Loading...
S-529 - 06/12/1984 - SPECIAL USE - Ordinances R 85 �J ORDINANCE NO. S-529 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE PARTIAL FILLING OF LOTS IN A FLOOD PLAIN PURSUANT TO SECTION-10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK ILLINOIS (OLD OAK BROOK SUBDIVISION) WHEREAS, the owner of certain property described herein has petitioned corporate authorities of the Village of Oak Brook, Du Page 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 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 May 1, 1984, 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, 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 Special Use Permit is hereby granted to allow the partial filling of certain lots in the flood plain on property located in the Old Oak Brook Subdivision, Oak Brook, Illinois, which property is legally described as: Lots '1 and Lots 15 through and including Lot 22 of the Old Oak Brook Subdivision, being a subdivision of part of the Northeast Quarter of Section 35, Township 39 North, Range 11 East of the Third Principal Meridian, in DuPage County, Illinois. Section 3: That the Special Use Permit herein granted in Section 2 of this Ordinance is expressly subject to the following conditions: 1. That the amounts of the cuts and/or fills shall be in substantial -2onformity with Sheets 5, 6, and 8 of the Engineering Plans by the Balsamo/Olson Engineering Company showing soil boring locations dated March 7, 1984, a copy of which is attached hereto, labelled Exhibit A and made a part hereof. 2. That compensatory storage shall be located in substantial conformity with the Plat drawn by the Balsamo/Olson Group, Inc. as last revised May 7, 1984 and shall be provided in compliance with Ordinance G-217 of the Village of Oak Brook, Sections 10-16 to 10-52 of the Code of Ordinances of the Village of Oak Brook. 3. That no buildings shall be constructed outside the buildable area. 4. That citation to the provisions of this Ordinance shall be included on each and every deed conveying any interest in the property which is the subject of this Ordinance. -- - - Ordinance Number S-529 Old Oak Brook Subdivision Page two 5. That the petitioner shall cause the title holder of the property to execute a covenant not to sue in a form acceptable to the Village and cause the same to be recorded with the Du Page County Recorder of Deeds prior to the Village granting any building permit. 6. That the petitioner obtain the approval of the attached Enkineering Plans by the Illinois Division of Water Resources, the Army Corps of Engineers and the Hinsdale Sanitary District prior to commencing any work pursuant to said plans. 7. That the petitioner shall disclose the condition of the property to purchasers and prospective purchasers thereof by delivery to them of a topographical map showing the property in question giving the approximate. elevation of ,the flood plain and approximate location of the floodway for the subject property with building recommendations and notice shown thereon in a form as approved by the Village. Section 4: That this Ordinance shall be in force and effect from and after its passage and approval as provided by law. _ Section 5: All ordinances, rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance, are hereby repealed to the extent of such conflict, but only as they apply to the property hereinbefore described. - Section 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. Passed this 12th day of June 1984. Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush and Watson Nays: None Absent. None Approved this 12th day of June 984. Village President -- ATTEST: co Villag Clerk �� c-n � Approved as to Form: Village.`Attorney Published Date Paper Not Published X f 2 4PO Do- /� D -o , ► 6 -fill STATE OF ILLINOIS ) )SS. COUNTIES OF COOK & DU PAGE) I , 14ARIANNE LAKOSIL do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties , Illinois . I DO FURTHER CERTIFY that the annexed document is a -true and correct copy of Ordinance No. S-529 entitled "AN ORDINANCE to GRANTING A SPECIAL USE PERMIT TO ALLOW THE PARTIAL FILLING OF LOTS IN A FLOOD PLAIN PURSUANT-TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE CZ e co VILLAGE OF OAK BROOK, ILLINOIS (OLD OAK BROOK SUBDIVISION)" cV ' r '7 co m I DO FURTHER CERTIFY that the original document, 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 re- 0 - �C-) C w cords , Journals , entries , resolutions , ordinances , and documents r �u of the said Village of Oak Brook, DuPage and Cook Counties , Illinois . co _D r� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 25th day of June 19 84 %' pC 0 q VIM age lerk of, t e iliage o / Oak Brook, DuPage &'--Gook- C.oun-ties , / Illinois . ccz:,�, '