R-960 - 01/09/2007 - SUBDIVISION - Resolutions ExhibitsRESOLUTION 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)
P I N'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 1/4 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 "' 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 11097 FEET, 5) (1-4) THENCE
NORTH 77 DEGREES 38 MINUTES 59 SECONDS EAST, A DISTANCE OF 3539
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 4797 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) (1-8) 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 SECONDS WEST, A DISTANCE OF
4554 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 35`h Street)
PI 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
2
'43
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,
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;
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 35`h 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 35`h Street)
PIN'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
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 9th day of January, 2007
PASSED THIS 9th day of January, 2007
Ayes
Nays
Absent
Kevin Quinlan
Village President
ATTEST
Linda K Gonnella, CMC
Village Clerk