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S-817 - 07/25/1995 - ZONING - Ordinances ORDINANCE 95-ZO-R-EX1-S-817 AN ORDINANCE REZONING A CERTAIN PARCEL TO THE ORA-1 OFFICE RESEARCH ASSEMBLY DISTRICT (AUTUMN OAKS WEST) WHEREAS, on December 13, 1994, McDonald's Corporation, filed an application requesting that the 14.26-acre parcel of land located in the Village of Oak Brook at the southeast quadrant of Route 83 and Kensington Road legally described in Exhibit A attached hereto and incorporated herein by reference (hereinafter referred -to as "Autumn Oaks West Property") presently zoned CR - Conservation Recreation District, be rezoned to ORA-1, Office Research Assembly District; and WHEREAS, Autumn Oaks West is currently owned by the Oak Brook Park District; and WHEREAS, the McDonald's Corporation is the holder of an option to purchase or to exchange Autumn Oaks West from or with the Oak Brook Park District; and WHEREAS, at its meeting of April 19, 1995, the Plan Commission found that the factors pertaining to zoning amendments were satisfied and unanimously recommended to the Villace Board that the requested rezoning be granted; and WHEREAS, the Zoning Board of Appeals, at its meeting of May 2, 1995, unanimously recommended to the Village Board that the requested rezoning be granted, and made certain findings of fact in support thereof as set forth in the Chairman of the Zoning Board's letter to the President and Board of Trustees dated May 18, 1995, all pursuant to due and appropriate legal notice; and WHEREAS, the Village President and Board of Trustees find that the factors pertaining to zoning amendments are satisfied and deem it in the best interest of the Village of Oak Brock that the property described herein be rezoned to ORA-1, Office Research Assembly District. 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 the Autumn Oaks West Property legally described on Exhibit "A", attached hereto and incorporated herein by reference, is hereby rezoned and reclassified from CR - Conservation Recreation District to ORA-1 Ordinance 95-ZO-R-EXl-S-$17 Rezoning to ORA-1 Office Research Assembly District Autumn Oaks West, Page 2 Office Research Assembly District zoning classification pursuant to the Zoning Ordinance of the Village of Oak Brook. Section 3: That the Village Clerk is hereby authorized and directed to modify and amend the Zoning Map of the Village of Oak Brook to reflect the rezoning and reclassification of the property hereinbefore described, all in accordance with the provisions of this Ordinance and as otherwise provided by law. Section 4: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of -this ordinance. Section 5: That this ordinance shall be in full force and effect upon and after its passage, approval and publication as required by law. Section 6: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. Section 7: If the current owner of the Autumn Oaks West (i.e., the Oak Brook Park District) does not convey legal title to Autumn Oaks West on or before: a. December 31, 1997; or b. in the event that, prior to December 31, 1997, there is any action or proceeding (including, but not limited to actions or proceedings which may have been commenced prior to adoption of this Ordinance) which seeks to enjoin or otherwise restrict the zoning, development, construction, conveyance, exchange or use of Autumn Oaks West, that date which is twenty-four (24) months after the date on which the litigation is fully resolved pursuant to a final order with all rights of appeal or other review having been exhausted or waived; whichever is later, the zoning district classification of Autumn Oaks West shall automatically revert to the CR zoning district classification without further notice or hearing. PASSED THIS 25th day of Julv , 1995. Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate Nays: None Absent: None Abstain: None Ordinance 95-ZO-R-EX1-S- 817 Rezoning to ORA-1 Office Research Assembly District Autumn Oaks West, Page 3 APPROVED THIS 25th day of July , 1995. V' lage President ^'ATTEST.:'. _ Village Cler Approved as to Form: Village Attorney Published 7-26-95 Pamphlet form Date Paper Not Published mcacw.ord 4 Exhibit A Legal Descrivtion of Autumn Oaks West Lot 2 in McDonald's Autumn Oaks Subdivision, being a part of Section 26, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 22, 1990 as Document No. R90-77300 in DuPage County, Illinois. Also known as Permanent Index No. 06-26-102-009.