S-978 - 12/12/2000 - FPSU - Ordinances ExhibitsORDINANCE 2000- ZO- SU- FP -EX1 -S -978
AN ORDINANCE APPROVING SECOND AMENDMENT TO ORDINANCE S -916 BY
EXTENDING THE EXPIRATION DATE OF
THE FLOOD PLAIN SPECIAL USE PERMIT GRANTED THEREIN
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-
916, granted a flood plain special use permit for the property commonly known as 3824 York Road, Oak
Brook, Illinois, subject to certain conditions and restrictions; and
WHEREAS, paragraph (5) of Section 3 of Ordinance S -916, a copy of which is attached as Exhibit
1, provides that the flood plain special use granted shall automatically terminate in the event that all land
modifications have not been completed by December 31, 2000.
WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees
to extend the deadline for the flood plain special use land modifications for an additional six (6) months,
thus extending the completion date to July 1, 2001; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem the passage
of this Ordnance to be in the best interest and in furtherance of the general welfare of the Village of Oak
Brook.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Subsection (5) of Section 3 of Ordinance S -916 is hereby amended to read as
follows:
"(5) That the flood plain special use herein granted shall automatically terminate and be of
no force and effect without further action by the Village Board in the event that all land
modifications on the Subject Property have not been completed by July 1, 2001. 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 3: That all other provisions of Ordinance S -916 are in full force and effect.
Section 4% That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 12 thday of December, 2000.
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Ordinance 2000- ZO- SU- FP- EX1 -S- 978
Granting Time Extension, Rocca,
3824 York Road, Page 2
Ayes: Trustees Butler, Craig, Kenny, McInerney and Savino
Nays: None
Absent: Trustee Caleel
Abstain: None
APPROVED THIS 12thday of December, 2000.
c t ;' ,ATTES�
be Clerk
Approved as to Form:
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Village Attorney
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Village President
Not Published XX
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of
Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's
Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South % of Section 36,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's
Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06 -36- 308 -014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1,
Gmoser and Bluma's Plat of Survey situated in that part of the South % of Section 36, Township 39 North,
Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at
the Southwest corner of the Southeast 1/4 of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in
the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of
said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of
Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of
175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence
70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that
portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent
Parcel No. 06 -36- 308 -013.
ORDINANCE 98- ZO- SU- FP -EXI -S -916
AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10 -34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of certain property described herein has petitioned the
corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain
Special Use Permit under Section 10 -34 of the Code of Ordinances of the Village of Oak Brook, relating to
flood plain and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of
Appeals of the Village on April 7, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation
to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended
approval of the petition since the proposed use is consistent with the best use of the flood plain; and
WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the
factors set forth in Section 10 -34(c) of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this
ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: Pursuant to Section 10 -34 of the Code of Ordinances of the Village of Oak Brook,
Illinois, a Flood Plain Special Use Permit is hereby granted to allow occupancy and reconfiguration of the
flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory storage
shall be located In a dry basin at the north end of the property in substantial conformity with the
Topographical Survey (Exhibit A) prepared by Laser Consulting Engineers of Illinois, as last revised
October 26, 1998, said property being legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No.
570094), in the South Y2 of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06 -36- 308 -014.
Rocca -FPSU
Ordinance 98- ZO- SU- FP -EXI -S -916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 2
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South Y2 of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest comer of the Southeast
1#4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06 -36- 308 -013.
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;
(2) That the property be developed and maintained in substantial conformity with the Site Plan
prepared by R. A. Mifflin Assoc., Architects, as last revised September 30, 1998, the
landscaping plan and building elevation drawings as submitted, hereby incorporated by
reference;
(3) That the flood plain special use be 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 expire without
further action by the Village Board in the event that the contract purchaser (Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31,
1999. The foregoing conveyance date may be extended without public hearing by the
President and Board of Trustees upon a showing of necessity by the contract
purchaser; and
(5) That the flood plain special use herein granted shall automatically terminate and be of
no force and effect without further action by the Village Board in the event that all land
modifications on the Subject Property have not been completed by December 31,
2000. 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 and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
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Ordinance 98- ZO- SU- FP- EXI -S- 916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 3
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Ayes: Trustees Bartec)ci, Caleel, McInerney and Shumate s
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Nays: None
Absent: Trustee Kenny: Trustee Savino (Recused) '
Abstain: None
APPROVED THIS 27th day of October, 1998.
- ATTEST : - '•'.;�
V1 dge;,Clerk- • ;
Fove ' ?to Form:
Village Attorney
W MA / �+
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06 -36- 308 -013 and 06 -36- 308 -014