S-457 - 10/21/1980 - SPECIAL USE - Ordinances ORDINANCE' NO. S- 457
.AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR CERTAIN WORK
AND CONSTRUCTION WITHIN THE FLOOD PLAIN PURSUANT TO SECTION
10- 34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
(Lot^ 1 in Butler G.H. Q. Subdivision)
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 Special Use Permit under -
Section 10- 34 of the Code of Ordinances of the Village of Oak Brook
relating t:e floc;d plain and wetland regulations ; and
WHEREAS, a public hearing on such petition has been conducted
by the Zoning Board of Appeals of the Vill-age on October 7 , 1980
pursuant to due and appropriate legal notice ; and
IHEREAS, the Plan Commission of the Village of Oak Brook
has submitted its recommendations to the President and Board of
Trustees ; and
1VHEREAS, the proposed work and construction 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 0ak
relating to minimum standards for use of flood plain property ;
and
I11HEREAS, 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 ;
ti0ti , THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEIFS 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 Ordin-
ances of te, Village of Oak Brook a Special Use Permit is hereby
granted for the following work and construction within the flood
plain, detailed as follows :
1 . Grading at the property described in Section 3
hereof substantially in accordance with the grading
plans depicted on Sheets G-2 , G- 3 and G-4 pre-
pared by Sasaki Associates , Inc. and dated
July 14 , 1980 , as modified by the folloi,,ing:
Sketch SK210 , dated September 25, 1980
Sketch SK211 , dated September 2S, 1980
Sketch SK214 , dated September 25 , 1980
which sketches are attached hereto , collectively
labelled Exhibit "A" and hereby made a part hereof.
2 . Installation of two weirs to control the outflow
from the two lagoons to be constructed .
3 . Installation of one inlet check drop at the
western end of the upper (or western) lagoon .
4 . Paving of three short stretches of the Gin;;cy
Creel: channel as follows :
Ordinance S- 457
Special
Granting Flood }'lain _a1
Use Permit - Lot 1 Butler
G . H. Q. Subdivision
a) between Jorie Boulevard and the upper
(western) lagoon;
b) between the two lagoons ; and
c) between the lower (eastern) lagoon and
Salt Creek.
S . Construction of two retaining walls adjacent to
the upper (western) lagoon ; one along a part of
the north side and one along a part of the
south side .
6 . Construction of a "service drive" for emergency ,
maintenance and security vehicles in the flood
fringe along Salt Creek .
7 . Construction of one vehicular bridge in the flood
plain for the above service drive to cross the
Ginger Creek channel near Salt Creek .
8 . Construction of one pedestrian bicycle path
bridge with its surfact. and upper structure above
flood levels to cross the Ginger Creek channel
near Jorie Boulevard.
9 . Construction of two pedestrian bridges/walkways
across parts of the upper (western) lagoon.
r
Section 3 : That the provisions of this Ordinance are ex-
pressly limited to the property located on the East side of Jorie
Boulevard North of Oak Brook Road, which property is legally described
as .
Lot 1 in Butler G. F .Q. Subdivision, a subdivision of
part of Section 26 , Township 39 North, Range 1.1
East of the Third. Principal Meridian according
to the plat thereof recorded August 6 , 1980
as Document =R80-44966 , Book 98 , Page 91 of
Plats , in DuPage County, Illinois .
Permanent Parcel Numbers : 06- 26- 302- 001_
06- 26- 302-004
06- 26- 400- 002
06-26-400-003
06- 26- 400- 010
06- 26- 400-013
06- 26-401- 003
Section 4 : That the Special. Use Permit herein granted pur-
suant to Section 2 of this Ordinance is expressly subject to the
following conditions :
A. That the approval of this Ordinance is without
prejudice to the rights of the Village of Oak
Brook to review and approve or disapprove any
improvements pursuant to Ordinances G- 238 , G- 233
and S- 409. of the V:i_llage of Oak Brook in conjunction
with consideration of any improvement plan for the
property in question.
B. That any building without a basement built on or
adjacent to any proposed retaining walls shall
have a first floor elevation at an elevation of
at least 3 feet above the base flood elevation
i
Page 3
Ordinance No . S- 457
Granting Flood Plain Special
Use - Lot 1 Butler G .H . Q .
Subdivision
of the flood plain, and if basements
are built they are to be flood proofed to
an elevation of at least 3 feet above
the base flood elevation .
C . That the construction of any of the improvements
or commencement of any work described herein
in Section 2 is specifically subject to :
1 . Submission to and approval by the
Village Engineer of final engineering
plans and specifications for the work
described in Section 2 hereof; and
2 . The approval by the Village of an im-
provement pal.n, in conformance with the
Ordinances of the Village ,- relative to the
subject property .
Section 5 : That this Ordinance shall be in full force and
effect fro;i and after its passage and approval as provided by lal,r.
Section 6 : All ordinances , rules and regulations of the
Village of Oak Brook which are in confl.i.ct with the provisions of
this Ordinance are hereby repealed to the extent of such conflict ,
M but only as they apply to the property hereinbefore described.
Section 7 : If any section , subsection , sentence , clause
or phrase of this Ordinance is for any reason held to be invalid,
such deterrination shall not affect the validity of any remaining
portion of this Ordinance .
Passed this 21st day of October. 1980
Ayes : Trustees Con rove, Imrie, Philip, Reynolds, Rush and Watson _
Nays : None
Absent : None-
Approved this 21st day of October _ ^ 1.980 .
Village President
ATTEST:
----Village Clerk
Approved o Form:
-- - V -1 1ar,c. At oz n e y
Published
Not Published