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S-1224 dana-maORDINANCE 2008-ZO-MA-R-S-1224 AN ORDINANCE REZONING AND GRANTING A MAP AMENDMENT FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (PIN: 06-33-103-039, 06-33-103-040, 06-33-103-041, and 06-33-103-042) WHEREAS, Frank Paul Development Corporation (the "Petitioner") is the owner of certain Property known as the Dana Park Subdivision (the "Property") which is legally described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Petitioner has filed a petition requesting the Village to rezone the Property from R-2 to R-3 and to amend the Village's zoning map accordingly; and WHEREAS, at its meeting on November 20, 2007, the Pian Commission reviewed the request and found that the applicant had addressed and satisfied the requirements for a map amendment. The Plan Commission unanimously recommended approval of the request to rezone the subject Property. WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for the rezoning and map amendment, pursuant to due and appropriate legal notice, and did not recommend approval of the rezoning and map amendment, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission as well as the minutes of the December 4, 2007 public hearing of the Zoning Board of Appeals and deem the rezoning and map amendment, as set forth below, to be in the best interests of the Village. 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Property is rezoned from R-2 to R-3 and the Village's zoning map is amended accordingly. Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance. Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Ordinance 2008-ZO-MA-R-8-1224 Dana Park Map Amend. 06-33-103-039, 06-33-103-040, 06-33-103-041 and 06-33-103-042 Page 2 of 3 APPROVED THIS 22nd day of January, 2008. PASSED THIS 22nd day of January, 2008. Ayes: Trustees Carson Kennedy, Manofsl Sai ed Sanford and Wolin Nays: None Absent: None Charlotte K. Pruss Village Clerk Ordinance 2008-ZO-MA-R-S-1224 Gana Park Map Amend. 06-33-103-039, 06-33-103-040, 06-33-103-041 and 06-33-103-042 Page 3 of 3 EXHIBIT A The scope of this ordinance are limited and restricted to the property commonly known as the Dana Park Subdivision, which is legally described as follows: LOT 1 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE. NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER 82006-024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-33-103-039 LOT 2 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-33-103-040 LOT 3 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER 82006-024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-33-103-041 LOT 4 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-33-103-042