S-1335 - 04/10/2012 - ZONING - Ordinances(Above Space For Recorder's Office C
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2012- ZO- V -EX -S -1335 AN ORDINANCE AMENDING AN EXISTING
SPECIAL USE PERMIT RELATING TO RECREATIONAL FACILITIES IN CENTRAL PARK TO
INCORPORATE THE OAK BROOK PARK DISTRICT'S FIRST MASTER PLAN AND TO IMPLEMENT
PHASE ONE IMPROVEMENTS IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address /es 1300 —1500 Forest Gate Road, in The Village Of Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06 -26- 303 -001, 06 -26- 303 -002, 06 -26- 303 -003, 06 -26- 303 -004
Name and Address of Applicant: Oak Brook Park District
Laure Kosev. Executive Director
1450 Forest Gate Road
Oak Brook, IL 60523
Name and Address of Responsible: Same as above
Party to Receive Cop
Recorded Document
G/L Account to be charged: 10 -1365
Prepared By and Return to: (1200 Village of Oak Brook
Oak Brook Road
Oak Brook, Illinois 60523 -2255
Name & Address of Recipient
of Consideration (when applicable):
G/L Account to be charged:
-7
ORDINANCE 2012- ZO- V -EX -S -1335
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATING TO RECREATIONAL FACILITIES IN CENTRAL PARK
TO INCORPORATE THE OAK BROOK PARK DISTRICT'S FIRST MASTER PLAN
AND TO IMPLEMENT PHASE ONE IMPROVEMENTS
(Central Park, 1300 -1500 Forest Gate Road, Oak Brook, Illinois 60523
PINs: 06 -26- 303 -001 to 06 -26- 303 -004)
WHEREAS, pursuant to Ordinance 94 -ZO -S -791 ( "SUP Ordinance "), on December 19, 1994,
the President and Board of Trustees granted Oak Brook Park District's ( "District') request for a special
use to permit the construction of a Family Recreation /Administration Center ( "Center") in Central Park,
the location of which is legally described in Exhibit A ( "Subject Property'); and
WHEREAS, on July 8`", 2003, pursuant to Ordinance 2003- ZO- SU -EXI -S -1043, the President
and Board of Trustees granted an amendment to the SUP Ordinance to permit construction of a 10,000
square foot addition to the Center on the Subject Property; and
WHEREAS, on July 13, 2004, pursuant to Ordinance 2004- ZO- SU -EX -1 -1075, the President and
Board of Trustees granted a second amendment to the SUP Ordinance to permit the construction of a
4,800 square foot splash park/pad ( "Splash Park') and playground equipment; and
WHEREAS, the District has Developed a Master Plan ( "Plan") for the Subject Property that
includes three phases of improvements; and
WHEREAS, phase one of the Plan includes construction of a synthetic soccer field, sledding hill,
connections to existing paths, a new maintenance facility, and improvements to the Splash Park
(collectively, "Phase One Improvements "); and
WHEREAS, the District has filed an application requesting an amendment to the SUP Ordinance
to incorporate the Plan and implement the Phase I Improvements ( "SUP Amendment"); and
WHEREAS, on February 20, 2012, pursuant to due and appropriate legal notice, the Village's
Plan Commission conducted a public meeting on the request for the SUP Amendment, and on February
21, 2012, issued a letter to the President and Board of Trustees recommending approval of the SUP
Amendment; and
WHEREAS, on March 6, 2012, pursuant to due and appropriate legal notice, the Zoning Board of
Appeals conducted a public hearing on the request for the SUP Amendment, and on March 21, 2012,
issued a letter to the President and Board of Trustees recommending approval of the SUP Amendment;
and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Plan Commission and the Zoning Board of Appeals and deem adoption of the SUP Amendment as
provided in this Ordinance to be in the best interests of the Village.
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:
Ordinance 2012- ZO -V -EXS -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 2 of 9
Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of SUP Amendment. Pursuant to the standards set forth in Section 13-14 -
9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in
Section 3 of this Ordinance, the SUP Amendments are hereby granted to incorporate the Plan and
implement the Phase One Improvements.
Section 3. Conditions. Pursuant to Section 13 -14 -9F of the Zoning Regulations, the
approvals granted in Section 2 of this Ordinance are expressly subject to and contingent upon each of the
following conditions:
A. Substantial Conformance with Phase One Plan. The Subject property must be developed,
used and maintained in substantial conformance with the Phase One Improvements site plan,
attached hereto and incorporated herein as Exhibit B ( "Site Plan ").
B. SUP Ordinance Otherwise Is Effective. All other provisions of the SUP ordinance remain in
full force and effect.
C. Compliance with Applicable Law. In addition to the specific requirements of this Ordinance,
the District's operations and activities conducted on and in the Subject Property must comply
at all times with all applicable federal, state and Village statutes, ordinances, resolutions,
rules, codes and regulations.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the District to comply
with any or all of the conditions, restrictions, or provisions of this Ordinance, the SUP Amendment granted
in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by
ordinance duly adopted, be revoked and become null and void.
Section 5. Binding Effect: Non - Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of the District,
unless otherwise explicitly set forth in this Ordinance.
Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall
be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak
Brook in the manner required by law; and
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the District with the Village Clerk, for recording in the Office
of the DuPage County Recorder of Deeds, of an unconditional
agreement and consent to accept and abide by each and all of the terms,
conditions, and limitations set forth in this Ordinance. The unconditional
agreement and consent must be executed by the District. The
unconditional agreement and consent must be substantially in the form
attached hereto and incorporated herein as Exhibit C ( "Unconditional
Agreement and Consent').
Ordinance 2012- ZO- V -EX -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 3 of 9
B. In the event that the District does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A(iii) of this Ordinance within 60 days after the
date of final passage of this Ordinance, the Board of Trustees will have the right, in its sole
discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS W day of April, 2012.
Ole
Gopal G. Lalmalani
Village President
PASSED THIS 10`" day of April, 2012.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
ATTEST:
Charlotte K. Pruss
Village Clerk
3
Ordinance 2012 - ZO- V -EX -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION
Property:
That part of Lot 1 in Oak Brook Investment Company Assessment Plat No. 3, of parts of Section 26,
Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded
July 23, 1964 as Document No. R64 -26333 described as follows:
LOT #1
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees- 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 Degrees - 06- 40" West, a distance of
80.00 feet; thence North 89 Degrees - 40'- 30" West, and parallel with the South line of Lot 1, a distance
of 100.00 feet to the place of beginning; thence North 0 degrees - 05' - 40" West, a distance of 1122.50
feet; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70 degrees - 48'
West, a distance of 324.80 feet; thence North 63 degrees - 49'- West, a distance of 256.19 feet; thence
North 81 degrees - 09' West, a distance of 231.71 feet; thence South 89 degrees - 42' West, a distance of
842.44 feet; thence South 75 degrees -20' West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69 -1030; thence Southerly along
the East line of land conveyed to the State of Illinois per Document No. R69 -1030 the following three (3)
courses or curves and distances: (1) thence Southerly along an arc of a circle, having a radius of 4658.35
feet (4654.65 feet Deed), being convex to the West, the chord thereof having a bearing of South 2
degrees - 46' - 57" East, and a length of 397.63 feet, an arc - distance of 397.75 feet; (2) thence South 9
degrees- 21' - 58" East, a distance of 195 feet; (3) thence Southerly along an arc of a circle, having a
radius of 4648.35 feet (4644.65 feet Deed), being convex to the West, the chord thereof having a bearing
of South 12 degrees - 09' - 31" East, and a length of 734.61 feet an arc distance of 735.37 feet to the
intersection with the South line of Lot 1, aforesaid; thence South 89 degrees - 40' -30" East along the
South line of said Lot 1, a distance of 1144.17 feet more or less to a point, which is 1080.84 feet Westerly
of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius of 1487
feet, being convex to the East, the chord thereof having a bearing of North 8 degrees - 00'- 34" West and
a length of 80.85 feet, an arc - distance of 80.86 feet; thence South 89 degrees - 40' - 30" East, and
parallel with the South line of Lot 1, aforesaid, a distance of 813.12 feet to the place of beginning, (except
that part thereof described as follows:
LOT #3
Commencing at the Southeast comer of said Lot 1; thence North 89 degrees - 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' - 40" West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West, and parallel with the South line of Lot 1, a distance
of 846.17 feet to the place of beginning; thence continuing North 89 degrees - 40'30" West and parallel
with the South line of said Lot 1, a distance of 620 feet; thence North 4 degrees - 21' West, a distance of
845.91 feet; thence South 89 degrees - 40'- 30 ' East and parallel with the South line of said Lot 1, a
distance of 620 feet; thence South 4 degrees - 21' East, a distance of 845.91 feet to the place of
beginning;) and (except that part thereof described as follows:
LOT #4
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05'- 40" West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West, and parallel with the South line of Lot 1, a distance
of 913.12 feet to the place of beginning; thence continuing North 89 degrees - 40' - 30" West and parallel
with the South line of said Lot 1, a distance of 553.05 feet; thence North 4 degrees - 21' West, a distance
El
Ordinance 2012- ZO- V -EX -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 5 of 9
of 467.36 feet; thence North 89 degrees — 40 degrees- 30" West and parallel with the South line of said
Lot 1, a distance of 672.89 feet more or less to a point on the Easterly boundary line of land conveyed to
the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9,
1969 as Document No. R69 -1030; thence Southerly along said Easterly line of land conveyed to the State
of Illinois per Document No. R69 -1030, being an arc of a circle, having a radius of 4648.35 feet (4644.65
feet Deed), being a convex to the West, having a chord bearing of South 13 degrees - 13'- 43" East and
a length of 561.44 feet, an arc - distance of 1144.17 feet more or less to a point, which is 1080.84 feet
Westerly of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius
of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8 degrees - 00' - 34"
West and a length of 80.85 feet, an arc - distance of 80.86 feet to the place of beginning;) containing
44.0000 Acres more or less, in DuPage County, Illinois.
LOT #2
That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of Section 26,
Township 39 North, Range 11, East of the 3rd Principal Meridian, according to Plat thereof recorded July
23, 1964 as Document No. R64 -26333 described as follows:
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40 ' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' - 40" West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West and parallel with the South line of said Lot 1, a
distance of 100.00 feet; thence North 0 degrees - 05'- 40" West, a distance of 1122.50 feet to the place of
beginning; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70 degrees -
48' West, a distance of 324.80 feet; thence North 63 degrees - 49' West, a distance of 256.19 feet; thence
North 81 degrees - 09' West, a distance of 231.71 feet; thence South 89 degrees - 42' West, a distance of
842.44 feet; thence South 75 degrees - 20' West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69 -1030; thence Northerly along
said Easterly line of land conveyed to the State of Illinois per Document No R69 -1030, being an arc of a
circle, having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof
having a bearing of North 0 degrees - 20'- 38" East, a chord and arc - distance of 110.60 feet to a point in
the center of Ginger Creek; thence Easterly along the center thread of Ginger Creek the following
seventeen (17) courses and distances:
(1) North 63 degrees - 50' East, a distance of 61.97 feet; (2) thence North 73 degrees - 38' East, a
distance of 226 feet; (3) thence North 78 degrees - 02' East, a distance of 220 feet, (4) thence South 88
degrees - 54' East, a distance of 562 feet; (5) thence North 70 degrees - 27' East, a distance of 36 feet;
(6) thence North 88 degrees - 29' feet East, a distance of 284 feet; (7) thence South 81 degrees - 57'
East, a distance of 218 feet; (8) thence North 88 degrees - 30' East, a distance of 40 feet; (9) thence
South 39 degrees - 14' East, a distance of 72 feet ; (10) thence North 75 Degrees - 39 feet East, a
distance of 74 feet; (11) thence South 27 degrees - 19' East, a distance of 60 feet; (12) thence South 79
degrees - 02' East, a distance of 111 feet; (13) thence South 69 degrees - 08' East, a distance of 55 feet;
(14) thence South 83 degrees - 09' East, a distance of 73 feet; (15) thence South 77 degrees - 19' East,
a distance of 70 feet; (16) thence South 35 degrees - 08' East, a distance of 80 feet; (17) thence South
55 degrees - 08' East, a distance of 41.32 feet more or less to a point located 98.19 feet North 0 degrees
- 05'40" West of the place of beginning, thence South 0 degrees - 05'- 40" East, a distance of 98.18 feet
to the place of beginning; containing 6.0000 Acres more or less, in DuPage County, Illinois.
Also described as
Lot 2 in Autumn Oaks Unit One, being a subdivision of part of Section 26, Township 39 North, Range 11,
East of the Third Principal Meridian according to Plat thereof recorded February 1, 1973 as document
No. R73 -5825 in Du Page County, Illinois.
Permanent Parcel # 06 -26- 303 -001; 06 -26- 303 -002; 06 -26- 303 -003; 06 -26- 303 -004
Ordinance 2012- ZO- V -EX -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 6 of 9
EXHIBIT B
SITE PLAN
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Ordinance 2012- ZO- V -EX -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ( "Village ")
WHEREAS, pursuant to Ordinance 94 -ZO -S -791 ( "SUP Ordinance"), on December 19, 1994,
the President and Board of Trustees granted Oak Brook Park District's ( "District') request for a special
use to permit the construction of a Family Recreation /Administration Center ( "Center') in Central Park,
the location of which is legally described in Exhibit A ( "Subject Property'); and
WHEREAS, the District has Developed a Master Plan ( "Plan ") for the Subject Property that
includes three phases of improvements; and
WHEREAS, phase one of the Plan includes construction of a synthetic soccer field, sledding hill,
connections to existing paths, a new maintenance facility, and improvements to the Splash Park
(collectively, "Phase One Improvements "); and
WHEREAS, the District has filed an application requesting an amendment to the SUP Ordinance
to incorporate the Plan and implement the Phase I Improvements ( "SUP Amendment"); and
WHEREAS, Ordinance 2012- ZO- V -EX -S -1335, adopted by the President and Board of Trustees
of the Village of Oak Brook on April 10, 2012, ( "Ordinance ") grants approval of the SUP Amendments,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the District files with the Village Clerk, within 60 days following
the passage of the Ordinance, its unconditional agreement and consent to accept and abide by each of
the terms, conditions and limitations set forth in said Ordinance;
NOW, THEREFORE, the District does hereby agree and covenant as follows:
1. The District hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The District acknowledges that public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for
in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural
infirmity or a denial of any procedural right.
3. The District acknowledges and agrees that the Village is not and will not be, in any way, liable for
any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the
use of the Subject Property, and that the Village's issuance of any such permits does not, and will not, in
any way, be deemed to insure the District against damage or injury of any kind and at any time.
4. The District agrees to and does hereby hold harmless and indemnify the Village, the Village's
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of
such parties in connection with the operation and use of the Subject Property, or the Village's adoption of
the Ordinance.
Dated: May 1. , 2012.
Ordinance 2012- ZO-V -FCC -S -1335
Amending a Special Use Amendment Relating to Central Park
Oak Brook Park District
For 1300 -1500 Forest Gate Road
Page 8 of 9
ATTEST: Oak Brook Park District
By:
Irmo. President
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the
Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 10, 2012 the corporate authorities of
the above municipality passed and approved:
ORDINANCE 2012- ZO- V -EX -S -1335
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATING TO RECREATIONAL FACILITIES IN CENTRAL PARK
TO INCORPORATE THE OAK BROOK PARK DISTRICT'S FIRST MASTER PLAN
AND TO IMPLEMENT PHASE ONE IMPROVEMENTS
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 9th day of August 2Q1?
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois