G-68 - 12/19/1966 - ZONING-SPECIAL USE - Ordinances P
' ' . / Lid. Na�►SES
SEMI-gTfRGkED
SEE ALSO'.
U-6`t 67-477
AN ORDINANCE AUTHORIZING A SPECIAL
USE PROVIDED FOR BY SECTION VII F-2 Via,--19- (PIP
OF THE OAK BROOK ZONING ORDINANCE,
BEING ORDINANCE NO, G-60 OF MARCH 22,
1966, AS AMENDED,
WHEREAS, Oak Brook Development Company previously filed with the
Village Clerk of the Village of Oak Brook, Illinois an application dated
September 27, 1966, requesting among other things that a special use be
L authorized for single-family attached and semi-detached dwellings on
property described in Exhibit A attached to and made a part hereof
(hereinafter referred to as the "Premises"), and also described in an
exhibit attached to said application, which application with attached
exhibit was thereafter entered into the records of a meeting of the Board
of Trustees; and
WHEREAS, the Village Clerk forwarded a copy of said application to the
Plan Commission of the Village and also forwarded a copy of said application
and exhibits to the Zoning Board of Appeals of the Village with a request to
T hold a public hearing and submit to the Board of Trustees of the Village
(hereinafter referred to as the "Village Board") a report of its findings and
recommendations; and
WHEREAS, said Board of Appeals, after receiving and considering the
October 18, 1966 report of the Plan Commission, and after considering the
testimony and evidence presented at a public hearing on said application, which i
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public hearing was held on October 25 and 26, 1966, upon notice by publication
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in the Oak Brook and Hinsdale Doings on October 6, 1966, reported its findings
and recommendations to the Village Board on November 3, 1966; and
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WHEREAS, the Village Board, having reviewed said reports of the Plan
Commission and Zoning Board of Appeals, both of which reports recommend
the authorization of the special use, now finds:
(1) Oak Brook Development Company is the beneficial owner
of the Premises and entitled to exclusive possession thereof
and intends to request a zoning certificate for each structure
erected thereon.
(2) Oak Brook Development Company has complied with all of
the requirements of the Oak Brook Zoning Ordinance as amended
(hereinafter referred to as the "Ordinance") and applicable statutes
of the State of Illinois, and the procedure followed in processing
its application, set forth above, satisfies all of the requirements
of the Ordinance and applicable statutes of the State of Illinois.
(3) The special use requested is one that may be authorized by
the Village Board under the provisions of the Ordinance, and the
Premises are presently zoned R-4 and consist of more than fifty
(50) acres in area as required by Section VII F-2(c) of the Ordinance.
L' (4) The special use requested is so designed, located and proposed
to be operated that the public health, safety and welfare will be pro-
tected, and the special use will not cause injury to the value of other
property in the neighborhood in which it is to be located.
(5) The special use requested will be an economically sound and an
esthetically pleasing use of the Premises.
(6) The area for which the special use is requested is an area of the
type referred to in Section VII A-3 of the Ordinance as being par-
ticularly suited for types of dwelling units other than single-family
detached, because characterized by proximity to heavy traffic, the
regional shopping center or light industry.
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Oak Brook, Illinois, that:
Section 1.
Pursuant to Section VII F-2(c) of the Ordinance, the Premises
described in Exhibit A attached hereto and made a part hereof
may be developed as a special use by Oak Brook Development
Company, exclusively, without regard to the provisions of sub-
sections F-3 through F-9, both inclusive, of Section VII and the
provisions of subsection G of Section V of the Ordinance, for:
Single-family detached, attached and semi-detached dwellings,
provided that the gross density of the Premises when fully de-
veloped shall not exceed three dwelling units per acre; the height
of any structure shall not exceed 30 feet; no structure shall con-
tain more than two and one-half stories; the ground floor living
area per dwelling shall not be less than 1, 300 square feet for a
one-story dwelling, and 900 square feet for a dwelling of more
than one story; and off-street parking shall meet the requirements
of Section XI of the Ordinance.
Section 2.
This special use is authorized on the following conditions:
(a) Preliminary Development Plan
(i) Within three (3) months after the issuance of the special use
permit herein authorized, Oak Brook Development Company shall
cause to be prepared and filed with the Village Clerk an application
for approval of a preliminary development plan for the development
of at least fifty (50) acres of the Premises, which plan shall be in
substantial conformance with the plan attached hereto as Exhibit B
and described in the various materials submitted by Oak Brook
Development Company, particularly with regard to site planning,
principal structures, architectural design and general standards
of quality and cost. Said application shall be accompanied by five (5)
copies of each of the following:
(A) The preliminary development plan which shall consist of the following:
1. Preliminary subdivision plat locating and showing lay-
out of streets and drives, public and private, pedestrian
walks, if any, utility easements, land to be preserved as
permanent common open space, and lots and such other
matters as are required by the Oak Brook Subdivision
Regulations Ordinance, being Ordinance No. G-37 of April 10,
1962 (hereinafter referred to as the "Subdivision Ordinance"),
accompanied by an application for approval and the required
filing fees provided by the Subdivision Ordinance;
Z. Preliminary site plan indicating the total ground area
of all buildings will not exceed twenty (20%) per cent of the
total area of the platted land and indicating the arrangement
and tentative location of dwellings, including set-backs from
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streets and drives , and other special features of the plan;
provided that the minimum distance between principal
buildings , as measured between bearing walls , shall be
not less than 20 feet , except that this distance may be
reduced by two (2) feet if one of such walls encloses an
attached garage or carport and by four (4) feet if each
of such walls encloses an attached garage or carport ;
provided further that each principal building shall be set
back at least thirty (30) feet from dedicated public streets ,
provided that any part or all of the information required to be shown on
the preliminary site plan may instead be shown on the preliminary
subdivision plat.
(B) Draft of the proposed protective covenants whereby Oalc Brook
`. Development Company proposes to regulate land use and otherwise
protect the proposed development , which covenants shall contain the
following specific provisions together with such others as the Company
shall deem appropriate:
1 . Title to the common open space shall be held by an
incorporated home owners ' association.
2 . The common open space shall be maintained by said
home owners ' association, and the pro-rated charges
against each owner for the expense of said maintenance ,
if not paid when due, shall be a lien on the property of
said owner within the subdivision, which Lien shall be
subordinate only to bona-fide mortgages existing from
time to time and liens imposed pursuant to municipal,
state or federal law. Property of owners within the sub-
division shall also be subject to similar Liens for other
charges imposed by the association for the expense of
removal of garbage and debris , and the maintenance of
other common services including utilities and street
repairs and clearance.
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In the event that the home owners , association , or any
successor association shall at any time after five (5)
years subsequent to the recording of the declaration of
protective covenants fail to maintain the common open
space in reasonable order and condition in accordance
with the covenants , the Village of Oak Brook or its suc-
cessor may serve written notice upon the association or
upon the residents of the subdivision setting forth the
manner in which the association has failed to maintain
the common open space in reasonable condition , and said
notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof , and
shall state the date and place of a hearing thereon which
shall be held by the Plan Connission within fourteen (14)
days of the notice. At such hearing before the Plan Com-
mission , it may modify the terms of the original notice as
to the deficiencies and may give an extension of time within
which they may be cured . If such deficiencies have not been
cured within said thirty (30) days or any extension thereof ,
the Village , in order to preserve the taxable values of the
properties within the subdivision and to prevent the common
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open space from becoming a public nuisance , may enter upon
said common open space and maintain the same for a period
of one year. Said entry and maintenance shall not vest in the
public any right to use the common space except when
the same is voluntarily dedicated to the public by the owners .
Before the expiration of said year the Village shall , upon its
initiative or upon the request of the association theretofore
responsible for the maintenance of the common open space,
call a public hearing upon notice to such association , or to
the residents of the subdivision, to be held by the Plan Com-
mission, at which hearing such association or the residents
of the subdivision shall show cause why such maintenance by
the Village shall not , at the election of the Village , continue
for a succeeding year. If the Plan Commission shall determine
that such association is ready and able to maintain said common
open space, the Village shall cease to maintain said common
open space at the end of said year . If the Plan Commission
shall determine such association is not ready and able to
maintain said common open space , the Village may, in its
discretion, continue to maintain said common open space
during the next succeeding year and subject to a similar
hearing and determination in each year thereafter. Said
home owners ' association shall reimburse the Village for
all expenses incurred by it in maintaining said common
space. If said association has not paid the Village in full
for all such cost incurred in any such year within ninety
(90) days after the end thereof, then the cost of such main-
tenance not so reimbursed shall be assessed in equal shares
against the lots within the subdivision and shall become a
lien on said properties .
3. The common open space shall not be sold or leased , nor
shall it be improved for other than the common social or
recreational use of the home owners , and dwellings may
not be constructed in said common open space .
4. Appropriate controls regarding sale, transfer , conveyance
or lease of any lots within the subdivision shall be included .
5 . No improvement, addition or exterior remodeling
(subsequent to initial improvement by Oak Brook Development
Company) shall be commenced until approved by the Board
of Directors of the association.
6. Each lot owner with respect to party walls shall be subject
to appropriate provisions regarding use , maintenance and repairs .
7. The covenants shall be recorded in the office of Recorder of
Deeds of DuPage County, Illinois , shall -run with the land , and
shall bind the heirs , administrators , successors and assigns
of the owners of the lots in the subdivision , but no person shall
be personally Liable for any act or omission not taking place
while such person was not an owner .
(C) Drafts of proposed articles of incorporation and by-laws of the home
owners ' association.
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(ii) Said preliminary development plan and accompanying documents
shall be referred to the Plan Commission at least ten ( 10) days in
advance of its next meeting, and the Plan Commission shall notify
Oak Brook Development Company as to the time and place of the
meeting at which it will be afforded an opportunity of being heard.
Within thirty (30) days from the date of filing, said plan, if in
accordance with the provisions of this ordinance and the applicable
provisions of the Subdivision Ordinance, shall be approved, or, if
not in accordance with said provisions, shall be disapproved by the
Plan Commission. When said plan has been acted upon by the Plan
Commission it shall be referred to the Village Board. If the Plan
Commission approves said plan it shall so indicate (approval shall
also be indicated on the preliminary subdivision plat) and, if it dis-
approves such p I a n, it shall furnish the Village and Oak Brook
Development Company a written statement setting forth the reasons
for such disapproval and specifying with particularity the aspects in
which said plan fails to conform to the provisions of this Ordinance
and the applicable provisions of the Subdivision Ordinance. The
Village Board shall accept or reject said plan within thirty (30) days
after the regular stated meeting following the action of the Plan Com-
mission. Approval or acceptance of said plan insofar as it relates to
the preliminary subdivision plat shall be indicated in the manner set
forth in the Subdivision Ordinance. If and when approved, the copies
of said plan shall be distributed as set forth in Section III B-7 of the
Subdivision Ordinance.
(b) Final Development Plan
(i) Within one ( 1) year after the approval of the preliminary develop-
ment plan, Oak Brook Development Company shall cause to be pre-
pared and filed with the Village Clerk an application for approval of
a final development plan for development of that portion of the Premises
covered by the preliminary plan. Said application shall be accompanied
by the following:
(A) The Final Development Plan which shall consist of the following:
1. Final subdivision plat and such other documents as
are required by the Subdivision Ordinance showing such
matters as are required by subsection (a)(i)(A) I of
Section 2 of this Ordinance and by the Subdivision Ordinance,
and indicating any variations from the approved preliminary
subdivision plat;
2. . Final site plan showing such matters as are required by
subsection (a)(i)(A) 2 of Section 2 of this Ordinance, and indi-
cating any variations from the approved preliminary site plan;
provided that any part or all of the information required to be shown on
the final site plan may instead be shown on the final subdivision plat.
(B) Final protective covenants containing specific provisions regard-
ing the matters set forth in subsections (a)(iXC) I through 7 of Section 2
of this Ordinance and such other provisions as are appropriate and
not inconsistent with said subsections.
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(C) Final articles of incorporation and by-Laws .of the home owners '
association.
(ii) The procedure to be followed with regard to approval or dis-
approval of said final subdivision plat shall be as set forth in the
applicable provisions of the Subdivision Ordinance. The final site
plan , protective covenants , and final articles of incorporation and
by-Laws of the home owners ' association shall be referred to the
Plan Commission at Least ten ( LO) days in advance of its next meet-
ing, and the Plan Commission shall notify Oak Brook Development
Company as to the time and place of the Plan Commission meeting
at which it will be afforded an opportunity of being heard . To the
extent that said final site plan does not contain any material vari-
ances from the previously approved preliminary site plan , the Plan
,, Oommission shall give it final approval. Any provisions materially
varying from the previously approved preliminary site plan may not
be given final approval by the Plan Commission, but shall instead be
referred to the Village Board with the recommendations of the Plan
Commission. If the Plan Commission disapproves any such provision,
it shall furnish the Village Board and Oak Brook Development Company
with a written statement specifying with particularity its reasons for
disapproval. The Village Board shall approve and/or disapprove such
provisions within thirty (30) days after its regular stated meeting fol-
Lowing the action of the Plan Commission.
Section 3.
If Oak Brook Development Company shall not (A) (i) file its initial prelim-
inary development plan within three (3) months after the issuance of
the special use permit herein authorized ; and (ii) file a final development
plan as to the property covered 'by said preliminary plan within one (L)
year after the approval of such preliminary plan ; and (iii) begin con-
struction on the Premises within six (6) months after approval of the
initial final development plan; or (B) if no plan filed within two (2)
years after the issuance of the special use permit herein authorized
reasonably conforms to the requirements of this ordinance , the authority
'herein granted for such special use shall terminate and be of no fur-
ther force or effect , and any special use permit issued hereunder
shall be automatically revoked forthwith , such termination and revo-
cation to be effective upon the end of any such period during which the
required act is not performed .
Section 4.
Even though Oak Brook Development Company may proceed with develop-
ment of the Premises in stages so that only a portion of the Premises
(at Least fifty (50) acres , however) is included in its initial preliminary
and final development plans , this special use herein authorized applies
to the entire Premises which is one parcel of land , and any portion sub-
sequently developed , if contiguous to a portion previously developed ,
need not include fifty (50) or any other minimum number of acres of land .
Before proceeding with the development of any portion of the Premises
not included in a previously approved subdivision plat and site plan ,
Oak Brook Development Company shall submit preliminary and final
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development plans , including such matters which have not been pre-
viously approved , and the procedure regarding the approval or
disapproval of such plans shall be the same as hereinabove set
forth in Section 2 of this Ordinance.
Section 5.
Without the consent of the village , neither the Oak Brook Development
Company nor any person or corporation who succeeds to its position as
a developer or operating manager of part or all of the premises whether
such person or corporation holds Legal or beneficial title to the premises
or any portion thereof will Lease for a term of Less than twenty (20)
years , any dwelling unit constructed on the premises ; provided , however,
that the foregoing restriction shall be subject and subordinate to all
mortgages or deeds of trust in the nature of a mortgage now or hereafter
executed encumbering any part or all of the premises nor shall such
restriction supercede or in any way reduce the security or affect the
validity of any such mortgage or deed of trust in the nature of a
mortgage.
Section 6.
A special use permit , a copy of which is attached hereto and made
a part hereof as Exhibit C, t3ontaining the provisions set forth in
Section L hereof and incorporating by reference provisions set forth
in Sections 2 , 31 4 and 5 hereof, is hereby directed to be issued.
Section 7.
This Ordinance shall be in full force and effect from and after its
passage and approval as by statute in such cases made and provided .
Passed and approved by the President and Board of Trustees of the Village
`'of Oak Brook, Illinois, at 9:15 P M. , this jgg5day of 19".
Vote
Ayes :
Nayes : 3 Approved by me this_day of
Absent :
Attest:'•
T. A. Md1h1tnan, President
Lo ra ne E. Fricek, Village Clerk
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EXHIBIT A
That part of Section 27 and the West 1/2 of Section 26, Township 39 North,
Range 11, East of the Third Principal Meridian and also being part of Lots 1
and 2 of Butler Company Base Farm Assessment Plat as per plat thereof
recorded July 8, 1964 as Document No. R64-24073 described as follows:
Beginning at the Southeast corner of Section 27, aforesaid;
thence S. 86' 26115" W. along the South line of said Section 27, a distance
of 263. 45 feet; thence N. 1° 43'40" W. a distance of 177. 64 feet; thence
S 89°21100" W. , a distance of 70. 04 feet to a point of curvature; thence
Northwesterly along the arc of a circle, being convex to the Southwest and
tangent to last described line, having a radius of 350 feet, an arc-distance
of 297. 26 feet; thence N 48°00'41" E• , a distance of 96. 69 feet; thence
N 10°04100" W. , a distance of 389. 49 feet; thence N 19° 27'00" W. ,
a distance of 754. 81 feet; thence N 28°34100" W. , a distance of 549. 70 feet;
thence N 43°47'00" W. , a distance of 321. 34 feet; thence N 7°13'00" E. ,
a distance of 195. 26 feet; thence N 35°52100" W. , a distance of 678. 71 feet;
thence N 80 58'02" E. , a distance of 195. 62 feet; thence N 30°00'00" E. ,
a distance of 150 feet; thence S. 86°33100" E. , a distance of 252 feet;
thence S 44°37100" E. , a distance of 322 feet, thence N 69° 27'00" E. ,
a distance of 196. 50 feet; thence N 8 024100" E. , a distance of 260 feet;
thence N 62°42'00" E. , a distance of 207 feet; thence N 90°00'00 E. ,
a distance of 94 feet; thence S 73°08100" E. , a distance of 103. 50 feet;
thence S 64 021100" E. , a distance of 365 feet; thence S 88°37'30" E. ,
a distance of 308. 85 feet to a point on the center line of Illinois Route 83,
as now platted and recorded; thence S 1°22130" W. , along said Center Line
of Illinois Route 83, a distance of 751 feet to a point of curvature; thence
continuing Southerly along said centerline, which is an arc of a circle,
convex to the Southwest and being tangent to last described line, and having
a radius of 4778. 35 feet (recorded 4774. 74 feet), an arc-distance of
2005. 72 feet (recorded 2005. 59 feet) to a point of tangency: Thence continuing
along said Center Line of Illinois Route 83, S. 22°40130" E. , a distance
of 536. 87 feet to a point on the South line of the W 1/2 of Section 26, afore-
said; thence N 89 040130" West along the South line of said Section 26, a
distance of 668. 55 f eet to the place of beginning (except those parts thereof
heretofore dedicated for Illinois Route 83 per Doc. No. 's 329 930 and 333 674
and for 31st Street per Doc. No. 631 573), containing 84. 1227 acres more or
less, all in DuPage County, Illinois.
EXHIBIT A
SPECIAL USE PERMIT
The Premises described in Exhibit "A" attached hereto and made
a part hereof may be developed as a special use by Oak Brook
Development Company exclusively, without regard to the provisions
of subsections F-3 through F-9 , both inclusive , of Section VII and
the provisions of subsection G of Section V, of the Ordinance, for:
Single-family detached , attached and semi-detached
dwellings , provided that the gross density of the
Premises when fully developed shall not exceed three
dwelling units per acre; the height of any structure
shall not exceed 30 feet; no structure shall contain
more than two and one-half stories ; the ground floor
Living area per dwelling shall not be Less than L,300
square feet for a one-story dwelling, and 900 square
feet for a dwelling of more than one story; and off
-- street parking shall meet the requirements of Section
XI of the Ordinance.
This permit is subject to the subsequent compliance with the re-
quirements of Sections 2 , 3 , 4 and 5 of the Ordinance authorizing
this special use, Ordinance No ._ C" °
, adopted and
approved by the President and Board of rustees of the Village of
Oak Brook, Illinois , on the f 9'ALday of December , L966.
Exhibit C