnibus Vote. 5361,305.11 C. CHANGE ORDERS: None. (sass) D. PAYOUTS: 1) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #4 - 2001 2001 PAV PAVING DESIGN - $18,710.82: Approved Omnibus Vote. DESIGN 2) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #24 & 1999 PAV FINAL - 1999 PAVING PROJECT - $284.46: Approved Omnibus PRO] Vote. 3) CIVILTECH ENGINEERING, INC. - PAYOUT #22 - YORK/HRGR YORK/HARGER _BIKE TRAIL - $2,408.99: Approved Omnibus BIKE TRAIL Vote. 4) P. WALKER BROTHERS, INC. - PAYOUT #1 - SPORTS CORE/WESTCHESTER PARK IMPROVEMENTS -$63,994.50: Approved Omnibus Vote. VILLAGE OF OAK BROOK Minutes Page 2 of 22 December 12, 2000 L-t SC/WCHSTR PARK IMPRV r t_16 E. REFERRALS: None. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: None. G. ORDINANCE #2000- ZO- SU -FP -EX 1 -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): Approved Omnibus Agenda. H. RESOLUTION #2000- SD- PP &FP -R -760, A RESOLUTION CORRECTING LEGAL DESCRIPTION IN RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION KNOWN AS ROMANELLI_'_SSUBDIVISION (3121 York Road, Oak Brook, IL 60523): Approved Omnibus Agenda. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items for Final Action): A. APPOINTMENTS: None. B. ORDINANCES & RESOLUTIONS: ORDINANCE #2000 -SC -EX 1 -G -665, AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO TITLE 12 ENTITLED, "VILLAGE RECREATIONAL FACILITIES ", CHAPTERS 1, 2 AND 3 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS: Based on the discussion at the November 28, 2000 Village Board meeting, language has been added to Section 12 -1 -5 -F (page 3) to carve out an exception for pedestrian/bicycle pathways from the general prohibition on skateboards, scooters and in -line skates recommended previously. Language has also been added in the fee schedules for the Golf Club (page 5) and the Bath & Tennis Club (page 10) to clarify that membership fees are neither refundable nor transferable. The other recommended changes remain as presented on November 28, 2000. VILLAGE OF OAK BROOK Minutes Page 3 of 22 December 12, 2000 ORD #00 -ZO- SU -FP -EX I - S -978 FP SU -ROCCA (3824 YORK) RES #00 -SD- PP &FP -R -760 ROMANELLI SUBDIV (3121 YORK) ORD #00 -SC- EX 1 -G -665 TITLE 12 REC FACIL J.P. "RICK" CARNEY DUPpGE COUNTY flECONOEfl UEC.2812000 10:04 AM OTHER 06 -36- 308 —D13 009 PAGES R2000- 203125 (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 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) Property Address /es 3824 YORK ROAD, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 6,0523 ) Pin /s Number 06 -36- 308 -013 and 06 -36- 308 -014 Name & Address of Applicant Alan Rocca, 114 Canterbury Lane, Oak Brook, IL 60523 Name & Address of Responsible Alan Rocca Party to Receive Recorded 114 Canterbury Lane, Oak Brook, IL 60523 Document and Billing: G/L Account # to be Charged 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged a Return T C11200 e of Oak Brook Oak Brook Road Brook, Illinois 60523 N/A ORDINANCE 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: Section • 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. Section 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- EX1 -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 12thday of December, 2000. jA fr i Vl qe Clerk Approved as to Form: Village Attorney 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. Parcel 2: 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 % 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. i ORDINANCE 98- ZO- SU- FP -EX1 -S -916 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10 -34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK 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: 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 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 YZ 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 -FPSU Ordinance 98- ZO- SU- FP -EX1 -S -916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 2 Parcel 2: 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 % 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. Section 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. Ordinance 98- ZO- SU- FP- EXI -S- 916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 3 Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny: Trustee Savino (Recused) Abstain: _None APPROVED THIS 27th day of October, 1998. 'ATTEST: Village. Jerk �= rovre ' to Form. Village Attorney I Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06 -36- 308 -013 and 06 -36- 308 -014 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 December 12, 2000 , the corporate authorities of the above municipality passed and approved Ordinance 2000- ZO- SU7FP -EXI -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) 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 14th day of December , 2000 . 4 Gonnella, CMC /AAE Clerk f M'A a of Oak Brook ��;`6Y age and Cook Counties, IL of 4P 0' F. P �0 5_17$ � - A d Vj G r O 2 9CF��UN7y VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 PHONE 630 990 -3000 FAX 630 990 -0 876 W E B S I T E: www oak -brook org January 9, 2001 MEMO TO: Stephen B. Veitch Richard A. Martens Linda K. Gonnella Dale L. Durfey Robert Kallien Darrell Langlois FROM: Linda Andrys SUBJECT: Recorded Documents The following document was recorded on December 28, 2000: 1. ORDINANCE 2000- ZO- SU- FP -EXI -S -978 Alan Rocca 3 824 York Road, Oak Brook, IL 60523 PIN #06 -36- 308 -013 R2000- 203125 Recording Fee: $23.00 G /L# to be Charged: 10 -1365 cc: Official Files /RECDOC/20001 -RECM EMO -01 -09 � Gt OF Oq'f P � o 8 A v N, G � O A 4 9c�001UJ NT'� •\�\ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 February 13, 2001 Mr. Alan Rocca 114 Canterbury Lane Oak Brook, Illinois 60523 Re Recorded Document on December 28, 2000 Ordinance 2000- ZO- SU- FP- EXI- S- 978/R2000- 203125 3824 York Road Oak Brook, IL 60523 Dear Mr. Rocca- R �Ecc,�Ep CMS �TTfKN E� PHONE FAX W E B S I T E 630 990 -3000 630 990 -0 876 www oak -brook orb A copy of the above noted 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, please feel free to contact me at 630 - 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, 0� L�'�Lr" _" - a_'� Linda M Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Village Engineer Robert Kallien, Director of Community Development Official Files w," S °-Ct'1 g /PECDOC /2001- RECLTR -ORD- 978 -ROCCA