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S-1201 - 08/14/2007 - ZONING - Ordinances1 a �z I I' EAM 6.II. AGENDA ITEM Regular Board of Trustees Meeting of August 14, 2007 SUBJECT: Fence Variation -- Brittwood Creek Subdivision FROM: Peter M. Friedman, Acting Village Attorney BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance S -1201, An Ordinance Granting a Fence Variation from the Provisions of Section 13 -3 -6B of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook. Background/History: Per recommendation of the Zoning Board of Appeals, the President and Board of Trustees have directed the Acting Village Attorney to draft this Ordinance which requests a variation from the provisions of Section 13 -3 -6B to permit construction of a solid fence between eight (8) and nine (9) feet in height for the property known as Brittwood Creek, a parcel of approximately 57 acres located at the southeast corner of Route 83 and 35th Street. Recommendation: I recommend that Ordinance S -1201 be considered for passage. A 4 PGA OF 0 Akg9 J O 9 � 00 NTI Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak- brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & 'Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 March 28, 2008 Brittwood Creek LLC Attention. Ms. Laura Aniballi 900 Oakmont Lane, Suite 110 Westmont, IL 60559 Re: Recorded Documents for Brittwood Creek Subdivision on February 28, 2008: RESOLUTION 2007- ZO- SD- FP -EXI -R -988 R2008- 032025 BRITTWOOD CREEK FINAL PLAT OF SUBDIVISION R2008- 032026 ORDINANCE 2007- ZO- SD -V -S -1201 y0o' R2008- 032027 SUBDIVISION IMPROVEMENT AGREEMENT R2008- 032028 DECLARATION OF STORMWATER FACILITIES R2008- 032029 DECLARATION OF COVENANTS R2008- 032030 Vacant Land - Southeast Corner of Rte. 83 & 35`h Street Oak Brook, Illinois 60523 PIN #06 -35 -301 -014, 06 -35- 301 -015 & 06 -35- 301 -016 Dear Ms. Aniballi: Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630 - 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, )'�n 0-01-11-r �./ Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files /RECDOC /2008 - RECLTR- SD- FP- BRITTWOOD CREEK - VACANT LAND -SE CORNER RTE 83 & 35TH ST roll FRED BUCHOLZ DIIPpGE COUNTY NECOflOEfl FEB-2812008 4:12 PM OTHER 06 -35 -301 -010 007 PAGES H2008- 032027 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -613 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Property Address /es VACANT LAND - SOUTHEAST CORNER OF ROUTE 83 AND 35T" STREET (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, ILLINOIS 60523 Pin /s Number 06 -35- 301 -014, 06 -35- 301 -015 AND 06 -35- 301 -016 Name & Address of Applicant: BRITTWOOD CREEK LLC 900 OAKMONT LANE, SUITE 110, WESTMONT, IL 60559 Name & Address of Responsible BRITTWOOD CREEK LLC /ATTENTION: LAURA ANIBALLI Party to Receive Copy of 900 OAKMONT LANE, SUITE 110 Recorded Document and Billing. WESTMONT, IL 60559 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: Return T Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 /A �-7 ORDINANCE 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -6B OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (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, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in the Village of Oak Brook and legally described on the attached Exhibit A ("Property'), and WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek subdivision, which subdivision shall consist of 30 lots, and requests a variation from Section 13 -3 -613 of the Village Code (Accessory Uses /Permitted in Required Yards) to allow for construction of a solid fence between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and along portions of the north and south boundaries of the Property; and WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice, and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Sections 13 -14 -6D and 13 -3 -613 of the Village Code, and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals 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 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village President and Board of Trustees Section 2. A public hearing to consider the application was duly advertised on or before June 7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June 25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested variation Section 3 A variation is hereby granted from the provisions of Section 13 -3 -613 of the Village Code of the Village of Oak Brook to permit construction of a solid fence between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and along portions of the north and south boundaries of the Property, in substantial conformance with the locations identified on the final plat of subdivision for the Property as approved by the Village President and Board of Trustees Section 4 The fence shall be constructed of earth -tone Trex material and in substantial conformance with the SoundWall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc and included at page I of the case file, and the buffer detail and elevations prepared by Ives /Ryan Group and included at pages J and K of the case file Section 5 In the event that the Forest Preserve District removes vegetation from their property in order to install a pedestrian /bike path, causing the fence to become visible from Route 83, the Brittwood Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Bnttwood Creek Sbdvsn (S.E. Comer Rt 83 & 35`h St, Oak Brook, IL 60523 - (06- 35-301 -014, 06 -35- 301 -015, 06-35-301-016 Page 2 of 5 Creek Homeowner's Association, or such other homeowner's association as may be established to govern the Property, shall purchase, plant, and maintain in healthy condition, according to best horticultural practices, ivy -type vegetation that would grow along the exterior portions of the fence facing Route 83. Section 6: Prior to the issuance of any building permit for installation of any portion of the fence, the Applicant shall have received approval of the Village Engineer of a final engineering plan in accordance with all applicable laws and regulations. Section 7: The Property shall comply at all times with all applicable federal, state and Village statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire prevention codes. Notwithstanding the exhibits contained in the case file, the Property shall be in compliance with all Village ordinance requirements in the building permit process except as specifically varied or waived. Section 8: This Ordinance is limited and restricted to the Property, as legally described in Exhibit A. Section 9: All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 10- Upon failure or refusal of the Applicant or any of its officers, employees, or agents, to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the Village, by ordinance duly adopted, be revoked and become null and void. Section 11: The privileges, obligations and provisions of each and every section of this Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 12: Nothing in this Ordinance shall create, or shall be construed or interpreted to create, any third party beneficiary rights Section 13: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 14th day of August, 2007. PASSED THIS 14th day of August, 2007 Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brittwood Creek Sbdvsn (S E Corner Rt 83 & 35th St, Oak Brook, IL 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06 -35- 301 -016) Page 3 of 5 Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin Nays nir%nn Absent Trustee Sai ed _ ` y psi P f1 �%5••,7C�•i L'P's_ E� ` „.t 4 ATTEST Charlotte K Pruss Village Clerk Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brittwood Creek Sbdvsn (S E Corner Rt. 83 & 35th St, Oak Brook, IL 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06 -35- 301 -016) Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION 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 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 170 41 FEET, THENCE SOUTH 46 DEGREES 16 MINUTES 30 SECONDS WEST, A DISTANCE OF 240 47 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 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) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE OF 21 77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE OF 78.66 FEET, 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 41 82 FEET, 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE OF 1 -10 97 FEET, 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE OF 35 71 FEET, 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25 79 FEET, 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47 97 FEET, 8) THENCE SOUTH 22 DEGREES 35 MINUTES 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) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49 80 FEET, 2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38 3 FEET; 3) THENCE SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51.9 FEET; 4) THENCE SOUTH 19 DEGREES 13 MINUTES WEST, A DISTANCE OF 46 25 FEET, 5) THENCE SOUTH 57 DEGREES 57 MINUTES EAST, A DISTANCE OF 50 2 FEET, 6) THENCE SOUTH 02 DEGREES 41 MINUTES EAST, A DISTANCE OF 50 6 FEET, 7) THENCE SOUTHEASTERLY 47.0 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 Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brnttwood Creek Sbdvsn (S E Corner Rt 83 & 35 l St, Oak Brook, I L 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06 -35- 301 -016) Page 5 of 5 THEREOF RECORDED AS DOCUMENT NO R66- 34631, THENCE SOUTH 69 DEGREES 05 MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, THENCE SOUTH 24 DEGREES 22 MINUTES 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 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 387 2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT, THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 0 FEET, THENCE SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 139.2 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 FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) ALL IN DU PAGE COUNTY, ILLINOIS J s STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on August 14, 2007 , the corporate authorities of the above municipality passed and approved Resolution 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -6113 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (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 I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 20th day of August, 2007 1 0. �i.r r h la;f k ri Q a�p �ea9�uciiw�� Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -6B OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (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, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in the Village of Oak Brook and legally described on the attached Exhibit A ("Property'), and WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek subdivision, which subdivision shall consist of 30 lots, and requests a variation from Section 13 -3 -6B of the Village Code (Accessory Uses /Permitted in Required Yards) to allow for construction of a solid fence between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and along portions of the north and south boundaries of the Property, and WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice, and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Sections 13 -14 -6D and 13 -3 -613 of the Village Code, and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals 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 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village President and Board of Trustees Section 2 A public hearing to consider the application was duly advertised on or before June 7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June 25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested variation Section 3 A variation is hereby granted from the provisions of Section 13 -3 -613 of the Village Code of the Village of Oak Brook to permit construction of a solid fence between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and along portions of the north and south boundaries of the Property, in substantial conformance with the locations identified on the final plat of subdivision for the Property as approved by the Village President and Board of Trustees Section 4 The fence shall be constructed of earth -tone Trex material and in substantial conformance with the SoundWall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc and included at page I of the case file, and the buffer detail and elevations prepared by Ives /Ryan Group and included at pages J and K of the case file Section 5 In the event that the Forest Preserve District removes vegetation from their property in order to install a pedestrian /bike path, causing the fence to become visible from Route 83, the Brittwood BRITTWOOD CREEK VARIATION- FENCE INDEX PAGE CONTENTS 17-17.a Memorandum from Director of Community Development Kallien -Village Board Agenda— Dated July 24, 2007 16-16.a Recommendation Letter from Zoning Board of Appeals to Village President and Trustees—dated July 18, 2007 15-15.b Email Correspondence from Ross Hill — Forest Preserve District re: Agreement with Brittwood Creek Engineer that the Wall as Proposed Will Not have a Negative Impact on Forest Preserve Property Along with Copy of Drainage Area—dated July 16 and July 17 14-14.g Zoning Board of Appeals Minutes dated June 25, 2007 13 Picture of Site from Route 83 and Picture of Site Through Forest Preserve District Strip of Property West of Subdivision 12 Picture of Wall Section with Steps 11 Picture of Typical Wall Section on Route 83 10-10.c Correspondence and Emails between the Village— ERA Civil Engineer for Callaghan Ross Hill and a Letter from Forest Preserve District of DuPage County re: Concerns of theRetaining Wall dated June 25, 2007 9-9.a Staff Report from Director of Community Development Kallien to Zoning Board of Appeals dated June 20, 2007 8-8.a Applicant's Response to Forest Preserve District concerns dated June 21, 2007 7-7.a Email to Village Engineer Durfey re: Forest Preserve District Fence Concerns dated June 18, 2007 6 Letter from Forest Preserve District dated May 14, 2007 5 Certificate of Publication dated June 7, 2007 4 Resident Letter dated June 7, 2007 3 Board of Trustees Referral Meeting Minutes dated June 12, 2007 (Not Included) 2 Referral Memo to Village Board -Agenda dated June 12, 2007 1-1.a Zoning Ordinance Section 13-3-6B—Accessory Uses — Fences A Application/Petition Final Plat B-B.2 Letter of Explanation from Brittwood Creek Director, Dan Callaghan to Zoning Board of Appeals and Village Board dated May 17, 2007 C-C.3 Response to Variation Standards D-D.2 Surrounding Property Owners List E Certification F-F.2 Subject Property Verification and Legal Description G Fee/Receipt H Pictures of Proposed Fencing and Subdivision Location View from Route 83 Area of Wood Fence Exhibit (Included — Not Attached) J Route 83 Buffer Detail — Exhibit -1 dated May 9, 2007 (Included — Not Attached) K Route 83 Buffer Elevations — Exhibit -2 dated May 9, 2007 (Included — Not Attached) L Final Plat (Not Included — Key Files Only) Brittwood Creek-VAR'-Fence-IN.DEX.doc PGA p F OA/r 9,9 v 0 v 0 G c oo� I �%V F C O U N'T I AGENDA ITEM ti. Regular Board of Trustees Meeting of July 24, 2007 SUBJECT: Brittwood Creek, LLC—Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision parallel to Route 83 and portions along the north and south boundary subject to the following conditions: 1. Construction is to be in substantial conformance with the earth tone Trex material proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc., on page I and the buffer detail and elevations prepared by Ives/Ryan Group on page J and K of the case file; 2. The applicant has resolved all outstanding issues with the Forest Preserve District; 3. If the Forest Preserve District should remove vegetation to install a pedestrian/bike path on their property, the Brittwood Creek Homeowner Association will plant and maintain ivy-type vegetation that would grow along the exterior of the fence/wall facing Route 83; 4. All engineering plans are to be submitted to and approved by Village Engineer Durfey; 5. Notwithstandin g the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived; and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the August 14,2007 Village Board of Trustees meeting. Last saved b GPOLANEK JAI-FROM BOB�Bot-PC-MAWT-Rec-Brittwood Creek-Fence VAR-2007.doc Y Backaround/History: At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition from Brittwood Creek LLC, the current owner of the approximately 56 acres known as the Brittwood Creek Subdivision located east of Route 83, south of 35t' Street seeking approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision parallel to Route 83. Both the approved preliminary plat approved by the Village of Oak Brook and the final plat, which has been recommended for approval by the Plan Commission, depict a fence structure along the frontage of Route 83. Recommendation: Chairman Davis said that the applicant addressed the standards in their testimony and were also submitted in writing on pages C-C.3 of the case file. By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied the applicable standards required to recommend approval of the variation as requested to Section 13-3-6B of the Zoning Ordinance to allow an eight (8) to nine (9) foot solid fence along the west and portions of the north and south perimeter of the subdivision that is parallel to Route 83 as depicted in the plans submitted, subject to the following conditions: 1. Construction is to be in substantial conformance with the earth tone Trex material proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc., on page I and the buffer detail and elevations prepared by Ives/Ryan Group on page J and K of the case file. 2. The applicant will resolve the issue with the Forest Preserve District before the Village Board Hearing. 3. If the Forest Preserve District should remove vegetation to install a pedestrian/bike path on their property, the Brittwood Creek Homeowner Association will plant and maintain ivy- type vegetation that would grow along the exterior of the fence/wall facing Route 83. 4. All engineering plans are to be submitted to and approved by Village Engineer Durfey. 5. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived. Staff Comments: Since the Zoning Board of Appeals meeting, Ross Hill of the Forest Preserve District has indicated that they were in agreement with the wall design and location as proposed by the applicant because it has been determined that the wall will not have any negative impacts on existing drainage patterns on the Fores t Preserve District's adjacent"panhandle"parcel. Last saved by GPOLANEK JAI-FROM BOB\Bot-PC-MAMT-Rec-Brittwood Creek-Fence VAR-2007.doc 2. ��� Gt OF 044, • • B �P q0 o A A O y G r � 9`FCOUNTV July 18, 2007 Village of Village President Craig and Board of Trustees Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org SUBJECT: Brittwood Creek LLC—Variation—Fence Administration 630.368.5000 Dear President Craig and Board of Trustees: FAX 630.368.5045 Community Backeround Development At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition 63030.36151 from Brittwood Creek LLC the current owner of the approximately 56 acres known as FAX 630.368.5128 � pp y the Brittwood Creek Subdivision located east of Route 83, south of 35th Street seeking Engineering approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the Department construction of an eight (8) to nine (9) foot high solid fence along the western 630.368.5130 FAX 630.3688.51.51 28 boundary f the subdivision parallel to Route 83. � Fire Department Both the approved preliminary plat and final plat, which has been recommended for 630.368.5200 approval by the Plan Commission, depict a fence structure along the frontage of Route FAX 630.368.5250 83. The fence has been designed to be a visual screen and a buffer for Route 83 traffic Police Department noise. 630.368.8700 FAX 630.368.8739 Public Comment Public Works All interested parties were notified of the public hearing before the Zoning Board of Department Appeals. No one spoke at the meeting either in support of or in opposition to the 630.368.5270 proposed variation. However, written correspondence was received from the DuPage FAX 630.368.5295 County Forest Preserve regarding the location of the fence/wall structure and a potential impact upon their 50-foot strip of property that runs parallel to the western Oak Brook Public Library boundary of the subdivision. Village Engineer Durfey did comment that the storm sewer that picks up the drainage from the Forest Preserve district property was more 600 Oak Brook Road than adequate Oak Brook,IL 60523-2200 630.368.7700 Recommendation FAX 630.368.7704 Chairman Davis said that the applicant addressed the standards in their testimony and Oak Brook Sports Core were also submitted in writing on pages C-C.3 of the case file. Bath&Tennis Club By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant had 700 Oak Brook Road addressed and satisfied the applicable standards required to recommend approval of Oak Brook,IL 60523-4600 the variation as requested to Section 13-3-6B of the Zoning Ordinance to allow an 630.368.6420 FAX 630.368.6439 eight (8) to nine (9) foot solid fence along the west and portions of the north and south perimeter of the subdivision that is parallel to Route 83 as depicted in the plans Golf Club submitted, subject to the following conditions: 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 July 18, 2007 President Craig and Board of Trustees RE: Brittwood Creek—Variation- Fence Page 2 1. Construction is to be in substantial conformance with the earth tone Trex material proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc., on page I and the buffer detail and elevations prepared by Ives/Ryan Group on page J and K of the case file. 2. The applicant was to resolve the issue with the Forest Preserve District before the Village Board meeting. 3. If the Forest Preserve District should remove the vegetation along their property to install a pedestrian/bike path, the Brittwood Creek Homeowner Association would plant and maintain ivy-type vegetation that would grow along the exterior of the fence/wall facing Route 83. 4. All engineering plans are to be submitted to and approved by Village Engineer Durfey. 5. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived. Very truly yours NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals ZBAChaidetter-Brittwood Creek-Fence VAR.doc Page 1 of 3 Gail Polanek From: Ross Hill [rhill @dupageforest.com] Sent: Tuesday, July 17, 2007 8:11 AM To: Brian Wawczak Cc: Dale Durfey; callaghan @ameritech.net; Forest Gate;jgreen @eraconsultants.com; Kevin Stough; Marcia Thomas; Robert Kallien; Gail Polanek Subject: RE: Brittwood Creek-Oak Brook, IL Brian: Thank you for providing me with the 1' contour map and the detailed explanation. After reviewing your topographic mapping and proposed drainage plan, I fully concur with your recommendations, and agree that the proposed sound-attenuation wall should not have any negative impacts on existing drainage patterns on the adjacent FPDDC "panhandle" parcel. Thanks again for clarifying your design assumptions. Ross Hill, P.E. Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by lava.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Brian Wawczak [mailto:bwawczak @eraconsultants.com] Sent: Monday, July 16, 2007 12:28 PM To: Ross Hill Cc: ddurfey @oak-brook.org; callaghan @ameritech.net; 'Forest Gate';jgreen @eraconsultants.com; Kevin Stough; Marcia Thomas; rkallien @oak-brook.org; gpolanek @oak-brook.org Subject: RE: Brittwood Creek-Oak Brook, IL Hi Ross, Thank you for your detailed message and the exhibit showing your areas of concern. Using your 2-ft contour '— map, I was able to identify the three areas in question on our existing conditions topography. Since our topography for the site is updated and has 1-ft contours, it is a helpful tool for this exercise. I've attached a 100-scale exhibit of the site. The existing conditions topography is shown, along with proposed lot lines, roads, storm sewer and the sound-wall overlaid. All other design features have been turned off in order to keep the drawing as clean as possible. I've identified the three areas of concern by highlighting them on the exhibit. Please review this exhibit when you have a chance and let me know your opinion: -1 think we both agree that the north area drains east, and we've accounted for that in our Engineering Plan by proposing a flared end section and storm sewer, routed to our stormwater management system. -The middle area seems to drain east on your exhibit, however, on our exhibit, the more detailed topography shows the low spot is east of the property line. Once the sound-wall is constructed, it is unclear if the flow to the east would still occur. The drop-off between the 720 contour and the 719 contour occurs over exactly 100-ft, south to north, along the property line. In order to be safe, I'd like to propose that the developer construct a small swale on his side of the property line to make sure stormwater drains due north towards the proposed flared end 7/20/2007 y , 1 0 0 Page 2 of 3 section. -The south area appears to drain to the west. According to our topography, there is a high point east of the property line, and contours fall off from elevation 734 to elevation 723, towards the west, then flowing to contour 722 in the IDOT RT 83 right-of-way before flowing south. Thank you for the continued dialogue. Please review this when you an opportunity, as I think we're close to a final solution. Thanks, Brian E. Wawczak, P.E., CFM Engineering Resource Associates, Inc. 426 S. Third Street Geneva, IL 60134 (630) 262-8689 (630) 262-8698 (fax) From: Ross Hill [mailto:rhill @dupageforest.com] Sent: Monday, July 02, 2007 4:39 PM To: Brian Wawczak Cc: ddurfey @oak-brook.org; Callaghan @ameritech.net; Forest Gate;jgreen @eraconsultants.com; Kevin Stough; Marcia Thomas; rkallien @oak-brook.org; gpolanek @oak-brook.org Subject: RE: Brittwood Creek- Oak Brook, IL Brian: After reviewing our available topographic maps in more detail, and plotting a profile along the centerline of our 50'-wide"panhandle" parcel at Brush Hill Forest Preserve, it's clear that there are three distinct sags along the alignment of the future trail, as noted on the attached map. At each of these three locations, the predominant drainage pattern is from west to east, toward Brittwood Creek, so if a wall is constructed east of the FPDDC property line, the natural flow pattern will be obstructed. Therefore, drainage inlets are needed at these three locations, to allow water to continue to flow east beneath the wall. Thank you for your attention to this matter. Again, we are not objecting to the wall per se, but just want to make sure it is designed and constructed in a manner that doesn't negatively impact our ability to construct a trail in the future. Ross Hill, P.E. Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipients)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Ross Hill Sent: Tuesday, June 26, 2007 8:38 PM To: Brian Wawczak Cc: ddurfey @oak-brook.org; Callaghan @ameritech.net; 'Forest Gate'; jgreen @eraconsultants.com; Kevin Stough; Marcia Thomas Subject: RE: Brittwood Creek- Oak Brook, IL Brian: Thank you for your letter. I will be out of the office until at least Thurs. PM or Friday due to family matters, but 7/20/2007 150�_ �" .:t - � � �` � ``"---_'._�_ f.'r'.`"" -��.` rt I � °-_- Ag� -s"}`,�,}'" ��J_i+l, .'� i � ��' ,r•.,' r t� '�_ ��.€ •r. I F� y r ze, I � � f_`— �I7r r���_._..._,-,—_'��^ �,iti. � it` � Ittt -f-__�. t i- -- f -�''' --.f •r� `' '-��} Y�-"�"�5. ----+---r-^---..-•�. ,ri ir� �s I � L- = f~� ° �� If•.--•....- =�!r••�,-.w Ii�...°«,. �-.^�� }. �54 k. t t+.`. �,.r1� -t }�ti.-....., --,�.��_'"' 'ti`��_ -tom :�t �,4 < �S I3 ,r fy { ���,._r.y''--' f~•� �� � �E,w'� 7T7 i £fn-4 r. 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't�' S '�1 f x , `, •� = �4t} 4 ( J � 44'y y'°� ' r � ^ a • • MINUTES OF THE JUNE 25, 2007 RESCHEDULED DRAFTHE VILLAGE OF OAK BROOK UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AMENDED ON_ , 2007 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the West Wing Training Room of the Butler Government Center at 7:32 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Jeffrey Bulin, Glenn Krietsch, Baker Nimry and Steven Young IN ATTENDANCE: Robert Sanford, Trustee; Gerald Wolin, Trustee; and Robert Kallien, Jr., Director of Community Development and Dale Durfey, Jr.,Village Engineer 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 3. 2007 Motion by Member Bulin, seconded by Member Young to approve the minutes of the April 3, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried 4. UNFINISHED BUSINESS BUSINIS BUSINESS S There was no unfinished business to discuss 05. NEW BUSINESS NEW BUSINESS A. RITTWOOD CREEK LLC — APPROXIMATELY 56.2 ACRES OF BRrllwooD CREEK, LLC — VACANT PROPERTY LOCATED SOUTH OF 35`" STREET, EAST OF VARIATION — ROUTE 83 and WEST OF BREAKENRIDGE FARM SUBDIVISION — SECTION 13-HT to — SOLID EIGHT to VARIATION — SECTION 13-3-3-6B — TO ALLOW A SOLID FENCE NINE FOOT FENCE ALONG WESTERN APPROXIMATELY EIGHT to NINE FEET HIGH ALONG THE SUBDIVISION WESTERN SUBDIVISION BOUNDARY BOUNDARY Chairman Davis swore in all parties that would testify. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 16 June 25, 2007 f • Walter Morrissey, Attorney for the applicant Brittwood Creek LLC, reviewed the request. The property is a unique parcel containing about 56 acres. The site plan calls for the construction of a berm adjacent to Route 83 approximately four feet off of the western boundary of the property. Instead of a permitted 6-foot high chain link fence on top of the berm, they are seeking a variation to allow an 8 to 9 foot high solid Trex style fence. The purpose of the solid wood fence is to provide visual and sound remediation for the adjacent subdivision. The traffic count on Route 83 exceeds 80,000 vehicles per day. They recently appeared before the Plan Commission and received unanimous approval for the final plat subject to final approvals by staff. The ordinance refers to an open fence with a height restriction, but is silent to the issues on this property, given the berm and the commercial properties on the west side of Route 83. There has been an exchange of correspondence with the Forest Preserve District of DuPage County. Initially, they sent a letter to the Village staff stating that they did not have any concerns and recently sent another letter stating that they had concerns with drainage issues and the proximity of the wall to their property so that it did not do damage to the forest preserve property. The questions were answered before the Plan Commission. The footing will not be a spread footing as suggested by the Forest Preserve District, but will be a straight footing constructed by using an oversized trencher that will never go onto the forest preserve property. The drainage issue is westbound with the exception of one point that goes onto the Brittwood Creek property. The engineering firm ERA has designed the plans so that any intake of water from the forest preserve property will come into the intake and go into pond D. A letter from the engineering firm regarding those issues was submitted and is part of the case file. Chairman Davis questioned the length and purpose of the fence. Mr. Callaghan said that the fence originates on the north side of the subdivision east toward the end of Pond A and runs down the west side, parallel to Route 83 to the southern end of the subdivision and then east by the southern boundary toward the end of Pond K, approximately 2200-2400 lineal feet. Originally, an 8 to 9 feet concrete wall was shown on the approved preliminary plat. Located on the inside of the subdivision was to be a 3-4 foot high decorative retaining wall, which was needed in order to get the berm built up for sound and site blockage. He was concerned with how the wall would look along the ring road inside the subdivision. No matter what he did, it would look like a commercial VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 16 June 25, 2007 • • wall inside the subdivision and aesthetically it did not look good. Another consideration would be if the Forest Preserve District ever removed the trees in the 50-foot area to build a bike/pedestrian trail to link to their property south of Brittwood Creek, then the concrete wall would be exposed. He believed that it would not be appropriate to see a concrete wall in that instance. He provided pictures to show the foliage along Route 83, which is basically scrub seedlings; and pictures of fencing along Route 83 by Hinsdale. The Trex product proposed is guaranteed to last 50 years. The difference in the steps, required for the fencing is because the concrete wall is going to follow the natural grade of the ground. As the ground slopes up there will be a slight, stepping as the wall goes up and down. Generally, the fence would be less than 9 feet maximum that they are seeking. The reason for the fence request is when IDOT was contacted they were informed that there is nothing planned for any kind of a sound wall along Route 83. There are now sound walls by Ginger Creek as well as Brook Forest and walls now exist along I-294 east of York Road. It is recognized that there is traffic and traffic noise in town and it is not expected that the fence would totally remove the noise, which is impossible. However, considering other communities along those roads are getting relief without the necessity of any type of variation to have the concrete walls and the Toll Authority can do it without seeking approval from towns. The fence proposed would be more aesthetically pleasing than the previously approved 10-foot concrete wall on the preliminary plat. The wall did not face any of the homes in the subdivision it faced Route 83. The impact would not be on Brittwood Creek, but on the community. This situation is unique. It is on a property line of a subdivision that abuts a major roadway. IDOT would not engage in a conversation about Route 83 and they do not have to do anything for sound abatement. Chairman Davis asked if the fence was discussed at all by the Plan Commission. Mr. Callaghan said that it was discussed, but there were no members that expressed an objection to the plan. Chairman Davis asked for a comparison between the proposed fence and the previously approved concrete wall. Mr. Callaghan responded that the fence is eight feet high and the concrete wall is four feet high. Chairman Davis said that the purpose would be to serve not only as a sound buffer but for aesthetics as well. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 16 June 25, 2007 Member Young questioned whether a Noise Road Study was done on the site, which are maps that show the decibel levels as they dissipate off of Route 83. Mr. Callaghan responded that they did not do it because it gets into the sound ratings, which is not a clear objective way to view it and it is not an exact science. It is up to interpretation as to who decides what decibel that it makes sense in order to do a fence or not. Generally if you are 20 to 30 feet off the pavement fences are 12-15 feet high, as you go farther they drop off or become rather short. In some areas, they can be 20-30 feet high. He did discuss it with Village Engineer Durfey as to whether the request should be for a sound barrier versus a fence. One problem would be the type of pavement on the road, which is concrete now and could be changed to asphalt at some point. The distance from where the road and the property line meets makes a big difference. This particular property is flush with Route 83 and the farther east the property actually dips down about 20 feet, before it is about 100 feet from Bronswood Creek. In this particular case, this extra fence would actually help with the property sloping and dropping to the east. Mr. Morrissey said that they know that the noise varies during week days and weekends. Member Nimry asked if the wall would be visible from Route 83 and noted that some walls can be seen; and in those cases, ivy or something similar is planted. Mr. Callaghan said not at this time. If the Forest Preserve District removed the trees then it would be seen. He would add to the Declaration of the Homeowners association that in the event the Forest Preserve District removed the trees, that ivy or greenery would be planted between the wall and the Forest Preserve property. Chairman Davis asked Village Engineer Durfey about the issue is with the Forest Preserve District. Village Engineer Durfey said that he had received some emails from Ross Hill of the Forest Preserve District regarding some purported allegation that the wall would create a drainage problem. Mr. Callaghan's engineer provided a letter that the wall will not cause any negative impacts. He emailed the Forest Preserve District the opportunity to come to the Village to review the plans and as of yet they have chose not to do that. Member Bulin asked if there was a drainage plan that indicates the drainage VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 16 June 25, 2007 • • issue that they are referring to and whether it looks adequate to handle the problem. Village Engineer Durfey responded that there is a contour map of the entire site. There is a storm sewer that picks up the drainage, which is more than adequate. Chairman Davis noted that the issue has then been addressed. Mr. Callaghan said that the Village's review from its consultant that did the stormwater management review, Burns and McDonnell, did not find any concerns with any part of the 50-foot strip or the inlet that controls the water from under Route 83. They will never enter the Forest Preserve Property to do any maintenance on the wall; it will always be done from their property. Member Bulin asked if the engineering drawings have the retaining wall details. Village Engineer Durfey responded not yet, but they will. Member Bulin asked what type of finish was on the exposed part of the concrete. Mr. Callaghan responded that it is flush concrete. He noted that the wall is not part of the variation request. The Variation Standards were provided in writing in the case file and addressed by Mr. Morrissey as follows: 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: The visual from headlights is not screened with a chain link fence. The aesthetics of the fence including earth tones will be.used to blend. The fence will be staggered along the wall. There is also the fact that it will help to mitigate sound. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The plight is due to unique circumstances. Route 83 is a high volume highway and the Master Plan of the Village recognizes that it requires special planning and considerations for residential developments adjacent to it. IDOT has indicated that they have no intention to place any sound barrier or buffer along that stretch of road. 1. c. The variation, if granted, will not alter the essential character of the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 16 June 25, 2007 Nv • locality. RESPONSE: They think it will enhance the locality and will have a long term benefit to the residential area. It should also help the Breakenridge Subdivision to the east by mitigating some sound. 2. a.The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: The property is unique with the 50-foot strip of land owned by the Forest Preserve District and the 80,000 traffic movements along Route 83 on a typical day. This corridor leads right into the commercial part of the village. 2. b.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: There was extensive testimony provided by their appraiser at the hearings on the map amendment. This is the last large tract of land in Oak Brook and cannot be copied by other properties in the Village. 2. c.The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: If the variation is granted, they have testified that it will not be detrimental to the Forest Preserve District property. The type of material will blend into the surroundings. If the vegetation is ever removed they will provide adequate vegetation. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The variation, if granted would not alter the current supply of light and air to adjacent properties. There are not increased dangers or negative impacts to the property values in the neighborhood. 2. e.That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The variation is requested as a desire by the developer to help maintain values for the properties within the subdivision and will not negatively impact property values for surrounding property owners. This is i VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 16 June 25, 2007 � Pi • a sound and sight improvement for aesthetics and sound purposes. 2. f.That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: IDOT is partially responsible for the condition of the growth of the road traffic. It is a major artery to the commercial district to the north of this residential location. The condition existed on the property prior to it becoming Brittwood Creek. The hardship is due to existing conditions and has not been created by any person having an interest in the property. No one in the audience spoke in support of or in opposition to the request. Chairman Davis asked and the applicant accepted the conditions that should the Forest Preserve District remove the greenery that currently would block the view of the wall that the Homeowner association would be responsible to plant ivy or another greenery to cover the view of the wall. All engineering plans are to be submitted and approved by Village Engineer Durfey. There was a brief discussion initiated by Member Bulin whether the approval was for an 8 to 9 foot fence or an approximate 12-foot screen. Director of Community Development Kallien said that based upon the Village Code, approval would be for the 8 to 9 foot fence. A combination of the concrete wall and the proposed fence will result in an approximate 12-foot screening. If the applicant had not requested the fence on top of the concrete wall, it would not have required a variation. Mr. Callaghan noted that the concrete wall along Route 83 is approximately 3 feet 8 inches in height. Director of Community Development Kallien said that based upon the approvals that were previously received by the Village Board and the representations that were made in the previous reviews, the Code issue is the 8 to 9 foot solid fence. Member Ascher asked if approval of the request would set some sort of precedent and would someone else be able to ask for a taller fence at that time. Director of Community Development Kallien responded that it was possible. Sound barriers are becoming more frequent and primarily occur on public property, such as part of the Tollway reconstruction. If Mr. Callaghan is successful, and the installation of the fence appears to work, other subdivisions VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 16 June 25, 2007 Ile may take note and see if they could integrate such a plan into their existing development because the road impacts are very much the same down Route 83. As far as being taller, he did not know. The matter could be complicate by the fact that the other developments that along Route 83 may be owned specifically by private property owners and are not the property of the homeowners association. To succeed, private property owners would have to be in agreement to want that type of improvement on their property. Chairman Davis said that the applicant addressed the standards in their testimony and they were submitted in writing on pages C-C.3 of the case file. Motion by Member Nimry, seconded by Member Young that the applicant has addressed and satisfied the applicable standards required to recommend approval of the variation as requested to Section 13-3-613 of the Zoning Ordinance to allow an 8 to 9 foot solid fence along the west perimeter, and portions of the northeast and southeast perimeter of the subdivision that is parallel to Route 83 as depicted in the plans submitted, subject to the following conditions: 1. Construction is to be in substantial conformance with the earth tone Trex material proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit prepared by Engineering Resource Associates, Inc., on page I and the buffer detail and elevations prepared by Ives/Ryan Group on page J and K of the case file. 2. The applicant will resolve the drainage issue with the Forest Preserve District before the Village Board Hearing. 3. If the Forest Preserve District should remove vegetation to install a pedestrian/bike path the Brittwood Creek Homeowner Association will plant and maintain ivy-type vegetation that would grow along the exterior of the fence/wall facing Route 83. 4. All engineering plans are to be submitted to and approved by Village Engineer Durfey. 5. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0— Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 16 June 25, 2007 y s, k yY L i jill It T •tea } ;;; • , 4 tF > JI a 1*, �. lww Vt-" �� ���.� e'er.d u k• .'`sa �y `,�s ` " rte ��� ,,i�,fi y� �p r: r I t "e M.✓ �k i � i'., 4^ I r sus• � � �� ,����� � �4 ��,7. �;, �R �Ilull4illdll��� I��V�I�7I III I � I �—. fF R Td� ,!�r �u 31 � t? ' � � ,�I`9 i• III N1 lrtuli �I iVj(�. 5 f � Raw��• y. �t y � g l G r 414, � i Awl AI ` s 5 <5 � V 1 , - t•c. ♦� : . ^.fin f r I _ $r 7r ON nzw AL Ir c5 ,. .„ . � .: 'L✓ Wit« •i v� r SSS,S WW i A fi ti• !� .. ... :n:ww..n.-«� ,. a+,ate- � M1 r ' • i AL �'...' ' 1. __ ♦III A y� •p�ya Forest Preserve District o uPage County ate: 3 S. 580 Naperville Road • Wheaton, IL 60187-8761 • 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 VIA FACSIMILE 368-5107 and REGULAR MAIL June 25, 2007 Mr. Robert Kallien, Jr., AICP Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Re: Public Notice on Brittwood Creek Subdivision Dear Mr. Kallien: The Forest Preserve District of DuPage County recently received notice of a requested variation on the Brittwood Creek Subdivision. We appreciate receiving timely notification of such projects that may have an impact on our adjacent property, and thank you for the opportunity to comment. District Staff has reviewed the notice and the proposed variance, and I would like to express our concerns regarding the proposed retaining wall/fence. We do not specifically see any problem with the height or material for the fence. However, the close proximity of the proposed concrete wall/fence to our property will likely create long-term problems for the District. The concrete retaining wall will be set back only 3 feet from our property line. The typical section doesn't show the proposed footing for the wall, but we assume it will be a spread footing also constructed of concrete. We are extremely dubious that this type of wall can be constructed this close to the property line without with disturbing forest preserve land. Additionally, the wall would need to be constructed without impeding the natural surface flow and subsurface flow from our property, which is generally sloped toward the proposed wall. This plan would likely create drainage obstructions, soil saturation, and potential wetland emergence on our property. Any of these issues would create future problems for the District because we bought this 50'-wide strip of land solely for the purpose of future trail development. Per their typical section, it is doubtful that the developer would be able to create a functional r"!r�irr,�•c c\�,µii �ti�it;�ir �'-t��iric +hacl� `^roc .in..nr�Ar +o nrpvpnt drain?gp. prphlems on our .M,...�.gv is .. ... - property, our engineer believes they will need to install a storm sewer system along the entire west side of the wall, with surface intake structures at all low points in the horizontal profile. For all this to happen without impacting our property directly, the setback of the wall will need to be a minimum of 10 feet from the property line. The possibility of problems with the retaining wall were originally expressed in our letter to Mr. Callaghan dated November 10, 2005, as well as our subsequent letters to the `tillage dated December 19, 2005, and March 20, 2006. Although-we were assured earlier this year that the retaining wall would not impact the District land, we did not have an opportunity to review the actual plans. Our project engineer, Ross Hill, has contacted the Village engineer, and is in the process of reviewing this further with him. Mailing Address: P.O. Box 5000 Wheaton, IL 60189-5000 • www.dupageforest.com /0 Mr. Robert Kallien June 25, 2007 Page 2 The Forest Preserve District hopes that these concerns can be resolved through a cooperative effort between all involved parties. With that in mind, we anticipate that this proposed development will not have any significant impact upon the adjacent public land, and that this preserve will continue to add to the quality of life for citizens of Oak Brook and DuPage County residents alike. Please consider this*as my request that tN8 letter be:read.and entered into the pudic record at tonight's meeting. Sincerely, Kevin K. Stough, AICP Director of Land Preservation cc: Acting Village Manager Jeffrey Moline Mr. Daniel Callaghan, Brittwood Creek, LLC (FAX #887-9016) Executive Director Manning President Pierotti Commissioner Cantore Deputy Director Vick Project Engineer Hill ENGINEERING RESOURCE `HOC IATE,S INC. Consulting Engineers, Scientists & Surveyors r,�wr��.eraconsultants.corn 426 South Third Street phone 630.262.8689 Geneva, Illinois 60134 fax 630.262.8698 June 22,2007 Mr. Ross Hill Project Engineer Forest Preserve District of DuPage County (630)933-7244 SUBJECT: Brittwood Creek,Oak Brook, Illinois ERA Project No.250808 Dear Mr.Hill; In response to your email memo dated June 15, 2007 and addressed to Marcia Thomas, we offer the following response to your concerns about the project: Based on the existing topography of the site, approximately only 25% of the forest preserve area is tributary to the Brittwood Creek west property line, as the remaining area flows away from the site (either tributary to the Route 83 ditch, tributary to the south of the site, or tributary to the north of the site). The 25% area that is tributary to the site will flow to a proposed 30' upsized flared end section and storm sewer, which will convey the 100-year critical duration storm event into the Bdttwood Creek stormwater management facilities. The flared end section location is proposed at the low-point where existing natural flow enters the site. The proposed wall was conceptually shown on the Proposed Final Engineering Improvement Plans with a spread footing. Since then,it has been decided that the wall will be shorter in height and won't necessitate a spread footing. The wall foundation will be poured in a trench, allowing all construction equipment, materials,and excavation spoils to remain solely on the Brittwood side of the property line. Please feel free to contact me with any questions. Sincerely, ENGINEERING RESOURCE ASSOCIATES,INC. Brian E.Wawczak, P.E.,C.F.M. Page 1 of 3 Dale Durfey ---------------------- ---- ----— ---— From: Ross Hill [rhill @dupageforest.com] 2 �� �� Sent: Friday, June 22, 2007 4:39 PM E'a I To: Marcia Thomas JUN - 2 ?� 7 Cc: Kevin Stough; Dale Durfe y o Subject: RE: Brittwood Creek LLC Public Notice -- , . Marcia: I got a call this PM from Dale Durfey (O.B.Village Engineer), who had been talking to Dan Callaghan, who has seen our latest letter regarding our concerns with the proposed Rt. 83 wall. Mr. Callaghan told Dale that he has an earlier letter from the FPDDC that Indicates we didn't have any concerns about the wall. I told Dale that I was not aware of any such letter, and to my knowledge, we had not seen the proposed wall design cross-section until the latest public notice came out regarding the fence variance. I had previously been involved regarding the concept of creating a secondary emergency access to Rt. 83, through the FPDDC property, but I have previously had no opportunity to review any of the proposed details for the wall. I'll be off work next Mon-Wed, and perhaps Thurs AM, to take care of some things for my elderly parents, but you may want to review your files to see if we had sent any earlier correspondence regarding the wall (I see nothing in my files to that effect). Ross Hill Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may contain confidential,privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is prohibited.if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Marcia Thomas Sent: Friday, June 15, 2007 9:20 AM To: Ross Hill Subject: RE: Brittwood Creek LLC Public Notice OK-you're right. Thanks for keeping me posted. Marcia Thomas Land Preservation Specialist Forest Preserve District of DuPage County (630)933-7684 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. I From: Ross Hill Sent: Friday, June 15, 2007 9:13 AM To: Marcia Thomas Cc: Kevin Stough; Dale Durfey Subject: RE: Brittwood Creek LLC Public Notice Marcia: Ailsionm VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: June 20, 2007 FILE NO: 2007-017-ZO-VAR DESCRIPTION: Variation to Section 13-3-6B of the Zoning Ordinance to permit an eight (8) to nine (9) foot high solid fence. PETITIONER: Brittwood Creek, LLC 900 Oakmont Lane, Suite 110 Westmont, Illinois 60559 LOCATION: Southeast Corner of 35`h Street and Route 83. ADDRESS: NA-Vacant Land ACREAGE: 56.3 acres EXISTING ZONING/USE: R-1 and R-2, Single-Family-Detached Residence Districts, undeveloped. ZONING/USE OF SURROUNDING PROPERTY: North: R-2, Single-Family Detached Residence District, single-family homes in the Hunter Trails Subdivision. South: R-1, Single-Family Detached Residence District, undeveloped land owned by the DuPage Forest Preserve District. East: R-1, Single-Family Detached Residence District, the Oak Brook Farms stable and single-family homes in the Breakenridge Farm Subdivision. West: R-1, Single-Family Detached Residence District, undeveloped land owned by the DuPage County Forest Preserve District and Route 83, a multi-lane major arterial highway DISCUSSION: Brittwood Creek LLC, the current owner of the approximately 56 acres known as the Brittwood Creek Subdivision located east of Route 83, south of 35`h Street has submitted a petition seeking approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision parallel to Route 83. r T STAFF REPORT—VARIATION BRITTWOOD CREEK LLC—VACANT LAND SE 35TH STREET AND ROUTE 83 CASE Nos.2007-017-ZO-VAR Both the approved preliminary plat and final plat, which have been recommended for approval by the Plan Commission, depict a fence structure along the frontage of Route 83. Please see the materials provided by the petitioner in the case file for a more detailed description of the final plat elements. STAFF COMMENTS: Village Engineer Durfey reviewed the request and stated that there were not any engineering issues to be considered with the variation request for the fence. Also contained in the case file is an email from Dale Durfey with the concerns relayed from the Forest Preserve District of DuPage County. The applicant has responded to these concerns as well. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on this request to approve a variation to the Zoning Ordinance. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board is of the opinion that the applicant has satisfied the requirements for a variation, a recommendation would be in order to approve this request as presented subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as waived or varied. Respectfully Submitted, Robert L. Kaly0fir., AI Director of i y Development 2 r T BRITTWOOD CREEK, LLC 900 Oakmont Lane Ste110, Westmont, IL 60559 Phone: 630-887-9035 *Fax: 630-887-9016 June 21, 2007 Village of Oak Brook Village Board Zoning Board of Appeals 1200 Oak Brook Road Oak Brook,IL 60523-2255 Re: Brittwood Creek Forest Preserve District Board Members, This letter is in response to correspondence dated June 15th from Ross Hill of DuPage County Forest Preserve,received by Marcia Thomas and the Village of Oak Brook regarding the concrete retaining wall and fence,mostly along the development's west boundary line. In the correspondence received,the following summaries Mr.Hill points; A) Not concerned about the extended height or material of fence. B) Close proximity,three(3)feet away,with assumption of spread footing. Answer; The wall will be dug with an oversize trencher, and the bottom four (4)foot height of wall will be place using a monolithic pour. This is accomplished by filling the trench with concrete,right up against the earth. No spread footing is necessary,there does not exist any weight loads on top of the wall to warrant one. Further,the trench machine is five(5)feet wide, and the wall being straight,we will be able to install wall with out entering or disturbing Forest Preserve's property. C) Wall needs to be constructed with out impending flow and subsurface flow. Answer; 1) The northern portion of the Forest Preserve's property currently drains away from the proposed wall, and said grade to remain. 2) The southern portion of the Forest Preserve's property currently drains away and the south of our property lines and proposed wall. 3) The center portion of the Forest Preserve's property currently accepts drainage from a culvert under Rte 83, and said drainage continues eastward and onto Brittwood Creek property by Lot 23. My engineer has 0 • designed a storm drain to accept water (per the DuPage County storm regulations), and pipe the water northeast to pond D. Therefore,no pond or additional saturation will take place. In conclusion,there is no negative impact on the Forest Preserve's property,and the ten(10)feet offset requested is excessive. To provide a little more buffer, and set back,I will be willing to move the wall so that it is four(4)feet from the property line. Therefore, any and all future maintenance of the wall can be done with in Brittwood Creek property. Thank you for your time and consideration. Sincerely, Daniel P. Callaghan I i 7 Page 1 of 2 Dale Durfey 2 From: Ross Hill [rhill @dupageforest.com] Sent: Friday, June 15, 2007 9:13 AMr r To: Marcia Thomas � - / C�• `__ E ll pp I Cc: Kevin Stough; Dale Durfey JUN ! 8 ?OOI Subject: RE: Brittwood Creek LLC Public Notice n OF i.3 Marcia: Kevin asked if I would contact the O.B. Village Engineer, Dale Durfey, regarding my concerns, which are not strictly related to the developer's variance request per se. I am therefore forwarding a copy of this to Dale for his review and comment. Ross Hill Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential,privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Marcia Thomas Sent: Friday, June 15, 2007 8:50 AM To: Ross Hill Subject: RE: Brittwood Creek LLC Public Notice OK- I'm waiting for other responses. When I have them all, I'll draft something and probably run it by you. Marcia Thomas Land Preservation Specialist Forest Preserve District of DuPage County (630) 933-7684 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original. message. From: Ross Hill Sent: Friday, June 15, 2007 8:19 AM To: Marcia Thomas Cc: MaryEllen Weller; John "Ole" Oldenburg; Leslie Berns; Mike Palazzetti; Kevin Stough; Brent Manning; Bob Vick; Andrea Hoyt Subject: Brittwood Creek LLC Public Notice Marcia: Regarding thl" o osed construction of a retaining wall and fence along the entire length of our narrow"panhandle parcel" at Brush Hill, I hav couple df-major concerns that I think we should express to the Oak Brook ZBA. Quite frankly, I'm not at all concerned about the riance request'for,an extended height of the proposed fence or the fence materials, but the close proximity of the proposed concrete wall to our property will likely create long-term problems for us. Per your memo, the concrete retaining wall will be setback only 3 feet from our property line. The typical section doesn't show the proposed footing for the wall, which I assume will be a spread footing also constructed of concrete, and I am extremely dubious that this type of wall can be constructed this close to the property line without with disturbing our land. 6/18/2007 ' " ' Page 2 of 2 . The wall would need to be constru without impeding the natural surface flow subsurface flow from our property, which is generally sloped toward the proposed wall. We cannot have them create drainage obstructions, soil saturation, and potential wetland emergence on our property, because we bought this 50'-wide strip of land solely for the purpose of future trail development. Again, per their typical section, I am extremely dubious that they would be able to create a functional drainage swale within a T-wide setback zone. In order to prevent drainage problems on our property, I think they will need to install a storm sewer system along the entire west side of the wall, with surface intake structures at all low points in the horizontal profile. For all this to happen without impacting our property directly, I think the setback of the wall will need to be 10' minimum. Thanks for the opportunity to comment. Ross Hill Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is prohibited.if you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. i / I 1 0/•1 r%A 7 ., 0 0 Forest Preserve District of DuPage County Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 3 S. 580 Naperville Road VIA FACSIMILE 630-368-5107 and REGULAR MAIL May 14, 2007 Mr. Robert Kallien, AICP Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Brittwood Creek Subdivision Dear Mr. Ka!llen: The Forest Preserve District of DuPage County recently received notice of the proposed final approval of a plat of subdivision for Brittwood Creek. We appreciate receiving timely notification of such projects that may have an impact on our adjacent property, and we thank you for the opportunity to comment. The proposed subdivision appears to incorporate the previous suggestions that the District made with regard to preserving the natural areas along the creek and adjacent to Brush Hill Forest Preserve. We appreciate the efforts on the part of the developer and the Village to preserve much of those areas in a natural condition. If so desired, the District would be pleased to provide any additional assistance in regards to native species or protection of those areas. In addition, the District understands that the planned retaining wall/berm will not impact the forest preserve. land in any way. The District's engineer is available and willing to review any additional engineering information in that regard. We are hopeful that the Village's consideration of this development will help foster the type of environment that is needed for the success of the plants and wildlife at the adjacent forest preserve. With this in mind, we anticipate that this preserve will continue to add to the quality of life for the citizens of Oak Brook and DuPage County residents alike. Please consider this as my request that this letter be submitted to the Plan Commission at tonight's meeting. Sincerely, Kevin K. Stough, AICP Director of Land Preservation cc: Acting Village Manager Horne Mr. Daniel Callaghan, Brittwood Creek, LLC Executive Director Manning President Pierotti Commissioner Cantore Deputy Director Vick Mailing Address: P.O. Box 5000 • Wheaton, IL 60189-5000 www.dupageforest.com i ��3,�i/Z4,.��d •VAS. NOTICE IS HEREBY 61VEN ffior a pabiic heuri^� CERTIFICATE OF PUBLICATION fore the Zo^ing Board of Appeals of the Village of Oak Brack,D°Page and Cook Counties,Illinois,will be held on Rim afThe BUller�Gove��me^t Center,Village of Oak Paddock Publications, Inc. Brook,1p2o00 Oak Brook Road,Oak pBr00 Illinois 60523 for the purpoLCL Dakm nt Lane OSuite piO,Ti Jr.1 ont�IL Creek,L Snin0rdln°ncetoftheVillas f0°k Brooktllllnois Or Daily Herald dinanCe G-60 as amended.The Petitlane is seekingy the approval of a variation to Sedlo^13-3 68 to allow 4he construction of a Trex style crete retaining wall udf atenit to the Brittwood Creek Subdi-I vision western boundary line P°rallel to Route 83.. j The�yProperty na be generally described as O.Mroxt- east of Router83 with the leg I descgrIPtian assfollowesat and PARCEL 1: THE NORTHEAST 1/4 OF THE.SOUTH- 4W5oE0 FEE�OF THEINORTHERLYP500 FEET THEREOF organized and existing under and by virtue of the laws of the State of Illinois, SCRIBED°AS FOLLD ST CORMMENCINR AT1 HE g SOUTHEAST CORNER OF THE NORTHEAST.QUAR-;EBY CERTIFY that it is the publisher of the DAILY HERALD. TER OF THE SOUTHWEST QUARTER OF SAID SEC- SECON S WESTEALONG THE EASTSLINEI OF EETAILY HERALD is a secular newspaper and has been circulated daily in the SOUTHWEST QUARTER,A DISTANCE OF 170.41 FEET;46 OH OS WEST°ATDISTANCE OF 240 47 FEET TO A POINT Addison, Algonquin, Arlin ton Heights, Barrington, Barrington Hills, Bartlett, Batavia, OF SAID SOUTHWEST OF SUARTERRTHENCE NORTH 88 g g g g DEGREES 12 MINUTE 14 SECONDS EAST ALONG; Buffalo Grove, Burlington, Carol Stream, Carpentersville, Cary, Deer Park, Des Plaines, FEIETToTHE POINT OF BEG 'THE E TOWN 'NCIPALMERIDAN EN, PAGIaFtoTU Tr"RD Elburn, Elgin, Elk Grove Village, Fox Lake, Fox River Grove, Geneva, Gilberts, Glen Ellyn, Nols. hts, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park, Hawthorn Woods, PARCEL 2:THAT PART OF THE SOUTHEAST TOW S 1I P 39F NORTH RANGE 111EAST OFCTHE TH RD PRrINCIFACL9-� ING H THE SOUTHIB ED CORNLLOWS: CO OUTH•teS,Huntley,Inverness,Island Lake,Itasca,Keeneyville,Kildeer,Lake Barrington,Lake Villa WEST 1/4 OF SECTION 35; THENCE WESTERLY 115, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Lisle, Lombard, Long Grove, ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4,A NING NTHENCE CONTINUIING WESTNALONGESAI D y SOUTN LINE OFSAIDSOUTHEAST1/4,A DISTANCE OFDros ect Mundelein,Naperville,North Aurora,North Barrington,Oakbrook,Oakbrook Terrace, SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION p 35;THENCE NORTHERLY ALONG THE WEST LINE OF pct Heights, Rollin Meadows, Roselle, Schaumburg, Sleepy ollow, South Barrington, TAN E°Or 1327.68 FEET TO THE NORTHWEST COR- E . g g g py g NEROFSA IDSOUTHEAST1/4OFTHESOUTHWESTi/4 Charles, Streamwood,Tower Lakes, Vernon Hi11s,Villa Park,V010, Warrenville,Wauconda, NORTHLINE OF SAID SOUTHEAST EASTERLY 14:ALONG T OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT tics o, West Dundee, Wheaton,Wheeling, Wildwood, Winfield, Wood Dale, Bensenville ARDSON S SUBDIVISION,ACCORDING TORTHE PILAT g THEREOF,RECORDED AS DOCUMENT NO .903280; THENCE SOUTHERLY ALONG THE WESTERLY LINE _ CREEK THE BEING LOWING 6 COURSES AND°DIS- Cook DuPage Kane Lake McHenry i EASTEA DISTANCE OSOUTH 7 FEET;2 THENC I SOUTH 76 DEGREES 35 MINUTES 3o SECONDS EAST,A,DIS- I- is continuously for more than one year prior to the date of the first DR ES 1°5 M MUT FEET;ECONDS WEST A DIISTAHCE ' r OF 41.82 FEET; 4)THENCE SOUTH 17 DEGREES 46 r F 41 85)THENCE THENCE 1'DEGREES Cn6 MI UTES a notice hereinafter referred to and is of general circulation throughout said e 39 SECONDS EAST, A DISTANCE OF 35.71 FEET; 6)lit leS and State. s THENCE SOUTH 1,9 F-DEGREES HENCE SOUTH 25 DE y� g FEETSB)1TI MINUTE SOUTH 22 DEGREES 35 MINUTES e WEST,ADISTANCEOF4s.49FEETTOACROSSINTHE that the DAILY HERALD is a newspaper as defined in "an Act to revise CENTER WEST CORNER OF A SAID RACT OF LAND DFE SCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND 6P56 T O NENCE SOUTHERLYED AS DDOC WESTERLY to to notices" as amended in 1992 Illinois Compiled-Statutes, Chapter 715, LINE OF SAID LOT 2,BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES MINDISTANCES:T EK, ,ATDISTANCE OF 4y.8pEFEETs 2) and 5. That a riOt1Ce Of which the annexed printed slip is a true copy, was THENCE SOUTH 00 DEGREES 26 MINUTES.WEST,A , 2007 in said DAILY HERALD. DISTANCE OF 38.3 FEET 3)THENCE SOUTH 26 DE- GREES 45 MINUTES EASE,A DISTANCE OF 51:9 FEET; DISTANCE OF 46.251FEETR5)THENCIE SOU��TppH 57 DE i G THENCE SOUTH 02 DEGRE)ES Al MINUTES',EAST A the said PADDOCK PUBLICATIONS Inc., ERLY 470 OF 50.6 THE 5f)UTHWEST CORNERAOF IEREOF, the undersigned, , SAID TRACT KNOWN AS LOT 2,WHICH IS ALSO THE DIVISION ACCORDICNG TO THE P°AT.THEREOF RE- ertificate to be signed by, this authorized agent, at Arlington Heights, SOUTH 69 DEGREES O5 MINUTES WEST LOND THE ' DIIS ANCEOF116.45FEETTOTHE ORTHWE TERLY CORNER 22 MINUTES WEST'ALONG THE WESTERLY THE NORTHWESTCdRNERONATRACTOFLANDDE i PADDOCK PUBLICATIONS, INC. SCRIBED OF SURVEY RECORDED ASNDOCUMENDTENO i WEST;ALONG THE WE TERLY LINE OF SAID TRACT ` DAILY HERALD NEWSPAPERS KNOWN AS LOT 1,A DISTANCE OF 387.2 FEET,TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY,A DISTANCE OF EST ALONG E CE ITHERLY L NE OF SAIDITRACT BY POINyTN OF BE61NNINGN(EXCEPT FE POINT PART AUt Hied gent THEREOF. FALLING IN_FPD/BASIC LIFE_A------ Control # T4739828 ,s. VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: June 20, 2007 FILE NO: 2007-017-ZO-VAR DESCRIPTION: Variation to Section 13-3-6B of the Zoning Ordinance to permit an eight (8) to nine (9) foot high solid fence. PETITIONER: Brittwood Creek, LLC 900 Oakmont Lane, Suite 110 Westmont, Illinois 60559 LOCATION: Southeast Corner of 35th Street and Route 83. ADDRESS: NA- Vacant Land ACREAGE: 56.3 acres EXISTING ZONING/USE: R-1 and R-2, Single-Family-Detached Residence Districts, undeveloped. ZONING/USE OF SURROUNDING PROPERTY: North: R-2, Single-Family Detached Residence District, single-family homes in the Hunter Trails Subdivision. South: R-1, Single-Family Detached Residence District, undeveloped land owned by the DuPage Forest Preserve District. East: R-1, Single-Family Detached Residence District, the Oak Brook Farms stable and single-family homes in the Breakenridge Farm Subdivision. West: R-1, Single-Family Detached Residence District, undeveloped land owned by the DuPage County Forest Preserve District and Route 83, a multi-lane major arterial highway DISCUSSION: Brittwood Creek LLC, the current owner of the approximately 56 acres known as the Brittwood Creek Subdivision located east of Route 83, south of 35th Street has submitted a petition seeking approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision parallel to Route 83. Aft STAFF REPORT—VARIATION BRITTWOOD CREEK LLC—VACANT LAND SE 35TH STREET AND ROUTE 83 CASE Nos.2007-017-ZO-VAR Both the approved preliminary plat and final plat, which have been recommended for approval by the Plan Commission, depict a fence structure along the frontage of Route 83. Please see the materials provided by the petitioner in the case file for a more detailed description of the final plat elements. STAFF COMMENTS: Village Engineer Durfey reviewed the request and stated that there were not any engineering issues to be considered with the variation request for the fence. Also contained in the case file is an email from Dale Durfey with the concerns relayed from the Forest Preserve District of DuPage County. The applicant has responded to these concerns as well. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on this request to approve a variation to the Zoning Ordinance. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board is of the opinion that the applicant has satisfied the requirements for a variation, a recommendation would be in order to approve this request as presented subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as waived or varied. Respectfully Submitted, Robert L. Kallied1r., AI Director of i y Development 2 r . BRITTWOOD CREEK, LLC 900 Oakmont Lane Ste110, Westmont, IL 60559 Phone: 630-887-9035 *Fax: 630-887-9016 June 21,2007 Village of Oak Brook Village Board Zoning Board of Appeals 1200 Oak Brook Road Oak Brook,IL 60523-2255 Re: Brittwood Creek Forest Preserve District Board Members, This letter is in response to correspondence dated June 15`h from Ross Hill of DuPage County Forest Preserve,received by Marcia Thomas and the Village of Oak Brook regarding the concrete retaining wall and fence,mostly along the development's west boundary line. In the correspondence received,the following summaries Mr.Hill points; A) Not concerned about the extended height or material of fence. B) Close proximity,three(3)feet away,with assumption of spread footing. Answer; The wall will be dug with an oversize trencher, and the bottom four (4)foot height of wall will be place using a monolithic pour. This is accomplished by filling the trench with concrete,right up against the earth. No spread footing is necessary,there does not exist any weight loads on top of the wall to warrant one. Further,the trench machine is five(5)feet wide, and the wall being straight,we will be able to install wall with out entering or disturbing Forest Preserve's property. C) Wall needs to be constructed with out impending flow and subsurface flow. Answer; 1) The northern portion of the Forest Preserve's property currently drains away from the proposed wall, and said grade to remain. 2) The southern portion of the Forest Preserve's property currently drains away and the south of our property lines and proposed wall. 3) The center portion of the Forest Preserve's property currently accepts drainage from a culvert under Rte 83, and said drainage continues eastward and onto Brittwood Creek property by Lot 23. My engineer has 0 • designed a storm drain to accept water(per the DuPage County storm regulations), and pipe the water northeast to pond D. Therefore,no pond or additional saturation will take place. In conclusion,there is no negative impact on the Forest Preserve's property,and the ten(10)feet offset requested is excessive. To provide a little more buffer, and set back,I will be willing to move the wall so that it is four(4)feet from the property line. Therefore, any and all future maintenance of the wall can be done with in Brittwood Creek property. Thank you for your time and consideration. Sincerely, Daniel P. Callaghan Fla- • � Page 1 of 2 Dale Durfey From: Ross Hill [rhill @dupageforest.com] (f vu , Sent: Friday, June 15, 2007 9:13 AM r � C E pp 2 To: Marcia Thomas �-L-- lJ L5 r Cc: Kevin Stough; Dale Durfey Ell s I JUN 18 2007 Subject: RE: Brittwood Creek LLC Public Notice n i I Marcia: Kevin asked if I would contact the O.B. Village Engineer, Dale Durfey, regarding my concerns, which are not strictly related to the developer's variance request per se. I am therefore forwarding a copy of this to Dale for his review and comment. Ross Hill Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is prohibited.If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Marcia Thomas Sent: Friday, June 15, 2007 8:50 AM To: Ross Hill Subject: RE: Brittwood Creek LLC Public Notice OK- I'm waiting for other responses. When I have them all, I'll draft something and probably run it by you. Marcia Thomas Land Preservation Specialist Forest Preserve District of DuPage County (630)933-7684 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Ross Hill Sent: Friday, June 15, 2007 8:19 AM To: Marcia Thomas Cc: MaryEllen Weller; John "Ole" Oldenburg; Leslie Berns; Mike Palaaetti; Kevin Stough; Brent Manning; Bob Vick; Andrea Hoyt Subject: Brittwood Creek LLC Public Notice Marcia: Regarding thee p-Loposed construction of a retaining wall and fence along the entire length of our narrow"panhandle parcel" at Brush Hill, I hay couple of-major concerns that I think we should express to the Oak Brook ZBA. Quite frankly, I'm not at all concerned about the variance request for,an extended height of the proposed fence or the fence materials, but the close proximity of the propo'ed concrete wall to our property will likely create long-term problems for us. . Per your memo, the concrete retaining wall will be setback only 3 feet from our property line. The typical section doesn't show the proposed footing for the wall, which I assume will be a spread footing also constructed of concrete, and I am extremely dubious that this type of wall can be constructed this close to the property line without with disturbing our land. 6/18/2007 / Page 2 of 2 e The wall would need to be construl without impeding the natural surface flow"dTrd subsurface flow from our property, which is generally sloped toward the proposed wall. We cannot have them create drainage obstructions, soil saturation, and potential wetland emergence on our property, because we bought this 50'-wide strip of land solely for the purpose of future trail development. Again, per their typical section, I am extremely dubious that they would be able to create a functional drainage swale within a T-wide setback zone. In order to prevent drainage problems on our property, I think they will need to install a storm sewer system along the entire west side of the wall, with surface intake structures at all low points in the horizontal profile. For all this to happen without impacting our property directly, I think the setback of the wall will need to be 10' minimum. Thanks for the opportunity to comment. Ross Hill Project Engineer Forest Preserve District of DuPage County (630) 933-7244 CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is prohibited. if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Forest Preserve District of DuPage County 3 S. 580 Naperville Road • Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 VIA FACSIMILE 630-368-5107 and REGULAR MAIL May 14, 2007 Mr. Robert Kallien, AICP Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Brittwood Creek Subdivision Dear Mr. Ks!lien: The Forest Preserve District of DuPage County recently received notice of the proposed final approval of a plat of subdivision for Brittwood Creek. We appreciate receiving timely notification of such projects that may have an impact on our adjacent property, and we thank you for the opportunity to comment. The proposed subdivision appears to incorporate the previous suggestions that the District made with regard to preserving the natural areas along the creek and adjacent to Brush Hill Forest Preserve. We appreciate the efforts on the part of the developer and the Village to preserve much of those areas in a natural condition. If so desired, the District would be pleased to provide any additional assistance in regards to native species or protection of those areas. In addition, the District understands that the planned retaining wall/berm will not impact the forest preserve land in any way. The District's engineer is available and willing to review any additional engineering information in that regard. We are hopeful that the Village's consideration of this development will help foster the type of environment that is needed for the success of the plants and wildlife at the adjacent forest preserve. With this in mind, we anticipate that this preserve will continue to add to the quality of life for the citizens of Oak Brook and DuPage County residents alike. Please consider this as my request that this letter be submitted to the Plan Commission at tonight's meeting. Sincerely, Kevin K. Stough, AICP Director of Land Preservation cc: Acting Village Manager Horne Mr. Daniel Callaghan, Brittwood Creek, LLC Executive Director Manning President Pierotti Commissioner Cantore Deputy Director Vick Mailing Address: P.O. Box 5000 • Wheaton, IL 60189-5000 www.dupageforest.com Y? Z4ucO JIAX r , J I ' NOTICE IS HEREBYIGIVEN Hearing that a Public hearing be CERTIFICATE OF PUBLICATION ore the uPaige and Cookftou ties•I.Ilinois will be held on Room�e'ButlerOGOVernment Centerl,Viluee o O°rk paddock Publications, Inc. Brook,1200 of Wnsideri 9dihe�a piica4ion'off t rttwood The rwrvose esimont,IL Creek, LC,900 Oakmont Lane, o to 110,W di nine Ordinance of fhe Village of 0°k Brook,Of 0tlllioofs or Daily Herald dinance G_60 as amended. The petitioner is seekinyyehcoostroct on of a Tr xf style SeCtia(n 13-3.6B to allow th crate retaining wall adiacent to the Bri�000d Creek Subdi-I vision we boundary line Parallel to Route 83.. The wrocerty ma be enerally described as approxi- mutely 56°cres of load,loc°ted south of 35th Street.and east of Route 83 with the legal desc[ipp'ion os follows: PARCEL 1: THE NORTHEAST 1/4 OF THE SOU O aWEST 5oE0 FEE�OF THEINORTHERLY 500 FEET TAHEREOF organized and existing under and by virtue of the laws of the State of Illinois, SCRIBEDOASXCFOLLOWST COMMENCINGCATI HE g SOUTHEAST CORNER OF THE NORTHEAST.QUAR-;EBY CERTIFY that it is the publisher of the DAILY HERALD. TER OF THE SOUTHWEST QUARTER OF SAID SEC- SECON 5 WESTEALONG THE EAST LINEIOF SAIDAILY HERALD is a secular newspaper and has been circulated daily in the TNENCEESOUTHA46 DEGREESI6 MINUTE5130 SEC- OND W80UTHDLITA C THENORTHEASTQUARTERAddison, Algonquin, Arlington Heights, Barrington, Barrington Hills, Bartlett, Batavia, OF SAID SOUTHWEST QUARTER;THENCE NORTH 88 ' Buffalo Grove, Burlington, Carol Stream, C entersville, Cary, Deer Park, Des Plaines, DEGREES U MINUTES 14 SECONDS EAST ALONG; SAID LTO7HE PORNT OF BEGINNING)AALL IN TOWN g SHIP 39 NORTH, RANGE 11;EAST OF THE THIRD Elburn, Elgin, Elk Grove Village, Fox Lake, Fox River Grove, Geneva, Gilberts, Glen Ellyn, PRINCIPAL MERIDIAN,,IN.DU PAGE COUNTY,ILL.- g g ' NO.s. hts, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park, Hawthorn Woods, PARCEL 2:THAT PART OF THE SOUTHEAST 1/4.OFr NORSOUTHWEST NG 11EAST FCTHE THIRD PRrINCIPACL9� ING ATITHE SOUTHIEAST CORNER FS:AID SOUTH-tes,Huntley,Inverness,Island Lake,Itasca,Keeneyville,Kildeer;Lake Barrington,Lake Villa WEST lr4 OF SECTION 35; THENCE WESTERLY 115, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Lisle, Lombard, Long Grove, ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4,A NI T NTHENC CONT HUING WESTNALONGESAID y SO5.02 FEET HESOUTHW STI/4ADISTANCEOFDrOS ect,Mundelein,Naperville,North Aurora,North Barrington,Oakbrook,Oakbrook Terrace, SOUTHEAST 1/40OF THE SOUTHWEST 1/4 OF SECTAON p S ID SOUTH ORTHERFYAL SOU HWEST1/41AOIS-'act Heights, Rolling Meadows, Roselle, Schaumburg, Sleepy Hollow, South Barrington, TANCE OF 1327.60 FEET T1/THE NORTHWEST NER OF SAID SOUTHEAST 1140E THE SOUTHWEST 114. Charles, Strealnwood,Tower Lakes, Vernon Hills,Villa Park,Volo, Warrenville,Wauconda, T 1/4 NORTH LINE OF SAID SOUTHEASTi%t ALONG ITANCE OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT tica O s West Dundee, Wheaton,Wheeling, Wildwood, Winfield, Wood Dale, Bensenville ARDSON S SUBDIVISION,ACCORDING TAO THE PILAT THEREOF,RECORDED AS DOCUMENT NO .903280;LINE THENCE SOUTHERLY ALONG THE WE LLINE _ OF SAID THE'FOLLOWING 9 COURSES AND OF DIS- Cook DllPage Kane Lake McHenry i EAST A D STANCE OF 21.77 FEET 2R THENMINUTES H 76 DEGREES 3s MINUTES 30 SECONDS EAST,A,DIS-�Iinois, c ontinuously for more than one year prior to the date of the first GREES 1S MINUTES 90 SECONDS WEST A DISTANCE r OF 41.82 FEET; 4) THENCE SOUTH 17 DEGREES 46 t MINUTES 30 SECONDS EAST A DISTANCE OF 110.97 a notice hereinafter referred to and is of general circulation throughout said SEC NDS EASTNAR DISTANCE OF'DEGREES.71 FEET 6) s DHSTAHCE OF 25.79 FEET EE THENCE SOUT WEST,5 E nty(ie$) and State. aFEET-8)1THEINCE SOUTH 22 DEGREES 35 MINUTES CENTERDOF BRIDGE OVFE SAID CREEK SAT THE that the DAILY HERALD is a newspaper as defined in "an Act to revise NORTHWEST CORNER of A TRACT OF LAND DE- SCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT THENCE SOUTHERLYADLO GDOCUMENT TW RLOY 1ri to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, LINE OF SAID LOT 2 BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND DISTANCES,1)THENCE SOUTH 30 DEGREES 11 and 5. That a notice of which the annexed printed slip is a true copy, was MHENCESSOUTH'oo DR DISTANCE 6 OF WEST,A 7 2007 in said DAILY HERALD. GREES45MINUTES EAST;A DISTANCE OF S WEsT,.; e DISTANCE OF 46.25 FEET,R5)THENCIE SOUTH 57 DE VENCE SOUTH i 6)THENCE SOUTH 02 EAST GRE DISTANCE MIUTE'.EST FEET; 7 the said PADDOCK PUBLICATIONS, Inc., �- DISTANCE OF 50.6 FEET; 7 THENCE SOUTHEA�T- IEREOF, the undersigned, ERLY 47.0 FEET TO THE 5CUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2,WHICH IS ALSO THE NORTHEASTERLY COO TD TOE OT I I OZZO SUB- DIVISION, - ertiftcate to be signed by, this authorized agent, at Arlington Heights, SOUTDH 69 DEGREES 05 MINUTOES WEST LONO THE ' DISTANCE OF OF SAI 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE SOUTH 24 D LINE E NOR HWESTCdRNER FATOF T OF LAND DE II SCRIBED AND KNOWN AS LOT 1 IN ALEXANDER S PADDOCK PUBLICATIONS, INC. WE 11 ALONG THSOUTH WE TERLY LINE OF SAID TRACT .i DAILY HERALD NEWSPAPERS KNOWN AS LOT 1,A DISTANCE OF 387.2 FEET,TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTHERLY LINE OF SAID TRACTS KNOWNAAS LOT 1 IN ALEXANDER'S PLAT OF SURVEY A DISTANCE OF LO THE T HEDLNE I EST AG SOURLYI OF SAID ' TRACT BY KNOWN O LOT 1,A DISTANCE OF 139.2 FEET TO THE AU rized gent THEREOFF FALLI_i�G'ING FPD BAS CT•L_IFE AESE55 Control # T4739828 _5 pVE OF 04'V �' 90 � O � t � A O - y G O 9CFCOUNT June-1-5; 2007 Village of Oak Brook Dear Resident: 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website The Oak Brook Zoning Board of Appeals and the Village Board will be considering a www.oak-brook.org variation at the meetings scheduled on the back of this notice. Administration 630.368.5000 The application has been filed by: Brittwood Creek LLC FAX 630.368.5045 900 Oakmont Lane, Suite 110 Westmont, IL 60559 Community Development 630.368.5101 The property in question is located at: East of Route 83/South of 35th Street FAX 630.368.5128 Engineering Subdivision: Brittwood Creek Subdivision Department 630.368.5130 FAX 630.368.5128 Relationship of applicant to property: Owner Fire Department 630.368.5200 Also shown on the reverse side of this notice is a map* of the area to assist you in FAX 630.368.5250 determining your relationship to the property in question. Police Department The request, which has been made, is as follows: The petitioner is seeking the 630.368.8700 FAX 630.3.3 68..8787 39 approval of a variation to Section 13-3-3-6B to allow the construction of a Trex style eight (8') to nine (9') foot high solid fence on top of a concrete retaining wall Public Works adjacent to the Brittwood Creek Subdivision western boundary line parallel to Department Route 83. 630.368.5270 FAX 630.368.5295 Also included in this notice is a map* of the area to assist you in determining your Oak Brook relationship to the property in question. Attached is a reduced copy of the proposal Public Library for your convenience. 600 Oak Brook Road The plan can also be viewed on the village website under: Our Village Services, Oak Brook,IL 60523-2200 Departments, Community Development Department, Planning and Zoning page, 630.368.7700 FAX 630.368.7704 Upcoming Hearings at: wwwmak-brook.orA. If you need help accessing the site, please call our department at the number below for assistance. Oak Brook Sports Core If you desire more detailed information, please contact the Community Development Bath&Tennis Club Department at 630-368-5103 to review the file on this application. 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 Sincerely, FAX 630.368.6439 Golf Club 2606 York Road Robert allien , AICP Oak Brook,IL 60523-4602 630.368.6400 Director o ommunity Development FAX 630.368.6419 RLK/gp In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline, the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center located on Oak Brook Road(31st Street) and Spring Road, Oak Brook, Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Monday, June 25, 2007 Board of Trustees Meeting . . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, July 24, 2007** **Tentative-Follows the completion of the Zoning Board of Appeals public hearing - -- � - _..�.,- ---•-"_:� N----. k! ---' '. _ 31st Sl ^_--- _-- `ya Brook �.� - I in plays i ' �_ __'•�. 'C Lakes l �; !7 I• Fullersburg Y�bodg ? 4 ' - �]C35TH STREET MUM ji LOCATION �,^ f E: OF I SUBJECT ��,� �5 ` n.` PROPERTY \�`�J'�.� L.—jai �.�-�' / j°C Ll Li tJ L3 i 34 i Li I I E7 � ► � I *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the propert • Brittwoai Creek-Var Fence.res.ltr.doc vG� 0 Oqt�90 p co C. O 9 COUNIX, AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2007 SUBJECT: Referral - Brittwood Creek-Variation—Fence Along Route 83 FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board of Appeals for public hearing at its June 25, 2007 meeting. Backeround/History: Brittwood Creek LLC, the current owner of the approximately 56 acres known as the Brittwood Creek Subdivision located east of Route 83, south of 35 th Street has submitted a petition seeking approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision parallel to Route 83. Recommendation: Please refer the request for a variation to the June 25, 2007 Zoning Board of Appeals meeting for I public hearing. BOT-Referral-Brittwood Creek-VAR-Fences-2007.doc 1 I B. Permitted In Required Yards: Accessory uses and structures are permitted in required yards as follows with the following designations: F=Yards adjoining streets S =Interior side yards R=Rear yards F S R Fences, open, and gates,whether or not connected to a X X X fence,not more than 42 inches in height. Chainlink or wire fence,where permitted as set forth below, shall be at least 9-gauge wire, shall be constructed with a top member or brace with a knuckle design, shall be a wire material(finished side) facing the neighboring property, shall be painted or coated in a dark color(e.g.,black, brown or dark green), shall not include slats and shall be landscaped with bushes or trees on both sides of the fence, except for dog runs/kennels,which shall be so j landscaped on the outside of the fence. Location Use Of Chainlink Fence 1 Buildable area Not permitted In any front/side yard Not permitted 2 In any rear yard Permitted with limitations 3 Surrounding subdivisions Permitted with limitations 4 Swimming pools Not permitted 5 Sports courts/fields Permitted with limitations 6 Construction sites Permitted with limitations 7 Road ROW Permitted with limitations 8 t Dog runs/kennels Permitted with limitations s 13-3-6: ACCESSORY USES AND STRUCTURES: Page 1 of 1 Notes: 1. Exception for dog runs/kennels, as provided herein. 2. 6 foot high chainlink fences only permitted if lot abuts the village's boundary with another municipality. 3. 42 inch high chainlink fences if landscaped on both sides with year round plantings. 4. Must utilize 6 foot high, nonchainlink fences. Must provide same level of security as chainlink. 5. Includes courts for tennis, basketball and hockey, and fields for baseball. 6. Temporary use. 7. Located along county, state and federal highways only. 8. Permitted in buildable area only. Nonchainlink fence material is required if located in any required yard. In the event that a yard is enclosed with a chainlink fence as of August 12, 2003, and in the event that 1 side of the fence enclosure is on a neighbor's property and the neighbor removes the chainlink fence, the owner may continue to en4lose his/her yard with a chainlink fence by constructing a new fence on the owner's property to replace the fence removed by the neighbor /a pF d QQOOK PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) 0 VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ - Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE �tiws& 1 i �Ya t' I.Ii[f�lNo jittll X 1 Ira LEIS 2 LOCATION OF SUBJECT PROPERTY south corner of Rte 83 & 35th StPERMANENT PARCEL NO*. see exhibit attached hereto LOT NO. SUBDIVISION Brittwood Creek LEGAL ADDRESS* ZONING DISTRICT ZONING ORDINANCE SECTION 13 — 3 — 6 — B ACTION REQUESTED see attached Relief section, height, and solid PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Brittwood Creek, LLC PHONE 630-887-9035 ADDRESS 900 Oakmont Lane Ste 110 CITY Westmont STATE IL ZIP 60559 BENEFICIARY(IES)OF TRUST NSA PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Brittwood Creek, LLC PHONE 630-887-9035 ADDRESS 900 Oakmont Lane Ste 110 CITY Westmont STATE IL ZIP60559 Contact Name and E-mail Address(s) Daniel P. Callaghan dcallaghan@callaghanassociates.com okcertify that all of the above statements and the statements contained in any pap s or plans submitted herewith are true to the best of my(our) edge and belief. I(w per to a Village to install public hearing ' n ,on the lot fronta f th ov subject property as n ed in the V Code. Rion t e above fees,applicant agrees to reimbu se the Will ation do within 30 days of billing. Signat of wner Date Signal 4'of pplicant Date DO NOT WRITE IN THIS SPACE—FOR OFFICE SE LY t $'$ Y.�iy� x ' a,' :.•a a ',��a y ✓h .o. G ... 3..40 .u'Rr"$+ 'L S -f%S. �A -.. '�#qss$,�Z Pbaya,g�x$IXa B�ar tce i'�oi~'ife Sgg rr u s'teat e_8s�",�i R:t a's*}K7a"�y ds k�•.i t�rt r�aa y f x��c,e w�x{uf;"r¢."°�a�}Y''g t-•�{'R n`/r!�a�d'td i r d`t�d^3.a�P,z�uabte listh'ed ..� ,w�+y M 3 A`"v.x�.'St�yq r�z ,t'vs`�d a ,°''4S,ys��m s 3��'0�'sfi',�1�'���Sy c�r 1 �.1St+Q M 4 �� �� f t � r '�r N u eper ff 4A ' .i.�e�F��'•�r�ta'�� 'a a&e.°�wta Y K- !w'�g»��,.s t''•a la fw�i{3 ay�,c��s7',' t r °g�l��/�a.�: #� d kPy: �, 'T."'a,,u d %�4��` la is — : 3? il � �, rk. �. §.o a aa1a 3•;;� s a aaxi.rta a�' z8z. 44F s,4 ,_ txtt� ¢b tees _ x i3dacd efr �t O�= vy pproval *. Fb s Y x`^'25 ' �a� a f °•t r srt J PUBLIC HEARING Packet-5/1/2007 14! I 900 Oakmont Lane, Suite 110 Westmont; Illinois 60559 Phone (630) 887-9035 Fax (630) 887-9016 To. Village of Oak Brook Board of Trustees Zoning Board of Appeals Plan Commission From: Brittwood Creek, LLC Attorney Walter Morrissey Re: Application to Request pp q st a Variation from the Zoning Regulations 13-3-6B Fence Height and Percentage of Open Area. Subject: Approximately ect: A roximatel 56 Acres at Route 83 and 35 th Street Date: May 17, 2007 Dear Board Members, This request is hereby made for your consideration to allow a subdivision boundary fence to exceed the current height and percentage of openness currently allowed in the zoning ordinance. The location for this proposed fence is the subdivision's west property line, and the west end of the north and south property line, all of which is adjacent to Route 83. Yes, Route 83. The Illinois Department of Transportation just raised the daily traffic movements to over 80,000 vehicles per day. We are all aware of the negative sound and visual impact of Route 83. This variation will allow us to mitigate a portion of this aspect. The original design of the sound wall, as approved on the preliminary plat, showed an earth berm with 1) interlocking retaining wall approximately three ( 3 ) to four (4) foot in height, along the interior subdivision roadway, 2) concrete retaining wall, with approximate height between seven( 7 ) and ten( 10 ) foot, and 3) landscaping with Evergreens, Deciduous trees, and other plantings atop the earth berm. In my review during the final engineering process, and concerns raised by the Forest Preserve District, I considered many things 1) the retaining wall along the inner roadway, no matter how "dressed up", is going to lend itself to a commercial look, something not in character with the rest of the subdivision of it's "rural"design. 2) earth berm at the height proposed would look out of balance because of its proposed"quick", unnatural height, and 3)the concrete wall would be horrendous looking in the event the Forest Preserve District removed some or most of the vegetation in the Fifty(50) foot access-buffer strip between Route 83 and the subdivision's west property line. 13. 0 Under the Zoning Regulations Definitions (13-2-2 ), Fence: "Open" and"Solid" is defined. The Village Code on"Solid" states; "A fence, including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it". My interpretation of this definition, leads me to believe those who intentionally drafted the Zoning Regulations, believed at sometime or another, the use of a solid fence would be probable for some reason of consideration. Under the Zoning Regulation Accessory Uses and Structures (13-3-6B)Permitted in required yards, fences to be not more than 42 inches in height, chain link where permitted, location for surrounding subdivisions- permitted with limitations for landscaping on both sides. Exceptions are permitted. This type of allowed fencing would never diminish the sound and visual impact Route 83 produces. The request for a solid, earth tone fence of eight( 8 ) to nine (9) foot in height, plus an approximately four (4) foot high concrete retaining wall adjacent to an earth berm with landscaping. Therefore, I believe the variance may be granted as follows; 1) The land does not present unusual difficulties to the construction of a sound and visual barrier to provide some form of separation from Route 83, 2) The pre-existing condition of Route 83 is not of past or current owners making, 3) The adherence to the requirement would prevent and/or reduce unreasonably the ability to gain a fair rate of return, 4) The hardship exists, due to neighboring property usage, and 5) The proposal is in accordance with the intent of the regulations, and the essential character of the neighborhood will not be changed. Further, granting the proposed variance is: 1) Not done because the justification is solely based on the possibility for profit or 2) The conditions put forth are not essentially the same for most other properties, 3) The request is not based on personal conditions of my own making, or i 4 The variation would not be determined ton neighboring properties, or 5) The variation will not negatively alter the character of the area. The proposed variation, as per the points outlined above, as well as the standards, factors, and other supporting documents included with the application, clearly demonstrates all the reasoning, conditions, and factors have been met. I respectfully ask for your sincere consideration on this justifiable request. Si cerely, Daniel P. Callaghan DPC/sp VILLAGE OF OAK BROOK APPLICATION FOR VARIATION DATE: MAY 17, 2007 SUBDIVISION TITLE: BRITTWOOD CREEK LOCATION: 35th STREET and ROUTE 83 ZONING ORDINANCE: SECTION 13-3-6B ACCESSORY USES AND STRUCTURES Variation to Section 13-3-6B (fence) The Village of Oak Brook on February 27, 2007 recorded Ordinance 2007-ZO-MA-R-S 1180 as Document Number R2007-035897 to amend the Zoning District Map concerning a parcel of approximately 28.64 acres located at the southeast corner of Route 83 and 35th Street, Oak Brook, Illinois. Brittwood Creek, LLC as owner filed its application for final plat approval for the Brittwood Creek subdivision. Brittwood Creek is seeking a variance from Zoning Ordinance 13-3-6B to construct Trex style eight(8)to nine (9) foot height solid wood fence on a berm adjacent to its western boundary line parallel to Route 83. The fence would be mounted on the concrete retaining wall, which is generally at the west side of the berm. The east side of the fence would be screened by occasional parkway trees, shade trees and evergreen trees. The ordinance only allows use of chain link or wire fences not more than 42 inches in height. Brittwood Creek is requesting a variance to allow a decorative "Trex" manufactured solid fence, with a height of eight (8) to nine (9) feet atop concrete wall approximately three (3) to four(4) feet off the north-westemly, west and south-westemly subdivision property line. A sound and visual buffer requirement is apparent and justified due to the property proximity to Route 83. Without the Trex style eight (8) to nine (9) foot solid wood fence, the residents would suffer unacceptable intrusions of sound and vision. Section 13-14-61) Variation Standards: (a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district which is located. The existence of the Route 83 right of way, fifty(50) feet west of our west property line, whose traffic counts exceed 80,000 traffic movements per day and increasing, negatively impacts a reasonable return expectation and without some sound and visual mitigation for the single family Brittwood Creek Village of Oak Brook May 17, 2007 Application for Variation Page 2 of 4 sites and future homes abutting the west property line. The Trex style solid wood fence is compatible with the residential rural setting. of the owner is due to unique circumstances. (b) The plight q The Illinois Department of Transportation has no current published or approved future plans for widening of Route 83 adjacent to the property in question. As such, no sound walls are proposed for installation as; 1) exists for other Oak Brook property adjacent to other high traffic right of ways, such as I-294 and 2) walls proposed for I-88 along Ginger Creek and Brook Forest subdivisions. This unique circumstance requires sound control and visual buffering to take place on private property within the Village. Further, the design approved with the preliminary plat provided for a commercial style sound buffer. Block retaining walls were proposed with and adjacent to the interior subdivision loop road, as well as a tall eight(8) to nine (9) foot height concrete wall approximately three (3) to four(4) foot off the subdivisions property line adjacent to the Forest Preserve property. This proposed buffer while effective would present a commercial aspect in an otherwise rural styled development. (c) The variation, if granted, will not alter the essential character of the locality. The variation, if granted, will not alter the essential character of the locality, where as other taller, less attractive walls exist in right of way boundaries. The style and earth tone brown color of the fencing blends well with the forestry on the west, and proposed plantings to the east. Further, other area residents will benefit from the proposed wall. Some have noted an increase in noise when the majority of buckthorn was removed, depleting vegetation, screening, and noise abatement. (2) (a) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. Cl: Brittwood Creek Village of Oak Brook May 17, 2007 Application for Variation Page 3 of 4 The existence of Route 83 right of way 50, (fifty) feet west of the subdivision's west property line,with over 80,000 traffic movements per day and increasing,provides a particular hardship if a sound and visual control was not implemented. The current strict regulations provide for an open style chain link fence limited to 42 inches in height which in no way would provide for any level of noise reduction or sight obstruction as the proposed fence would provide. (b) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. The condition of other zoning of the same classifications would not be the same due to the lack of existence of a major through fare such as Route 83 with 80,000 plus movements per day. The majority of R-1 zoning within the Village does not boarder traffic impact of this degree, except for the properties by I-294, which have sound walls constructed on tollway property directly adjacent to them. (c) The granting of the variation will not be determined to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Granting of the variation will be beneficial to the public welfare for those future residents of the new subdivision, as well as existing nearby residents,by providing a sound and aesthetically pleasing visual barrier with a collection of components; earth berms with landscaping, concrete retaining wall, and eight(8)to nine (9) foot height solid"Trex"material fencing. The installation of the fence, with the barrier being proposed, will not be injurious to other property which is mostly comprised of Forest Preserve property, Route 83, and the Village boundary for Westmont. Property values will be maintained if the proposed variation is accepted. (d) The proposed variation will not impact an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed variation will not impair adequate supply of light and air since the solid fence height is only eight (8) to nine (9) foot in height with a fifty(50) foot buffer of Forest Preserve on the west, and a twenty-five (25) to thirty-five (35) foot earth berm to the east. The fence will not increase the danger of fire; the fence is manufactured with mostly recycled plastic with minimal wood fiber for aesthetics. The fence will not impair public safety, and a section of Cz Village o Oak Brook Brittwood Creek g f May 17, 2007 Application for Variation Page 4 of 4 fence will be able to be knocked down, with the similar force required to break in a front door. The fence will not diminish or impair property values, but maintain what the value is expected to be. A solid sound and visual barrier with an eight (8) to nine (9) foot height fence, with landscape screening provided to the east and a fifty(50) foot Forest Preserve wooded buffer to the west, allows the fence of a earth tone brown to blend with the existing and proposed surroundings. (e) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. The purpose of the proposed variation is to maintain a considered value that the property is expected to have, and to maintain the considered value for the owners and Village residents in the future. The existence of Route 83 right of way fifty (50) feet west of the subdivision's west property line, warrants the acceptance of the proposed barrier with an eight (8) to nine (9) foot height fence, to provide some form of sound and visual barrier between the subdivision property and Route 83. (f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty and hardship, which is due to Route 83 existing fifty(50) feet west of the subdivision's west property line, was not created by the current or past owners of this property. The existence of Route 83, and it's past and future expansion, is a result of population and the roads usage increase. The proposed barrier with Trex style fence and a bermed area with landscaping will provide a friendly habitat for birds and other wildlife. Brittwood Creek believes that the Trex style solid wood fence would satisfy the so-called LaSalle Factors for the reason stated hereafter. The requested variation for the solid wood fence will serve and act as a visual and sound barrier to Route 83 thereby benefiting the residents of Brittwood and other nearby residents. �3. NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. PROPERTY NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PAPZCEL OWNER SEE ATTACHED LIST I (Attach additional sheets if necessary) PUBUC HEARING Packet-6/1/2007 �� #06-35-301-007 138 0#06-35-301-008 Breakenrid a Farm 141 Breakenrid a Farm 0406-35-301-010 t g g 1201 35 S . Mr.Fred Iozzo 141 Breakenridge Farm LLC Oak Brook Bank Trust#2468 138 Breakenridge Farm 141 Breakenridge Farm 120135"St. Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523 #06-35-301-011 120135`St. #06-35-301-012 Route 83 #06-35-301-013 Route 83 Oak Brook Bank Trust#2469 Forest Preserve District DuPage Forest Preserve District DuPage 1201 35s'St. Land Preservation/Karen Zilly Land Preservation/Karen Zilly Oak Brook,EL 60523 P.O.Box 5000 P.O.Box 5000 Wheaton,IL 60189 Wheaton,II,60187 #06-35-301-017 78 Breakenridge Farm #06-35-302-001 78 Breakenridge Farm #06-35-302-003 86 Breakenridge Farm Anthony J.Pasquinelli Mr,Anthony J.Pasquinelli Kathleen A.Skinner Trust 78 Breakenridge Farm 78 Breakenridge Farm P.O.Box 1166 Oak Brook,IL 60523 Oak Brook,IL 60523 Wayne,IL 60184 #06-35-400-001 1155 351 St. #06-35-400-002 1105 35'St. #06-35-400-007 40 Breakenridge Farm Constance T.Keller John B.Templeton Jr. Mr.&Mrs.John&Susan Nalbach 1155 35h St. 1105 35's St. 40 Breakenridge Farm Oak Brook,IL 60523 Hinsdale,IL 60523 Oak Brook,IL 60523 #06-35-400-010 66 Breakenridge Farm #06-35-400-012 178 Breakenridge Farm #06-35-400-026 34 Breakenridge Farm LaSalle Trust#120903 Mrs.Debra Palumbo Mr.&Mrs.Joseph&Maureen Perri 135 S.LaSalle Ste 2500 38 Sawgrass Dr. P.O.Box 3038 Chicago,IL 60603 Lemont,IL 60439 Oak Brook,IL 60523 #06-35-400-028 36 Breakenridge Farm #06-35-400-031 94 Breakenridge Farm #06-35-106-003 803 Deer Trail Lane First Bank of Oak Park Chicago Title#1086840 Mr.&Mrs.George&Virginia Hlavac 36 Breakenridge Farm P.O.Box One 803 Deer Trail Lane Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523 #06-35-106-004 801 Deer Trail Lane #06-35-107-001 701 Deer Trail Lane #06-35-107-002 703 Deer Trail Lane Jeannie C.Su Trust Mr.&Mrs.Thomas&Lisa Cox Rajan&Mintu Sharma 801 Deer Trail Lane 701 Deer Trail Lane 703 Deer Trail Lane Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523 #06-35-107-003 705 Deer Trail Lane #06-35-107-004 707 Deer Trail Lane #06-35-100-008 3100 St.Paschal Dr. Athimoolam Naidu Trust Mr.Ronald B.Ferrin Forest Preserve District DuPage 705 Deer Trail Lane 2215 York Rd.#209 Land Preservation/Karen Zilly Oak Brook,IL 60523 Oak Brook,IL 60523 P.O.Box 5000 Wheaton,IL 60189 #06-35-100-009 3400 St.Paschal Dr. #06-35-300-003 Rte 83&35� St. #06-35-303-002 900 Oakmont Ln Forest Preserve District DuPage D&B Investments Sun Life Assurance Land Presrvation/Karen Zilly 999 Oakmont Plaza Dr.#130 1 Sun Life Executive P.O.Box 5000 Oak Brook,IL 60523 Wellesley Hills,MA 02481 Wheaton,IL 60189 I #06-35-303-006 1010 Executive Ct. #06-35-303-007 100 8 Quail Ridge #06-35-303-008 100 8 Quail Ridge Quail Ridge Dr.Investors Executive Court,LLC 242 Trumbull St. Quaff Ridge Dr.Investors P.O.Box Hartford CT 06103-1205 P.O.Box 130156 , Carlsbad,CA 92013 Carlsbad,CA 92013 #06-35-305-002 Pasquinelli Dr. #06-35-305-003 999 Oakmont Ctr #06-35-400-029 82 Breakenridge Christopher J.Pappas Sun Life Assurance Co. Alex&Sheila McClement 645 Heights Blvd 1 Sun Life Executive P.O.Box 4761 Houston,TX 77007-2523 Wellesley Hills,MA 02481 Oak Brook,IL 60523 #06-35-404-004 44 Breakenridge Farm #06-35-104-005 806 Deer Trail Lane #06-35-104-007 802 Deer Trail Lane Mr.&Mrs.Douglas&Dorothy Vanera Isabelo Bungcayao Trust Barry P.Donal Jr. 44 Breakenridge Farm 806 Deer Trail Lane 802 Deer Trail Lane Oak Brook,II,60523 Oak.Brook,IL 60523 Oak Brook,IL 60523 #06-35-104-008 116 Indian Trail Rd #06-35-105-006 702 Deer Trail Lane #06-35-105-009 119 Indian Trail Lane Azizur R.Arain Heritage Standard Bank Trust#9793 Mr.&Mrs.Edward&Rosemary Cox 116 Indian Trail Rd 702 Deer Trail Lane 119 Indian Trail Lane Oak Brook,IL 60523 Oak Brook,IL 6023 Oak Brook,IL 60523 #06-35-106-001 807 Deer Trail Lane #06-35-106-002 100 Indian Trail Rd. #06-35-104-006 5100 Main St. Oak Brook Bank Trust#2379 Hunter Trails Kovacevic Trust#2078 807 Deer Trail Lane 211 W.Chicago Ave.#10 135 S.LaSalle St. Ste 2500 Oak Brook,IL 60523 Hinsdale,IL 60521-3308 Chicago,IL 60603-4111 Z • Certification i Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. 'Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. B TTWOOD CREEK, LLC BR , TWOOD CREEK, LLC Printed ; '1 Printed N PPIi ... I 5/17/07 '` 5/17/07 Signature of n Date ignature of Opli nt —Date--- 41" 1 f J.py. f '.i' ! ! p q f S 1f .r "4efrF Y#i 'b ,k'tl+f. . flfv S:.'7 fV 0a FFI �1 'i# fiYu; ; y BRITTWOOD CREEK, LLC LAURA ANIBALLI 630-887-9035 Print Name/Company Contact Person Contact Phone 900 OAKMONT LANE, SUITE 110 WESTMONT, IL 60559 630-887-9666 Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING Packet-5/1/2007 �� S ct Property Vedfica n omplete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): SEE ATTACHED EXHIBIT WITH P.I.N. (S) 2. Common Address: 35th Street and Route 83, Oak Brook, Illinois 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolaneka-oak-brook.org The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Andrea Robert Date called:`' 'May 11, 2007 I verify that the information provided above is accurate. Laura P. Aniballi ��G,�.� -c Printed Name Signature Date: May 11, 2007 Relationship to Applicant: Account Executive __......_._............__.._.__............_ _ __. _ __..__ ___ ...... ..... _.._.... ...._......_ ......_._ ........... _......... v z PUBLIC NEARING Packet-6/1/2007 VILLAGE OF OAK BROOK LEGAL DESCRIPTION PARCEL 1: THE NORTHEAST 114 OF THE 1/4 OF SECTION 35 (EXCEPT THE EASTERLY Y 450.0 FEET OF THE NORTI3ERL.Y 500 FEET THEREOF AND ALSO EXCEPT THAT PART OF PARCEL 1 DESCRIBED AS FOLLOWS: Cohoa LACING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35;THENCE NORTH 01 DEGREES 09 NTINUPES 00 SECONDS WEST ALONG THE EAST LINE- OF SAID SOUTHWEST QUARTER, A DISTANCE OF 170AI FEET; THENCE SOUTH 46 DEGREES 16 MINUTES 30 SECONDS WEST, A DISTANCE OF 240.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 12 MDRITES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE,A DISTANCE OF 170AI 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 TILE SOUTEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRI NCTPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 35;THENC E 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 114 OF SECTION 35;TTIENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4. A DISTANCE OF 930.I8 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE CENTER OF A CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF-RECORDED AS DOCUMENT NO903280; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1, BEING ALSO THE OF A CREEK, THE FOLLOWING 8 COURSES AND DISTANCES: 1)THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE OF 21.77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MR41MS 30 SECONDS EAST, A DISTANCE OF 78.66 FEET; 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 41.82 FEET; 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE OF 110.97 FEET; 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE OF 35.71 FEET; 6) THENCE SOUTH 19'DEGREES 40 M MUTES WEST,A DISTANCE OF 25.79 FEET;7)THENCE SOUTH 25 DEGREES 41 M NUTES EAST,A DISTANCE OF 47.97 FEET;8)THENCE SOUTH 22 DEGREES 35 MINIMS 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 CENIERLIWE OF A CREEK,THE FOLLOWING SEVEN COURSES AND DISTANCES: 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49.80 FEET; 2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST,A DISTANCE OF 38.3 FEET;3)THENCE SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 519 FEET; 4) THENCE SOUTH 19 DEGREES 13 MINUTES WEST,A DISTANCE OF 4625 FEET;5)THENCE SOUTH 57 DEGREES 57 MINUTES EAST,A DISTANCE OF 50.2 FEET; 6)THENCE SOUTH 02 DEGREES 41 AM4UUTES EAST,A DISTANCE OF 50.6 FEET; 7) THENCE SOUTHEASTERLY 47.0 FEET TO TEE SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE NOTHEASTTRLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 866-34631; THENCE SOUTH 69 DEGREES 05 MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1;THENCE SOUTH 24 DEGREES 22 MINUTES 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 Page 2 of 2 601838; THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 3872 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE SOUTH 76 DEGAS 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146.0 FEET; THENCE SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1,A DISTANCE OF 139.2 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 TEE THIRD PRINCIPAL MERIDIAN WHICH LIES SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF 1LU NOIS ROUTE 83, (EXCEPT THAT PART THEREOF FALU NG IN FPD/BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003-121963) ALL IN DUPAGE COUNTY,1111 LAOIS. I 1126 BRIDGEVIEW BANK GROUP BRITTWOOD CREEK, LLC BRIDGEVIEW,ILLINOIS 60455 900 OAKMONT LANE,SUITE 110 70-2356-719 WESTMONT,IL 60559 DATE 5/17/07 AMOUNT $750.00 0 PAY SEVEN HUNDRED FIFTY DOLLARS & 00/100.. . ...... . . ..... ............... ....... ............ 9 TO THE - F nFir)rR 1127 BRIDGEVIEW BANK GROUP BRITTWOOD CREEK, LLC BRIDGEVIEW,ILLINOIS 60455 900 OAKMONT LANE,SUITE 110 70-2356-719 WESTMONT,IL 60559 DATE 5/17/07 AMOUNT 0 $100.00 16 0 PAY ONE HUNDRED DOLLARS & 00/100.............. . ................ ........... .. .......... TO THE ORDER r OF VILLAGE OF OAK BROOK N i; I CHECK $ CHECKS $ CASH INV# DATE NAME G.L.ACCOUNT# DESCRIPTION 1 NUMBER INVALID A VILLAGE OF OAK BROOK S GINATTURE o, DEPARTMENT OF COMMUNITY DEVELOPMENT B 15563 0 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS i ii • I I v f 'R 1 t I � .��t; �. + yt ;4 :;_ � - ,�; �.,trr J .�)aT, �m 1. }..}I _x1, a ',�u �yvl:, 1 ,' i1 ,!{i �. 1 ,•-3`•r. ,. „ ,.stti i ,,r , ��,n..°'r. _`.�� i� s. Y,: ,+ 3.'-, ,� ..ti,41 {�r�"' , :�,x i•i°<, F 2• A y #r +..! ,.a z rlila t ,4 t by i�l,�� `� �`a' �-�;l+�j i�� akr �y � /• �§r`+t. � u " � ,gyp .�,.: <4�', '�'�, a �.,�, �'�-'',"�;� + ''� �'• "�,': 'f .{ �� �,��:�, �+ iS, :�.. S „�j sky� „�� �. +s, w, ,,"+�7 s''�- �,a ��.'#� i } '"711 � yy `:S i r �4� ,i Z t •� t..�r� ,�;y+a �;�+ ;a �2. 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COtaMT01 ENGINEERS SCMN MRSURVEV0tS i 126 SOUTH THQtD SfXWr 35701 WEST AVENUE, SUM 150 ffiVBVA,IId IIQOL4 60134 AVARRENVILLE,ELLINOIS 60555 (630)2628689 PHONE(630)393-3060 1 ?AX(630)262 8698 FAX(630)393-2152 OGGASIOWL%0DE TRffS '� 119 E T E a O TRE5°$"AT ArPROXIMATE r T VBJ051va1 RQS(a'- FOR cI.ARIn oo \ Sig AT S TRMS(rMgGAU , EMTING FOREST PIESERVE TREX FENOINO ° TREES ARE NOT SNOWN (0'ABOVE WALU O 4"x4'GALV.POST(W) No ' O Ha t.d to eo .Wall o ° 00 ° •o \ 00 O •e i o 00G-�7�" pO D O ode ' ee / III O °S *"� 1 n I mayM 1 4 1 / o { '{}� Lam rr RotlTe O > S� ! • • e•e 'ge }{ "�7 S°o O O `87 I n 1• i °6° O °S TM 120 BW 124 coN-4mm neoro9® RETAINING WALL POREMIALS,OW GRA55ES RING I.OAO d-124 ♦/-4'TALL AND SN UV."CAU OESION Br OTHERS) VARIES&/-SS-709 1 ROUTE 83 BUFFER DETAIL (PROPOSED PLAN) SCALE: 1/411= 1'-0" EVEIimm was 0'-117 TREES SHOWN AT APPRO:IIMP.TE 51g AT INSTALLAnON POR cl.Awn -� EASnM FOREST PRESERVE rmw-AY TREE 0"%,1) TREES ARE NOT Sllovrl r9 m"A 4 ORR GRmm 1 APO SH•LB5(TOP OF A O WALL rMIOAU e I • e I 1 � e 5111018 BROUPIN89 i 0 i Ir f 1 • e 1 RourE as s � 1 0 O °b O - / s t O B I R I " o I n P=ALVnZT°wOH[Rnuu I FROPOS®RNIG ROAD OONORETE ROB�W710N 1411 RETAINING WALL IWT BLOCK RETAINING WALL PBIBEOALA ORN.ORA55E5 t AT VARI 1 ' VIhE5 BASE OF WALL 9 TALL ME10lfr C9 O-0'-0' IbE51GN BY ZaTIC WALL BT BELOA107 (raqOAj VANES OTFERSI I ./-27'NARIE5) OR BWAU ROUTE 83 BUFFER DETAIL (PREVIOUS PLAN) SCALE: 1/411- 1'-0e1 MAY 9,2007 BRITTWOOD CREEK L.L.C. 900 OAKMONT LANE, SUITE 'I 10 WESTMONT, IL 60559 PREPARED BY:IVES/RYAN GROUP,INC. BRITTWOOD CREEK BUFFER EXHIBITm 'I t ocGASIONAL SHADE TREES 8 FM crown rwsnnG 1 EVERGREEN TREES e O DOUBLE POW(0'-117 FOREST PRESERVE TREE TREES SHOWN AT APPROXIMATE a (EEVIlro)ARE NOT S IM SIB AT INSTALLATION D'TREX FEIAGIN6 e (DEHIND) 1P a it e O • �� i roP OP eewl I 1 5 TOP OP WALL(MAGIC SIDE OF 919W(ARC .ftlrl t(rHn •1Ar wo. 1044-rf- ..gyp L Widd d.—-nAr DEG.1 EVERBN.%mm,PERENNIALS, t ORNAMM&SRASM"CAU ROUTE 83 BUFFER ELEVATION (PROPOSED PLAN) LOOKING WEST TOWARDS ROUTE 83 SCALE: 11411= 1 1-011 oGGAS1aNAL SHADE TRE ES ES%10141%10141 At APPROXIMATE TREES SIZE AT INSTALLATION 8 EVERGREEH TREES DOUBLE ROW(E'-117 O • - •~ 51. th WALL PGLLOWS BRADS TREX FENGIN6 FoR GLAIUn (D'ABOVE WALU EXISTING FOREST PRESERVE TREES ARE NOT SFIOYN ROUTE 83 BUFFER ELEVATION (PROPOSED PLAN) LOOKING EAST TOWARDS SITE SCALE: 11411= 11-011 MAY 9,2007 BRITTWOOD CREEK L.L.C. 900 OAKMONT LANE, SUITE 1 10 WESTMONT, IL 60559 PREPARED BY:IYEs/RYAN GROuP,1NC. BRITTWOOD CREEK BUFFER EXHIBiTow2 Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brittwood Creek Sbdvsn (S E Corner Rt 83 & 35`h St, Oak Brook, IL 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06-35-301-016 Page 2 of 5 Creek Homeowner's Association, or such other homeowner's association as may be established to govern the Property, shall purchase, plant, and maintain in healthy condition, according to best horticultural practices, ivy -type vegetation that would grow along the exterior portions of the fence facing Route 83 Section 6: Prior to the issuance of any building permit for installation of any portion of the fence, the Applicant shall have received approval of the Village Engineer of a final engineering plan in accordance with all applicable laws and regulations Section 7: The Property shall comply at all times with all applicable federal, state and Village statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire prevention codes Notwithstanding the exhibits contained in the case file, the Property shall be in compliance with all Village ordinance requirements in the building permit process except as specifically varied or waived Section 8. This Ordinance is limited and restricted to the Property, as legally described in Exhibit A Section 9* All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 10 Upon failure or refusal of the Applicant or any of its officers, employees, or agents, to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the Village, by ordinance duly adopted, be revoked and become null and void. Section 11: The privileges, obligations and provisions of each and every section of this Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless otherwise explicitly set forth in this Ordinance Section 12: Nothing in this Ordinance shall create, or shall be construed or interpreted to create, any third party beneficiary rights Section 13. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 14th day of August, 2007. Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brittwood Creek Sbdvsn (S E Corner Rt 83 & 35`h St, Oak Brook, IL 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06 -35- 301 -016) Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION 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 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 170 41 FEET, THENCE SOUTH 46 DEGREES 16 MINUTES 30 SECONDS WEST, A DISTANCE OF 240 47 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 114 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 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) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE OF 21 77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE OF 78 66 FEET, 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 41 82 FEET, 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE OF 110 97 FEET, 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE OF 35 71 FEET, 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25 79 FEET, 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47 97 FEET, 8) THENCE SOUTH 22 DEGREES 35 MINUTES 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) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49 80 FEET, 2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38 3 FEET, 3) THENCE SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51 9 FEET, 4) THENCE SOUTH 19 DEGREES 13 MINUTES WEST, A DISTANCE OF 46 25 FEET, 5) THENCE SOUTH 57 DEGREES 57 MINUTES EAST, A DISTANCE OF 50 2 FEET, 6) THENCE SOUTH 02 DEGREES 41 MINUTES EAST, A DISTANCE OF 50 6 FEET, 7) THENCE SOUTHEASTERLY 47 0 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 Ordinance 2007- ZO- SD -V -S -1201 Granting Fence Var Brittwood Creek Sbdvsn (S E Corner Rt 83 & 35th St, Oak Brook, IL 60523 - (06 -35- 301 -014, 06 -35- 301 -015, 06 -35- 301 -016) Page 5 of 5 THEREOF RECORDED AS DOCUMENT NO R66- 34631, THENCE SOUTH 69 DEGREES 05 MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE OF 116 45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, THENCE SOUTH 24 DEGREES 22 MINUTES 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 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 387 2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT, THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 0 FEET, THENCE SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN AS LOT 1, A DISTANCE OF 139 2 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 FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003- 121963) ALL IN DU PAGE COUNTY, ILLINOIS