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S-572 - 11/26/1985 - SPECIAL USE - Ordinances ORDINANCE NO. S 572 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR CERTAIN FILLING AND CONSTRUCTION WITHIN THE FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK (Butler National Golf Club) WHEREAS, Butler National Golf Club filed an application with the Village Clerk of the Village of Oak Brook requesting 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, on September 10, 1935 the Corporate Authorities referred the application to the Plan Commission and the Zoning Board of Appeals for public hearings; and WHEREAS, after consideration of the application at its meetings on September 16, 1985 and October 21, 1985, the Plan Commission recommended to the Village Board that the requested special use permit be granted; and WHEREAS, at its meeting on November 5, 1985 pursuant to due and appropriate legal notice, the Zoning Board of Appeals recommended to the Village Board that the applicant's request for a flood plain special use permit be granted as the proposed filling 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 Oak Brook relating to minimum standards for use of flood plain property; 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 Flood Plain Special Use Permit is hereby granted to allow construction of a low flow auxiliary channel crossing and filling/excavation associated with the construction of berms at the 11th and 18th fairways on the property legally described as follows: Those parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal Meridian and parts of Lots 1, 2, 6, 8 and 16 in Plat of Lands of F.O. and J.F. Butler, Town of Du Page County, Illinois, as per Plat thereof, Recorded February 13, 1912 as Document No. 107037. Permanent Parcel Nos. 06-25-101-002, 06-26-401-002 and 06-26-202-002 Section 3: That the Flood Plain Special Use Permit herein granted in Section 2 of this Ordinance is expressly subject to the following conditions: A. That all land modifications and construction on the Subject Property be done in substantial conformity with the 4-Sheet Set of Plans entitled "Butler National Golf Club Floodplain Projects" drawn by Lindley & Sons, Inc. dated June 2.8, 1985, a copy of which is attached hereto, labelled Exhibit "A" and hereby made a part hereof. Sheet l of 4 was last revised October 12, 1985; sheet 2 of 4 was last revised October 11, 1985; sheet 3 of 4 was last revised August 22, 1985; and sheet 4 of 4 was last revised August 22, 1935. Ordinance No. S- 572 Granting A Special Use Permit for Filling and Construction within the Flood Plain (Butler National Golf Club) Page two B. That the petitioner, Butler National Golf Club, install a permanent structure to be set at the revised elevation of the secondary channel such that it would not be visible in the event Butler National increased the channel's height, for the purpose of determining Butler National's compliance with revised pump settings. C. That Butler National take all steps necessary to ensure that the intake for the Village's pump (as shown on Page 1 of the Plans) is not disrupted, diminished or interferred with during the course of construction and maintenance of the improvements, in particular construction and maintenance of the earthen bridge and culvert over the secondary channel. D. That in the event that Butler National, or its successors and assigns, fails to comply with the above conditions, upon telephone notice in the case of an emergency, or upon three (3) days written notice, the Village may enter onto the premises and take remedial action to ensure that its water supply is not disrupted or diminished. The cost of said remedial action shall be paid in its entirety by Butler National, its successor and assigns. 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 26th day of November 1985. Ayes: Trustees Bushy, Imrie, Maher, Philip and Rush Nays: None Absent: Trustee Winters APPROVED THIS 26th day of November , 1985. il'lage resi en /"4' Ordinance No. S— 572 Granting A Special Use Permit for Filling and Construction within the Flood Plain (Butler National Golf Club) Page three ATTEST: r Vilinge' Clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX