Loading...
S-1116 - 04/26/2005 - ZONING - Ordinancesn �v` v ORDINANCE 2005- ZO -V -S -1116 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT, SIGN HEIGHT, INTERIOR PARKING LOT LANDSCAPING AND OFF - STREET PARKING REGULATIONS (3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523) (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations, and WHEREAS, NAI Hiffman ( "Petitioner "), the developer of the project, known as the Oak Brook Promenade, on behalf of St Paul Properties, Inc, the owners of certain property, commonly known as 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523 and legally described as follows PARCEL 1 06 -28- 103 -009 LOT 2 OF BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 EXCEPT THE WESTERLY 265 FEET THEREOF AS MEASURED ALONG THE NORTHERLY LINE THEREOF, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS THAT PART OF LOT 2, AFORESAID, IN THE NORTH HALF OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 IN DUPAGE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS J COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF F A ROUTE 131 WITH THE EXISTING CENTER LINE OF MEYERS ROAD, THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 55 4 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF MEYERS ROAD FOR A POINT OF BEGINNING, THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 58 DEGREES 25 MINUTES 31 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 361 1 FEET TO A POINT, SAID WEST RIGHT OF WAY LINE BEING THE EAST LINE OF THE CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 46940 PROPERTY, THENCE NORTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES 08 MINUTES 00 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 347 5 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF F A ROUTE 131, THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 27 5 FEET TO THE POINT OF BEGINNING, BEING THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT R74 -38411 t Ordinance 2005- ZO -V -S- Granting Variations from Title 13 re Oak Brook Promenade, 3001 -3003, 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 2 of 7 PARCEL 2 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82 5 FOOT RIGHT OF WAY KNOWN AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1 (PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069, IN DUPAGE COUNTY, ILLINOIS, ALSO DESCRIBED AS FOLLOWS THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63, AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING, THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, AS RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069), 517 90 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY LINE-OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL NO E -2 -63 5, THENCE SOUTH 04 DEGREES 30 MINUTES 01 SECOND WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, 94 36 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID NORTHWESTERLY LINE, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2- 63 5, 465 95 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE AFOREMENTIONED EASTERLY LINE OF LOT 1 IN GLIDDEN SUBDIVISION WITH SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1 IN GLIDDEN SUBDIVISION 82 73 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 3 06 -28- 103 -005 LOT 1 IN GLIDDEN SUBDIVISION NO 1, BEING A SUBDIVISION OF THE WESTERLY 265 FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF, OF LOT 2 IN BUTLER COMPANY M -1 INCORPORATED ASSESSMENT PLAT NO 2 OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID GLIDDEN SUBDIVISION NO 1 RECORDED OCTOBER 3, 1969 AS DOCUMENT R69- 43878, IN DUPAGE COUNTY, ILLINOIS PARCEL 4 06 -28 -103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63 AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN.25,2006 3:22 PM OTHER 06-28-103-009 009 PAGES R2006- 016206 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2005-ZO-V-S-1116 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT, SIGN HEIGHT, INTERIOR PARKING LOT LANDSCAPING AND OFF-STREET PARKING REGULATIONS Property Address/es 3001-3003 & 3121 BUTTERFIELD RD., AND VACANT PARCEL 5 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) AT BUTTERFIELD RD. AND MEYERS RD., DUPAGE COUNTY, ILLINOIS Pin/s Number 06-28-103-009 AND 06-28-103-014 06-28-103-005 AND 06-28-103-018 AND 06-28-103-019 Name & Address of Applicant: NAI HIFFMAN ONE OAKBROOK TERRACE, SUITE 600, OAKBROOK TERRACE, IL 60181 Name & Address of Responsible NAI HIFFMAN Party to Receive Copy of ONE OAKBROOK TERRACE, SUITE 600 Recorded Document and Billing: OAKBROOK TERRACE, IL 60181 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: Ordinance 2005- ZO -V -S- Granting Variations from Title 13 re Oak Brook Promenade, 3001 -3003, 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 3 of 7 BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 AND PROCEEDING SOUTH 28 DEGREES 48 MINUTES EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, A DISTANCE OF 82 73 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL E -2 -63 5, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY LINE 265 61 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1, INC ASSESSMENT PLAT NO 2 RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 AND THE AFOREMENTIONED NORTHERLY LINE, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG SAID SOUTHERLY EXTENSION, 82 73 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 2 IN THE AFOREMENTIONED BUTLER COMPANY ASSESSMENT PLAT (SAID CORNER BEING ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY PARCEL NO NIG 2 -63), THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE (SAID LINE BEING COINCIDENT WITH THE SOUTH LINE OF AFOREMENTIONED LOT 2), 265 61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 5 06 -28- 103 -018 and 06 -28- 103 -019 THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS BEGINNING AT THE EASTERLY MOST NORTHEAST CORNER OF LOT 5 IN HOMESTEAD VILLAGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 28 AND SECTION 29, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1998 AS DOCUMENT R98- 179522, SAID POINT OF BEGINNING BEING ON THE SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 950269, THENCE NORTH 65 DEGREES 32 MINUTES 08 SECONDS EAST (NORTH 65 DEGREES, 37 MINUTES EAST, RECORD) ALONG SAID SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, A DISTANCE OF 451 02 FEET (450 89 FEET RECORD) TO THE EASTERLY LINE OF SAID NORTHERLY ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, THENCE NORTH 04 DEGREES 34 MINUTES 53 SECONDS EAST (NORTH 04 DEGREES 47 MINUTES EAST, RECORD) ALONG SAID EAST LINE OF THE NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, AND ALONG AN EASTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 24069, A DISTANCE OF 191 20 FEET (191 21 FEET RECORD) TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, THENCE SOUTH 85 DEGREES 23 MINUTES 50 SECONDS EAST (SOUTH 85 DEGREES 13 MINUTES EAST RECORD), ALONG A SOUTHERLY LINE OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, A DISTANCE OF 100 00 FEET TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, SAID POINT BEING ON THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO E -2 -63 1 ACCORDING TO DOCUMENT NO 846924, THENCE SOUTH 04 Ordinance 2005- ZO -V -S- Granting Variations from Title 13 re Oak Brook Promenade, 3001 -3003, 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 4 of 7 DEGREES 35 MINUTES 51 SECONDS WEST (SOUTH 04 DEGREES 47 MINUTES WEST, RECORD) ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO E -2 -63 1, AND ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1 LOT 8 -2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 28042, A DISTANCE OF 250 00 FEET TO THE NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST (SOUTH 65 DEGREES 37 MINUTES WEST, RECORD) ALONG SAID NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, A DISTANCE OF 349 98 FEET TO THE SOUTHEASTERLY CORNER OF TECHNOLOGY DRIVE AS DEDICATED BY THE PLAT OF SAID HOMESTEAD VILLAGE, THENCE THE FOLLOWING SIX (6) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHERLY LINE OF SAID TECHNOLOGY DRIVE 1) THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) A DISTANCE OF 97 36 FEET TO THE NORTHEAST CORNER OF SAID TECHNOLOGY DRIVE, 2) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 80 00 FEET, 3) THENCE SOUTH 24 DEGREES 22 MINUTES 20 SECONDS EAST (SOUTH 25 DEGREES 41 MINUTES 17 SECONDS EAST, RECORD) A DISTANCE OF 15 00 FEET, 4) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 4 75 FEET, 5) THENCE SOUTH 13 DEGREES 41 MINUTES 39 SECONDS WEST, (SOUTH 12 DEGREES 00 MINUTES 14 SECONDS WEST, RECORD) A DISTANCE OF 20 78 FEET, 6) THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST, (SOUTH 64 DEGREES 13 MINUTES 11 SECONDS WEST, RECORD) A DISTANCE OF 62 44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5 IN HOMESTEAD VILLAGE, THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) ALONG THE EASTERLY MOST LINE OF SAID LOT 5, A DISTANCE OF 33 80 FEET TO SAID POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS WHEREAS, the Petitioners- have submitted Petitions requesting setback and several other variations for the Subject Property, and WHEREAS, on February 1 and February 15, 2005, the Zoning Board of Appeals conducted a public hearing at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid Petitions, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and found that the petitioner addressed the factors as required by the Zoning Ordinance for approval of variations and that the variations would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variations 1) A variation from the provisions of Section 13- 7A -3(C) (1) (c), Lot Area Requirement, reducing the required sixty foot (60') setback from the right -of -way to a fifty foot (50') setback, Ordinance 2005- ZO -V -S- Granting Variations from Title 13 re Oak Brook Promenade, 3001 -3003, 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 5 of 7 2) A variation from the provisions of Section 13- 11 -7(A) 4, Sign Height, reducing the requirement that all building signs not extend outwards more than twelve inches (12 ") or project higher than thirty feet (30') to an extension outwards of not more than thirty inches (30 ") and a height of up to thirty- six feet (36'), 3) A variation from the provisions of Section 13 -12 -3 (C), Off Street Parking Regulations — Size and Aisles, reducing the twenty -seven foot (27') parking aisles to twenty -four foot (24') drive aisles, 4) A variation from the provisions of Section 13 -12 -3 (E) -4, Off Street Parking Regulations — Access, reducing the required four hundred feet (400') of spacing between separate driveway entrances between Entry A and Entry B to two hundred, ninety -two feet (292') and between Entry B and Entry C to three hundred, forty feet (340'), 5) A variation from the provisions of Section 13 -12 -3 (H), Off Street Parking Regulations — In Yards, requiring that parking spaces be no less than ten feet (10') from the nearest lot line, 6) A variation from the provisions of Section 13 -12 -4 (C), Design and Maintenance — Interior Parking Lot Landscaping, described below a To increase the number of parking bays from three (3) to four (4) to the west of Building "B" without the required divider every three (3) bays, b To decrease the requirement of at least one (1) tree be located in the area of every fifteen (15) parking spaces or every forty feet (40'), c To be allowed to plant ornamental trees above the underground parking garage and within the Commonwealth Edison easement instead of interior shade trees, WHEREAS, the Zoning Board of Appeals recommended approval of the above requested variations, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation, and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS Section 1 That the recitals hereto are incorporated as part of this ordinance Section 2 A variation from the provisions of Section 13- 7A- 3(C)(1)(c) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow for a fifty foot (50') setback from the right -of -way Section 3 A variation from the provisions of Section 13- 11 -7(A) 4 of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow a sign extension of not more than thirty inches (30 ") and a sign height of up to thirty -six feet (36') Ordinance 2005- ZO -V -S- Granting Variations from Title 13 re Oak Brook Promenade, 3001 -3003, 3121 Butterfield Road, Oak Brook, IL, (06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 6 of 7 Section 4 A variation from the provisions of Section 13 -12 -3 (C) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow for twenty -four foot (24') drive aisles Section 5 A variation from the provisions of Section 13 -12 -3 (E) -4 of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow for two hundred, ninety -two feet (292') of spacing between Entry A and Entry B and three hundred, forty feet (340') between Entry B and Entry C Section 6 A variation from the provisions of Section 13 -12 -3 (H) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow for parking on the western side yard and southwestern rear yards Section 7 A variation from the provisions of Section 13 -12 -4 (C) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow the following 1 To provide four (4) parking bays to the west of Building "B ", 2 Will not be required to provide one (1) tree for every fifteen (15) parking spaces or every forty feet (40') However, they will exceed the overall tree requirements for the project and will provide larger than the required four inch to six inch (4 " -6 ") caliper shade trees required by Code 3 To plant ornamental trees above the underground parking garage and within the Commonwealth Edison easement Section 8 The above variations must be in substantial conformance with the Overall Site Summary dated January 10, 2005, as shown as Exhibit 5 of the Booklet, on file with the Village and hereby approved Section 9 This Ordinance is limited and restricted to the property legally described herein Section 10 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict Section 11 Notwithstanding the approval herein of the above - mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits Section 12 This ordinance shall be in full force and effect from and after its passage and approval as required by law, subject to the approval of the annexation of Parcel 5 to the Village of Oak Brook and approval and establishment of the Promenade Tax Increment Financing District and a Redevelopment Agreement by and between the Village and Petitioner, or waiver of this requirement by Petitioner, on or before December 31, 2005 APPROVED THIS 26th day of April 2005 v e K9,6n Quinlan, Village Preside t Ordinance z000-ZO-v-S' aranunqvoriationsonm Title 1om Oak Brook Promenade, 0001'0000.u121 Butterfield Road, Oak Brook, IL, (06-28'103'00e. 06-28'103-014. 06-28-103'005. 06'28-103-018. 06'28'103'01e) Page 7o,7 PASSED THIS 26tb day of April 72005 Ayes Trustees Aktipis, Cal eel, Craig, Korin, Yusuf and % i Nays Absent None VD IV ATTEST Village Clerk STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, 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 26, 2005 , the corporate authorities of the above municipality passed and approved Ordinance 2005-Z0-V-S-1116 9 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT, SIGN HEIGHT, INTERIOR PARKING LOT LANDSCAPING AND OFF-STREET PARKING REGULATIONS 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 16th day of January , 20 06. OF OA !Cy 1-'r kx�v et,'` pill -6i4.O-- � S,/ Linda K. Gonnella,CMC „ ti w l Village Clerk '',� x,471 �`� Village of Oak Brook DuPage and Cook Counties,IL