S-562 - 07/23/1985 - SPECIAL USE - Ordinances ORDINANCE NO. S- 562
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW CONSTRUCTION
OF A STRUCTURE IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS
(601 and 607 Harger Road)
WHEREAS, the owners of certain, property described herein have petitioned the
corporate authorities of the Village of Oak Brock, 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, the public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on July 2, 1985, pursuant to due and
appropriate legal notice; and
WHEREAS, on June 17, 1985, the Plan Commission of the Village of 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, provided that the conditions set forth below are satisfied; 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
construction of an underground parking facility on the property commonly known. as
601 and 607 Harger Road, Oak Brook, Illinois, and legally described as follows:
Lot 1 in Boy Scouts of America Assessment Plat of part of the
Southwest Quarter of Section 24, Township 39 North, Range 11
East of the Third Principal Meridian in Du Page County,
Illinois, according to the Plat thereof recorded August 30,
1965, as Document No. R65-33223. And also Lot 1 in Vegter's
Assessment Plat of part of said Southwest Quarter of Section.
24, Township 39 North, Range 11 East of the Third Principal
Meridian in DuPage County, Illinois, according to the Plat
thereof recorded June 13, 1953 as Document No. 685367.
Permanent Parcel Nos. 06-24-304-002, 06-24-304-003
Section 3: That the Special Use Permit herein granted in Section 2 of this
Ordinance is expressly subject to the following conditions:
1. That all lard modifications and construction on the Subject Property be
done in substantial conformity with the Substitute Grading Plan drawn, by
Fujikawa, Johnson and Associates and Lindley and Sons, Inc. as last
revised June 28, 1985, a copy of which is attached hereto, labelled
Exhibit A and made a part hereof.
Ordinance No. S- 562
Granting A Special Use
Permit to Allow Construction
in a Flood Plain.
(601 & 607 Harger Road)
Page two
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 of the Code of Ordinance of
the Village of Oak Brook.
3. That sump pumps and an emergency generating system be
installed to prevent an accumulation of storm water in the
underground parking area.
4. That citation of the provisions of this Ordinance shall be
included on each and every deed conveying any interest in the
property which is subject to this Ordinance.
5. That the petitioner obtain the approval of the attached
Substitute Grading Plan, by the Illinois Division of Water
Resources and the Hinsdale Sanitary District prior to
commencing any work pursuant to said plan,.
6. 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 for the subject property and notice shown, thereon in a
form as approved by the Village.
Section 4: That this Ordinance shall be in full 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 23rd day of July 1985.
Ayes: Trustees Bushy, Imrie, Maher, Rush and Winters
Nays: None
Absent: Trustee Philip
APPROVED THIS 23rd day of July , 1985.
Village President
Ordinance No. S- 562
Granting a Special Use
Permit to Allow Construction
in a Flood Plain
(601 & 607 Harger Road)
Page three
ATTEST:
Village Clerk
Approved as to Form:
n /
Village Attorney
Published
Date Paper
Not Published xx