S-964 - 04/25/2000 - SPECIAL USE - OrdinancesORDINANCE 2000- ZO- SU -FP -S -964
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
(9 Natoma Drive, Oak Brook, IL 60523)
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 April 4, 2000, 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 permit construction of a foot bridge and
accessory structure (i.e., recreational folly) in substantial conformity with the Site Plan prepared by W -T
Engineering, Inc., dated 2- 15 -00, and last revised 3- 31 -00, on the property commonly known as
9 Natoma; Drive, Oak Brook, Illinois, which property is legally described as:
Lot 17 in Old Oak Brook, being a subdivision of part of the Northeast Quarter of Section
35, Township 339 North, Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded December 26, 1984, as Document No. R84- 102276 and Certificate
of Correction recorded October 25, 1985 as Document No R85 -92734 all in DuPage
County, Illinois Permanent Parcel No. 06 -35- 203 -017
Section 3. That this special use permit is subject to the following conditions.
(1) That the areas within the dam and sluice gate easement and the access easement, as
defined within the Agreement for Grant of Watercourse Drainage, Access and Maintenance
Easement (recorded as Document No R84- 102279) shall be kept open and available for
Village maintenance activities. Landscaping may be placed within these areas that does not
Ordinance 2000- ZO- SU -FP -S- 964
Granting a Flood Plain Special Use
Permit, 9 Natoma Drive, Page 2
interfere with the said maintenance as determined by the Village. Should the applicant place
landscaping within said area, it is placed at the applicant's risk and the Village is not liable to
replace it if it is damaged or removed.
(2) That the applicant provide a letter to the Village permitting the Village to utilize the proposed
bridge for maintenance activities.
(3) That all applicable permits be obtained from the appropriate regulatory agencies, including the
Village of Oak Brook.
(4) That improvements constructed on the subject property be constructed in accordance with the
Building Code of the Village and in accordance with the requirements for flood resistant
construction as set forth in Section 2102.0 of the BOCA National Building Code;
(5) That a construction fence be placed along the north property line to keep construction activity
and material off neighboring properties;
6
(6) That all landscaping, including the Watercourse Drainage, Access and Maintenance
Easement, be restored immediately upon completion of construction; and
(7) That all land modifications and construction on the subject property be completed on or before
September 11, 2000 in substantial conformity with the Site Plan. This completion date may
be extended without public hearings by the President and Board of Trustees upon a showing
of necessity by the property owner.
Section 4: That in the event the property owner fails to meet any of the conditions in Section 3,
this special use permit shall automatically terminate and be of no further force or effect.
,$ection 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
fA PASSED THIS.P day of , 2000.
Ayes: Trustees Butler, Caleel, Aig, Kenny, McInerney and Savino
Nays: None
Absent: None
Abstain: None
APPROVED THIS 9 th day of Ma
ATTEST:'
2000.
Village Clerk
1
OF 0
CCC►11 T 1 •��
Ordinance 2000- ZO- SU -FP -S- 964
Granting a Flood Plain Special Use
Permit, 9 Natoma Drive, Page 3
Approved as to Form:
Village Attorney
Published
Date
Not Published
samatas
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