Loading...
S-1086 Butler National VARJ.P. "RICK" CARNEY OUPFGE C011lITY gECOXpFN XOV.17.2004 3:47 PMOTHERO6 -Z5 -101 -001 009 PAGES R2004- 293143 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 2004- ZO- V -EX1- S -1086 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9 ( "STORM WATER FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler National Golf Club - 2616 York Road, West of York, South of 22" Street, East of Jorie Boulevard, _Oak Brook, IL 60523 (170 acres) P.I.N. #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) Property Address /es: 2616 YORK ROAD, WEST OF YORK, SOUTH OF 22ND STREET, EAST OF JORIE BOULEVARD, OAK BROOK, IL 60523 (170 ACRES) If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018 Name & Address of Applicant BUTLER NATIONAL GOLF CLUB, ATTENTION: MIKE SAULS, 2616 YORK ROAD OAK BROOK IL 60523 Name & Address of Responsible BUTLER NATIONAL GOLF CLUB, ATTENTION. MIKE SAULS Partv to Receive Recorded 2616 YORK ROAD Copy of Document and Billing: OAK BROOK, IL 6052 G/L Account # to be Charged 10 -1365 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 t ORDINANCE 2004- ZO- V -EX1 -S -1086 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9 STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK Butler National Golf Club — 2616 York Road, West of York, South of 22nd Street, East of Jorie Boulevard, Oak Brook, IL 60523 (170 acres) P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Storm Water Floodplain, and Sedimentation and Erosion Control Regulations ( "Storm Water Regulations ") for the Village of Oak Brook in Title 9 of the Village Code, and WHEREAS, Section 9- 12 -1of the Village Code sets forth the authority and standards of the granting of variations to the Storm Water Regulations, and WHEREAS, Mike Sauls (Petitioner) is the owner of certain property legally described in Exhibit A ", attached hereto and made a part hereof WHEREAS, the Subject Property is located within the regulatory floodway portion of the regulatory floodplain, and WHEREAS, a golf course is not listed as an appropriate use in the floodway in Section 9 -6 -3 -V of the Village Code, WHEREAS, the Petitioner has submitted a petition for a variation to allow the relocation of bunkers and tee boxes within the floodway of Salt Creek, and WHEREAS, on October 5, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals found that the petitioner addressed the factors as required for approval of a variation to Title 9 by providing specific testimony as follows Granting the variation would not alter the essential character of the area involved, including existing stream uses Carrying out the strict letter of the provisions of this title would create an undue or particular hardship or difficulty on this owner The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development d Ordinance 2004- ZO- V- EX1 -S- 1086 Granting Variation from Sec 9 -6 -3 -V Page 2 of 3 Butler National Golf Club — 2616 York Road) 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) This applicant's circumstances are unique and do not represent a general condition or problem The subject development is exceptional as compared to other developments subject to the same provision A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation subject to the conditions stated in Section 2 of this ordinance, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 9 -12 -1 of the Village Code relating to the granting of variations to the Storm Water Regulations have been met 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 The recitals hereto are incorporated as part of this ordinance SECTION 2 A variation to Section 9 -6 -3 -V of the Storm Water Regulations of the Oak Brook Village Code is hereby granted to permit the relocation of existing bunkers and tee boxes within the floodway of Salt Creek subject to the following conditions 1 The development shall be in substantial conformance with the plans prepared by Christopher B Burke Engineering, Ltd as revised in September 2004 and submitted as Exhibit Books C and D in the case file 2 Final Engineering approval SECTION 3 This Ordinance is limited and restricted to the property commonly known as Butler National Golf Club — 2616 York Road, Oak Brook, Illinois, P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06- 25- 101 -002, 06 -25- 300 -018 SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ayes Nays Absent APPROVED THIS 26th day of October, 2004 Kevi Quinlan Vill ge President PASSED THIS 26th day of October, 2004 Ordinance 2004- ZO- V -EX1 -S -1086 Granting Variation from Sec 9 -6 -3 -V Page 3 of 3 Butler National Golf Club — 2616 York Road) 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) Q Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None F ATTEST C7; - C 00 " - I, e n L & e- "! - R— Linda K Gonnella, CMC Village Clerk ATTEST C7; - C 00 " - I, e n L & e- "! - R— Linda K Gonnella, CMC Village Clerk 1W:4:ri4111r_l LEGAL DESCRIPTION OF BUTLER NATIONAL GOLF CLUB PARCEL "A" 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 the plat of lands of F O. and J.F Butler, DuPage County, Illinois as per plat thereof, recorded February 13, 1912 as Document No 107037, described as follows: Commencing at the center of said Section 25; thence South 89 degrees 44 minutes 33 seconds West along the South line of the Northwest quarter of said Section 25, a distance of 937.89 feet; thence South of 0 degrees 15 minutes 27 seconds East at right angles to last described line a distance of 51.80 feet; thence South of 89 degrees 44 minutes 33 seconds West Parallel with the North line of the Southwest quarter of said Section 25, a distance of 790.62 feet to the place of beginning; thence continuing South 89 degrees 44 minutes 33 seconds West along said parallel line a distance of 898.31 feet, more or less, to point on the West line of the Southwest quarter of said Section 25, said point being 51 80 feet South 0 degrees of 05 minutes 55 seconds East of the West quarter corner of said Section 25, thence South 89 degrees 28 minutes 02 seconds West, parallel with the North line of the South east quarter of said Section 26, a distance of 570.75 feet to the center thread of Salt Creek; thence Southerly along the center thread of Salt Creek the following eight courses and distances (1) South 7 degrees 27 minutes 27 seconds East a distance of 59.91 feet; (2) thence South 22 degrees 59 minutes 47 seconds West a distance of 402.00 feet; (3) thence South 9 degrees 18 minutes 58 seconds West, a distance of 100.98 feet; (4) thence South 1 degree 41 minutes 03 seconds East a distance of 92.01 feet; (5) thence South 5 degrees 43 minutes 56 seconds East, a distance of 102.84 feet; (6) thence South 12 degrees 54 minutes 23 seconds West, a distance of 200.81 feet; (7) thence South 18 degrees 31 minutes 18 seconds West, a distance of 101.79 feet; (8) thence South 30 degrees 37 minutes 59 seconds West, a distance of 164.77 feet, thence North 31 degrees 30 minutes 21 seconds West, a distance of 283.68 feet; thence North 36 degrees 03 minutes 11 seconds West, a distance of 23.38 feet, thence North 48 degrees 25 minutes 50 seconds, a distance of 17.80 feet, thence North 60 degrees 14 minutes 11 seconds West, a distance of 18.21 feet, thence North 76 degrees 19 minutes 55 seconds West, a distance of 22.69 feet; thence North 55 degrees 22 minutes 48 seconds West, a distance of 99.73 feet, thence North 37 degrees 43 minutes 26 seconds West, a distance of 97.09 feet; thence North 53 degrees 55 minutes 52 seconds West, a distance of 658.29 feet; thence North 67 degrees 57 minutes 55 seconds West, a distance of 452 22 feet, more or less, to a point on the East line of Lot 3 in Oak Brook Investment Company Assessment Plat No. 3, as per plat thereof, recorded July 23, 1964 as Document No. R64- 26333, said point being 243.64 feet South 27 degrees 50 minutes 10 seconds East of the Northeast corner of said Lot 3; thence Northerly and Westerly, along the East lines of Lots 2 and 3 in Oak and Westerly, along the East lines of Lots 2 and 3 in Oak Brook Investment Company Assessment Plat No. 3, the following three (3) courses and distances: (1) North 27 degrees 50 minutes 10 seconds West, a distance of 243 64 feet to the Northeast corner of Lot 3; (2) thence North 27 degrees 50 minutes 10 seconds West, a distance of 430.63 feet (430 71 feet recorded), (3) thence North 0 degrees 02 minutes 00 seconds East, a distance of 803.24 feet, more or less, to a point on the South line of Jorie Boulevard as dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof recorded October 14, 1970 as Document No. R70- 37311, and vacated per plat of vacation recorded April 28, 1972, Document No R72- 21725, which point is 76.69 feet, arc - measure, along said Southerly line, Northeasterly of the Southwest corner of said Jorie Boulevard, thence North and East along the Southerly line of Jorie Boulevard as dedicated per Document No. R70- 37311, the following three courses, curves, and distances; (1) Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of North 67 degrees 39 minutes 01 second East and a length of 358.74 feet, an arc - distance of 367 91 feet to a point of tangency; (2) thence North 89 degrees 53 minutes 10 seconds East, a distance of 1647.75 feet to a point of curvature; (3) thence Northeasterly along an arc of a circle being convex to the Southeast, having a radius of 574 feet, the chord thereof, having a bearing of North 59 degrees 03 minutes 46 seconds East and a length of 588 23 feet, and arc - distance of 617.59 feet; thence South 77 degrees 30 minutes 42 seconds East, a distance of 254.41 feet; thence North 68 degrees 11 minutes 47 seconds East, a distance of 289 97 feet; thence South 61 degrees 53 minutes 15 seconds East, a distance of 783 73 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen courses and distances: (1) North 21 degrees 03 minutes 27 seconds East, a distance of 101 36 feet; (2) thence North 19 degrees 48 minutes 47 seconds West, a distance of 35.24 feet; (3) thence North 72 degrees 33 minutes 30 seconds West, a distance of 85.60 feet; (4) thence North 25 degrees 59 minutes 25 seconds West, a distance of 33 40 feet; (5) thence North 20 degrees 34 minutes 40 seconds East, a distance of 38.34 feet; (6) thence North 47 degrees 49 minutes 29 seconds East, a distance of 21.06 feet, (7) thence North 75 degrees 04 minutes 19 seconds East, a distance of 41 77 feet, (8) thence South 62 degrees 24 minutes 06 seconds East, a distance of 143 64 feet; (9) thence South 52 degrees 51 minutes 32 seconds East, a distance of 75 26 feet; (10) thence South 10 degrees 18 minutes 20 seconds East, a distance of 37.78 feet, (11) thence South 44 degrees 37 minutes 42 seconds East, a distance of 54.08 feet; (12) thence South 33 degrees 05 minutes 26 seconds East, a distance of 95 57 feet, (13) thence South 6 degrees 55 minutes 35 seconds East, a distance of 56 01 feet; (14) thence South 30 degrees 07 minutes 42 seconds West, a distance of 50.73 feet, (15) thence South 60 degrees 56 minutes 59 seconds West, a distance of 65.64 feet; (16) thence South 25 degrees 13 minutes 17 seconds West, a distance of 100.92 feet; (17) thence South 16 degrees 22 minutes 23 seconds West, a distance of 60.82 feet; thence South 54 degrees 58 minutes 35 seconds East, a distance of 401 35 feet; thence South 17 degrees 53 minutes 13 seconds East, a distance of 340.40 feet; thence South 50 degrees 20 minutes 30 seconds East, a distance of 125 30 feet to a point of curvature; thence Southerly along an arc of a 'arcle, being convex to the Northeast, having a radius of 210 feet, the chord thereof, having a bearing of South 17 degrees 16 minutes 36 seconds East and a length of 229.15 feet, an arc - distance of 242.38 feet to a point of tangency; thence South 15 degrees 47 minutes 18 seconds West, a distance of 56.90 feet, more or less, to a point which is 69.89 feet North 15 degrees 47 minutes 18 seconds East of a point on the South line of the Northwest quarter of said Section 25, which point is 729.61 feet South 89 degrees 44 minutes 33 seconds West, of the center of said Section 25, thence South 87 degrees 00 minutes 00 seconds West, a distance of 84 71 feet to a point of curvature; thence Westerly along an arc of a circle, being convex to the South, having a radius of 600 feet, the chord thereof having a bearing of North 87 degrees 26 minutes 18 seconds West and a length of 116.30 feet, an arc - distance of 116.48 feet to a point of tangency; thence North 81 degrees 52 minutes 36 seconds West, a distance of 58.67 feet to a point of curvature, thence Northwesterly along an arc of a circle, being convex to the Southwest, having a radius of 30 feet, the chord thereof having a bearing of north 62 degrees 06 minutes 14 seconds West and a length of 20 30 feet, an arc - distance of 20.71 feet to a point of reversed curvature; thence Northwesterly along an arc of a circle being convex to the Northeast having a radius of 30 feet, the chord thereof having a bearing of North 69 degrees 02 minutes 37 seconds West, and a length of 26 97 feet, an arc - distance of 27 97 feet to a point of tangency; thence South 84 degrees 14 minutes 37 seconds West, a distance of 139.23 feet; thence South 38 degrees 47 minutes 05 seconds West a distance of 17.46 feet; thence South 67 degrees 40 minutes 42 seconds West, a distance of 30.35 feet; thence South 51 degrees 54 minutes 11 seconds West, a distance of 47.12 feet; thence South 80 degrees 31 minutes 54 seconds West, a distance of 507.98, more or less, the place of beginning; PARCEL B ": Those parts of Lots 1,2 and 3 in Oak Brook Investment Company Assessment Plat No 3, aforesaid, described as follows: Beginning at the Northeast corner of said Lot 3; thence North 27 degrees 50 minutes 10 seconds West, along the East line of said Lot 2, a distance of 430.63 feet (recorded 430.70 feet) to an angle point in the East line of said Lot 2; thence North 0 degrees 02 minutes 00 seconds East along the East line of Lot 2, a distance of 803.24 feet, more or less, to a point on the South line of Jorie Boulevard as dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof recorded October 14, 1970 as Document No R70- 37311, and vacated per plat of vacation recorded April 28, 1972, Document No. R72- 21725, said point being 76.69 feet arc - measure along said Southerly line, Northeasterly of the Southwest corner of said Jorie Boulevard; thence Southwesterly along the Southerly line of said vacated Jorie Boulevard, being also an arc of a circle, convex to the Northwest, having a radius of 474 feet, the chord thereof, having a bearing of South 40 degrees 46 minutes 46 seconds West, and a length of 76.60 feet, an arc - distance of 76.69 feet to the most Southerly corner of vacated Jorie Boulevard aforesaid; thence North 0 degrees 02 minutes 00 seconds East along the West line and the West line extended North of said vacated Jone Boulevard, a distance of 188.23 feet to the Southerly line of Jorie Boulevard, as dedicated in Corporate Plaza Subdivision Unit Two, as per plat thereof, recorded August 10, 1972 as Document No R72- 46895; thence South and West along the Southerly and easterly lines of Jorie Boulevard as dedicated per Document No. R72- 46895. The following two (2) curves, courses, and distances. (1) Southwesterly along an arc of a circle, being convex to the Northwest, having a radius of 330.82 feet, the chord thereof, having a bearing of South 39 degrees 41 minutes 19 seconds West and a length of 423 47 feet, an arc - distance of 459.54 feet to a point of tangency; (2) thence South 0 degrees 06 minutes 20 seconds East a distance of 868 86 feet; thence South 56 degrees 34 minutes 26 seconds East, a distance of 424 59 feet; thence South 70 degrees 23 minutes 58 seconds East, a distance of 256.19 feet; thence South 67 degrees 57 minutes 55 seconds East, a distance of 40.38 feet, more or less, to a point in the Easterly line of said Lot 3, which point is 243.64 feet South 27 degrees 50 minutes 10 seconds East of the Northeast corner of said Lot 3; thence North 27 degrees 50 minutes 10 seconds West, a distance of 243.64 feet to the place of beginning; And also: PARCEL "C ": Lot 2 in Oak Brook Development Company's Jorie Boulevard Resubdivision of Lot 6, in Corporate Plaza Subdivision Unit One, being a Subdivision of parts of Sections 25 and 26, aforesaid, as per plat of said Resubdivision recorded April 25, 1972, as Document No R72- 21079, And Also PARCEL "D ": That part of Jorie Boulevard is dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof, recorded October 14, 1970 as Document No R70- 37311, and vacated per Plat of Vacation recorded April 28, 1972, Document No R72- 21725, all in DuPage County, Illinois SAID PARCELS "A ", "B ", "C ", "D" HEREINABOVE DESCRIBED, taken as a tract, being bounded westerly and northerly by, and adjoining, the existing Easterly and Southerly right -of -way lines of Jone Boulevard as dedicated per Document Number R73 -30748 in the Recorder's Office of DuPage County. Illinois; as dedicated per Corporate Plaza Subdivision Unit Two, being a Subdivision recorded as Document Number R72 -46895 in the Recorder's Office of DuPage County, Illinois; and as dedicated per Corporate Plaza Subdivision Unit One, being a subdivision recorded as Document Number 70 -37311 in the Recorder's Office of DuPage County, Illinois; and as vacated per document number R72 -21725 in the Recorder's Office of DuPage County, Illinois; being also bounded Northerly by, and adjoining, 711 Jone Boulevard Subdivision, being a subdivision recorded as Document Number R78- 109620 in the Recorder's Office of DuPage County, Illinois; being also bounded Northerly, Easterly, and Southerly by, and adjoining, Sports Core Subdivision, being a subdivision recorded as Document Number R79- 278489 in the Recorder's Office of DuPage County, Illinois, and being also bounded southerly by, and adjoining, Butler GHG Subdivision, being a subdivision recorded as Document Number R80- 44966 in the Recorder's Office of DuPage County, Illinois. Said parcels "a ", "b ", "c ", "d" hereinabove described, contain a total of 167.090 acres, more or less Permanent Parcel # 06 -25- 300 -018; 06 -25- 101 -002; 06 -26- 202 -002; 06 -26- 401 -002 (The area is commonly known as the Butler National Golf Club)