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S-1086 - 10/26/2004 - ZONING - OrdinancesJ.P. "RICK" CARNEY OUPFGE C011lITY gECOXpFN XOV.17.2004 3:47 PM OTHER O6 -Z5 -101 -001 009 PAGES R2004- 293143 (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 2004- ZO- V -EX1- S -1086 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9 ( "STORM WATER FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler National Golf Club - 2616 York Road, West of York, South of 22" Street, East of Jorie Boulevard, _Oak Brook, IL 60523 (170 acres) P.I.N. #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) Property Address /es: 2616 YORK ROAD, WEST OF YORK, SOUTH OF 22ND STREET, EAST OF JORIE BOULEVARD, OAK BROOK, IL 60523 (170 ACRES) (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018 Name & Address of Applicant BUTLER NATIONAL GOLF CLUB, ATTENTION: MIKE SAULS, 2616 YORK ROAD OAK BROOK IL 60523 Name & Address of Responsible BUTLER NATIONAL GOLF CLUB, ATTENTION. MIKE SAULS Partv to Receive Recorded 2616 YORK ROAD Copy of Document and Billing: OAK BROOK, IL 6052 G/L Account # to be Charged 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): N/A G/L Account # to be Charged ORDINANCE 2004-ZO-V- EX 1 -S- 10 8 6 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9 ( "STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler National Golf Club — 2616 York Road, West of York, South of 22nd Street, East of Jone Boulevard, Oak Brook, IL 60523 (170 acres) P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Storm Water Floodplain, and Sedimentation and Erosion Control Regulations ( "Storm Water Regulations ") for the Village of Oak Brook in Title 9 of the Village Code, and WHEREAS, Section 9- 12 -1of the Village Code sets forth the authority and standards of the granting of variations to the Storm Water Regulations, and WHEREAS, Mike Sauls (Petitioner) is the owner of certain property legally described in Exhibit "A ", attached hereto and made a part hereof WHEREAS, the Subject Property is located within the regulatory floodway portion of the regulatory floodplain, and WHEREAS, a golf course is not listed as an appropriate use in the floodway in Section 9 -6 -3 -V of the Village Code, WHEREAS, the Petitioner has submitted a petition for a variation to allow the relocation of bunkers and tee boxes within the floodway of Salt Creek, and WHEREAS, on October 5, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals found that the petitioner addressed the factors as required for approval of a variation to Title 9 by providing specific testimony as follows • Granting the variation would not alter the essential character of the area involved, including existing stream uses • Carrying out the strict letter of the provisions of this title would create an undue or particular hardship or difficulty on this owner • The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development Ordinance 2004- ZO- V- EX1 -S- 1086 Granting Variation from Sec 9 -6 -3 -V Page 2 of 3 (Butler National Golf Club — 2616 York Road) (06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) • This applicant's circumstances are unique and do not represent a general condition or problem • The subject development is exceptional as compared to other developments subject to the same provision • A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation subject to the conditions stated in Section 2 of this ordinance, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 9 -12 -1 of the Village Code relating to the granting of variations to the Storm Water Regulations have been met 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 recitals hereto are incorporated as part of this ordinance SECTION 2 A variation to Section 9 -6 -3 -V of the Storm Water Regulations of the Oak Brook Village Code is hereby granted to permit the relocation of existing bunkers and tee boxes within the floodway of Salt Creek subject to the following conditions 1 The development shall be in substantial conformance with the plans prepared by Christopher B Burke Engineering, Ltd as revised in September 2004 and submitted as Exhibit Books C and D in the case file 2 Final Engineering approval SECTION 3 This Ordinance is limited and restricted to the property commonly known as Butler National Golf Club — 2616 York Road, Oak Brook, Illinois, P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06- 25- 101 -002, 06 -25- 300 -018 SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ayes Nays Ordinance 2004- ZO- V -EX1 -S -1086 Granting Variation from Sec 9 -6 -3 -V Page 3 of 3 (Butler National Golf Club — 2616 York Road) (06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018) APPROVED THIS 26th day of October, 2004 KeVI Quinlan I K�71-Zt,' Vl ge President PASSED THIS 26th day of October, 2004 W Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None Absent N 4 � !V • • ri :'�.. �i. t >r` 4aY� fir`.: FV G L` � ! �`/,�*ti � 'fir;' e•` /� ATTEST � C Linda K Gonnella, CMC Village Clerk 10 i -111�1 LEGAL DESCRIPTION OF BUTLER NATIONAL GOLF CLUB PARCEL "A" Those parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal Meridian and parts of Lots 1, 2, 6, 8 and 16 in the plat of lands of F O. and J.F Butler, DuPage County, Illinois as per plat thereof, recorded February 13, 1912 as Document No. 107037, described as follows: Commencing at the center of said Section 25, thence South 89 degrees 44 minutes 33 seconds West along the South line of the Northwest quarter of said Section 25, a distance of 937.89 feet; thence South of 0 degrees 15 minutes 27 seconds East at right angles to last described line a distance of 51.80 feet; thence South of 89 degrees 44 minutes 33 seconds West Parallel with the North line of the Southwest quarter of said Section 25, a distance of 790 62 feet to the place of beginning; thence continuing South 89 degrees 44 minutes 33 seconds West along said parallel line a distance of 898.31 feet, more or less, to point on the West line of the Southwest quarter of said Section 25, said point being 51.80 feet South 0 degrees of 05 minutes 55 seconds East of the West quarter corner of said Section 25; thence South 89 degrees 28 minutes 02 seconds West, parallel with the North line of the South east quarter of said Section 26, a distance of 570.75 feet to the center thread of Salt Creek; thence Southerly along the center thread of Salt Creek the following eight courses and distances (1) South 7 degrees 27 minutes 27 seconds East a distance of 59 91 feet; (2) thence South 22 degrees 59 minutes 47 seconds West a distance of 402.00 feet; (3) thence South 9 degrees 18 minutes 58 seconds West, a distance of 100.98 feet; (4) thence South 1 degree 41 minutes 03 seconds East a distance of 92.01 feet; (5) thence South 5 degrees 43 minutes 56 seconds East, a distance of 102.84 feet; (6) thence South 12 degrees 54 minutes 23 seconds West, a distance of 200.81 feet; (7) thence South 18 degrees 31 minutes 18 seconds West, a distance of 101.79 feet; (8) thence South 30 degrees 37 minutes 59 seconds West, a distance of 164.77 feet; thence North 31 degrees 30 minutes 21 seconds West, a distance of 283.68 feet; thence North 36 degrees 03 minutes 11 seconds West, a distance of 23.38 feet, thence North 48 degrees 25 minutes 50 seconds, a distance of 17.80 feet; thence North 60 degrees 14 minutes 11 seconds West, a distance of 18.21 feet; thence North 76 degrees 19 minutes 55 seconds West, a distance of 22.69 feet; thence North 55 degrees 22 minutes 48 seconds West, a distance of 99 73 feet; thence North 37 degrees 43 minutes 26 seconds West, a distance of 97.09 feet; thence North 53 degrees 55 minutes 52 seconds West, a distance of 658.29 feet, thence North 67 degrees 57 minutes 55 seconds West, a distance of 452 22 feet, more or less, to a point on the East line of Lot 3 in Oak Brook Investment Company Assessment Plat No. 3, as per plat thereof, recorded July 23, 1964 as Document No. R64- 26333, said point being 243.64 feet South 27 degrees 50 minutes 10 seconds East of the Northeast corner of said Lot 3; thence Northerly and Westerly, along the East lines of Lots 2 and 3 in Oak and Westerly, along the East lines of Lots 2 and 3 in Oak Brook Investment Company Assessment Plat No. 3, the following three (3) courses and distances: (1) North 27 degrees 50 minutes 10 seconds West, a distance of 243.64 feet to the Northeast corner of Lot 3; (2) thence North 27 degrees 50 minutes 10 seconds West, a distance of 430.63 feet (430 71 feet recorded); (3) thence North 0 degrees 02 minutes 00 seconds East, a distance of 803.24 feet, more or less, to a point on the South line of Jorie Boulevard as dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof recorded October 14, 1970 as Document No R70- 37311, and vacated per plat of vacation recorded April 28, 1972, Document No. R72- 21725, which point is 76 69 feet, arc - measure, along said Southerly line, Northeasterly of the Southwest corner of said Jone Boulevard; thence North and East along the Southerly line of Jorie Boulevard as dedicated per Document No. R70- 37311, the following three courses, curves, and distances; (1) Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of North 67 degrees 39 minutes 01 second East and a length of 358.74 feet, an arc - distance of 367.91 feet to a point of tangency; (2) thence North 89 degrees 53 minutes 10 seconds East, a distance of, 1647 75 feet to a point of curvature; (3) thence Northeasterly along an arc of a circle being convex to the Southeast, having a radius of 574 feet, the chord thereof, having a bearing of North 59 degrees 03 minutes 46 seconds East and a length of 588.23 feet, and arc - distance of 617.59 feet; thence South 77 degrees 30 minutes 42 seconds East, a distance of 254 41 feet; thence North 68 degrees 11 minutes 47 seconds East, a distance of 289.97 feet, thence South 61 degrees 53 minutes 15 seconds East, a distance of 783.73 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen courses and distances: (1) North 21 degrees 03 minutes 27 seconds East, a distance of 101 36 feet; (2) thence North 19 degrees 48 minutes 47 seconds West, a distance of 35.24 feet; (3) thence North 72 degrees 33 minutes 30 seconds West, a distance of 85.60 feet; (4) thence North 25 degrees 59 minutes 25 seconds West, a distance of 33 40 feet; (5) thence North 20 degrees 34 minutes 40 seconds East, a distance of 38.34 feet, (6) thence North 47 degrees 49 minutes 29 seconds East, a distance of 21 06 feet; (7) thence North 75 degrees 04 minutes 19 seconds East, a distance of 41.77 feet; (8) thence South 62 degrees 24 minutes 06 seconds East, a distance of 143.64 feet, (9) thence South 52 degrees 51 minutes 32 seconds East, a distance of 75.26 feet; (10) thence South 10 degrees 18 minutes 20 seconds East, a distance of 37.78 feet; (11) thence South 44 degrees 37 minutes 42 seconds East, a distance of 54.08 feet; (12) thence South 33 degrees 05 minutes 26 seconds East, a distance of 95.57 feet; (13) thence South 6 degrees 55 minutes 35 seconds East, a distance of 56.01 feet; (14) thence South 30 degrees 07 minutes 42 seconds West, a distance of 50.73 feet; (15) thence South 60 degrees 56 minutes 59 seconds West, a distance of 65 64 feet; (16) thence South 25 degrees 13 minutes 17 seconds West, a distance of 100.92 feet, (17) thence South 16 degrees 22 minutes 23 seconds West, a distance of 60.82 feet, thence South 54 degrees 58 minutes 35 seconds East, a distance of 401.35 feet; thence South 17 degrees 53 minutes 13 seconds East, a distance of 340 40 feet; thence South 50 degrees 20 minutes 30 seconds East, a distance of 125.30 feet to a point of curvature; thence Southerly along an arc of a circle, being convex to the Northeast, having a radius of 210 feet, the chord thereof, having a bearing of South 17 degrees 16 minutes 36 seconds East and a length of 229.15 feet, an arc - distance of 242.38 feet to a point of tangency; thence South 15 degrees 47 minutes 18 seconds West, a distance of 56.90 feet, more or less, to a point which is 69 89 feet North 15 degrees 47 minutes 18 seconds East of a point on the South line of the Northwest quarter of said Section 25, which point is 729 61 feet South 89 degrees 44 minutes 33 seconds West, of the center of said Section 25; thence South 87 degrees 00 minutes 00 seconds West, a distance of 84 71 feet to a point of curvature; thence Westerly along an arc of a circle, being convex to the South, having a radius of 600 feet, the chord thereof having a bearing of North 87 degrees 26 minutes 18 seconds West and a length of 116 30 feet, an arc - distance of 116 48 feet to a point of tangency, thence North 81 degrees 52 minutes 36 seconds West, a distance of 58.67 feet to a point of curvature; thence Northwesterly along an arc of a circle, being convex to the Southwest, having a radius of 30 feet, the chord thereof having a bearing of north 62 degrees 06 minutes 14 seconds West and a length of 20.30 feet, an arc- distance of 20.71 feet to a point of reversed curvature; thence Northwesterly along an arc of a circle being convex to the Northeast having a radius of 30 feet, the chord thereof having a bearing of North 69 degrees 02 minutes 37 seconds West, and a length of 26 97 feet, an arc - distance of 27.97 feet to a point of tangency; thence South 84 degrees 14 minutes 37 seconds West, a distance of 139 23 feet; thence South 38 degrees 47 minutes 05 seconds West a distance of 17.46 feet, thence South 67 degrees 40 minutes 42 seconds West, a distance of 30.35 feet; thence South 51 degrees 54 minutes 11 seconds West, a distance of 47.12 feet; thence South 80 degrees 31 minutes 54 seconds West, a distance of 507.98, more or less, the place of beginning; "PARCEL B ". Those parts of Lots 1,2 and 3 in Oak Brook Investment Company Assessment Plat No. 3, aforesaid, described as follows: Beginning at the Northeast corner of said Lot 3, thence North 27 degrees 50 minutes 10 seconds West, along the East line of said Lot 2, a distance of 430.63 feet (recorded 430.70 feet) to an angle point in the East line of said Lot 2; thence North 0 degrees 02 minutes 00 seconds East along the East line of Lot 2, a distance of 803.24 feet, more or less, to a point on the South line of Jorie Boulevard as dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof recorded October 14, 1970 as Document No. R70- 37311, and vacated per plat of vacation recorded April 28, 1972, Document No. R72- 21725, said point being 76.69 feet arc - measure along said Southerly line, Northeasterly of the Southwest corner of said Jorie Boulevard; thence Southwesterly along the Southerly line of said vacated Jorie Boulevard, being also an arc of a circle, convex _to the Northwest, having a radius of 474 feet, the chord thereof, having a bearing of South 40 degrees 46 minutes 46 seconds West, and a length of 76.60 feet, an arc - distance of 76.69 feet to the most Southerly corner of vacated Jorie Boulevard aforesaid, thence North 0 degrees 02 minutes 00 seconds East along the West line and the West line extended North of said vacated Jorie Boulevard, a distance of 188.23 feet to the Southerly line of Jone Boulevard, as dedicated in Corporate Plaza Subdivision Unit Two, as per plat thereof, recorded August 10, 1972 as Document No. R72- 46895; thence South and West along the Southerly and easterly lines of Jorie Boulevard as dedicated per Document No. R72- 46895. The following two (2) curves, courses, and distances: (1) Southwesterly along an arc of a circle, being convex to the Northwest, having a radius of 330.82 feet, the chord thereof, having a bearing of South 39 degrees 41 minutes 19 seconds West and a length of 423.47 feet, an arc - distance of 459.54 feet to a point of tangency; (2) thence South 0 degrees 06 minutes 20 seconds East a distance of 868 86 feet; thence South 56 degrees 34 minutes 26 seconds East, a distance of 424.59 feet, thence South 70 degrees 23 minutes 58 seconds East, a distance of 256 19 feet, thence South 67 degrees 57 minutes 55 seconds East, a distance of 40.38 feet, more or less, to a point in the Easterly line of said Lot 3, which point is 243.64 feet South 27 degrees 50 minutes 10 seconds East of the Northeast corner of said Lot 3; thence North 27 degrees 50 minutes 10 seconds West, a distance of 243 64 feet to the place of beginning; And also- PARCEL "C ": Lot 2 in Oak Brook Development Company's Jone Boulevard Resubdivision of Lot 6, in Corporate Plaza Subdivision Unit One, being a Subdivision of parts of Sections 25 and 26, aforesaid, as per plat of said Resubdivision recorded April 25, 1972, as Document No. R72- 21079; And Also PARCEL "D" That part of Jorie Boulevard is dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof, recorded October 14, 1970 as Document No. R70- 37311, and vacated per Plat of Vacation recorded April 28, 1972, Document No. R72- 21725, all in DuPage County, Illinois SAID PARCELS "A ", "B ", "C ", "D" HEREINABOVE DESCRIBED, taken as a tract, being bounded westerly and northerly by, and adjoining, the existing Easterly and Southerly right -of -way lines of Jorie Boulevard as dedicated per Document Number R73 -30748 in the Recorder's Office of DuPage County. Illinois; as dedicated per Corporate Plaza Subdivision Unit Two, being a Subdivision recorded as Document Number R72 -46895 in the Recorder's Office of DuPage County, Illinois; and as dedicated per Corporate Plaza Subdivision Unit One, being a subdivision recorded as Document Number 70 -37311 in the Recorder's Office of DuPage County, Illinois; and as vacated per document number R72 -21725 in the Recorder's Office of DuPage County, Illinois; being also bounded Northerly by, and adjoining, 711 Jorie Boulevard Subdivision, being a subdivision recorded as Document Number R78- 109620 in the Recorder's Office of DuPage County, Illinois; being also bounded Northerly, Easterly, and Southerly by, and adjoining, Sports Core Subdivision, being a subdivision recorded as Document Number R79- 278489 in the Recorder's Office of DuPage County, Illinois, and being also bounded southerly by, and adjoining, Butler GHG Subdivision, being a subdivision recorded as Document Number R80- 44966 in the Recorder's Office of DuPage County, Illinois. Said parcels "a ", "b ", "c ", "d" hereinabove described, contain a total of 167.090 acres, more or less. Permanent Parcel # 06 -25- 300 -018; 06 -25- 101 -002, 06 -26- 202 -002; 06 -26- 401 -002 (The area is commonly known as the Butler National Golf Club) • STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, 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 October 26, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004-ZO-V-EX1-S-1086 , AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9-6-3-V OF TITLE 9 ("STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler Nationa1-G61f°�'Club- 2616 York Road, West of York, South of 22nd Street, East of Jorie Boulevard, Oak Brook, IL 60523 (170 acres) P.I.N. #s 06-26-401-002, 06-26-202-002, 06-25-101-002, 06-25-300-018) I DO FURTHER CERTIFY that the original documents, 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 15th day of November , 2004 , ® - a K. onnella, CMC ° age Clerk G •r age of Oak Brook uPage and Cook Counties, IL - t pG� OF OgK�9 O co 9c��ourv1v,�., AGENDA ITEM Regular Board of Trustees Meeting of October 12, 2004 SUBJECT: Butler National Golf Club—2616 York Road—Variation—Title 9-Storm Water, Floodplain and Sedimentation and Erosion Control Regulations—Section 9-6-3V FROM: Robert L. Kallien, Jr., AICP, Community Development Director t_/ BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation of the Zoning Board of Appeals and approve the requested variation and authorize the Village Attorney to draft the necessary ordinance for final consideration at the October 26, 2004 Board of Trustees meeting. Backeround/History: Butler National Golf Club, the owner of the property located at 2616 York Road has submitted a petition seeking approval of a variation to Title 9 - Storm Water, Floodplain and Sedimentation and Erosion Control Regulations of the Village allow the relocation of existing bunkers and tee boxes within the floodway of Salt Creek. Golf courses are not specifically listed as an appropriate use in the floodway. Accordingly, since the proposed improvements are not listed as permitted activities, it was determined that the requested variation was necessary. Recommendation: The Zoning Board of Appeals, by a vote of 5 to 0 have recommended approval of the requested variation in order to permit the relocation and reconstruction of several bunkers and tee boxes that are within the floodway of Salt Creek subject to the following conditions: • The development shall be in substantial conformance with the plans as submitted (see Exhibits Books C and D of the case file). • Final Engineering approval of the Stormwater permit applications. Last saved by GPOLANEK JAI-FROM BOB\Bot-PC-ZBA\BOT-Rec-ButlerNationalGC VAR Title9.doc /07V In making this recommendation, the Zoning Board of Appeals found that the petitioner has addressed the factors as required for approval of a variation to Title 9. In particular, the applicant has provided testimony that: 1. Granting the variation shall not alter the essential character of the area involved, including existing stream uses; and 2. Carrying out the strict letter of the provisions of this title would create an undue or particular hardship or difficulty on a specific developer or owner; and 3. The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; and 4. The applicant's circumstances are unique and do not represent a general condition or problem; and 5. The subject development is exceptional as compared to other development subject to the same provision; and 6. A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area. /� Last saved by GPOLANEK JAI-FROM BOB\Bot-PC-ZBA\liOT-Rec-ButlerNationalGC-VAR Title9.doc qc 6 v 6�OF Oq,f P 6' O y G O A tl, 9CFCOUN1I Village of October 7, 2004 Oak Brook Village President Quinlan and Board of Trustees 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 website 1200 Oak Brook Road www.oak-brook.org Oak Brook, IL 60523 Administration 630.990.3000 SUBJECT: 2616 York Road—Butler National Golf Club—Variation to Title 9— FAX 630.990.0876 Reconstruction of Bunkers and Tee Boxes Community Development Dear President Quinlan and Board of Trustees: 630.990.3045 FAX 630.990.3985 At its meeting on October 5, 2004, the Zoning Board of Appeals reviewed a request Engineering from Butler National Golf Club, the owner of the property located at 2616 York Department Road seeking approval of a variation to Title 9 - Storm Water, Floodplain and 630.990.3010 Sedimentation and Erosion Control Regulations of the Village to allow the FAX 630.990.3985 relocation of existing bunkers and tee boxes within the floodway of Salt Creek. Fire Department Golf courses are not specifically listed as an appropriate use in the floodway. 630.990.3040 Accordingly, since the proposed improvements are not listed as permitted FAX 630.990.2392 activities, it was determined that the requested variation was necessary. Police Department All interested parties were notified of the public hearing. No one spoke in support 630.990.2358 of or in opposition to the proposed variation. FAX 630.990.7484 Public works The Zoning Board of Appeals, by a vote of 5 to 0 recommended approval of the Department requested variation in order to permit the relocation and reconstruction of several 630.990.3044 bunkers and tee boxes that are within the floodway of Salt Creek subject to the FAX 630.472.0223 following conditions: Oak Brook . The development shall be in substantial conformance with the plans as Public Library submitted (see Exhibits Books C and D of the case file). 600 Oak Brook Road • That all comments contained in Village Engineer Durfey's memorandum Oak Brook,IL 60523-2200 dated September 15, 2004 are addressed. 630.990.2222 FAX 630.990.4509 In making this recommendation, the Zoning Board of Appeals found that the petitioner has addressed the factors as required for approval of a variation to Title Oak Brook Sports Core 9. In particular, the applicant has provided testimony that: Bath&Tennis Club 1. Granting the variation shall not alter the essential character of the area 700 Oak Brook Road Oak Brook,IL 60523-4600 involved, including existing stream uses; and 630.990.3020 FAX 630.990.1002 2 Carrying out the strict letter of the provisions of this title would create an Golf Club undue or particular hardship or difficulty on a specific developer or owner; 2606 York Road and Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 October 7, 2004 President Quinlan and Board of Trustees RE: 2616 York Road—Butler National—Variation Page 2 3. The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; and 4. The applicant's circumstances are unique and do not represent a general condition or problem; and 5. The subject development is exceptional as compared to other development subject to the same provision; and 6. A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area. Very truly yours, Champ Day s Chairman Zoning Board of Appeals N N Chairman Davis commented that it 1987 it look a while to clear the water off the course. Mr. Kelsey responded that for those that recall those days, and recall the implementation of the County Stormwater Ordinance that was an issue. Subsequently, the interpretation by the County has been a standing condition where in golf course uses and changes at other courses on Salt Creek were allowed without variances. DuPage County did not see fit in this case to support that viewpoint and asked them to obtain a variance through the Village. It is an allowable use under the state rules which the county has been delegated by the State of Illinois; the County has a more restrictive standard. Chairman Davis said that it is his understanding that no structures are being built it is simply relocating and rebuilding bunkers and tees. Mr. Kelsey said that there are no bridges or building structures, it is simply re-grading within the floodway. Chairman Davis asked that they respond to the standards required for approval of the variation. Mr. Kelsey said that the standards that need to meet are as follows. 1. Subsection K of 9-12-1, that a variance in the floodway would not be less restrictive than the state or federal regulations. In this case those regulations would be the Illinois Department of Natural Resources Office of Water Resources Federal Emergency Management Agency. They are not outside the standards imposed. 2. They need to meet the requirements that there will not be additional expenses outside of Butler National Golf Course. All of the expenses for these impacts in terms of flood protection will be incurred on Butler National Golf property alone. However, the relocation has allowed the Club an opportunity to provide some environmental enhancements with some of the water features on the course and to eliminate some existing minor erosion problems, so it will be an environmental improvement. Additionally, there will be significant new landscape plants to enhance the play of the course. 3. The flood elevations will not be changed off site, either upstream or downstream as a result of this project. This is the key provision to everyone when you look at whether or not any impacts should be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 17 October 5, 2004 w � N h granted in the floodway is whether there will be any impacts upstream or downstream from the site. They will all be incurred within the site. DuPage County rules and Village rules require that they do compensation within the same hydraulic cross-section of the Creek. They have been able to accommodate that condition; the hydraulic impacts are truly minor. 4. In every way they are in compliance with Title 9. 5. They have gone through a technical review with the Village's consultant, Earth Tech and have satisfied their concerns as well as the Village Engineer's concerns. Chairman Davis noted that they have addressed the standards in Book C, Tab 6 on pages 4 or 5. No one in the audience spoke in support or in opposition to the request. Mr. Kelsey said that this matter has been approved by the Stormwater Committee at the County. Member Ascher said that after the 100 year flood there was remediation effort through the County and to store the water somewhere and it seems that we do not have as much of problem with flooding. Does this effect what we might see in the future as to the 100-year flood as to how high it might get. Mr. Kelsey responded that the 100-year one hundred year flood plain has been amended as the result of a number of reservoir projects, Wooddale, Elmhurst, Itasca, Chicago, Stone, a number of online reservoirs, the West Wood Creek Reservoir and the West Busse Wood Reservoir is being modified after 15 years of discussion. That lowers the peak of the major flood event, but it prolongs the time that there is flooding within the flood plain area at lower elevations to below the 10 year event. What we see are lower peaks, but more prolonged flood events. The damage comes to many environmental conditions and particularly turf when it is submerged for long periods of time. So moving tees out of the 100 year floodway allows them to remain in better shape during the flood event. Those projects have had a significant impact. One of the intended consequences to reduce flood damage is to have a flood that lasts for a longer period of time; smaller floods are more prolonged as detention basins release at a slower rate. Mr. Kelsey addressed the comments in Village Engineer Durfey's memorandum. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 17 October 5, 2004 //V+,61 N Chairman Davis said that it appears that the standards have been met in writing and in testimony by the petitioner for the grant of the variation. Member Sanford motioned, seconded by Member Young to recommend approval of the variation to Title 9 as requested, subject to the following conditions: 1. The development shall be constructed in substantial conformance with the plans as submitted in Books labeled C and D as part of the case file. 2. Address all comments set forth in Village Engineer Durfey's memorandums. ROLL CALL VOTE: Ayes: 5 —Members Ascher, Sanford, Shah, Young and Chairman Davis Nays: 0— Absent: 1 —Member Mueller. Motion Carried. 5. C. VILLAGE OF OAK BROOK — TEXT AMENDMENT TITLE 13 — ZONING ORDINANCE — CHAPTER 14 — ADMIINISTRATION AND ENFORCEMENT — AN AMENDMENT TO THE NOTIFICATION REQUIREMENTS Director of Community Development Kallien said that on September 20, 2004 the Plan Commission recommended to concur with the staff report recommendation to enhance our public notification requirements. At the present time our notification procedures are completely within the guidelines of the state statutes. A public notice is placed in a newspaper of general circulation within the community summarizing the request and the date, time and location of the public hearing within 15 days of the hearing. Not everyone reads the newspaper so all property owners within 250 feet of the subject property receive a letter summarizing the request and the date, time and location of the public hearing. The names are obtained directly from the Assessor's office. There are times that people have taken exception that they have received one. We felt that there was a need to take a final step to ensure public awareness of public hearings. Most communities in the region employ the standard of requiring that a temporary sign be placed on the property stating that it is the subject of a public hearing. If someone does not read it in the newspaper, or receive a notice, and they live in the area, they will probably drive past it. The sign is meant to get your attention and basically get the public to call the Village. If someone is not reached by one of those mechanisms at least the Village has done its best in its notification efforts. As a courtesy, we also VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 17 October 5, 2004 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: September 28, 2004 FILE NOS: 2004-021-SW-VAR DESCRIPTION: Variation to Title 9— Storm Water, Floodplain and Sedimentation and Erosion Control Regulations PETITIONER: Butler National Golf Club 2616 York Road Oak Brook, IL 60523 LOCATION: 2616 York Road, West of York, South of 22°a Street, East of Jorie Blvd. ACREAGE: 170 acres EXISTING ZONING/USE: R-1 Single-Family Detached Residence District, presently improved with a golf course and related amenities. ZONINGIUSE OF SURROUNDING PROPERTY: North: ORA-1, Office-Research-Assembly District, Office buildings. South: CR, Conservation/Recreation District, Open Space Use — Village of Oak Brook Sports Core. East: CR, Conservation/Recreation District, Golf Course—Village of Oak Brook. West: ORA-1, Office-Research-Assembly District, Office buildings. DISCUSSION: Butler National Golf Club,the owner of the golf course and related amenities located at 2616 York Road has requested approval of a variation to Title 9 - Storm Water,Floodplain and Sedimentation and Erosion Control Regulations of the Village Code to permit course improvements. Particularly, as part of the club's fairway and bunker reconstruction project, Butler National seeks to relocate several existing bunkers and tee boxes that are located within the floodway of Salt Creek. Golf courses are not specifically listed as an appropriate use in the floodway. Also, since the proposed improvements are not listed as permitted activities, the variation is necessary. Please see Village Engineer Durfey's comments on the proposed variation in his memorandum dated September 9 and September 15, 2004 included in the case file. Ask STAFF REPORT—STORMWATER VARIATION BUTLER NATIONAL GOLF CLUB—2616 YORK ROAD CASE No.2004-021-SW-VAR RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to hold the required public hearing and make a recommendation on the request for a variation to Title 9 of the Village Code. Please include in your consideration, your findings with respect to the standards specified in the Village Code for a Variation to Title 9 which are listed in the following: 1. Granting the variation shall not alter the essential character of the area involved, including existing stream uses; and 2. Carrying out the strict letter of the provisions of this title would create an undue or particular hardship or difficulty on a specific developer or owner; and 3. The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; and 4. The applicant's circumstances are unique and do not represent a general condition or problem; and 5. The subject development is exceptional as compared to other development subject to the same provision; and 6. A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area. CONCLUSION: If it is your opinion that the applicant has satisfied the applicable requirements for a Variation, a recommendation would be in order to approve this request. The following conditions might be appropriate for inclusion in a recommendation: 1. The development shall be in substantial conformance with the plans as submitted. 2. Address the comments contained in Village Engineer Durfey's memorandum dated September 15, 2004 included in the case file regarding the Variation. 3. Any other conditions deemed appropriate by the Zoning Board of Appeals. Respectfully Submitted, Robert . Kallien J ., AI Director of Co tn7llment 2 d av 90 e e O h G O '���ouxTy •���` VILLAGE OF OAK BROOK Interoffice Memorandum DATE: September 15, 2004 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engineer ` , SUBJECT: Stormwater Variation—Non-Appropriate Use Butler National Golf Club—Fairway&Bunker Reconstruction Project 2616 York Road I have reviewed the application and offer the following comments: 1. Butler National Golf Club was constructed in 1974 and is approximately 170 acres, 55 acres of which, or 32%, are located in the Salt Creek floodway. The floodway portion of the floodplain is regulated more stringently than the rest of the floodplain. 2. As part of Butler's Fairway and Bunker Reconstruction Project, Butler seeks to relocate some existing bunkers and tees that are located within the floodway of Salt Creek. The proposed work includes the relocation of bunkers located on holes 10 and 1 and tee relocation on holes 8 and 12. The applicant states that this reconstruction is vital for them to remain one of the premier golf clubs in the county. 3. Section 9-6-3.V of Title 9 (which matches the County's minimum requirements) lists the appropriate uses for the floodway that shall be considered for permits. Recreational facilities, such as golf courses, are not listed. This has been interpreted by the DuPage County Department of Economic Development and Permitting (Butler had to apply to the Illinois Department of Natural Resources — Office of Water Resources (IDNR-OWR) for a permit for work in the floodway and IDNR-OWR delegated its permit authority to the County) to mean that relocation of existing golf course features is also not a permitted use. They have determined that a variation is necessary and that Butler needs to apply to Oak Brook since we are a full waiver community. Butler Fairway-bunker Variation.doc opt, I also note that, according to section 3708.70.c.5 of the IDNR-OWR Part 3708 Rules, recreational facilities are considered an appropriate use of the floodway. However, the County reviews applications under their more stringent rules. 4. This item has been reviewed by the County Stormwater Committee at their meeting of September 10 and they will not object to this variation. 5. The technical aspects have been reviewed by Earth Tech, the Village's technical consultant, and found to be acceptable. 6. A detailed explanation of the application particulars can be found in the submittal packet with Darren Olson's cover letter dated September 8,2004. In conclusion, the Butler National Golf Club has been in existence for 30 years as an open recreational area that later was determined to be floodplain and floodway and is permitted under state regulations. This relatively minor construction project will not adversely affect the floodplain. Butler Fairway-bunker Variation.doc • �/fin--'- •.i.....rr�� Gi O f,F CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Dail y Herald l°DDI Nottceyly.w.�1 E�ny�Ap��y�, rb TIGEI N �F! 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' °� a l September 17, 2004 in said DAILY HERALD. e ���3yp9..Irw.bs a en rt..a. ro .mina I Y N�y1, LOMr1i',. 1 fa�aWb}.Pl��Q�1 iM�yry: iMMnnDNJa/. _w � � ' Al pfabl � an�bY u°° Id w � ,' ESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., Iaeury pN.p �° ed this certificate to be signed gn by, this authorized agent, at Arlington Heights, ��. I ntann a Isd a II tT b �i � °wea mon a.l°b.nn `.`;ABM � .. bra Ner�m,�..yar1wlaan,,�� � 1y�N. ,_ 11. ro)){{,{b,�9r _fi°r ITUl1�1 }IYj�j�j1 Rlf�•°jp��t J�OEWb” s)� bb�) Cp�P�1y�Yl�hq 0 IM;O�. r M1N�aaOtAMa n A'IIMWb�I wb I 0 �° '"' PADDOCK PUBLICATIONS, INC. MT ,.1 N .�"s: Naem a. JY D"", DAILY HERALD NEWSPAPERS �y 1mnwV !"Rlala"�np W at�Y on a ' bn AM 79f�'011 Na Ri)1T.tlalfl pb 1. d 1 N°.RT}9,7}S,all P, y j11W I 1 A3'Lpy' i�1 T BY •! l/ I / '1k� 1 �/R !O 1 D E♦LL B Author d Agent 1 U�NT ♦up €. R7 1 y 1 I ' bI. A �' � �$ Control # T3383856 �fAA•{pK DR ,••D•NERFINAEOC,F,DFECRIRE0.CONTAIN A TOTAL Prniwr::l aPOMrpewplllpplpy� b1S.1 O6fbfm.oCi1°Id6Mt.aplodm fT"i°nu F m�°.w.w.al'rJ"n"'.��.. nt "" " �" To n :�a��IpprIr rl,�p°.,,Pmmwlnoxsv�crArlaawt�em Taaa.0ak° 1 1. IM.s,e' io.."el'wRB.n wl RaO.N. A stllM Zenin.°eei°a.Aarp°°r t. lae Irow a_ �',�'° `Na e�:.�nl'sa laabxia '7s 6t aF OAk v P X90 � O a O y G � 2 00UNTV \\�\ Village of September 16,2004 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Website w-,vw.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration variation at the meetings scheduled on the back of this notice. 630.990.3000 FAX 630.990.0876 The application has been filed by: Butler National Golf Club Community 2616 York Road Development 'The rop m'e in question is located at: 2616 York Road 630.990.3045 p FAX 630.990.3985 Relationship of applicant to property: Owner Engineering Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.990.3010 determining your relationship to the property in question. FAX 630.990.3985 Fire Department The applicant is seeking the following: 630.990.3040 FAX 630.990.2392 The petitioner is seeking approval of a variation to Section 9-6-3.V of the Stormwater Floodplain, and Sedimentation and Erosion Control Police Department Regulations in order to allow the relocation of bunkers and tee boxes within 630.990.2358 the floodway of Salt Creek. FAX 630.990.7484 Public Works Department If you desire more detailed information, please contact the Community Development 630.990.3044 Department at 630-990-3045 to review the file on this application. FAX 630.472.0223 Sincerely, Oak Brook Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 obert L. Kallien,Jr.,AICP --'' 630.990.2222 FAX 630.990.4509 Director of Community Developm nt Oak Brook Sports Core R-K/gp Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable acconunodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline,the Village's ADA Coordinator, at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, Butler Goverrunent Center located on Oak Brook Road(31st Street)and Spring Road,Oak Brook,Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 5,2004 Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 26,2004** **Tentative . P C 7r5 f•p o 72s 727 615 COO ?122 300 ._ Boo 719 —22 Z ND - s 22ND STREET TNEft. Ill. 221f 4r 1 T EJ 711 90 2215 6r o� Sao W Q 6 O Z 2301 230s 6L 61 6 4 L 4$ It 3 S.� HOTEL ALIAIEX 60 1 cae" 5 1i Z 44 Fi2. 48 s"E qo d 4`' 47 1116 yY9 f p 8 i 7 l0 3a 43 41 r 9 99 ii 2 ONIVE 37 34 14- ,QiYg� a OAK 8ROO1C 11� .q z 0 � 12 O� G� C.el.p r�60 S 3 31 ro 2so6 2615 eE�tNtnoN� tG{9 0 t 7 18 21 6 �� �il � �• �`�Y04Y GOLF DRIVE 26 ?S Q �� Q(`Q' 2614Yo¢K ❑ 2714 ► 2707 O Q Vuw,o NwsE 2717 t5 � 21 3 s I t Q� 9uraErt i 19 4 up�� .S6H eOM 16 OR .I ,��, p �•• S$ol M4 ,800 .It Ito. 11 � �I � IS 17 2 If =�1 4 37 38 9 40 ;; i, paK1O -leo oAl[edaa Kti. O It 15 �3 36 fy I! 19 13 ZS 32 ..4 2 a d vlc�rt � 16 IS 20 r 3oa arol fl l000 � 3030 _7 *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 property. 2616 York Rd-Butler National Golf.Res.ltr.doc �PG� OF Oq,i.9,➢ \ O O ® "A September 9,2004 ecou 14 O 9 G O V RE: Stormwater Variation—Non-Appropriate Use Village of Butler National Golf Club—Fairway& Bunker Reconstruction Project Oak Brook 2616 York Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Stormwater Administrator: Website www.oak-brook.org Pursuant to Sections 9-4-2.1) and 9-12-I.M of the Oak Brook Code, I hereby Administration notify you that the Village has received a Variation Application at the above 630.990.3000 f d l t staeocation. For our information, attached lease find the following FAX 630.990.0876 y p g documents: Community Development 1. Letter dated September 8, 2004 to Robert Kallien from Patrick Kelsey and 630.990.3045 FAX 630.990.3985 Darren Olson. 2. Village of Oak Brook Petition Application for Public Hearing. Engineering 3. Response and narrative documents. Department 630.990.3010 FAX 630.990.3985 Under the strict letter of the provisions of Section 9-6-3.V of Title 9, recreational facilities such as golf courses are not a permitted use of the floodway. This has Fire Department been interpreted by the DuPage County Department of Economic Development 630.990.3040 and Permitting t that relocation of existing golf course features is also not a FAX 630.990.2.2 392 erm �' o mean g g permitted use. The variation is to allow certain features of the golf course to be Police Department updated. 630.990.2358 FAX 630.990.7484 These items have been reviewed by County staff (under IDNR-OWR permit Public Works delegation) and it is my understanding that the County will not object to this Department variation. 630.990.3044 FAX 630.472.0223 The Oak Brook Zoning Board of Appeals, meeting as the Oversight Committee, Oak Brook will hear the petition for the Stormwater Variation at their meeting of October 5, Public Library 2004 at 7:30 P.M., in the Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois. The petition will then proceed to the Village Board for final 600 Oak Brook Road consideration. Oak Brook,IL 60523-2200 630.990.2222 If you have an questions, please call. FAX 630.9900.990.44 509 . y y q Oak Brook Sports Core Si ere , Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 Dale L. Durfey, Jr., P.E., FAX 630.990.1002 Village Engineer DLD/etk Golf Club Eric. 2606 York Road Oak Brook,IL 60523-4602 cc: Robert L. Kallien, Jr., Director of Community Development 630.990.3032 Michael Sauls,Butler National Golf Club FAX 630.990.0245 butler national fairway reconstruction variance.doc, � Stormwater Administrator Stormwater Administrator Stormwater Administrator Village of Addison Village of Bloomingdale Village of Bensenville 131 W. Lake Street 201 South Bloomingdale Road 700 W. Irving Park Road Addison,IL 60101 Bloomingdale,IL 60108 Bensenville, IL 60106 Stormwater Administrator Stormwater Administrator Stormwater Administrator Village of Clarendon Hills Village of Elk Grove City of Elmhurst 1 N. Prospect Avenue 901 Wellington Avenue 209 N.York Street Clarendon Hills,IL 60514 Elk Grove Village,IL 60007 Elmhurst, IL 60126 Stormwater Administrator Stormwater Administrator Stormwater Administrator .Village of Hinsdale Village of Lombard City of Oakbrook Terrace 19 E. Chicago Avenue 255 E.Wilson 17 W 275 Butterfield Road Hinsdale, IL 60521 Lombard,IL 60148 Oakbrook Terrace, IL 60181 Stormwater Administrator Stormwater Administrator Stormwater Administrator Village of Itasca Village of Villa Park Village of Westmont 100 N.Walnut 20 S.Ardmore 31 W. Quincy Itasca,IL 60143 Villa Park,IL 60181 Westmont, Illinois 60559 Stormwater Administrator Stormwater Administrator Stormwater Administrator Village of Wood Dale Village of Roselle DuPage County Development 404 N.Wood Dale Road 31 South Prospect Street Department Wood Dale,IL 60191 Roselle,IL 60172 421 N. County Farm Road Wheaton,IL 60187 P�J A PGA O F OA f�9 v 0 a 7c oil v G COUt4l4 AGENDA ITEM Regular Board of Trustees Meeting of September 28, 2004 SUBJECT: Referral—Butler National Golf Club—2616 York Road —Variation—Title 9— Storm Water,Floodplain and Sedimentation and Erosion Control Regulations—Section 9-6-3V To Allow the Relocation of Bunkers and Tee Boxes Within the Floodway of Salt Cr FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer to the Zoning Board of Appeals for public hearing at its October 5, 2004 meeting for a request from the Butler National Golf Club for a Variation to Title 9 to allow the relocation of bunkers and tee boxes. Background/History: Butler National Golf Club, the owner of the property located at 2616 York Road has submitted a petition seeking approval of a variation to allow the relocation of bunkers and tee boxes within the floodway. Recommendation: Please refer this request to the Zoning Board of Appeals for public hearing at its October 5, 2004 meeting. Last saved by RKallien JAI-FROM BOB\Bot-PC-ZBA\BOT-Referral-Butler Golf-2616 York-Stormwater Var.doc �• r 9-12-1: AUTHORITY; APPLICATIONS; STANDARDS: A. The corporate authorities of the village shall have the authority to grant variations from the requirements of this title,but only in compliance with the procedures set forth in this chapter. B. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted to allow development when the requirements of this title place an undue and particular hardship on a specific developer. C. Variation petitions may be filed either by the owner or by the developer of land specified in the application for a storm water management permit. D. The petition for a variation shall accompany or follow an application for a storm water management permit including all necessary submittals. E. All variation petitions filed pursuant to this section shall be filed with the director of community development. F. All variation petitions filed pursuant to this section shall be on forms supplied by the director of community development and shall be filed in such number of duplicate copies as the director of community development may designate by administrative order. G. Every variation petition filed pursuant to this section shall provide the following information: 1. The owner's or developer's signed consent to the filing of the petition; and 2. The names and addresses of all professional consultants, if any, advising the petitioner with respect to the petition; and 3. The name and address and the nature and extent of any economic or family interest of any officer or employee of the village, as to the owner, the petitioner, or the subject property or development; and 4. The addresses and legal description of the subject property or development; and 5. The specific feature or features of the proposed construction or development that require a 1 variation; and 6. The specific provision of this title from which a variation is sought and the precise variation therefrom being sought; and 7. A statement of the characteristics of the subject property or development that prevents compliance with the provisions of this title; and 8. A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed construction or development; and 9. A statement of how the variation sought satisfies the standards set forth in subsection J of this section. H. No public hearing will be scheduled on a variation petition unless the petition is filed in proper form and number and contains all required information. I. Whenever supplemental data in connection with a previously filed variation petition is required or offered by the applicant, it shall be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or acted upon in connection with such petition. The filing of such data shall, in the discretion of the body hearing the petition,be cause to delay a requested or scheduled hearing date. The oversight committee shall consider, and the corporate authorities may grant, such petition for a variation only when it is consistent with the general purpose and intent of this title,when it meets the requirements of subsection K of this section, and when the development meets the requirements specified in subsection 9-5-2A of this title as well as the following conditions: 1. Granting the variation shall not alter the essential character of the area involved, including existing stream uses; and 2. Carrying out the strict letter of the provisions of this title would create an undue or particular hardship or difficulty on a specific developer or owner; and 3. The relief requested is the minimum necessary and there are no practicable means other than the requested variation by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; and 4. The applicant's circumstances are unique and do not represent a general condition or problem; and 5. The subject development is exceptional as compared to other developments subject to the 2 Lsame provision; and developm ent proposed for a special management area could not be constructed if it limited to areas outside the special management area. K. No variation shall be granted for any development in the regulatory floodway, regulatory wetlands, and critical wetlands from any provision of this title the effect of which variation would be to create regulation less restrictive or stringent than federal and/or state required minimum standards for development in such areas. Subject to this standard, a variation may be granted in accordance with this section from provisions of this title more restrictive or stringent than the federal and/or state required minimum standards for development in such areas. L. When a variation from the requirements of this title would lessen the degree of flood protection to a structure, the administrator shall notify the applicant that the variation, if granted, may result in increased rates for flood insurance. M. The administrator shall give written notice of any variation petition, including the date and time of the public hearing, to the committee, the department, and all watershed planning area community administrators. Such notice shall be sent no less than twenty one(2 1) days in advance of the date of the public hearing by regular U.S. mail or its equivalent. In addition, the permit application and variation petition including all permit submittals and support documentation shall be sent to the director. N. Fees for variation applications shall be as stated in title 1, chapter 14 of this code. (Ord. G-709, 12-10-2002) 9-12-2: PUBLIC HEARING REQUIRED: A public hearing shall be set, noticed, and conducted by the oversight committee in accordance with the provisions of section 9-13-1 of this title. (Ord. G-709, 12-10-2002) 9-12-3: REVIEW AND RECOMMENDATION: A. The administrator shall review all requests or petitions for a variation and shall present written findings of such review to the oversight committee. B. Within thirty five(35) days after the close of the public hearing, the oversight committee shall make a written recommendation to the corporate authorities to grant or deny the variation petition. The failure of the oversight committee to act within thirty five(35) days shall be deemed to be a recommendation to deny the variation. 3 i C. The written recommendation of the oversight committee whether to grant or deny the requested variation shall be accompanied by written findings of fact specifying the reasons for the decision, which written findings shall be distributed to the corporate authorities before the corporate authorities vote to grant or deny the variation petition. (Ord. G-709, 12-10-2002) 9-12-4: DECISIONS: The corporate authorities shall grant the variation, grant the variation with modifications or conditions, or deny the variation within forty five(45) days after receipt of the recommendation of the oversight committee unless both the corporate authorities and the applicant agree to extend the decision. The failure of the corporate authorities to act within forty five (45) days, or such additional time as the applicant may agree, shall be deemed to be a decision denying the variation. (Ord. G-709, 12-10-2002) 9-12-5: CONDITIONS: A. A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested. B. The corporate authorities may impose such specific conditions and limitations concerning any matter relating to the purposes and objectives of this title on the development benefited by a variation as may be necessary or appropriate to meet the standards set forth or referred to in subsection 9-12-1J of this chapter and to promote the general objectives of this title including, but not limited to, minimizing any detrimental effect on the value of surrounding properties. C. Whenever any variation authorized pursuant to this title is made subject to conditions and limitations to be met by the developers, the applicant shall, upon meeting such conditions, file an affidavit with the administrator so stating. D. For any variation to section 9-5-4 of this title, a fee shall be required pursuant to section 9-5-5 of this title to compensate for any site runoff storage not being provided. (Ord. G-709, 12-10-2002) 4 9-6-3: REQUIREMENTS FOR DEVELOPMENT WITHIN THE REGULATORY FLOODPLAIN: V. In the regulatory floodway portion of the regulatory floodplain, all of the requirements of this section shall apply to any proposed development, and only the following appropriate uses shall be considered for permits: 1. Bridges, culverts, and associated roadways, sidewalks, railways, necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto; and 2. At or below grade trail systems; and 3. Regulatory floodway regrading, without fill, to create a positive slope toward a watercourse; and 4. Floodproofing activities to protect existing structures; and 5. Storm water facilities relating to the control of drainage or flooding; and 6. Above and below ground utilities and sanitary and storm sewer outfalls; and 7. The storage and conveyance of floodwaters; and 8. Erosion control structures and water quality and habitat structures; and 9. Recreational boating and commercial shipping facilities. OF Oq BROOK PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER REGULATIONS: ® VARIATION ($750) APPLICANT TO COMPLETE a .s LOCATION OF 06 26 202 002 SUBJECT PROPERTY 2616 York Road PERMANENT PARCEL NO. 06 _ 25 101 _002 06 -75—300—mz-- LOT NO. SUBDIVISION Butler National Golf Club LEGAL ADDRESS 2616 York Road ZONING DISTRICT CR ZONING ORDINANCE SECTION 9-6-3.V ACTION REQUESTED: Variance to allow the relocation of bunkers and tee boxes within the floedway Of Salt reek PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT OWNER(S)OF RECt3RD PHONE ADDRESS CITY STATE SIP: 'BENEFICIARY(IES)OF TRUST PHQNE ADDRESS :. G{TY ,,...sk.'STATE° ZIP._'. NAME OF APPLICANT(and Billing Information) Mike Saul s, Butler National Gol f C1 ubHONE 630-990-3340 ADDRESS 2-6-3-6- York Road CITY Oak Brook STATE Ti _ZIP 60523 E-mail Address: dolson@cbbel .com (Darren Olson) I(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my (our)kn e;,a'ef. In additio o the above fees,applicant agrees to reimburse the Village for publication costs within 30 days of billing. owled F/,3 0 Signa re of Applicant Date Signature of Applicant Date DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY MEAD x e 4w. Y T , APP-PUBLIC HEARING-2004.doc ` BUTLER NATIONAL GOLF CLUB LEADERS BANK 48984 2616 YORK ROAD 70.2606/719 OAK BROOK,IL 60523 CHECK NO. 48984 X DATE ;MC JNT 09-10-04 $750.00 = s t PAY TO THE V111a of Oalc Brook TWO SIGNATURES REQUIRED OVER$1J,000.00 f1 ORDER OF AUTHORUFD S GNA'.RE 11104898L.0 i:07 L9 2606 L': 400 L00 284 ill' T- H�9 T.� 9 CHECK S CHECKS - NUMBER S CASH INV M GATE NAME G.L.ACCOL YT .7ESCRIPTICN VILLAGE OF OAK BROOK INVALID wlTHOUr SIGNATURE DEPARTMENT OF COMMUNITY DEVELOPMENT B 1561 C 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS U PHONE: (630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS