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S-976 - 11/14/2000 - ZONING - OrdinancesORDINANCE 2000- ZO- SU- FP -EX1 -S -976 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 9 -1 -8 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (32 Regent Drive, Oak Brook, IL 60523) WHEREAS, the owners of certain property described herein have petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 9 -1 -8 of the Village Code of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on October 3, 2000, pursuant to due and appropriate legal notice; and 1 WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning PP Board of Appeals have recommended approval of the petition, as the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 9 -1 -8C of the Village Code of the Village of Oak Brook as set forth in the Zoning Board's minutes of October 3, 2000; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oaki Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section : That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: Pursuant to Section 9 -1 -8 of the Village Code of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow reconfiguration of the flood plain, including compensatory storage on adjacent Briarwood Lakes Community Association property, in substantial conformity with the Topographical Survey and Site Development Plan (Exhibit A) prepared by Morris Engineering, Inc., as last revised August 30, 2000, said property being legally described as: Lot 257 in Brook Forest Unit Two, being a subdivision of part of Section 27, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, IL. Permanent Parcel No. 06 X -406 -003. c7 Section 3: That this special use permit is subject to the following conditions: (1) That all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building Code and in accordance with the requirements for flood resistant construction as set forth in Section 2102.0 of the BOCA National Building Code; Ordinance 2000- ZO- SU- FP- EXI -S- 976 Granting a Flood Plain Special Use Permit, 32 Regent Drive, Page 2 (2) That the property be developed and maintained in substantial conformity with the said Topographical Survey and Site Development Plan prepared by Morris Engineering, Inc.; (3) That the flood plain special use herein granted is subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities; (4) That the flood plain special use herein granted shall automatically terminate and be no force and effect without further action by the Village Board in the event that all la modifications on the Subject Property have not been completed by four years from the date of this approval. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage a approval pursuant to law. PASSED THIS 14th day of November, 2000. Ayes: Trustee Nays: None Absent: Trustee Butler j Abstain: None APPROVED THIS 14th day of November, 2000. ATTEST: age C k Approved as to Form: �U_,-: TY &J —1.4 Village Attorney fit. Ii i� , Village Presiden Published Date Paper! Not Published XX