S-552 - 04/09/1985 - SPECIAL USE - Ordinances ORDINANCE NO. S- 552
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE GRADING
OF LOTS IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
(LEBBIN'S RESUBDIVISION)
WHEREAS, the owner df certain property described herein has petitioned the
corporate"authorities of the Village of Oak Brook, DuPage and Cddk Counties,
Illinois, -fdr a Special Use Permit under Section 10-34 of the C6'de 6f Ordinances
6f the Village of Oak Brook, relating to flood plain and wetland regulations; and
WHEREAS, the public hearing on such petition has been conducted by the
Z6ning Board bf Appeals df the_Village on March 5, 1985, pursuant td due and
apprbpriate legal notice; and
WHEREAS, 6n February 18, 1985, the Plan Commission of the Village 6f Oak
Brook 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'eaeh of the factors set forth in Section 10-34(c) of the Cade bf Ordinances
of the Village df-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 futherance 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 f @116ws:
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 df the Code df Ordinances df the
Village of Oak Brddk,` Illinois, a Special Use Permit is hereby granted to allow
the grading of certain lots in the flood plain on property located in the
Lebbin's Resubdivision, Oak Brook, Illinois, which property is legally described
ass
Lots 1 though and including 3 of the Lebbin's Resubdivision,
a subdivision of that part bf the Sbuthwest Quarter df
Section 36, Township 39 Ndrth, Range 11 East of the Third
Principal Meridian, in DuPage County, Illinois.
Section 3: That the Special Use Permit herein granted in Section 2 df this
Ordinance is expressly subject to the following conditions:
1. That all grading on the Subject Property be done in
substantial conformity with the Final Grading Plan (Sheet 2 of
2) drawn by Lindley and Sons, Inc. as last revised April 2,
1985, 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 locations shown on Exhibit A and shall be
provided in compliance with Ordinance G-217 of the Village of
Oak Brook, Sections 10-16 to 10-52 bf the Code of Ordinances
df the Village of Oak Brook.
°.- Ordinance No. S- 552
' Granting a Special Use Permit
to Allow Grading in a Flood
Plain
(Lebbin's Resubdivision)
Page two
3. 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. -
4. That the petitioner obtain the approval of the attached Final
Grading Plan by the Illinois Division 6f Water Resources, the
Army Corps of,Engineers and the Hinsdale Sanitary District
prior to commencing any work pursuant to said plan. '
`5. That the petitioner shall discl6se the conditidn of the
property to purchasers and prdspective purchasers theredf by
' delivery .to them of. a topographical map showing the property
in questi6n'giving the approximate elevation of the flood
plain for the 'subject property and n6tice shown thereon in a
form'as, approved by the Village.
Secti6n'4es `That this Ordinance shall be in force and effect frdm and after
its passage and approval as provided by law.
=Seidn.5: All or
ct dinances, -rules and regulations of the Village of Oak
Brook which are in conflict with the provisions 6f this Ordinance are hereby':'
repealed to the extent of such conflict but only as they apply to the property
herenbef6re described.
Sectidin 6 If any section, subsection, sentence, clause 6r 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 9th day of April 7985.
Ayes: Trustees 1mrie, Listecki, Rush and President Cerne
Nays: None
Absent: Trustees Maher, Philip and Watson
APPROVED this 9th -- day of April 1985.
Village President
;ATTEST:
Vill ge Clerk
A�proved.`a's• to Form:
ii ; \
Village Attorney
Published
Date Paper
Not Published XX