Loading...
R-960 - 01/09/2007 - SUBDIVISION - ResolutionsRESOLUTION 2007- SD- PP -V -R -960 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR BRITTWOOD CREEK AND GRANTING CERTAIN WAIVERS AND VARIATIONS FROM CERTAIN PROVISIONS OF SECTION 14 -6 -2 (DESIGN STANDARDS) AND SECTION 14 -6 -3 (LAND IMPROVEMENT STANDARDS) OF TITLE 14 (SUBDIVISION REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO BLOCK LAYOUT, WIDTH OF PRIVATE STREETS, CURBS AND GUTTERS, AND SIDEWALKS (A parcel of approximately 57 acres, located at the Southeast Corner of Route 83 and 35th Street, Oak Brook, Illinois 60523) PIN's 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016 WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code (the "Subdivision Regulations "), and WHEREAS, the owners and contract purchasers (the "Petitioners ") of the proposed Brittwood Creek Subdivision, which is a parcel of approximately 57 acres, located at the Southeast Corner of Route 83 and 35th Street, Oak Brook, Illinois 60523 (the "Subject Property'), have submitted a petition for approval of a preliminary plat of subdivision, and WHEREAS, the Subject Property is legally described as follows- PARCEL 1 - THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT THE EASTERLY 450.0 FEET OF THE NORTHERLY 500 FEET THEREOF AND ALSO EXCEPT THAT PART OF PARCEL 1 DESCRIBED AS FOLLOWS - COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 01 DEGREES 59 MINUTES 36 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 170.41 FEET; THENCE SOUTH 43 DEGREES 06 MINUTES 19 SECONDS WEST, A DISTANCE OF 240.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 12 MINUTES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, A DISTANCE OF 170 41 FEET TO THE POINT OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS PARCEL 2- THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 35;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 299.6 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1025.02 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 35; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 1327.68 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35;THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4. A DISTANCE OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE CENTER OF A Resolution 2007- SD- PP -V -R -960 Approving Preliminary Plat Brittwood Creek Subdivision (Southeast Corner of Rte. 83 and 35`h Street) PIN's 06 -35- 301 -014; 06- 35 -301- 015; and 06 -35- 301 -016 Page 2 of 5 CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 903280; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING 8 COURSES AND DISTANCES: 1) (1-1) THENCE SOUTH 14 DEGREES 16 MINUTES 24 SECONDS EAST, A DISTANCE OF 21 77 FEET; 2) (1-2) THENCE SOUTH 79 DEGREES 42 MINUTES 54 SECONDS EAST, A DISTANCE OF 78.66 FEET, 3) (1-3) THENCE SOUTH 26 DEGREES 08 MINUTES 06 SECONDS WEST, A DISTANCE OF 41.82 FEET; 4) THENCE SOUTH 20 DEGREES 53 MINUTES 54 SECONDS EAST, A DISTANCE OF 110.97 FEET; 5) (1-4) THENCE NORTH 77 DEGREES 38 MINUTES 59 SECONDS EAST, A DISTANCE OF 35.39 FEET; 6) (1-5) THENCE SOUTH 16 DEGREES 35 MINUTES 07 SECONDS WEST, A DISTANCE OF 25 79 FEET; 7) (1-6) THENCE SOUTH 28 DEGREES 45 MINUTES 53 SECONDS EAST, A DISTANCE OF 47.97 FEET; 8) (1-7) THENCE SOUTH 19 DEGREES 30 MINUTES 07 SECONDS WEST, A DISTANCE OF 45.49 FEET TO A CROSS IN THE CENTER OF BRIDGE OVER SAID CREEK, AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY, RECORDED AS DOCUMENT NO 656333; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND DISTANCES: 1) (L8) THENCE SOUTH 25 DEGREES 45 MINUTES 42 SECONDS WEST, A DISTANCE OF 48.91 FEET; 2) (1-9) THENCE SOUTH 00 DEGREES 58 MINUTES 14 SECONDS WEST, A DISTANCE OF 38 08 FEET; 3) (1-10) THENCE SOUTH 31 DEGREES 48 MINUTES 04 SECONDS EAST, A DISTANCE OF 52.07 FEET; 4) (L11) THENCE SOUTH 15 DEGREES 45 MINUTES 31 SECONDSVEST, A DISTANCE OF 45 54 FEET, 5) (1-12) THENCE SOUTH 61 DEGREES 04 MINUTES 10 SECONDS EAST, A DISTANCE OF 50.91 FEET; 6) (1-13) THENCE SOUTH 06 DEGREES 43 MINUTES 07 SECONDS EAST, A DISTANCE OF 50.76 FEET; 7) (1-14) THENCE SOUTHEASTERLY 46.51 FEET TO THE SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE NORTHEASTERLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. R66- 34631; (1-15) THENCE SOUTH 67 DEGREES 07 MINUTES 09 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE OF 107.10 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE SOUTH 21 DEGREES 09 MINUTES 29 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 318.33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO 601838; THENCE SOUTH 34 DEGREES 23 MINUTES 54 SECONDS WEST ALONG THE WESTERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 387.20 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTH 71 DEGREES 24 MINUTES 22 SECONDS EAST ALONG A SOUTHERLY LINE OF SAID TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 00 FEET, THENCE SOUTH 65 DEGREES 18 MINUTES 20 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 139.20 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) PARCEL 3• THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF ILLINOIS ROUTE 83, (EXCEPT THAT PART THEREOF Resolution 2007- SD- PP -V -R -960 Approving Preliminary Plat Brittwood Creek Subdivision (Southeast Corner of Rte. 83 and 35th Street) P I N's 06 -35- 301 -014; 06- 35 -301- 015, and 06 -35- 301 -016 Page 3 of 5 FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) ALL IN DUPAGE COUNTY, ILLINOIS. PIN's: 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016; and WHEREAS, the Petitioners have submitted a petition for certain variations to the Subdivision Regulations for the Subject Property, including variations from the provisions of Section 14- 6 -2 -A -2 (Design Standards — Block Layout) of the Subdivision Regulations relative to block layout, and from the provisions of Section 14- 6 -3 -A -2 (Land Improvement Standards — Streets — Width) of the Subdivision Regulations relative to public right -of -way and the required width of streets; and WHEREAS, the Petitioners have also submitted a petition for certain waivers from the Subdivision Regulations for the Subject Property, including waivers from the provisions of Section 14-6-3 - A-3 (Land Improvement Standards — Streets -- Curbs and Gutters) and Section 14 -6 -3 -E (Land Improvement Standards — Sidewalks) of the Subdivision Regulations, and WHEREAS, Section 14 -7 -4 of the Village Code sets forth the authority and standards for granting variations to the Subdivision Regulations; and WHEREAS, Section 14- 6 -3 -A -3 and Section 14- 6 -3 -E, respectively, set forth the authority to waive curb and gutter and sidewalk installation; and WHEREAS, the Plan Commission of the Village of Oak Brook reviewed the proposed development and preliminary plat for the Brittwood Creek Subdivision on the Subject Property at its meetings March 20, 2006, April 17, 2006, and May 15, 2006; and WHEREAS, at its meeting on May 15, 2006, the Plan Commission voted to recommend denial of a requested map amendment to rezone approximately 34.7 acres of the Subject Property from R -1 to R- 2, and made its finding that the proposed preliminary subdivision plat would not conform to the requirements for the current zoning of such portion of the Subject Property; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook reviewed a revised request for a map amendment to rezone approximately 28.64 acres of the Subject Property from R -1 to R -2 at its meetings on July 26, 2006 and November 7, 2006, and at its meeting on November 7, 2006, the Zoning Board of Appeals voted to recommend such map amendment, and WHEREAS, based on the favorable recommendation of the Zoning Board of Appeals concerning the map amendment to rezone approximately 28.64 acres of the Subject Property from R -1 to R -2, its review of the revisions to the proposed development and preliminary plat for the Brittwood Creek Subdivision on the Subject Property, as well as other factors, the Village President and Board of Trustees hereby makes the following findings with respect thereto 1 All requirements for the requested map amendment were met to rezone approximately 28 64 acres of the Subject Property from R -1 to R -2; 2 A settlement agreement has been entered by the Petitioners and the objectors to the petition, to place a covenant on the Subject Property, including a limitation for future development to thirty (30) single - family lots; 3 The revised plat dated November 21, 2006, found on page 99 of the case file, is consistent with the revised map amendment as recommended by the Zoning Board of Appeals; Resolution 2007- SD- PP -V -R -960 Approving Preliminary Plat Brittwood Creek Subdivision (Southeast Corner of Rte 83 and 35th Street) PIN's 06 -35- 301 -014; 06- 35 -301- 015, and 06 -35- 301 -016 Page 4 of 5 4 All significant issues previously raised by the Fire Chief have been addressed in the revised plat; and 5. The Village Engineer has recommended that if the general concept of the preliminary plat is acceptable to the Village Board of Trustees, the preliminary plat can be approved, with certain variations and waivers to Sections 14- 6 -2 -A, 14 -6 -3 -A and 14 -6 -3 -E of the Subdivision Regulations, on the condition that the preliminary plat be revised to the satisfaction of the Village Engineer and Attorney with respect to Items 6, 8 and 9 of the Village Engineer's November 7, 2006 memorandum, and that all other outstanding Issues shall be addressed at the time of final plat approval; and WHEREAS, in conjunction with the foregoing findings made by the Village President and Board of Trustees with respect to the revisions to the preliminary plat for the Brittwood Creek Subdivision on the Subject Property, the Village President and Board of Trustees hereby find that the applicant has addressed the applicable standards required for certain variations to the Subdivision Regulations, including variations from the provisions of Section 14- 6 -2 -A -2 (Design Standards — Block Layout) of the Subdivision Regulations relative to block layout, and from the provisions of Section 14- 6 -3 -A -2 (Land Improvement Standards — Streets — Width) of the Subdivision Regulations relative to public right -of -way and the required width of streets, in that. Such variations will be in harmony with the intent and purpose of the official plan of the Village; and 2 Such variations will be in harmony with the spirit and intent of the Subdivision Regulations, and WHEREAS, in conjunction with the foregoing findings made by the Village President and Board of Trustees with respect to the revisions to the preliminary plat for the Brittwood Creek Subdivision on the Subject Property, the Village President and Board of Trustees hereby find that the applicant has addressed the applicable standards required for certain waivers from the provisions of the Subdivision Regulations, including waivers from the provisions of Section 14- 6 -3 -A -3 (Land Improvement Standards — Streets -- Curbs and Gutters) and Section 14 -6 -3 -E (Land Improvement Standards — Sidewalks) of the Subdivision Regulations, in that: The owner has shown good cause for the waiver of curbs and gutters and will provide three foot (3') concrete shoulders and swales in lieu thereof, in a manner consistent with Best Management Practice for improving water quality by mitigating pollutants; and 2. The owner has shown good cause for the waiver of sidewalks and will provide three foot (3') concrete shoulders that can be used for walking NOW, THEREFORE, BE IT RESOLVED 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 Preliminary Plat of Subdivision known as Brittwood Creek Subdivision, prepared by Engineering Resource Associates, Inc., last revised November 21, 2006, be and is hereby approved, subject to the following conditions: a The preliminary plat shall be revised to the satisfaction of the Village Engineer and Attorney with respect to items 6, 8 and 9 of the Village Engineer's November 7, 2006 memorandum; and Resolution 2007- SD- PP -V -R -960 Approving Preliminary Plat Brittwood Creek Subdivision (Southeast Corner of Rte 83 and 35th Street) P I N's 06 -35- 301 -014; 06- 35 -301- 015; and 06 -35- 301 -016 Page 5 of 5 b. All other outstanding issues shall be addressed at the time of final plat approval Section 2: That all requirements, conditions and standards of the Subdivision Regulations shall be applicable to the subdivision and development of said Brittwood Creek Subdivision, except as varied or waived by this Resolution. Section 3. That variations are hereby granted from the provisions of Section 14- 6 -2 -A -2 (Design Standards — Block Layout) of the Subdivision Regulations relative to block layout, to permit block lengths of less than nine hundred feet (900'); and from the provisions of Section 14- 6 -3 -A -2 (Land Improvement Standards — Streets — Width) of the Subdivision Regulations relative to the required width of streets, to permit a private right -of -way and a twenty -two foot (22') wide private street Section 4• That waivers are hereby granted from the provisions of Section 14- 6 -3 -A -3 (Land Improvement Standards — Streets -- Curbs and Gutters) and Section 14 -6 -3 -E (Land Improvement Standards — Sidewalks) of the Subdivision Regulations, waiving the requirement to install curbs, gutters and sidewalks meeting Village standards. Section 5 That this resolution shall be In full force and effect from and after Its passage, approval and publication as required by law r Section 6: That all resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 9t" day of January, 2007. Kevi Vlllag President PASSED THIS 9th day of January, 2007 Ayes. Trustees Aktlpis, Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent- None Cn r .4 a: 11 � 1 Linda • / / Village Clerk