S-773 - 05/10/1994 - SPECIAL USE - Ordinances ORDINANCE 94-ZO-SU-FP-S-773
AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(Oak Brook Lakes Subdivision)
(East of York Road, 300 Feet North of Luthin Road)
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 Flood Plain 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 November 2, 1993, and December 7,
1993, 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, both the Plan Commission and Zoning Board of Appeals have
recommended approval of the petition since 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 Flood Plain Special Use Permit is hereby
granted to develop a portion of a proposed five-lot subdivision within the
flood plain of Salt Creek, said property is legally described as:
Parcel 1: The North half of the South 330.94 feet of the North
718.84 feet (measured on the East line of Lot 1 of Graue's
Assessment Plat No. 1, in the West half of the Southeast Quarter
of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof recorded
February 11, 1944 as Document No. 458793 in DuPage County, IL.
1 '
Ordinance 94-SU-FP-S-773
Granting a Flood Plain
Special Use
Oak Brook Lakes Subdivision
Page 2
Parcel 2: The South half of the South 330.94 feet of the North
718.84 feet (measured on the East line) of Lot 1 of Graue's
Assessment Plat No. 1, in the West half of the Southeast Quarter
of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof recorded
February 11, 1944 as Document No. 458793 in DuPage County, IL.
Parcel 3: The South 150 feet of the North 387.90 feet (measured
on the East line) of Lot 1 of Graue's Assessment Plat No. 1, being
a part of the West half of the Southeast Quarter of Section 36,
Township 39 North, Range it East of the Third Principal Meridian,
according to the plat thereof recorded February 11, 1944 as
Document No. 458793 in DuPage County, Il.
Permanent Parcel Nos. 06-36-404-002; 06-36-404-003; 06-36-404-004;
Section 3: That the Special Use Permit granted pursuant to Section 2 of
this ordinance is expressly subject to the following conditions:
1. That all improvements constructed on the subject property be
constructed in accordance with the Building Code and in accordance
with the requirements for flood resistent construction as set
forth in Section 2102.0 of the BOCA National Building Code.
2. That building permits shall not be issued until the storm water
facilities are functional. The storm water facilities within this
subdivision consist of five (5) connected ponds and associated
storm sewers as illustrated on the final site engineering and
grading plans dated April 12, 1994. These facilities shall be
deemed functional when the pond grading, the storm sewer system,
and erosion control measures have been constructed in substantial
compliance with the final site engineering plans. Seeding,
sodding, and landscaping need not be completed as a condition
precedent to the issuance of building permits but shall be
completed before the issuance of occupancy permits.
3. That all work be in compliance with all other zoning and
subdivision requirements and any other applicable provisions of
the Village Code.
Section 4: That the special use permit herein granted in Section 2 of
this Ordinance be further expressly subject to the condition that the
improvements required by the Village in the Oak Brook Lakes Subdivision
Improvement Agreement be completed within three years from the date of the
Subdivision Improvement Agreement. If the property owner fails to meet the
conditions of this section, this special use permit shall automatically
terminate and be of no further force and effect.
Ordinance 94-SU-FP-s- 773
Granting a Flood Plain
Special Use
Oak Brook Lakes Subdivision
Page 3
Section 5: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 10th day of May , 1994.
Ayes: Trustees Kenny, McInerney, Payovich, Shumate and Skinner
Nays: None
Absent: Trustee Bartecki
Abstain: None
APPROVED THIS 10th day of May , 1994.
vi'llage President
ATTEST:
i:lla Clerk
Appr; ed as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Oak Brook Lakes Partnership, Ltd.
and Ronald Ferrin
Address: 2211 York Road, Suite 202
PIN: 06-36-404-002; 06-36-404-003;
06-36-404-004;