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S-819 - 07/25/1995 - SUBDIVISION - Ordinances ORDINANCE 95-SD-DP-EX3-S-819 AN ORDINANCE APPROVING AN AMENDED DEVELOPMENT PLAN AND DEVELOPMENT PLAT AND RELATED IMPROVEMENT PLANS AND IMPROVEMENT PLAN AGREEMENTS AND COVENANTS, EASEMENTS AND RESTRICTIONS OF RECORD FOR THE MCDONALD'S CORPORATE HEADQUARTERS IN ACCORDANCE WITH THE PROVISIONS OF SECTION %(D) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, the corporate authorities of the Village of Oak Brook previously approved the Development Plan for McDonald's Corporate Headquarters on May 31, 1978, pursuant to Ordinance S-409; and WHEREAS, amendments to said Development Plan were approved pursuant to Ordinance S-564, passed and approved August 27, 1985, and pursuant to Ordinance S-689 passed and approved April 24, 1990; and WHEREAS, McDonald's Corporation, the owner of the subject property is petitioning the Village for certain amendments to the prior approved Development Plan and Development Plat and for corresponding amendments to related improvement plans, improvement plan agreements, and covenants, easements and restrictions of record; and WHEREAS, the Plan Commission has reviewed the said petition and has unanimously recommended approval thereof to the corporate authorities; and WHEREAS, the Zoning Board of Appeals conducted a public hearing on the petition pursuant to due and appropriate legal notice, and has unanimously recommended approval; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the requested amendments as set forth below to be in the best interest of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE 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 Development Plan and the Development Plat attached hereto, labeled Exhibit A and Exhibit 1, respectively, and hereby made a part Ordinance 95-SD-DP-EX3-S-619 Development Plan/Plat, Related Improvement Plans, McDonald's Page 2 hereof, entitled "Amended Development Plan, McDonald's Corporation Office Campus, Oak Brook, Illinois" which, inter alia: 1. transfer the available 25,000 square feet of developable area in Building Bubble B of the existing development plan (designated for a research and development building) to Building Bubble D for the purposes of expanding the Lodge; 2. modify Building Bubble D of the existing development plan to expand the number of guest rooms in the Lodge by an additional 126 rooms as shown on the attached Development Plat, and to reconfigure the Lodge ballroom, meeting room and aquatics pool facilities; 3. modify the existing development plan in order to construct free- standing four-story parking structures in Building Bubbles B, E and G shown on the attached Development Plat; 4. increase the permitted size of Phases II and III of the Campus Office Building ("C.O.B. II and III") by an additional 250,000 square feet (i.e. , 250,000 square feet in addition to existing C.O.B. II and III approvals for an additional 450,000 square feet) by constructing additions in Building Bubble A as shown on the attached Development Plat; 5. increase the permitted office floor area from 825,000 to 955,000 sq. ft. ; and 6. increase the permitted total floor area from 1,150,000 to 1,400,437 sq. ft. are found to be in conformance with the requirements set forth in Section X(D) of the Oak Brook Zoning Ordinance, as amended, and are hereby approved. Section 3: That the provisions of this Ordinance shall be applicable only to that property legally described in the attached Exhibit B. Section 4: That all ordinances, development plans, development plats, improvement plans, improvement plan agreements, and covenants, easements and restrictions of record (which are deemed to include those set forth on plats of subdivision) or parts thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed to the extent of such conflict, including without limitation: (a) Section 1 of that certain July 14, 1981 "Declaration of Covenants" which is hereby declared to be null, void and of no further force and effect. Ordinance 95-SD-DP-EX3-S-819 Development-Plan/Plat, Related_ Improvement Plans, McDonald's Page 3 (b) The reference to a 1,150,000 square foot limitation on total square footage on all structures on line 7 of Section 2 of said July 14, 1981 Declaration of Covenants, which is hereby modified by deleting "1,150,000" and substituting in lieu thereof the number 111,400,437". (c) Section 6 of the Amended Development Plan for the McDonald's Office Campus which was approved in Ordinance No. 5-689, is hereby amended to state as follows: 6. There .shall be provision within -the South Campus as described in the Amended Development Plan for parking for 1,000 cars in an office building and/or underground parking facilities decked over with architectural landscaping. Phase 1 has included such parking for a minimum of 700 cars in conjunction with the 260,000 square feet of office space constructed therein. Additional parking facilities of similar design, up to the minimum of 1,000 required by the -- Village, shall be constructed based on a ratio of 75 such spaces for each additional 50,000 square feet of cffice building space. (d) Section 6(C) of Ordinance No. S-566 is hereby amended to state as follows: C. That all recuirements as contained in Section X(D) , as amended, of the Zoning Ordinance governing development of ORA-3 property be complied with. (e) Section 2 of Ordinance No. S-564 is hereby amended to state as follows: That the Development Plan adopted by Ordinance No. 5-409 is amended by deleting the last sentence of Section 2 of the Development Plan, which sentence reads as follows: "No building in Phase 1 shall exceed four stories or 48 feet in height, whichever is less," and inserting in lieu thereof, "No building shall exceed 75 feet in height or 734 feet above mean sea level, whichever is less." (f) Any provisions of previously approved ordinances (including without limitation Ordinance 93-SD-IP-E2-S-761) , development Ordinance 95-SD-DP-EX3-S-819 Development Plan/Plat, Related Improvement Plans, McDonald's Page 4 plans, development plats, improvement plans, improvement plan agreements, or related covenants, easements or restrictions of record insofar as they include within their scope the 20-acre Autumn Oaks East parcel legally described in Exhibit C, attached hereto and made part hereof, which has been rezoned from the ORA-3 zoning district to the ORA-1 zoning district, are hereby declared to be null, void and of no force and effect with the exception of: (i) the plat of subdivision approved by Resolution R-497; (ii) the building setback lines and publicly dedicated easements created by means of said plat; (iii) the terms and conditions of Village Ordinances 5-725 and 5-727, respecting special use approval for flood plain grading which shall continue, unmodified in full force and effect; and (iv) any excess acre feet of compensatory storage currently available, which shall not be deemed released or waived on account of this Ordinance. (g) Section 2(a) of Resolution R-497, as memorialized in that certain July 6, 1990 "Covenant and Agreement" between McDonald's Corporation and the Village recorded as Document No. R90-090790 with the DuPage County Recorder of Deeds, prohibiting the vY construction, maintenance or use of decked parking on the Autumn Oaks East property legally described on Exhibit C, is hereby declared to be null, void and of no further force and effect. (h) Section 2(b) of Resoluticn R-497, as memorialized in that certain July 6, 1990 "Covenant and Agreement" between McDonald's Corporation and the Village recorded as Document No. R90-090790 with the Du Page County Recorder of Deeds, insofar as it limits the Floor Area Ratio of the Autumn Oaks East property legally described in Exhibit C, is hereby declared to be null, void and of no further force and effect. (i) Any previously approved development plans or development plats, insofar as they limit to permitted height of structures on the Autumn oaks East property legally described in Exhibit C to three stories or 35 feet, whichever is less, are hereby null, void, and of no further force and effect. The Village President and Village Clerk are hereby authorized and directed to execute and record any documents necessary or desirable to implement the amendments to existing recorded documents adopted in this ordinance. Section 5: That this Ordinance shall be in full force and effect from and after passage and approval by publication as provided by law. PASSED THIS 25th day of Julv , 1995. Ordinance 95-SD-DP-EX3-S-$19 Development Plan/Plat, Related Improvement Plans, McDonald's Page 5 Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate Nays: None Absent: None Abstain: None APPROVED THIS 25thday of July , 1995. Village President ATTEST: I-"'Village C1er �' ✓;� J�J Approved as to Form: �1 - '�: Village Attorney Published 7-26-95 Pamphlet form Date Paper Not Published mcolan-t.ord Ordinance 95-SD-DP-EX3-S-819 Development Plan/Plat, Related Improvement Plans, McDonald's Page 6 STATE OF ILLINOIS ) SS. COUNTIES OF COOK & DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that the annexed document is a true and correct copy of Ordinance 95-SD-DP-EX3-S- 819 , an Ordinance approving an amended development plan and development plat in accordance with the provisions of Section X(D) of the Zoning Ordinance of the Village of Oak Brook. 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 25th day of Julv , 1995. J Village Clerk of the Village of Oak Brook, DuPa /J& Coo Coes, Illinois EXHIBIT A AMENDED DEVELOPMENT PLAN MCDONALD'S CORPORATION OFFICE CAMPUS .� OAR BROOK, ILLINOIS 1. The Amended Development Plat for the Amended Development Plan is attached hereto and incorporated herein as Exhibit 1. The development includes the property included in the initial Development Plan approved pursuant to Ordinance S-409 which included 75 acres of land on the east side of Jorie Boulevard known as Permanent Index Numbers 06-26-401-008, 06-26-401-009 and 06-26-401-010 (hereinafter the "South Campus") , as depicted on the attached Exhibit 1, and specifically excludes 20 acres of land on the west side of Jorie Boulevard known as Permanent Index Number 06-26- 102-008 (hereinafter "Autumn Oaks East") , which had been rezoned to ORA-3 and included in the Development Plan pursuant to Ordinance S-688 and Ordinance S-689, but which has been rezoned from the ORA-3 zoning district classification to the ORA-1 zoning district classification. Delineated on the Plat are the areas located on the South Campus within which buildings, other structures, and parking areas have been or may be constructed. In the remaining area, only the following shall be permitted: a. Necessary service and access drives, including access drives to the dedicated streets known as Jorie Boulevard and Oak Brook Road. b. Entrance gateway installation on the east side of Jorie Boulevard. C. Necessary lagoons and storm water swales and retention areas with landscaped banks. d. Additional plantings. e. Bridle, pedestrian, and bicycle paths in locations subject to the reasonable approval of the Village. f. Underground utilities. g. Signs as depicted on an approved Improvement Plan. _ 2 . A. Existing Access to Oak Brook Road. Access to Oak Brook Road (31st Street) shall be limited to one roadway location. Such roadway shall not have access to Oak Brook Road (31st Street) from 7 :00 a.m. to 9 : 30 a.m. nor from 3 :30 p.m. to 6:30 p.m. weekdays. During other hours, access shall be restricted by appropriately controlled means to passenger vehicles occupied by members of the owner's board of directors, its executive management personnel, and their guests. Such roadway shall not exceed two lanes or 24 feet in width. Identification and direction signs at the intersection of such roadway and Oak Brook Road (31st r-• Street) shall be limited to one standard name sign. B. Replacement Access to Oak Brook Road. The access described in Section 2 (A) , above, may be replaced by the access system depicted on Exhibit 1 ("Replacement Access") , in which case the provisions of Section 2 (A) shall terminate and be null, void, and of no further force and effect, provided that in no event shall the existing access system described in Section 2 (A) , above, remain in operation once the Replacement Access is operational. 3 . A. As required by the original Development Plan, covenants have been granted and recorded as to all public bridle, pedestrian, and bicycle paths which permit public usage daily from one-half hour after sunrise until one-half hour before sunset with the provision that such paths (and related easements) may be relocated by .McDonald's Corporation (its successors or assigns) at its expense, at any time with consent of the Village, which consent will not be unreasonably withheld. These covenants were set forth in an instrument recorded on July 17, 1981 as Document No. R81-38781. B. The previous recorded covenant created by means of that certain July 6, 1990 "Covenant and Agreement" between McDonald's Corporation and the Village recorded as Document No. R90-090790 with the DuPage County Recorder of Deeds, restricting the total square footage for all buildings constructed on the Autumn Oaks East parcel to no more than 120, 000 gross square feet and to a floor area ratio of 0. 14 is hereby null, void and of no further force and effect. 4 . There shall be provision within the South Campus for parking for 1,000 cars in an office building and/or underground parking facilities decked over with architectural landscaping. Phase 1 has included such parking for a minimum of 700 cars in conjunction with the 260, 000 square feet of office space constructed therein. Additional parking facilities of similar design, up to the minimum of 1, 000 required by the Village, shall be constructed based on a ratio of 75 such spaces for each additional 50, 000 square feet of office building space. SONCM02UXLU237000143421115919M -2- July 17,1995 5. No office building shall have a structure height in excess of 75 feet in height or 734 feet above mean sea level, whichever is less, provided, however, no building exceeding three stories or 35 feet in height, whichever is less, shall be constructed in the South Campus on . land west of Spring Road extended or north of Ginger Creek, provided, however, that parking structures may be above that height but shall not exceed the lesser of four (4) stories or 40 feet unless located within an office building structure, and up to ten (10) percent of the total permitted lodging facilities floor area may be above that height but shall not exceed the lesser of five (5) stories or 60 feet. 6. The total floor area for all buildings shall not exceed 1,400,437 square feet (955,000 square feet for all office buildings) . 7. The total acreage is expected to be utilized as follows when development is completed: Total Parcel Acres* Area to be covered by buildings 11.3 Area to be used for exterior surface 5.4 parking (including parking structures) Access and Surface Drives 5.3 Area to be in open space: Two Retention Lakes 5.8 Forests, water courses and other 53.0 planted landscape areas (includes two retention lakes above) : TOTAL SITE 75.0 *Note: Acreage stated is accurate within a tolerance of + 5 acres 8 . A. Phases 1A, 1B and 2 have been substantially completed as follows: SONCMCZV.YL%5287000\3342\11591935 -3- Juir 17,1995 Building Areas (S.F. ) Total A. Phase lA Improvement Plan r' (Existing Buildings) Training Center (including 50, 000 109,305 SF of offices to be converted into Training facilities in 1990) Lodge Buildings 1 and 2 150,230 Gate House Kroc Drive 140 Gate House Oak Brook Road 120 Construction Field Office 4 ,945 Total Existing Building Area 264 ,740 Phase lA B. Phase 1B Improvement Plan (Existing Buildings) Office Building 255,774 Lodge Building 3 and Swimming Pool 70 ,128 Total Existing Building Area 325 ,902 Phase 1B C. Phase 2 Improvement Plan Lodge Tent 3,260 Construction Field Office (To Be <4 ,945> Demolished) Total Building Area Phase 2 <1, 685> TOTAL BUILDING AREA PHASE 1A, 1B, 2 588,957 (A+B+C) TOTAL SITE AREA 3 , 244,349 ,1FLOOR AREA RATIO 0.182 B. The balance of construction described on Exhibit 1 expected to take place in additional phases over the next twenty years. 9 . All terms used in this Development Plan shall have the same meaning as the terms are defined -in the Zoning Ordinance of the Village of Oak Brook. SON C III 02\JX L\:-287000\335211159193.5 -4- July 17,1995 1– '.♦ REVISED 13-16-H • .ore. •Nllat.f «a-r••• d..tl M..{.Ir.( la••tr.. 1 –�// J� w r..•..a.r.t w r.•r.rq. f •r..u.. ...-w.. —It w•.al....t r.•r.. rgaa...8 too'.1" - 1-%�,—�,�•�'-\ •yi 'l �_ `"1 `�:• TTY .. ✓ r •, ' "VIM) q :K :'%` ` lr �l!' `�f REVISED I:.16-►4 REVSED - I �'�i•.i/f! – – 'i.'x`�� t' � f" ��"1'i- REV:SE= t:-IiH a 0 � �� ' �" REVISED 1:-1.5-14 revised au.rTT..ro.T.ar........., 12-15-94 4-24-90 � POTENTIAL RIGHT-OF-WAY EXPANSION AREAS 7-15-89 . PER TRAFFIC INFRASTRUCTURE AGREEMENT 7-8-85 5-15-85 4/-2.8-73 v rASriT{e r0.rr•aN N..•.OrH.Ff RM X24-78 LEGEND McDonald s B,NDARrOF n DEVELOPMENT� r -150, DEVELOPMENTAREAS Exhibit ] Amended WATER AREAS Development SHEET Plat EXHIBIT B Lot 1 in Butler GHQ Subdivision, being a subdivision of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian in the Village of Oak Brook, DuPage County, `� ` Illinois, recorded on August 6, 1980 as Document No. R80-44966. EXHIBIT C Lot 1 in McDonald's Autumn Oaks Subdivision in the west half of Section 26, Township 39 North, Range 11 .East of the Third �' Principal Meridian, DuPage County, Illinois.