S-914 - 10/27/1998 - AGREEMENT - Ordinances ORDINANCE 98-SD-DP+CA-EX2-S-914
ORDINANCE APPROVING DEVELOPMENT PLAN AND
AUTHORIZING ISSUANCE OF CERTIFICATE OF APPROPRIATENESS
(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 Certificate of
Appropriateness and provided the Village with a plan for a certain development in the Historic Graue Mill
Gateway Area (Rocca Development)under Section VIII-A of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended; and
WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of
the Village on March 16, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, after reviewing the Rocca Development Site Plan, the Plan Commission
recommended that said plan be approved and that a Certificate of Appropriateness be issued subject to
certain conditions; 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: That subject to the conditions set forth below, the Rocca Site Plan is approved, as said
plan is appropriate to the development of the Historic Graue Mill Gateway area, is consistent with the
area's historic nature, and has been evaluated pursuant to the applicable standards set forth in Section
VIII-A(F)and (G)of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended.
Section 3: That because the Rocca Site Plan meets the intent and purpose of the Historic Graue
Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth
below.
A. That all land modifications, landscaping and construction on the Subject Property be done in
substantial conformity with (1)the Site Plan prepared by R. A. Mifflin Assoc. Architects, as last
revised September 30, 1998, a copy of which is attached hereto, labeled Exhibit A, and made
a part hereof; and (2)the Elevations drawn by the same firm dated February 16, 1998, copies
of which are attached hereto, labeled Exhibit B (collectively, "the Plans");
B. That pursuant to Section VIII-A(G) of the Oak Brook Zoning Ordinance, Ordinance G-60, as
amended, in order to ensure an adequate and pleasant natural environment, a sum of money
equal to not less than five (5) percent of the total project construction cost, as set forth on the
approved building permits, shall be budgeted and used by the owners and developers to
purchase and install mature sized trees, shrubbery, grass and other suitable landscaping
upon the grounds, which budgeted amount shall be expended to comply with the provisions of
subsections (F)(4)and (F)(5) of Section VIII-A. The contract purchaser (developer) shall
furnish the Building Commissioner with paid bills to insure compliance with this condition;
Rocca-Cert.Of Approp.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 2
C. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect 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
D. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that construction of the
improvements pursuant to the Plans has not been substantially completed by December 31,
2000. The foregoing completion date may be extended by the President and Board of
Trustees upon a showing of necessity by the property owner.
Section 4: That the Certificate of Appropriateness herein issued pursuant to this ordinance is
limited to the property located at 3824 York Road, which property is 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 V2 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.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
Section 6: 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.
PASSED THIS 27th day of October, 1998.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 3
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Triistee Kenny; Trustee Savino (Rec used)
Abstain: None
APPROVED THIS 27thday of October, 1998.
Village Presidofft
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as to Form:
Village Attorney
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