S-1121 - 06/06/2005 - TAX - OrdinancesORDINANCE 2005- TIF -EX4 -S -1121
AN ORDINANCE DESIGNATING THE VILLAGE
OF OAK BROOK TIF #1 BUTTERFIELD- MEYERS
ROAD REDEVELOPMENT PROJECT AREA
WHEREAS, it is desirable and for the best interests of the citizens of the Village of Oak
Brook, Cook and DuPage Counties, Illinois (the "Village"), for the Village to implement taxr
increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act,
Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"), for a
redevelopment plan and redevelopment project (the "Plan " and "Project") within the municipal
boundaries of the Village and within a proposed redevelopment project area (the "Project
Area ") described in Section 1 of this ordinance; and
WHEREAS, the President and Board of Trustees of the Village (the "Corporate
Authorities") have heretofore by ordinance adopted and approved the Plan and Project, which
Plan and Project were identified in such ordinance and were the subject, along with the Project
Area designation hereinafter made, of a public hearing held on the 10th day of May, 2005, and it
is now necessary and desirable to designate the Project Area as a redevelopment project area
pursuant to the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, COOK AND DUPAGE COUNTIES,
ILLINOIS, as follows:
Section 1. Area Designated. The Project Area, as described in EXHIBIT A attached
hereto and incorporated herein as if set out in full by this reference, is hereby designated as a
redevelopment project area pursuant to Section 11- 74.4 -4 of the Act. The street location (as near
as practicable) for the Project Area is described in EXHIBIT B attached hereto and incorporated
herein as if set out in full by this reference. The map of the Project Area is depicted on
EXHIBIT C attached hereto and incorporated herein as if set out in full by this reference.
Section 2. Invalidity of Any Section. If any' section, paragraph or provision of this
ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this ordinance.
Section 3 Determination of Total Initial Equalized Assessed Valuation; Parcel
Identification Numbers Identified. It is hereby expressly found and determined that the year the
County Clerk of the County of DuPage, Illinois (the "County Clerk ") shall use for determining
the total initial equalized assessed valuation of the Project Area is . It is further
hereby expressly found and determined that the list of the parcel tax identification numbers for
each parcel of property included in the Project Area is attached hereto as EXHIBIT D and included
herein by this reference is a true, correct and complete list of said numbers for said parcels of
property.
Ordinance 2005 - TIF- EX4-S -1121
Designating TIF #1 Butterfield- Meyers Road
Redevelopment Plan & Project Page 2 of 2
Section 4. Superseder and Effective Date. All ordinances, resolutions, motions or
orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict,
and this ordinance shall be in full force and effect irmnediately upon its passage by the Corporate
Authorities and approval as provided by law.
Section 5. Transmittal to County Clerks. The Village Clerk is hereby expressly
directed to transmit forthwith to the Cook County Clerk and DuPage County Clerk a certified
copy of this ordinance, which is hereby expressly found to include a legal description of the
Project Area, a map of the Project Area, identification of the year that the County Clerks shall
use for determining the total initial equalized assessed value of the Project Area and a list of the
parcel of tax identification number of each parcel of property included in the Project Area.
APPROVED THIS 6th day of June, 2005.
PASSED THIS 6t11 day of June, 2005.
Ayes: Trustees Craig, Kennedy, Sanford and Yusuf
Nays: None
Absent: None Recuse: Trustees Aktipis and Manofsky
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ATTEST:
Linda K. Gonnella, CMC
Village Clerk
EXHIBIT A - LEGAL DESCRIPTION
Commonly known as: 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois
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:
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.
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. 21 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
-2-
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:
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 19 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 89 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
-3-
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 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
-4-
DISTANCE OF 33.80 FEET TO SAID POINT OF BEGINNING, IN DUPAGE
COUNTY, ILLINOIS.
-5-
EXIHIBIT B - STREET LOCATION
The Project Area contains acres. The street location of the Project Area is:
EXHIBIT C - MAP
EXHIBIT D
]LIST OF PARCEL IDENTIFICATION NUMBERS
-2-
EXHIBIT A
2. PROJECT AREA DESCRIPTION
The proposed boundaries of the Village of Oak Brook TIF # 1 Oak Brook Promenade
Redevelopment Project Area are shown in Figure 1: Redevelopment Project Area Boundary
Map (see Appendix A). The Project Area is approximately 19.7 acres in size. A legal description
of the Project Area is included as Appendix B of this document. The Project Area includes only
those contiguous parcels that are anticipated to be substantially benefited by the proposed
redevelopment project improvements and, which, collectively qualify for designation as a
"blighted area."
The Project Area is irregular in shape and is generally bounded by Butterfield Road on the north,
Meyers Road on the east, I-88 East-West Tollway on the south and the Commonwealth Edison
substation on the west. The property is designated as ORA-1 on Oak Brook's official zoning
map which allows for a variety of retail and office uses. A zoning application is currently being
considered by the Village to rezone the Project Area to B-1 Local Shopping Center District.
Community Context
The Project Area is part of Oak Brook's Butterfield Road business and commercial area. The
Commonwealth Edison substation immediately to the west of the Project Area forms a portion of
Oak Brook's western boundary. The Butterfield Road corridor is developed primarily with
commercial retail and office developments in Oak Brook, Oakbrook Terrace and Lombard.
The Illinois Tollway right-of-way separates the Project Area from residential uses to the south.
The land use pattern to the north of the Project Area includes Fountain Square Plaza, a retail and
restaurant development within the Village of Lombard and the Oak Brook Towers residential
complex at the northeast corner of Butterfield and Meyers Road. Office uses are located
immediately to the east of the Project Area at the southeast corner of the Butterfield and Meyers
Road intersection.
Current Land Use and Community Facilities
The current land use within the Project Area consists of three office buildings located on two tax
parcels. There are two three-story buildings that were built in 1978 and a one-story brick
warehouse and office building built in 1969. Over the past few years the occupancy rate of the
buildings has dropped below 30%, with approximately 140,000 square feet of office space
advertised as for lease within the Project Area. The current configuration of land use is
represented in Figure 2, Existing Land Use (see Appendix A). The Project Area is currently
zoned ORA-1, which accommodates a variety of office and commercial uses.
5 February 2005
EXHIBIT B-STREET LOCATION
The Project Area contains acres. The street location of the Project Area is:
EXHIBIT B
STREET LOCATION
The Project Area is approximately 18.5 acres and is bounded by I-88 on the south,
Meyers Road to the east,Butterfield Road to the north, and the ComEd substation to the
west and is commonly known as:
3001-3003 Butterfield Road
Oak Brook, Illinois 60523
3121 Butterfield Road
Oak Brook, Illinois 60523
Butterfield Road
Oak Brook, Illinois 60523
EXHIBIT C-MAP
EXHIBIT
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FIGURE 1:
REDEVELOPMENT PROJECT AREA BOUNDARY MAP
VILLAGE OF OAK BROOK TIF # 1 PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING
REDEVELOPMENT PLAN AND PROJECT CAM I kOS
EXHIBIT D-PLAN AND PROJECT
EXHIBIT
VILLAGE OF OAK BROOK TIF #1
OAK BROOK PROMENADE
TAX INCREMENT FINANCING
REDEVELOPMENT PLAN AND PROJECT
Prepared for the
Village of Oak Brook
By:
Camiros, Ltd.
February 2005
This plan is subject to review and may be revised after comment and public hearing
TABLE OF CONTENTS
1. INTRODUCTION................................................. ..................................................................1
2. PROJECT AREA DESCRIPTION............................................................................................5
3. ELIGIBILITY OF THE PROJECT AREA FOR DESIGNATION ..........................................7
AS A BLIGHTED AREA
4. REDEVELOPMENT PLAN GOALS AND OBJECTIVES.....................................................9
5. REDEVELOPMENT PLAN...................................................................................................10
6. REDEVELOPMENT PROJECT DESCRIPTION..................................................................12
7. GENERAL LAND USE PLAN AND MAP............................................................................13
8.. REDEVELOPMENT PLAN FINANCING.........................................................................:...14
9. HOUSING IMPACT AND RELATED MATTERS...............................................................24
10. ANNEXATION AGREEMENT PROVISIONS.....................................................................25
11. PROVISIONS FOR AMENDING THE PLAN........................................:.............................26
12. VILLAGE OF OAK BROOK COMMITMENT TO FAIR EMPLOYMENT
PRACTICES AND AFFIRMATIVE ACTION......................................................................27
APPENDIX A. FIGURES 1 -3 .......................................................................:....................A-1
APPENDIX B. LEGAL DESCRIPTION ...............................................................................B-1
APPENDIX C. ELIGIBILITY STUDY..................................................................................0-1
APPENDIX D. INITIAL EQUALIZED ASSESSED VALUE (EAV) .................................D-1
i
LIST OF FIGURES
FIGURE 1. REDEVELOPMENT PROJECT AREA BOUNDARY MAP...........................A-2
FIGURE 2. EXISTING LAND USE MAP............................................................................A-3
FIGURE 3. LAND USE PLAN............................................:................................................A-4
FIGURE A. STUDY AREA BOUNDARY MAP...................................................................0-2
FIGURE B. PROPERTY TYPE..............................................................................................0-6
FIGURE C. EXISTING LAND USE MAP...............................................................................C-7
ii
LIST OF TABLES
TABLE 1. ESTIMATED REDEVELOPMENT PROJECT COSTS......................................18
TABLE A. COMPARATIVE INCREASE IN EQUALIZED ASSESSED VALUE-
IMPROVEDPROPERTY.................................................................................0-18
TABLE B. COMPARATIVE INCREASE IN EQUALIZED ASSESSED VALUE-
VACANTLAND...............................................................................................0-21
TABLE C. DISTRIBUTION OF BLIGHTING FACTORS................................................0-22
iii
1. INTRODUCTION
This document presents a Tax Increment Financing Redevelopment Plan and Project(hereinafter
referred to as the "Plan")pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS
5/11-74.4-1 et seq.) as amended, (the "Act") for the Village of Oak Brook TIF #1 Oak Brook
Promenade Redevelopment Project Area (the "Project Area") located in the Village of Oak
Brook, Illinois (the "Village"). The Project Area boundaries are delineated on Figure 1:
Redevelopment Project Area Boundary Map in Appendix A and legally described in Appendix B.
The Project Area boundaries are generally Butterfield Road on the north, Meyers Road on the
east, I-88 East-West Tollway on the south and the Commonwealth Edison substation. and
Technology Drive on the west.
The Plan responds to problem conditions within the Project Area and reflects a commitment by
the Village to improve and revitalize the Project Area. As described in the Plan, the Project Area
has significant potential for new commercial retail development.
The Plan summarizes the analyses and findings of Camiros, Ltd. (hereinafter referred to as "The
Consultant") which, unless otherwise noted, is the responsibility of the Consultant.. The Village
is entitled to rely on the findings and conclusions of this Plan in designating the Redevelopment
Project Area as a redevelopment project area under the "Act." The Consultant has prepared this
Plan and the related eligibility study with the understanding that the Village would rely: 1) on
the findings and conclusions of the Plan and the related eligibility study in proceeding with the
designation of the Redevelopment Project Area and the adoption and implementation of the Plan,
and 2) on the fact that the Consultant has obtained the necessary information to conclude that the
Plan and the related eligibility study are in compliance with the Act.
The Plan presents certain factors, research and analysis undertaken to document the eligibility of
the Project Area for designation as a "blighted area" tax increment financing ("TIF") district.
The need for public intervention, goals and objectives, land use policies, and other policy
materials are presented in the Plan. The results of a study documenting the eligibility of the
Project Area as a blighted area are presented in Appendix C, Eligibility Study (the "Study").
Tax Increment Financing
In adopting the Act, the Illinois State Legislature pursuant to Section 5/11-74.4-2(a) found that:
...there exists in many municipalities within this State blighted, conservation and
industrial park conservation areas as defined herein;
and pursuant to Section 5/11-74.4-2(b) also found that:
...in order to promote and protect the health, safety, morals and welfare of the public,
that blighted conditions need to be eradicated... and that redevelopment of such areas
1 February 2005
be undertaken... The eradication of blighted areas... by redevelopment projects is
hereby declared to be essential to the public interest.
In order to use the tax increment financing technique, a municipality must first establish that the
proposed redevelopment project area meets the statutory criteria for designation as a "blighted
area," "conservation area" or "industrial park conservation area." A redevelopment plan must
then be prepared pursuant to Sections 65 ILCS 5/11-74.4-3, et seq. of the Act, which describes
the development or redevelopment program intended to be undertaken to reduce or eliminate
those conditions which qualified the redevelopment project area as a "blighted area,"
"conservation area," or combination thereof, or "industrial park conservation area," and thereby
enhance the tax base of the taxing districts which extend into the redevelopment project area.
In order to be adopted, a municipality seeking to qualify a redevelopment project area as a
"blighted area" must find that a Plan meets the following conditions pursuant to Section 5/11-
74.4-3(n) of the Act:
(1) The redevelopment project area on the whole has not been subject to growth and
development through investment by private enterprise and would not be reasonably
anticipated to be developed without the adoption of the redevelopment plan; (2) the
redevelopment plan and project conform to the comprehensive plan for the development of
the municipality as a whole, or, for municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was adopted, the redevelopment plan
and project either: (i) conforms to the strategic economic development or redevelopment plan
issued by the designated planning authority of the municipality, or(ii) includes land uses that
have been approved by the planning commission of the municipality; and (3) the
redevelopment plan establishes the estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance redevelopment project costs (which
dates shall not be later than December 31 of the year in which the payment to the municipal
treasurer as provided in 65 ILCS 5/11-74.4-8(b) of the Act is to be made with respect to ad
valorem taxes levied in the twenty-third calendar year after the year in which the ordinance
approving the redevelopment project area is adopted.
Redevelopment projects are defined as any public or private development projects undertaken in
furtherance of the objectives of the redevelopment plan and in accordance with the Act. The Act
provides a means for municipalities, after the approval of a redevelopment plan and project, to
redevelop blighted, conservation, or industrial park conservation areas and to finance eligible
"redevelopment project costs" with incremental property tax revenues. "Incremental Property
Tax" or "Incremental Property Taxes" are derived from the increase in the current equalized
assessed value ("EAV") of real property within the redevelopment project area over and above
the "Certified Initial EAV" of such real property. Any increase in EAV is then multiplied by the
current tax rate to arrive at the Incremental Property Taxes. A decline in current EAV does not
result in a negative Incremental Property Tax.
To finance redevelopment project costs, a municipality may issue obligations secured by
Incremental Property Taxes to be generated within the redevelopment project area. In addition, a
municipality may pledge towards payment of such obligations any part or any combination of
the following:
2 February 2005
(a)net revenues of all or part of any redevelopment project;
(b) taxes levied and collected on any or all property in the municipality;
(c)the full faith and credit of the municipality;
(d) a mortgage on part or all of the redevelopment project; or
(e) any other taxes or anticipated receipts that the municipality may lawfully pledge.
The Village will not pledge its full faith and credit nor any source of revenue other than the
incremental taxes generated by the redevelopment project.
Tax increment financing does not generate tax revenues. This financing mechanism allows the
municipality to capture, for a certain number of years, the new tax revenues produced by the
enhanced valuation of properties resulting from the municipality's redevelopment program,
improvements and activities, various redevelopment projects, and the reassessment of properties.
This revenue is then reinvested in the area through rehabilitation, developer subsidies, public
improvements and other eligible redevelopment activities. Under tax increment financing, all
taxing districts continue to receive property taxes levied on the initial valuation of properties
within the redevelopment project area. Additionally, taxing districts can receive distributions of
excess Incremental Property Taxes when annual Incremental Property Taxes received exceed
principal. and interest obligations for that year and redevelopment project costs necessary to
implement the redevelopment plan have been paid and such excess Incremental Property Taxes
are not otherwise required, pledged or otherwise designated for other redevelopment projects.
Taxing districts also benefit from the increased property tax base after redevelopment project
costs and obligations are paid.
The Village authorized an evaluation to determine whether a portion of the Village, to be known
as the Oak Brook Promenade Redevelopment Project Area, qualifies for designation as a
blighted area pursuant to the provisions contained in the Act. If the Project Area is so qualified,
the Village requested the preparation of a redevelopment plan for the Project Area in accordance
with the requirements of the Act.
Oak Brook Promenade Redevelopment Project Area Overview
The Project Area is approximately 19.7 acres in size and includes improved property, vacant
land and a portion of Meyers Road that was never publicly dedicated. There are five tax parcels
within the Project Area with a total land area of 18.2 acres. Undedicated Meyers Road right-of-
way makes up 8.1%of the Project Area.
Three tax parcels are classified as improved by the York Township Assessor and are presently
located within the Village. The two largest parcels contain three office buildings. There are two
three-story buildings that were.built in 1978 and a one-story brick building built in 1969. The
third improved parcel is paved for parking and contains above ground and underground utility
easements including Commonwealth Edison high tension lines and related utility tower. These
improved parcels comprise 85.8% Project Area. There is also a five acre pond that serves as an
on-line detention pond for the properties located upstream.
Two parcels are vacant land and will be annexed by the Village. These parcels are immediately
adjacent to the Tollway and account for 6.1% of the Proj ect Area's acreage.
3 February 2005
The improved portion of the Project Area is characterized by:
• Obsolescence
• Deterioration
• Excessive vacancies
• Excessive land coverage or overcrowding of community facilities
• Deleterious land use or layout
• Lack of community planning
• Lagging or declining equalized assessed valuation(EAV)
The vacant land within the Project Area was found to suffer from the following factors:
• Obsolete platting
• Deterioration of structure or site improvements in areas adjacent to the vacant land
• Lagging or declining equalized assessed valuation(EAV)
As a result of these conditions, the Project Area is in need of redevelopment. In recognition of
the unrealized potential of the Project Area, the Village is taking action to facilitate its
revitalization. The Project Area, as a whole, has not been subject to growth and development by
private enterprise and would not reasonably be anticipated to be developed without the adoption
of the Plan.
The Eligibility Study, attached hereto as Appendix C, concludes that property in this area is
experiencing deterioration and disinvestment. The analysis of conditions within the Project Area
indicates that it is appropriate for designation as a blighted area in accordance with the Act.
The purpose of the Plan is to create a mechanism to allow for the development of a new retail
center on vacant and underutilized property; the improvement of the area's physical environment
and infrastructure; and furthering the Village's interest in developing a retail center to serve the
community and support the Village's tax base.
The Plan has been formulated in accordance with the provisions of the Act. This document is a
guide to all proposed public and private actions in the Project Area.
4 February 2005
2. PROJECT AREA DESCRIPTION
The proposed boundaries of the Village of Oak Brook TIF # 1 Oak Brook Promenade
Redevelopment Project Area are shown in Figure 1: Redevelopment Project Area Boundary
Map (see Appendix A). The Project Area is approximately 19.7 acres in size. A legal description
of the Project Area is included as Appendix B of this document. The Project Area includes only _
those contiguous parcels that are anticipated to be substantially benefited by the proposed
redevelopment project improvements and, which, collectively qualify for designation as a
"blighted area."
The Project Area is irregular in shape and is generally bounded by Butterfield Road on the north,
Meyers Road on the east, I-88 East-West Tollway on the south and the Commonwealth Edison
substation on the west. The property is designated as ORA-1 on Oak Brook's official zoning
map which allows for a variety of retail and office uses. A zoning application is currently.being
considered by the Village to rezone the Project Area to B-1 Local Shopping Center District.
Community Context
The Project Area is part of Oak Brook's Butterfield Road business and commercial area. The
Commonwealth Edison substation immediately to the west of the Project Area forms a portion of
Oak Brook's western boundary. The Butterfield Road corridor is developed primarily with
commercial retail and office developments in Oak Brook, Oakbrook Terrace and Lombard.
The Illinois Tollway right-of-way separates the Project Area from residential uses to the south.
The land use pattern to the north of the Project Area includes Fountain Square Plaza, a retail and
restaurant development within the Village of Lombard and the Oak Brook Towers residential
complex at the northeast corner of Butterfield and Meyers Road. Office uses are located
immediately to the east of the Project Area at the southeast corner of the Butterfield"and Meyers
Road intersection.
Current Land Use and Community Facilities
The current land use within the Project Area consists of three office buildings located on two tax
parcels. There are two three-story buildings that were built in 1978 and a one-story brick
warehouse and office building built in 1969. Over the past few years the occupancy rate of the
buildings has dropped below 30%, with approximately 140,000 square feet of office space
advertised as for lease within the Project Area. The current configuration of land use is
represented in Figure 2, Existing Land Use (see Appendix A). The Project Area is currently
zoned ORA-1, which accommodates a variety of office and commercial uses.
5 February 2005
Transportation Characteristics
The Project Area has excellent vehicular regional accessibility. The I-88 East-West Tollway
forms the southern boundary of the Redevelopment Project Area. The closest access point to the
Project Area is the Highland Avenue interchange.
Butterfield Road provides primary access to the Project Area and carries approximately 41,000
vehicles per day with a posted speed limit of 45 miles per hour. Butterfield Road is a major east-
west arterial that provides three lanes in each direction in the vicinity of the site with a painted
median that is used to provide separate left turn lanes. At its signalized intersection with Meyers
Road a separate left and right turn lane is provided on the east and west approaches in addition to
the three through lanes in each direction.
Meyers Road is a north-south minor arterial with two lanes in each direction. Meyers Road north
of Butterfield road has a traffic volume of approximately 22,000 vehicles per day. South of
Butterfield Road, the traffic volume is 15,000 vehicles per day. The Project Area cannot be
accessed from Meyers Road because of the large detention pond located at the southwest corner
of the Meyers and Butterfield Road intersection and the elevated approach to the bridge that
spans the Illinois Tollway.
Technology Drive provides secondary access to the Project Area. At its signalized intersection
with Butterfield Road, it is a north-south local road under the jurisdiction of the Village of
Lombard. As it approaches the Tollway right-of-way Technology Road runs east-west parallel to
the Tollway and terminates at the Project Area boundary.
6 February 2005
3. ELIGIBILITY OF THE PROJECT AREA FOR DESIGNATION AS A
BLIGHTED AREA
The Project Area, on the whole, has not been subject to significant growth and development
through investment by private enterprise. Based on the conditions present,the Project Area is not
likely to be comprehensively or effectively developed without the adoption of the Plan. A series
of studies were undertaken to establish whether the proposed Project Area is eligible for
designation as a blighted area in accordance with the requirements of the Act. This analysis
concluded that the Project Area so qualifies.
The Project Area contains a total of five tax parcels s. Three of these tax parcels are classified as
improved property and account for 85.8% of Project Area. Two small parcels located along the I-
88 East-West Tollway right-of-way are classified as vacant land and comprise 6.1% of the
Project Area. The remaining 8.1% of the Project Area consists of Meyers Road right-of-way that
was never publicly dedicated.
For improved property, the presence of five of the 13 conditions set forth in the Act is required
for designation as a blighted area. These factors must be meaningfully present and reasonably
distributed within the Project Area. Of the 13 factors cited in the Act for improved property,nine
factors are present within the Project Area. All of these factors are meaningfully present and
reasonably distributed throughout the Project Area.
The following factors were found to a meaningful extent within the Project Area:
Obsolescence
• Deterioration - -
• Presence of structures below minimum code standards
• Excessive vacancies
• Inadequate utilities
• Excessive land coverage.or overcrowding of community facilities
Deleterious land use or layout
• Lack of community planning
• Lagging or declining equalized assessed valuation -
Two tax parcels consist entirely of vacant land. With respect to vacant land within the Project
Area, the following factors were found to be present and reasonably distributed:
• Obsolete platting
• Deterioration of structure or site improvements in areas adjacent to vacant land
• Lagging or declining EAV
7 February 2005
For more detail on the basis for eligibility,refer to the Study in Appendix C.
Need for Public Intervention
Public intervention is needed to achieve the Village's development objectives for the Project
Area. In order to maintain the community's image as a premier commercial center,
redevelopment of obsolete office facilities is required. A review of building permit activity
within the Project Area indicates only minor investments over the past ten years which have not
been sufficient to keep the buildings competitive in the marketplace and in productive use. The
owner of these buildings would have to rebuild the structures to be competitive. Given that the
vacancy rate for office space in the area is 30%, it is unlikely that a private company would
invest in new office buildings when the market is already over-built.
In order to support retail growth which currently funds most.Village operations, new retail
centers are needed. Redevelopment of the Project Area for retail uses is needed to reduce the
amount of vacant office space within the Village and expand the retail tax base.
Excluding land devoted to Meyers Road right-of-way, there are 18.2 acres of land within the
Project Area. However, only 11.7 acres is available for construction of new commercial
facilities. The remaining land contains a five-acre pond that functions as a regional detention
pond, 0.5 acres of floodplain that cannot be built upon, and a one acre Commonwealth Edison
easement with high-tension wires. Nothing can be built in this easement. In view of the
significant portions of the Project Area that are and will continue to be devoted to storm water
detention, utility easements and other site impediments, public assistance is needed to offset the
cost of demolition and other site improvements.
While the equalized assessed value of Oak Brook increased by 32%between 1998 and 2003, the
total equalized assessed value of the Project Area grew by only 1.6% for the same period.
However, a fact that should be of even more concern for taxing districts that levy property taxes
is the 3.2% decline that occurred between 1998 and 2003 in the equalized assessed value of the
largest tax parcel in the Project Area with the newest buildings. This trend supports the finding
of blight contained in the Eligibility Study and the need for public intervention to ensure that the
trend is reversed.
8 February 2005
4. REDEVELOPMENT PLAN GOALS AND OBJECTIVES
The proposed Redevelopment Plan and Project is consistent with Village plans for the area. The
land uses contained in the- General Land Use Plan are consistent with the Oak Brook
Comprehensive Plan and Zoning Ordinance. The following goals and objectives are provided to
guide development in the Project Area.
General Goals
• Reduce or eliminate deleterious conditions.
• Provide for the orderly transition from obsolete land uses to more appropriate land use
patterns.
• Enhance the retail sales tax base of the Project Area to support the Village'''s economic
development objectives.
Redevelopment Objectives
• Encourage private investment within the Project Area.
• Facilitate development of underutilized property for uses that have demonstrated market
support.
• Promote redevelopment that will provide a unique new retail focal point within Oak
Brook.
• Create an attractive environment that supports commercial redevelopment.
• Provide an adequate supply of conveniently located and attractively designed parking to
accommodate shoppers, business patrons and employees:
Design Objectives
• Create an attractive and exciting "town center" environment that is pedestrian-oriented
and different from other nearby commercial areas.
• Design required storm water facilities as public amenities.
• Encourage visually attractive buildings, rights-of-way and open spaces and encourage
high standards of design.
9 February 2005
5. REDEVELOPMENT PLAN
The Village proposes to achieve its redevelopment goals and objectives for the Project Area
through the use of public financing techniques, including tax increment financing, and by
undertaking some or all of the following actions:
Property Assembly, Site Preparation and Environmental Remediation
Site preparation is a significant element of the Plan. All of the buildings must be
demolished and grading will be needed to create an appropriate development site.
Although not anticipated at this time, to meet the goals and objectives of the Plan, the
Village may acquire and assemble property throughout the Project Area. Land assemblage
by the Village may be through reimbursement to a developer or by purchase, exchange,
donation, lease, or eminent domain, and may be for the purpose of (a) sale, lease or
conveyance to private developers, or (b) sale, lease, conveyance or dedication for the
construction of public improvements or facilities. Furthermore, the Village may require
written redevelopment agreements with developers before acquiring any properties. As
appropriate, the Village may devote acquired property to temporary uses until such
property is scheduled for disposition and development.
The Village may exercise its powers to acquire real property, including the exercise of the
power of eminent domain, under the Act in implementing the Plan, the Village will follow
its customary procedures. Acquisition of such real property as may be authorized by the
Village does not constitute a change in the nature of this Plan. The acquisition of such
property may be paid for using TIF fiends.
Intergovernmental and Redevelopment Agreements
The Village may enter into redevelopment agreements or intergovernmental agreements
with private entities or public entities to construct, rehabilitate,renovate or restore private
or public improvements on one or several parcels (collectively referred to as
"Redevelopment Projects"). Such redevelopment agreements may be needed to support the
rehabilitation or construction of allowable private improvements, in accordance with the
Plan; incur costs or reimburse developers for other eligible redevelopment project costs as
provided in the Act in implementing the Plan; insure that the Redevelopment Project is
constructed and operated as delineated in the Plan; and provide public improvements and
facilities which may include, but are.not limited to utilities, streetscape enhancements,
signalization,parking, surface right-of-way improvements, and community amenities.
Terms of redevelopment as part of this redevelopment project may be incorporated in the
appropriate redevelopment agreements. For example, the Village may agree to reimburse a
10 February 2005
developer for incurring certain eligible redevelopment project costs under the Act. Such
agreements may contain specific development controls as allowed by the Act.
Financial Impact on Taxing Districts
The Act requires an assessment of any financial impact of the Project Area on, or any
increased demand for services from, and any taxing district affected by the Plan and a
description of any program to address such financial impacts or increased demand. The
Village intends to monitor development in the Project Area and with the cooperation of the
other affected taxing districts will attempt to ensure that any increased needs are addressed
in connection with any particular development.
Analysis, Professional Services and Administrative Activities
The Village may undertake or engage professional consultants, engineers, architects,
attorneys, and others to conduct various-analyses, studies, administrative or legal services
to establish, implement, and manage the Plan, or market the land within the Project Area
for private development.
Provision of Public Improvements and Facilities -
Adequate public improvements and facilities may be provided to service the Project Area.
Public improvements and facilities may include, but are not limited to upgrading existing
access within or immediately adjacent to the Project Area, signalization improvements,
provision of streetscape amenities, stormwater management, retaining walls, parking
improvements, and utility improvements.
11 February 2005
6. REDEVELOPMENT PROJECT DESCRIPTION
The Plan seeks to encourage redevelopment of the Project Area as a retail-oriented commercial
development. The intent is to develop commercial facilities that act as a coordinated center to
replace aging office buildings that reflect a number of poor planning decisions.
The Plan recognizes that new investment in commercial property is needed to improve the
Project Area. Attracting new private investment will require the redevelopment of existing
properties. Proposals for infrastructure improvements will stress projects that serve and benefit
the surrounding community. A comprehensive program of aesthetic enhancements will include
streetscape improvements and aesthetically compatible new development. The components will
create the quality environment required to sustain the revitalization of the Project Area. The
major physical improvement elements anticipated as a result of implementing the proposed Plan
are outlined below.
Commercial Development
The Plan recognizes that attractive new commercial retail development will enhance Oak
Brook's desirability as a community. Office use is no longer desirable in this location because
the market is so over-built and there is a substantial surplus of office space. The current uses
produce no sales tax revenues to support Village services.
Land Acquisition and Tenant Relocation
The developer of the Redevelopment Project will be required to acquire the Project Area. The
current owner will sell the land as an improved property with three office buildings. The
developer must pay for the office buildings and then demolish them. This will result in an
approximately $8 million loss. Additionally, there are a few tenants currently in the buildings.
The developer may have to enter into lease termination agreements and pay for relocation
expenses, and in some cases,a rent differential.
Public Improvements
Improvements to public infrastructure and facilities are needed to complement and attract private
sector investment. Infrastructure improvements may include:
• New water and sewer infrastructure;
• New street lighting;
• New landscaping in compliance with Village ordinances;
• Construction of other public facilities that meet the needs of the community; and
• Storm water management facilities to serve new development.
12 February 2005
7. GENERAL LAND USE PLAN AND MAP
Figure 3: Land Use Plan (see Appendix A), identifies land use policies to be pursued in the
implementation of the Plan. The land use category planned for the Project Area is commercial.
This land use designation applies to portions of the Project Area where retail facilities and
supportive commercial uses will be used to create a coordinated retail environment.
The Land Use Plan allows for a prudent level of flexibility in land use policy to respond to
future market forces. The Land Use Plan is intended to serve as a guide for future land use
improvements and developments within the Project Area. The Land Use Plan is intended to,
serve as a broad guide for land use and redevelopment policy. The plan is general in nature to
allow adequate flexibility to respond to shifts in the market and private investment.
The land uses proposed for the Project Area are consistent with the redevelopment goals of this
Plan and are generally consistent with the land use designation contained in the Oak Brook
Comprehensive Plan and Zoning Ordinance.
These land use strategies are intended to direct development toward the most appropriate land
use pattern for the various portions of the Project Area and enhance the overall development of
the Project Area in accordance with the goals and objectives of the Plan. Locations of specific
uses, or public infrastructure improvements, may vary from the Land Use Plan as a result of
more detailed planning and site design activities. Such variations are permitted without
amendment to the Plan as long as they are consistent with the Plan's goals and objectives and the
land uses and zoning approved by the Village of Oak Brook.
13 February 2005
8. REDEVELOPMENT PLAN FINANCING
Tax increment financing ' is an. economic development tool designed to facilitate the
redevelopment of blighted areas and to arrest decline in areas that may become blighted without.
public intervention. It is expected that tax increment financing will be an important means,
although not necessarily the only means, of financing improvements and providing development
incentives in the Project Area throughout its 23-year life.
Tax increment financing can only be used when private investment would not reasonably be
expected to occur without public assistance. The Act sets forth the range of public assistance that
maybe provided.
It is anticipated that expenditures for redevelopment project costs will be carefully staged in a
reasonable and proportional basis to coincide with expenditures for redevelopment by private
developers and the projected availability of tax increment revenues.
The various redevelopment expenditures that are eligible for payment or reimbursement under
the Act are reviewed below. Following this review is a list of estimated redevelopment project
costs that are deemed to be necessary to implement this Plan (the "Redevelopment Project
Costs").
In the event the Act is amended after the date of the approval of this Plan by the Oak Brook
Village Board to (a) include new eligible redevelopment project costs, or(b) expand the scope or
increase the amount of existing eligible.redevelopment project costs (such as, for example, by
increasing the amount of incurred interest costs that may be paid under 65 ILCS 5/11-74.4-
3(q)(11)), this Plan shall be deemed to incorporate such additional, expanded or increased
eligible costs as Redevelopment Project Costs under the Plan, to the extent permitted by the Act.
In the event of such amendment(s) to the Act, the Village may add any new eligible
redevelopment project costs as a line item in Table 1 or otherwise adjust the line items in Table 1
without amendment to this Plan, to the extent permitted by the Act. In no instance, however,
shall such additions or adjustments result in any increase in the total Redevelopment Project
Costs without a further amendment to this Plan.
Eligible Redevelopment Project Costs
Redevelopment project costs include the sum total of all reasonable or necessary costs incurred,
or estimated to be incurred, or incidental to the Plan pursuant the Act. Eligible costs may
include,without limitation, the following:
1. Costs of studies and surveys, development of plans and specifications, implementation
and administration of the Plan including, but not limited to, staff and professional service
costs for architectural, engineering, legal, financial,planning or other services (excluding
14 February 2005
lobbying expenses), provided however, that no charges for professional services may be
based on a percentage of the tax increment collected;
2. The cost of marketing sites within the Project Area to prospective businesses, developers
and investors;
3. Property assembly costs, including, but not limited to, acquisition of land and other
property, real or personal, or rights or interests therein, demolition of buildings, site
preparation, site improvements that serve as an engineered barrier addressing ground
level or below ground environmental contamination, including, but not limited to parking
lots and other concrete or asphalt barriers, and the clearing and grading of land;
4. Costs of rehabilitation, reconstruction, repair or remodeling of existing public or private
buildings, fixtures and leasehold improvements; and the cost of replacing an existing
public building, if pursuant to the implementation of a redevelopment project, the
existing public building is to be demolished to use the site for private investment or
devoted to a different use requiring private investment;
5. Costs of the construction of public works or improvements subject to the limitations in
Section 11-74.4-3(q)(4) of the Act;
6. Costs of job training and retraining projects including the cost of "welfare-to-work"
programs implemented by businesses located within the Project Area and such proposals
featuring a community-based training program which ensures maximum reasonable
employment opportunities for residents of the Project Area with particular attention to the
needs of those residents who have previously experienced inadequate opportunities and
development of job-related skills, including residents of public and other subsidized
housing and people with disabilities.
7. Financing costs, including, but not limited to, all necessary and incidental expenses
related to the issuance of obligations and, which may include payment of interest on any
obligations issued there under, including interest accruing during the estimated period of
construction of any redevelopment project for which such obligations are issued and for a
period not exceeding 36 months following completion and including reasonable reserves
related thereto;
8. To the extent the Village, by written agreement accepts and approves the same, all or a
portion of a taxing district's capital costs resulting from the Redevelopment Project
necessarily incurred or to be incurred within a taxing district in furtherance of the
objectives of the Plan.
9. Relocation costs, to the extent that the Village determines that relocation costs shall be
paid or is required to make payment of relocation costs by state or federal law or in
accordance with the requirements of Section 74.4-3(n)(7) of the Act (see "Relocation"
section);
10. Payment in lieu of taxes, as defined in the Act;
15 February 2005
11. Costs of job training, retraining, advanced vocational education or career education,
including but not limited to, courses in occupational, semi-technical or technical fields
leading directly to employment, incurred by one or more taxing districts, provided that
such costs: (i) are related to the establishment and maintenance of additional job training,
advanced vocational education or career education programs for persons employed or to
be employed by employers located in the Project Area; and(ii) when incurred by a taxing
district or taxing districts other than the Village, are set forth in a written agreement by or
among the Village and the taxing district or taxing districts, which agreement describes
the program to be undertaken including but not limited to, the number of employees to be
trained, a description of the training and services to be provided, the number and type of
positions available or to be available, itemized costs of the program and sources of funds
to pay for the same, and the term of the agreement. Such costs include, specifically, the
payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40,
and 3-40.1 of the Public Community College Act, 110 ILCS 805/3-37, 805/3-38, 805/3-
40 and 805/3-40.1, and by school districts of costs pursuant to Sections 10-22.20a and
10-23.3a of the School Code, 105 ILCS 5/10-22.20a and 5/10-23.3a.
12. Interest costs incurred by a developer related to the construction, renovation or
rehabilitation of a redevelopment project provided that:
• such costs are to be paid directly from the special tax allocation fund established
pursuant to the Act;
• such payments in any one year may not exceed 30% of the annual interest costs
incurred by the redeveloper with regard to the redevelopment project during that year;
• if there are not sufficient funds available in the special tax allocation fund to make the
payment pursuant to this provision, then the amounts so due shall accrue and be
payable when sufficient funds are available in the special tax allocation fund;
• the total of such interest payments paid pursuant to the Act may not exceed 30% of
the total: (i) cost paid or incurred by the redeveloper for such redevelopment project,
plus (ii) redevelopment project costs excluding any property assembly costs and any
relocation costs incurred by the Village pursuant to the Act; and
• up to 75% of the interest cost incurred by a redeveloper for the financing of
rehabilitated or new housing units for low-income households and very low-income
households, as defined in Section 3 of the Illinois Affordable Housing Act.
13. The cost of constructing new privately-owned buildings is not an eligible redevelopment
project cost,unless specifically authorized by the Act;
14. An elementary, secondary or unit school district's increased costs attributable to assisted
housing units will be reimbursed as provided for in the Act;
15. Up to 50% of the cost of construction, renovation and/or rehabilitation of all low-income
and very low-income housing units (for ownership or rental) as defined in Section 3 of
the Illinois Affordable Housing Act. If the units are part of a residential redevelopment
project that includes units not affordable to low-income and very low-income
households, only the low- and very low-income households shall be eligible for benefits
under the Act; and
16 February 2005
16. The cost of day care services for children of employees from low-income families
working for businesses located within the Project Area and all or a portion of the cost of
operation of day care centers established by Project Area businesses to serve employees
from low-income families working in businesses located in the Project Area, within a
municipality with a population of more than 100,000. For the purposes of this paragraph,
"low-income families" means families whose annual income does not exceed 80% of the
Village, county or regional median income as determined from time to time by the United
States Department of Housing and Urban Development.
If a special service area has.been established pursuant to the Special Service Area Tax Act, 35
ILCS 235/0.01 et seq., then any tax increment revenues derived from the tax imposed pursuant to
the Special Service Area Tax Act may be used within the redevelopment Project Area for the
purposes permitted by the Special Service Area Tax Act as well as the purposes permitted by the
Act.
Estimated Project Costs
A range of activities and improvements may be required to implement the Plan. The proposed
eligible activities and their estimated costs over the life of the Project Area are briefly described
below and shown in Table-1:Estimated Redevelopment Project Costs.
1. Professional services including planning studies, legal, surveys, real estate marketing
costs, fees and other costs related to the implementation and administration of the Plan.
This budget element provides for studies and ' survey costs for planning and
implementation of the project, including planning and legal fees, architectural and
engineering, development site marketing, and financial and special service costs.
(Estimated cost: $750,000)
2. Property assembly costs, including, but not limited to, acquisition of land and other
property, real or personal, or rights or interests therein, and other appropriate and eligible
costs needed to prepare the property for redevelopment. These costs may include the
reimbursement of acquisition costs incurred by private developers. Land acquisition may
include acquisition of both improved and vacant property in order to create development
sites, accommodate public rights-of-way or to provide other public facilities needed to
achieve the goals and objectives of the Plan. Property assembly costs also include:
demolition of existing improvements, including clearance of blighted properties or
clearance required to prepare sites for new development, site preparation, including
grading, and other appropriate and eligible site activities needed to facilitate new
construction, and environmental remediation costs associated with property assembly
which are required to render the property suitable for redevelopment. (Estimated cost:
$17,000,000)
3. Constriction of public improvements, infrastructure and facilities. These improvements
are intended to improve access within the Project Area, stimulate private investment and
address other identified public improvement needs, and may include all or a portion of a
taxing district's eligible costs, including increased costs attributable to assisted housing
17 February 2005
units within the Project Area in accordance with the requirements of the Act. (Estimated
cost $1,250,000)
The estimated gross eligible project cost over the life of the Project Area is approximately $19
million. All project cost estimates are in 2005 dollars. Any bonds issued to finance portions of
the redevelopment project may include an amount of proceeds sufficient to pay customary and
reasonable charges associated with issuance of such obligations, as well as to provide for
capitalized interest and reasonably required reserves. The total project cost figure excludes any
costs for the issuance of bonds. Adjustments to estimated.line items, which are upper estimates
for these costs, are expected and may be made without amendment to the Plan.
Additional funding from other sources such as federal, state, county, or local grant funds may be
utilized to supplement the Village's ability to finance Redevelopment Project Costs identified
above.
Table 1:
ESTIMATED REDEVELOPMENT PROJECT COSTS
Eligible Expense Estimated Cost
Analysis,Administration, Studies, Surveys,Legal,Marketing, etc. $750,000
Property Assembly including Acquisition, Site Prep and Demolition and $17,000,000
Environmental Remediation
Public Works &Improvements,including streets,utilities,public open space $1,250,000
and other public amenities
TOTAL REDEVELOPMENT COSTS [2�[3� $19,000,0004
'This category may also include paying for or reimbursing (i) an elementary, secondary or unit school
district's increased costs attributed to assisted housing units, and(ii)capital costs of taxing districts impacted by the
redevelopment of the Project Area. As permitted by the Act,to the extent the Village by written agreement accepts
and approves the same, the Village may pay, or reimburse all, or a portion of a taxing district's capital costs
resulting from a redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance
of the objectives of the Plan.
2Total Redevelopment Project Costs exclude any additional financing costs,including any interest expense,
capitalized interest and costs associated with optional redemptions. These costs are subject to prevailing market
conditions and are in addition to Total Redevelopment Project Costs.
3The amount of the Total Redevelopment Project Costs that can be incurred in the Project Area will be
reduced by the amount of redevelopment project costs incurred in contiguous redevelopment project areas, or those
separated from the Project Area only by a public right-of-way, that are permitted under the Act to be paid, and are
paid, from incremental property taxes generated in the Project Area, but will not be reduced by the amount of
redevelopment project costs incurred in the Project Area which are paid from incremental property taxes generated
in contiguous redevelopment project areas or those separated from the Project Area only by a public right-of-way.
4Increases in estimated Total Redevelopment Project Costs of more than five percent, after adjustment for
inflation from the date of the Plan adoption, are subject to the Plan amendment procedures as provided under the
Act.
Additional fiinding from other sources such as federal, state, county, or local grant funds may be
utilized to supplement the Village's ability to finance Redevelopment project Costs identified
above.
18 February 2005
Sources of Funds
The funds necessary to pay for Redevelopment Project Costs and secure immicipal obligations
issued for such costs are to be derived primarily from Incremental Property Taxes. Other sources
of funds which may be used to pay for Redevelopment Project Costs or secure municipal
obligations are land disposition proceeds, state and federal grants, investment income, private
financing, and other legally permissible funds as the Village may deem appropriate. The Village
may incur redevelopment project costs (costs for line items listed on Table 1: Estimated
Redevelopment Project Costs) which are paid for from finds of the Village other than
incremental taxes, and the Village may then be reimbursed for such costs from incremental
taxes. Also, the Village may permit the utilization of guarantees, deposits and other.forms of
security made available by private sector developers.
Additionally, the Village may utilize revenues, other than State sales tax increment revenues,
received under the Act from one redevelopment project area for eligible costs in another
redevelopment project area that is either contiguous to, or is separated only by a public right-of-
way from, the redevelopment project area from which the revenues are received.
The Project Area may be contiguous to or separated by only a public right-of-way from other,
redevelopment project areas created.under the Act. The Village may utilize net incremental
property taxes received from the Project Area to pay eligible redevelopment project costs, or
obligations issued to pay such costs, in other contiguous redevelopment project areas, or project
areas separated only by a public right-of-way, and vice versa. The amount of revenue from the
Project Area, made available to support such contiguous redevelopment project areas, or those
separated only by a public right-of-way, when added to all amounts used to pay eligible
redevelopment project costs within the Project Area, shall not at any time exceed the total
redevelopment project costs described in this Plan.
The Project Area may become contiguous to, or be separated only by a public right-of-way from,
redevelopment project areas created under the Industrial Jobs Recovery Law (65 ILCS 5111-
74.61-1 et seq.). If the Village finds that the goals, objectives and financial success of such
contiguous redevelopment project areas, or those separated only by a public right-of-way, are
interdependent with those of the Project Area, the Village may determine that it is in the best
interests of the Village and the furtherance of the purposes of the Plan that net revenues from the
Project Area be made available to support any such redevelopment project areas and vice versa.
The Village therefore proposes to utilize net incremental revenues received from the Project
Area to pay'eligible redevelopment project costs (which are eligible under the Industrial-Jobs
Recovery Law referred to above) in any such areas, and vice versa. Such revenues may be
transferred or loaned between the Project Area and such areas. The amount of revenue from the
Project Area so made available, when added to all amounts used to pay eligible redevelopment
project.costs within the Project Area, or other areas described in the preceding paragraph, shall
not at any time exceed the total redevelopment project costs described in Table 1, Estimated
Redevelopment Project Costs.
Development of the Project Area would not be reasonably expected to occur without the use of
the incremental revenues provided by the Act. Redevelopment project costs include those
eligible project costs set forth in the Act. Tax increment financing or other public sources will be
used only to the extent-needed to secure commitments for private redevelopment activity.
19 February2005
Nature and Term of Obligations to be Issued
The Village may issue obligations secured by Incremental Property Taxes pursuant to Section
11-74.4-7 of the Act. To enhance the security of a municipal obligation, the Village may pledge
its frill faith and credit through the issuance of general obligation bonds. Additionally, the
Village may provide other legally permissible credit enhancements to any obligations, issued
pursuant to the Act. The Village will not pledge its full faith and credit nor any other source of
revenue other than the incremental revenues generated by the project to secure any obligation
issued pursuant to this Redevelopment Plan.
The redevelopment project shall be completed, and all obligations issued to finance
redevelopment costs shall be retired,no later than December 31 of the year in which the payment
to the Village treasurer as provided in the Act is to be made with respect to ad valorem taxes
levied in the twenty-third calendar year following the year in which the ordinance approving the
Project Area is adopted (i.e., assuming Village Board approval of the Project Area and Plan in
2005, by 2029). Also, the final maturity date of any such obligations which are issued may not
be later than 20 years from their respective dates of issue. One or more series of obligations may
be sold at one or more times in order to implement this Plan.. Obligations may be issued on a
parity or subordinated basis.
In addition to paying Redevelopment Project Costs, Incremental Property Taxes may be used for
the scheduled retirement of obligations,-mandatory or optional redemptions, establishment of
debt service reserves and bond sinking fiinds. To the extent that Incremental Property Taxes are
not needed for these purposes, and are not otherwise required, pledged, earmarked or otherwise
designated for the payment of Redevelopment Project Costs, any excess Incremental Property
Taxes shall then become available for distribution annually to taxing districts having jurisdiction
over the Project,Area in the manner provided by the Act.
Most Recent Equalized Assessed Valuation
The purpose of identifying the most recent equalized assessed valuation ("EAV") of the Project
Area is to provide an estimate of the initial EAV, which the DuPage County Clerk will certify
for the purpose_ of annually calculating the incremental EAV and incremental property taxes of
the Project Area. The 2003 EAV of all taxable parcels within the Project Area is $6,907,510.
This total EAV amount by Parcel Identification Number(PIN) is summarized in Appendix D and
is subject to verification by the DuPage County Clerk. After verification, the final figure shall be
certified by the DuPage County Clerk, and after the Village files its ordinance creating a tax
increment financing district in accordance with the Act shall become the Certified Initial EAV
from which all incremental property taxes in the Project Area will be calculated by DuPage
County.
Anticipated Equalized Assessed Valuation
By the tax year 2028 (collection year 2029) and following the substantial completion of the Oak
Brook Promenade Redevelopment Project, the EAV of the Project Area is estimated to at
20 February 2005
approximately $11.8 million. The estimated range is based on several key assumptions,
including: 1) redevelopment of the Project Area will occur in a timely manner; 2) an estimated
annual inflation rate in EAV of 2.0 percent through 2028); and 3) the 2003 DuPage County state
equalization factor of 1.00 is used in all years to calculate estimated EAV.
Financial Impact on Taxing Districts
The Act requires an assessment of any financial impact of the Project Area on, or any increased
demand for services from, any taxing district affected by the Plan and a description of any
program to address such financial impacts or increased demand. The Village intends to monitor
development in the Project Area and with the cooperation of the other affected taxing districts
will attempt to ensure that any increased needs are addressed in connection with any, particular
development.
The following taxing districts presently have the authority to levy taxes on some or all of the
properties located within the Project Area:
Village of Oak Brook: The Village is responsible for the provision of a wide range of
municipal services, including police and fire protection, capital improvements and
maintenance, public works and library services. The Village does not levy property taxes
against real property within the Village.
Oak Brook Park District: The Oak Brook Park District was created in 1962 and currently
owns and maintains Six parks in Oak Brook,
DuPage Water Commission: The DuPage Water Commission is responsible for purchase and
redistribution of Lake Michigan water from the City of Chicago. The Commission has the
authority to levy taxes,but does not have a current levy.
DuPage Airport Authori ty: The DuPage Airport Authority is responsible for managing the
DuPage Airport which is the third busiest airport in the state, following Chicago O'Hare and
Midway Airports. Facilities on the 2,800 airport site include a championship-style public golf
course.
Hinsdale Sanitary District: The Hinsdale Sanitary District does not currently levy taxes
within its jurisdiction.
Grade School District 58: Grade School District 58 is responsible for the provision,
maintenance and operations of educational facilities and services for approximately 4,900
kindergarten through eight grade students Living in Downers Grove and portions of Oak
Brook, Westmont and Woodridge.
High School District 99: High School District 99 operates educational facilities and educates
students from 9" through 12th grade. Current enrollment totals approximately 5,300. The
District was established in 1923 and serves a 32 square mile area that includes portions of
seven separate municipalities and unincorporated DuPage County.
21 February 2005
College of DuPage District 502: The Community College District is a unit of the State of
Illinois system of public community colleges, whose objective is to meet the educational
needs of residents of the Village and other students seeking higher education programs and
services.
DuPage County: The County has principal responsibility for the protection of persons and
property and the maintenance of Cowity highways.
DuPage County Health Department: DuPage County has a separate tax levy for the provision
of public health services.
DuPage County Forest Preserve District: The Forest Preserve District is responsible for
acquisition, restoration and- management of lands for the purpose of protecting and
preserving open space in the Village and County for the education,pleasure and recreation of
the public.
York Township: York Township is responsible for a variety of services including general
assistance and the assessor's office.
York Township Road: The York Township Highway Department has jurisdiction over all
township tights-of-way within York Township and maintains 75 lane miles of paved
roadways and approximately 80 miles of stormwater drainage pipes, ditches and laterals.
York Township Special Police: This tax district levy only applies to the two tax parcels that
are not presently within the Village of Oak Brook. Upon annexation, this levy will no longer
apply.
The proposed revitalization of the Project Area is expected to create moderate demands on
public services. Because there will be no residential development within the Project Area there
will not be an increased the demand for school, parks and other residential services. Demands on
police and fire services may increase slightly due to the increase in retail activity. The demand
for water and sewer services may increase as well.
When completed, developments in the Project Area will generate property tax revenues for all
taxing districts. Other revenues may also accrue to the Village in the form of sales tax, business
fees and licenses, and utility user fees. The costs of some services such as water and sewer
service, building inspections, etc. are typically covered by user charges.
For most taxing districts levying taxes on property within the Project Area, increased service
demands are expected to be negligible because they are already serving the Project Area. Upon
completion of the Plan, all taxing districts are expected to share the benefits of a substantially
improved tax base. However, prior to the completion of the Plan, certain taxing districts may
experience an increased demand for services.
It is expected that any increases in demand for the services and programs of the aforementioned
taxing districts, associated with the Project Area, can be adequately handled by the existing
services and programs maintained by these taxing districts. However, the Project Budget line
22 February 2005
item for public improvements, includes "taxing district capital costs" to address potential
demands associated with implementing the Plan.
Real estate tax revenues resulting from increases in the EAV, over and above the Certified Initial
EAV established with the adoption of the Plan, will be used to pay eligible redevelopment costs
in the Project Area. Following termination of the Project Area, the real estate tax revenues,
attributable to the increase in the EAV over the Certified Initial EAV, will be distributed to all
taxing districts levying taxes against property located in the Project Area. Successful
implementation of the Plan is expected to result in new development and private investment on a
scale sufficient to overcome blighted conditions and substantially improve the long-term
economic value of the Project Area.
Completion of the Redevelopment Project and Retirement of Obligations to
Finance Redevelopment Project Costs.
The Plan will be completed, and all obligations issued to finance redevelopment costs shall be
retired, no later than December 31st of the year in which the payment to the Village Treasurer as
provided in the Act is to be made with respect to ad valorem taxes levied in the twenty-third
calendar year following the year in which the ordinance approving the Plan is adopted(assuming
adoption in 2005, by December 31, 2029).
23 February 2005
9. HOUSING IMPACT AND RELATED MATTERS
Amendments to the Act that became effective November 1, 1999, require the preparation of a
housing impact study if the Project Area contains 75 or more inhabited residential units unless
the Village certifies in the Plan that displacement will not result from the Plan or the Plan would
not result in the displacement of ten or more inhabited residential units.
There are no inhabited residential units in the Project Area. Therefore, a housing impact study is
not a required element of this Plan.
24 February 2005
10. ANNEXATION AGREEMENT PROVISIONS
The Act requires that the Redevelopment Plan include the terms of the annexation agreement if
property is to be annexed to the municipality. The Project Area includes two small vacant parcels
that will be annexed to the Village of Oak Brook prior to the adoption of the Oak Brook
Promenade Tax Increment Redevelopment Plan and Project.
The annexation agreement will incorporate the Redevelopment Agreement for the
Redevelopment Project,which will include the following terms:
1. Developer will covenant to finance and construct. the Redevelopment Project in
accordance with the terms of this Redevelopment Plan and the ordinances adopted by the
Village approving the specific project that will constitute the Redevelopment Project.
2. The Village will issue TIF obligations to assist the developer with eligible costs.
3. The developer will complete the Project in accordance with a schedule to be agreed upon
by the parties.
25 February 2005
11. PROVISIONS FOR AMENDING THE PLAN
The Plan may be amended pursuant to the provisions of the Act.
26 February 2005
12. VILLAGE OF OAK BROOK COMMITMENT TO FAIR
EMPLOYMENT PRACTICES AND AFFIRMATIVE ACTION
As part of any Redevelopment Agreement entered into by the Village and any private developer,
both will agree to establish and implement an affirmative action program that serves appropriate
sectors of the Village of Oak Brook. Developers or redevelopers will meet Village of Oak Brook
standards for participation of Minority Business Enterprises and Woman Business Enterprises as
required in Redevelopment Agreements.
With respect to the public/private development's internal operations, both entities will pursue
employment practices which provide equal opportunity to all people regardless of sex, color,.
race, religion or creed. Neither party will countenance discrimination against any employee or
applicant because of sex, marital status, national origin, age, or the presence of physical
handicaps. These nondiscriminatory practices will apply to all areas of employment, including
hiring, upgrading and promotions, terminations, compensation, benefit programs and educational
opportunities.
Anyone involved with employment or contracting for this Plan will be responsible for
conformance with this policy and the compliance requirements of applicable state and federal
regulations.
The Village and the private developers involved in the implementation of this Plan will adopt a
policy of equal employment opportunity and will include or require the inclusion of this
statement in all contracts at any level for redevelopment projects being undertaken in the Project
Area. Any public/private partnership established with respect to implementation of the Plan will
seek to ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all facilities at which employees are assigned to work. It shall be
specifically ensured that all on-site supervisory personnel are aware of and carry out the
obligation to maintain such a working environment, with specific attention to minority and/or
female individuals. The partnership will utilize affirmative action to ensure that business
opportunities are provided and that job applicants are employed and treated in a
nondiscriminatory manner.
Underlying this policy is the recognition that successful affirmative action programs are
important to the continued growth and vitality of the Village of Oak Brook.
27 February 2005
APPENDIX A
OAK BROOK PROMENADE
REDEVELOPMENT PROJECT AREA
FIGURES 1-3
A-1 February 2005
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FIGURE 1:
REDEVELOPMENT PROJECT AREA BOUNDARY MAP
VILLAGE OF OAK BROOK TIF# 'I PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING A M I � S
REDEVELOPMENT PLAN AND PROJECT 0
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FIGURE 2:
EXISTING LAND USE
VILLAGE OF OAF'( BROOK TIF# 1 PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING
REDEVELOPMENT PLAN AND PROJECT
LEGEND
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FIGURE 3:
LAND USE PLAN
VILLAGE OF OAK BROOK TIF# 1 PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING CAM I kOS
REDEVELOPMENT PLAN AND PROJECT
APPENDIX B
VILLAGE OF OAK BROOK TIF #1
OAK BROOK PROMENADE
REDEVELOPMENT AND PROJECT AREA
LEGAL DESCRIPTION
PARCEL 1:
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:
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
R74-3 8411.
PARCEL 2:
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
B-1 February 2005
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:
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:
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:
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
B-2 February 2005
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:
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 OF THE NORTHWEST QUARTER OF SAID
VILLAGE, BEING A SUBDIVISIO N OF PART
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 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
ID HOMESTEAD DEDICATED BY THE PLAT OFS ONG THE EASTERLY GAND NORTHERLY LINE OF SAID
(6) COURSES AND DISTANCE
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
D SECONDS
EAST
00 FEET;T4) THENCE SOUTH 6MINUTES REES SECONDS EAST,
40 SECONDS�WEST
DISTANCE
February 2005
(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.
B_4 February 2005
APPENDIX C
VILLAGE OF OAK BROOK TIF#1
OAK BROOK PROMENADE
REDEVELOPMENT AND PROJECT AREA
ELIGIBILITY STUDY
The purpose of this study is to determine whether a portion of the Village of Oak Brook
identified as the Oak Brook Promenade Redevelopment Project Area qualifies for designation as
a tax increment financing district within the definitions set. forth under 65 ILCS 5/11-74.4
contained in the "Tax Increment Allocation Redevelopment At" (65 ILLS 5/11-74.4-1 et se .),
as amended. This legislation focuses on the elimination of blighted or rapidly deteriorating areas
through the implementation of a redevelopment plan. The Act authorizes the use of tax
increment revenues derived in a project area for the payment or reimbursement of eligible
redevelopment project costs.
The area proposed for designation as the Oak Brook Promenade Redevelopment Project Area,
hereinafter referred to as the "Study Area," is shown in Figure A: Study Area Boundary Map.
The Study Area is generally bounded by Butterfield Road on the north, Meyers Road on the east,
1-88 East-West Tollway on the south and the Commonwealth Edison substation on the west. The
Study Area is approximately 19.7 acres in size and includes five tax parcels and undedicated
Meyers Road right-of-way.
This study summarizes the analyses and findings of the consultant's work, which, unless
otherwise noted, is solely the responsibility of Camiros, Ltd. and does not necessarily reflect the
views and opinions of potential developers or the Village of Oak Brook. Camiros, Ltd. has
prepared this report with the understanding that the Village would rely 1) on the findings and
conclusions of this report in proceeding with the designation of the Study Area as a
redevelopment project area under the Act, and 2) on the fact that Camiros, Ltd. has obtained the
necessary information to conclude that the Sturdy Area meets the requirements for designation as
a redevelopment project area in compliance with the Act.
I
C-1 February 2005
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FIGURE A:
STUDY AREA BOUNDARY MAP
VILLAGE OF OAK BROOK TIF# 1 PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING kOS REDEVELOPMENT PLAN AND PROJECT
1. INTRODUCTION
The Tax Increment Allocation Redevelopment Act (the "Act") permits municipalities to induce
redevelopment of eligible "blighted," "conservation" or "industrial park conservation areas" in
accordance with an adopted redevelopment plan. The Act stipulates specific procedures, which
must be adhered to, in designating a redevelopment project area. One of those procedures is the
determination that the area meets the statutory eligibility requirements. Under 65 ILCS 5/11-
74.4-3(p), the Act defines a"redevelopment project area" as:
"... an area designated by the municipality, which is not less in the aggregate than 1-1/2
acres, and in respect to which the municipality has made a finding that there exist conditions
which cause the area to be classified as a blighted area, conservation area or industrial park
conservation area, or combination of both blighted and conservation areas."
In adopting the Act, the Illinois State Legislature found that:
1. ...there exists in many municipalities within this State blighted, conservation and
industrial park conversation areas...(at 65 ILCS 5/11-74.4-2(a)); and
2. ...the eradication of blighted areas and treatment and improvement of conservation areas
by redevelopment projects is hereby declared to be essential to the public interest (at 65
ILCS 5/11-74.4-2(b)).
The legislative findings were made on the basis that the presence of blight, or conditions that
lead to blight, is detrimental to the safety; health, welfare and morals of the public. The Act
specifies certain requirements, which must be met, before a municipality may proceed with
implementing a redevelopment project in order to ensure that the exercise of these powers is
proper and in the public interest.
Before the tax increment financing ("TIF") technique can be used; the municipality must first
determine that the proposed redevelopment.area qualifies for designation as a "blighted area,"
"conservation area," or "industrial park conservation area." Based on the conditions present, this
Eligibility Study (the "Study") finds that the Study Area qualifies for designation as a blighted
area,both with respect to its improved area and with respect to its vacant area.
Blighted Areas
If the property under consideration is improved, a combination of five or more of the following
factors must be present for designation as a blighted area, as more fully discussed in Section
74.4-3(a)(1) of the Act:
1. Dilapidation
2. Obsolescence
3. Deterioration
4. Presence of structures below minimum code standards
5. Illegal use of individual structures
C-3 February 2005
6. Excessive vacancies
7. Lack of ventilation, light or sanitary facilities
8. Inadequate utilities
9. Excessive land coverage and overcrowding of structures and community facilities
10. Deleterious land use or layout
11. Environmental clean-up requirements
12. Lack of community planning
13. Lagging or declining equalized assessed value
If the property consists of vacant land, a combination of two or more of the following factors
qualifies the area as blighted, all as more fully discussed in Section 74.4-3(a)(2) of the Act (the
"Vacant Blighted Area Option A Factors"):
1. Obsolete platting of vacant land
2, Diversity of ownership of vacant land
3. Tax or special assessment delinquencies on such land
4. Deterioration of structures or site improvements in neighboring areas adjacent to the
vacant land
5. Environmental clean-up requirements
6. Lagging or declining equalized assessed value
Vacant land may also qualify as blighted if any one of the following factors is present, all as
more fully described in Section 74.4-3(a)(3) of the Act (the "Vacant Blighted Area Option B
Factors"):
1. The area consists of one or more unused quarries,mines or strip mine ponds
2. The area consists of unused rail yards, tracks or rights-of-way
3. The area is subject to flooding as certified by a registered professional engineer or
appropriate regulatory agency
4. The area consists of an unused or illegal disposal site containing earth, stone,
building debris, or similar materials that were removed from construction, demolition,
excavation or dredge sites
5. The area is between 50 to 100 acres, 75 percent vacant, shows deleterious qualities
and was designated as a town center before 1982,but not developed for that purpose
6. The area qualified as blighted immediately before it became vacant
The Act defines blighted areas and amendments to the Act also provide guidance as to when the
factors present qualify an area for such designation. Wliere any of the factors defined in the Act
are found to be present in the Study Area, they must be: 1) documented to be present to a
meaningful extent so that the municipality may reasonably find that the factor is clearly present
within the intent of the Act; and 2) reasonably distributed throughout the vacant or improved part
of the Study Area, as applicable,to which such factor pertains.
The test of eligibility of the Study Area is based on the conditions of the area as a whole. The
Act does not require that eligibility be established for each and every property in the Study Area.
C-4 February 2005
2. ELIGIBILITY STUDIES AND ANALYSIS
An analysis was undertaken to determine whether any or all of the blighting factors listed in the
Act are present in the Study Area, and if so, to what extent and in which locations.
In order to accomplish this evaluation the following tasks were undertaken:
1. Exterior survey of the condition and use of each building.
2. Field survey of environmental conditions involving parking facilities, public
infrastructure, site access, fences and general property maintenance.
3. Analysis of existing land uses and their relationships.
4. Comparison of surveyed buildings to zoning regulations.
5. Analysis of the current platting,builduzg size and layout.
6. Analysis of building floor area and site coverage.
7. Review of previously prepared plans, studies, inspection reports and other data.
8. Analysis of real estate assessment data. -
9. Review of available building permit records to determine the level of
development activity in the area.
10. Review of building code violations
Exterior building condition and site conditions surveys of the Study Area were undertaken in
November and December 2004. The analysis of site conditions was organized by tax parcel and
type of property (improved or vacant) as shown in Figure B: Property Type Map. Existing land
use shown in Figure C: Existing Land Use Map.
Where a factor is described as being present to a meaningful extent, the factor is present with
respect to a majority of the improved or vacant tax parcels in the Study Area, as applicable. The
presence of such conditions has a major adverse impact or influence on adjacent and nearby
property. A factor described as being present to a minor extent indicates that the factor is
present, but that the distribution of impact of the condition is more limited, affecting fewer than
50% of the improved or vacant tax parcels, as applicable. A statement that the factor is not
present indicates that either no information was available or that no evidence was documented as
a result of the various surveys and analyses. Factors whose presence could not be determined
with certainty were not considered in establishing eligibility.
Each factor identified in the Act for determining whether an area qualifies as a blighted area is
discussed below and a conclusion is presented as to whether or not the factor is present in the
Study Area to a degree sufficient to warrant its inclusion as a blighting factor in establishing the
eligibility of the area as a blighted area under the Act. These findings describe the conditions that
exist and the extent to which each factor is present.
C-5 February 2005
LEGEND
IMPROVED PROPERTY
VACANT LAND
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FIGURE B:
PROPERTY TYPE
VILLAGE OF OAK BROOK TIF# I PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING CAMI CAM kOS
REDEVELOPMENT PLAN AND PROJECT
LEGEND
OFFICE
VACANT LAND
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FIGURE C:
EXISTING LAND USE
VILLAGE OF OAK BROOK TIF # 'I PLAN DATE: FEBRUARY 2005
OAK BROOK PROMENADE TAX INCREMENT FINANCING CA M r! ' .�
R S
REDEVELOPMENT PLAN AND PROJECT
3. PRESENCE AND DISTRIBUTION OF ELIGIBILITY FACTORS
The Act establishes different eligibility factors for improved property and vacant land. Property
within the Study Area consists of a combination of improved property and vacant land.
Improved property includes parcels that contain buildings, structures, parking or other physical
improvements. Improved property may include single parcels or multiple parcels under single or
common ownership. Landscaped yards, open space or other ancillary functions may also be
classified as improved property for the purposes of the eligibility analysis if they are obviously.
accessory to an adjacent building(primary use).
In order to establish the eligibility of a redevelopment project area under the improved "blighted
area" criteria established in the Act, at least five of 13 eligibility factors must be meaningfully
present and reasonably distributed throughout the Study Area with respect to improved property.
For vacant land, either two Vacant Blighted Area Option A Factors (described below) or one
Vacant Blighted Area Option B Factor (also described below) must be meaningfully present and
reasonably distributed with respect to the vacant land.
This eligibility study finds that the Study Area qualifies for designation as a combination of an
improved blighted area and vacant blighted area under the criteria contained in the Act. The
following qualifying factors for an improved blighted area are meaningfully and reasonably
distributed within the improved portions of the Study Area:
1. Obsolescence
2. Deterioration
3. Presence of structures below minimum code standards
4. Excessive vacancies
5. Inadequate utilities
6. Excessive land coverage or overcrowding of community facilities
7. Deleterious land use or layout
8. Lack of community planning
9. Lagging or declining EAV
The following Vacant Blighted Area Option A Factors apply to the vacant land in the Study
Area:
1. Obsolete platting
2. Deterioration of structures or site improvements in neighboring areas adjacent to the
vacant land
3. Lagging or declining EAV
These Option A Factors are meaningfully present and reasonably distributed, affecting both
vacant tax parcels. Thus, the vacant portion of the Study Area qualifies as blighted under the
Act.
C_8 February 2005
The presence and distribution of eligibility factors related to the qualification of the Study Area
for designation as a combination of an improved blighted area and a vacant blighted area are
discussed below. Following this discussion, the Vacant Blighted Area Option A eligibility
factors related to vacant land are discussed. None of the Vacant Blighted Area Option B Factors
are applicable to property in the Study Area.
All of applicable factors are well distributed throughout the Study Area, as indicated in Table C,
Distribution of Blighting Factors.
Improved Property
The Study Area contains three tax parcels that are classified as improved property which
comprise 93.3% of the Study Area. The two largest parcels contain a total of three office
buildings. Also classified as improved is an 82.73 foot wide parcel at the southern end of the
Study Area that is subject to-several utility easements including a 15-foot Oak Brook Utility
Company easement, a Northern Illinois Gas Company easement and a Commonwealth Edison
Company easement. This parcel is paved and contains a Commonwealth Edison high-voltage
utility pole. The evaluation of the Study Area with respect to each of the 13 factors used to
establish eligibility of improved property as blighted is described below.
1. Dilapidation
As defined in the Act, "dilapidation" refers to an advanced state of disrepair or neglect of
necessary repairs to the primary structural components of buildings or improvement in such a
combination that a documented building condition analysis determines that major repair is
required or the defects are so serious and so extensive that the buildings must be removed.
This section summarizes the process used for assessing building conditions in the Study
Area, the standards and criteria used for evaluation, and the findings as to the existence of
dilapidation or deterioration of structures.
The building condition analysis is based on a thorough exterior inspection and limited
interior inspection of the buildings and sites conducted by Camiros, Ltd. in November 2004.
Structural deficiencies in building components and related environmental deficiencies in the
Study Area were noted during the survey.
Building Components Evaluated
During the field survey, each component of the buildings in the Study Area was examined to
determine whether it was in sound condition or had minor, major, or critical defects.
Building components examined were of two types:
Primary Structural Components
These include the basic elements of any building: foundation walls, load-bearing walls
and columns, roof, roof structures and facades.
C-9 February 2005
Secondary Comp
These are components generally added to the primary structural components and are
necessary parts of the building, including exterior and interior stairs, windows and
window units, doors and door units, interior walls, chimney, and gutters and downspouts.
Each primary and secondary component was evaluated separately as a basis for determining
the
the overall condition of individual buildings. This evaluation
effect considered deficiencieslin
importance of specific components within a building and
components will have on the remainder of the building.
Building Component Classification
The four categories used in classifying building components and systems and the criteria
used in evaluating structural deficiencies are described below:
Sound
Building components that contain no defects, are adequately maintained, and require no
treatment outside of normal ongoing maintenance.
Deficient—Requiring Minor Repair
Building components containing defects (loose or missing material or holes and cracks
over a limited area), which often no real effect on eithe� the primary or of
maintenance. Minor defects have i
components and the correction of such defects may be accomplished by the owner or
occupants, such as tackpointing masoiuy joints over.a limited area or replacement of less
complicated components. Minor defects are not considered in rating a building as
structurally substandard.
Deficient—Requiring Major Repair
Building components that contain major defects over a widespread area that would be
difficult to correct through normal maintenance. Buildings in the major deficient category
would require replacement or rebuilding of components by people skilled in the building
trades.
Critical
Building components that contain major defects (bowing, sagging, or settling to any or
all exterior components causing the. structure to be out-of-plumb, or broken, loose or
missing material and deterioration over a widespread area) so extensive that the cost of
repair would be excessive.
Final Building Rating
After completion of the exterior building condition survey, each structure was placed in one of
three categories based on the combination of defects found in various primary and secondary
building components. Each final rating is described below:
C-10 February 2005
Sound
Sound buildings can be kept in a standard condition with normal maintenance. Buildings so
classified have no minor defects.
Deficient
Deficient buildings contain defects that collectively are not easily correctable and cannot be
accomplished in the course of normal maintenance. The classification of major or minor
reflects the degree or extent of defects found during the survey of the building.
• Deficient-Minor
Buildings classified as "deficient — requiring minor repairs" have more than one minor
defect,but no major defects.
• Deficient-Major
Buildings classified as "deficient — requiring major repairs" have at least one major
defect in one of the primary components or in the combined secondary components, but
less that one critical defect.
Substandard
Structurally substandard buildings contain defects that are so serious and so extensive that
the building must be removed. Buildings classified as structurally substandard have two or
more major defects.
Minor deficient and major deficient buildings are considered to be the same as deteriorating
buildings as referenced in the Act. Substandard buildings are the same as dilapidated
buildings.
Conclusion: Dilapidation was not found to be present within the Study Area. While all of the
structures in the Study Area contained identifiable deficiencies none was significant enough
for the building to be classified as substandard or dilapidated.
2. Obsolescence
As defined in the Act, "obsolescence"refers to the condition or process of falling into disuse.
Structures have become ill suited for the original use.
In making findings with respect to buildings, it is important to distinguish between functional
obsolescence which relates to the physical utility of a structure, and economic obsolescence
which relates to a property's ability to compete in the marketplace.
Functional Obsolescence
Historically, structures have been built for specific uses or purposes. The design,
location, height, and space arrangement are intended for a specific occupant at a given
time. Buildings become obsolete when they contain characteristics or deficiencies which
limit their use and marketability after the original use ceases. The characteristics may
include loss in value to a property resulting from an inherent deficiency existing from
C-11 February 2005
poor design or layout, the improper orientation of the building on its site, etc., which
detracts from the overall usefulness or desirability of a property.
Economic Obsolescence
Economic obsolescence is nonnally a result of adverse conditions which cause some
degree of market rejection and depreciation in market values.
If functionally obsolete properties are not periodically improved or rehabilitated, or
economically obsolete properties are not converted to higher and better uses, the income and
value of the property erodes over time. This value erosion leads to deferred maintenance,
deterioration, and excessive vacancies. These manifestations of obsolescence then begin to
have an overall blighting influence on surrounding properties and detract from the economic
vitality of the overall area.
Obsolescence as a factor should be based upon the documented presence and reasonable
distribution of buildings evidencing such obsolescence. Obsolete buildings contain
characteristics or deficiencies that limit their long-term sound use or reuse. Obsolescence in
such buildings is typically difficult and expensive to correct. Obsolete building types have an
adverse affect on nearby and surrounding development and detract from the physical,
functional and economic vitality of the area.
Buildings within the Study Area are both functionally and economically obsolete. Functional
obsolescence is demonstrated by the difficulty is leasing office space and the high vacancy
rate.
The two three-story office buildings are largely vacant with approximately 140,000 square
feet of available space. These buildings lack the amenities needed to be competitive in the
current office market. Garage parking is limited, there is no atrium or formal entry and
ceilings are low. Even more problematic is column spacing which makes interior space
layout inefficient and the lack of electric or telecommunications infrastructure in the floor,
requirements for open office floor plans. The concrete floors and ceiling heights make
retrofitting uneconomical. These office buildings were connected as an addition, with a
variation in floor heights that required ramping. Among other building deficiencies are the
lack of loading docks and freight elevators, amenities required by today's potential office
tenants.
The single-story building within the Study Area was built originally as a warehouse with
office space fronting on Butterfield Road. The original main entrances are no longer used,
having been replaced with signs directing visitors to the reception desk which has been
relocated to the rear of the building near the original loading dock locations. Warehouse use
has been discontinued and the original warehouse space has been converted to offices, with
enclosed offices with drop ceilings along the perimeter and office areas open to the roof
framing in the interior. The high ceilings that were needed for the former use are not required
for current use.
Economic obsolescence is demonstrated by a lack of growth in equalized assessed value. The
equalized assessed value of the tax parcel that contains the two three-story buildings has
decreased by 3.2% over its 1998 value. While the equalized assessed value of the single-
C-12 February 2005
I
story office/warehouse building registered a 4% increase between the 1998 and 2003 tax
years,this falls far short of the 32% increase in equalized assessed value experienced by Oak
Brook as a community for the same period.
Conclusion: Obsolescence is present to a meaningful extent and reasonably distributed
within the Study Area, affecting each of the three office buildings within the Study Area.
3. Deterioration
As defined in the Act, "deterioration" refers to, with respect to buildings, defects including,
but not limited to, major defects in the secondary building components such as doors,
windows, porches, gutters and downspouts, and fascia. With respect to surface
improvements, the condition of roadways, alleys, curbs, gutters, sidewalks, off-street
parking, and surface storage areas evidence deterioration, including, but not limited to,
surface cracking, crumbling, potholes, depressions, loose paving material, and weeds
protruding through paved surfaces.
Based on the definition given by the Act, deterioration refers to any physical deficiencies or
disrepair in buildings or site improvements requiring treatment or repair. All of the improved
tax parcels within the Study Area exhibit deterioration to varying degrees,with respect to site
improvements, structures and buildings.
Evidence of deterioration with respect to the single-story office building includes rusting
sofits along the warehouse section of the building and stained brick that is indicative of water
damage and a broken exterior light fixture at the side entrance on the west fagade of the
building. Pavement cracking and deterioration was observed throughout the paved areas of
this parcel.
An interior inspection of the two three-story office buildings was conducted as part of the
eligibility analysis. Water damage is evident from air conditioning system leaks throughout
the building. Window seals have also deteriorated. Limestone cracks are present in exterior
building walls.
Cracking is also evident in building entryways and maintenance effoi s have not successfully
corrected the damage, indicating more serious structural failure. Parking lot pavement is also
deteriorated, and rusted storm sewer grates were observed. Paved walkways around the
building are heaving in places, especially near the detention pond.
Peeling paint and rust spots were observed with respect to the Commonwealth Edison utility
pole. The concrete base also contained minor cracks.
Conclusion: Deterioration is present to a meaningful extent and reasonably distributed
throughout the Study Area, affecting all improved parcels.
4. Presence of Structures Below Minimum Code Standards
As defined in the Act, the "presence of structures below minimum code standards"refers to
all structures that do not meet the standards of zoning, subdivision, building, fire; and other
C-13 February 2005
overnmental codes applicable to property, but not including housing and property
maintenance codes.
As referenced in the definition above, the principal purposes of governmental codes
applicable to properties are to require buildings to be constructed in such a way as to sustain
safety of loads expected from the type of occupancy; to be safe for occupancy against fire
and similar hazards; and/or to establish minimum standards essential for safe and sanitary
habitation. Structures below minimlun code standards are characterized by defects or
deficiencies that threaten health and safety.
None of the office buildings have office street loading docks as required by current Oak
Brook development regulations. Buildings must be brought up to code during tenant build-
out. The owners and leasing agents for the two three-story office buildings have studied a
number of options for providing freight elevators and loading dock facilities, but the design
of the buildings has precluded the provision of such facilities.
Additionally, the single-story office building at 3121 Butterfield Road has no provision for
stormwater detention which would be required today. This building was built in 1969, before
such facilities were required.
Conclusion: This factor is meaningfully present and reasonably distributed within the Study
Area affecting the two largest improved parcels.
5. Illegal Use of Structures
There is an illegal use of a structure when strictures are used in violation of federal, state or
local laws. Based on the surveys conducted, no structures in the Study Area are used
illegally.
Conclusion: This factor was found not to be present within the Study Area.
6. Excessive Vacancies that are
As defined in the Act, -excessive t reresentran adverse influence on the area because of
unoccupied or under-utilized and p
the frequency, extent, or duration of the vacancies.
The buildings in the Study Area are more than 70% vacant, a condition that has been present
for several years, despite sustained efforts to lease the property. Approximately 140,000
square feet of space is currently available. Since the vacancy rate in the surrounding office
market is approximately 30% and includes space in buildings with the type of amenities
demanded by prospective office tenants, it is unlikely that the property owner will be able to
successfully re-lease these buildings. As noted in the discussion of obsolescence, these
buildings lack amenities such as impressive lobbies, dining facilities, loading docks, and
freight elevators that are requirements in today's competitive office market.
Conclusion: Excessive vacancy as a factor is meaningfully present and reasonably
distributed within the Study Area.
C-14 February 2005
7. Lack of Ventilation,Light, or Sanitary Facilities
As defined in the Act, "lack of ventilation, light, or sanitary facilities" refers to the absence
of adequate ventilation for light or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the absence or inadequacy of skylights or
windows for interior spaces or rooms and improper window sizes and amounts by room area
to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural
inadequacies preventing ingress and egress to and from all rooms and units within a
building.
Conclusion: This condition is not present within the Study Area. The buildings are all less
than 40 years old and were build in accordance with applicable building codes that required
provision of ventilation, light and sanitary facilities.
8. Inadequate Utilities
As defined in the Act, "inadequate utilities"refers to underground and overhead utilities such
as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i)
of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated,
antiquated, obsolete,.or in disrepair, or(iii) lacking within the redevelopment project area.
Despite having a five-acre detention pond on the property, additional stormwater capacity
must be secured to allow redevelopment of the Study Area. This pond serves as an on-line
detention pond for the properties up stream, but cannot be used to provide storage for
additional development or redevelopment within the Study Area. The 3121 Butterfield Road
ater detention entirely. The Stud
lacks stormw Y Y Area contains easements for several major
gas and electric lines that impede redevelopment of this property.
Conclusion: This factor is meaningfully present and reasonably distributed within the Study
Area affecting the entire Study Area.
J.f g .
9. Excessive Land Coverage or Overcrowding of Community Facilities
As defined in the Act, "excessive land coverage or overcrowding of community facilities"
refers to the over-intensive use of property and the crowding of buildings and accessory
facilities onto a site. Examples of problem conditions warranting the designation of an area
as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly
situated on parcels or located on parcels of inadequate size and shape in relation to present-
day standards of development for health and safety and(ii) the presence of multiple buildings
on a single parcel. For there to be a finding of excessive land coverage, these parcels must
exhibit one or more of the following conditions: insufficient provision for light and air within
or around buildings, increased threat of spread of fire due to the close proximity of buildings,
lack of adequate or proper access to a public right-of-way, lack of reasonably required off-
street parking, or inadequate provision for loading and service.
C-15 February 2005
All of the buildings within the Study Area have inadequate provision for loading and service.
The two three-story buildings lack freight elevators and loading docks. The single-story
building, while built as a warehouse, has been reconfigured with offices and no longer
contains any space specifically designated for loading and service. This building also has
issues related to proper access to a public right-of-way since access to Butterfield Road is
limited to right-in,right-out turns.
Conclusion: This factor is meaningfully present and reasonably distributed throughout the
Study Area.
10. Deleterious Land Use or Layout
As defined in the Act, "deleterious land-use or layout"refers to the existence of incompatible
land-use relationships,buildings occupied by inappropriate mixed-uses, or uses considered to
be noxious, offensive, or unsuitable for the surrounding area.
This factor is present due to the presence of the Commonwealth Edison utility lines that
distribute power to from the substation immediately west of the Study Area to the regional
power grid. Additionally, the right in, right out access limitations for 3121 Butterfield Road
that require informal cross access across adjacent parcels for west bound traffic movement on
either Butterfield Road or Technology Drive create potential impediments to the individual
redevelopment of these parcels.
Conclusion: This factor affects two of the three improved tax parcels and creates
impediments to the redevelopment potential of the entire Study Area.
11. Environmental Clean-Up Requirements
As defined in the Act, "environmental clean-up" means that the area has incurred Illinois,
Environmental Protection Agency or United States Environmental Protection Agency
remediation costs for, or a study conducted by an independent consultant recognized as
having expertise in environmental remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground storage tanks required by State or
federal law, provided that the remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project area.
Conclusion: No evidence of environmental contamination of clean up requirements was
identified as part of this eligibility analysis. Consequently, this factor was not found to be
present in the Study Area and was not used to establish eligibility as a blighted area under
the Act.
C-16 February 2005
12.Lack of Community Planning
As defined in the Act, "lack of community planning" means that the proposed redevelopment
project area was developed prior to or without the benefit or guidance of a community plan.
This means that the development occurred prior to the adoption by the municipality of a
comprehensive or other community plan or that the plan was not followed at the time of the
area's development. This factor must be documented by evidence of adverse or incompatible
land-use relationships, inadequate street layout, improper subdivision,parcels of inadequate
shape and size to meet contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
Evidence of this factor includes the fact that the Study Area includes land that forms part of
the Meyers Road right-of-way, but which was never formally dedicated. Although the
County's tax maps do not show this deficiency, discussions with the County Clerk's office
confirmed that this is the situation.
Oak Brook has developed as a community largely without the benefit of.a formally adopted
comprehensive plan. Before Oak Brook was established as a municipality, Paul Butler, a
prominent land owner established a polo club and assembled approximately 3,600 acres of
contiguous land to establish a"new town." His vision was a large development that included
residences; retail, office and hotels that served and reinforced each other. In the initial
development of the Village, the approach to density was based on the development of a
standard two to three story building with surface parking. The amount of land not covered by
building or parking was largely determined by what"looked right."
The community grew on a largely ad hoc basis responding to market-driven development
proposals that included the approval of Oakbrook Center, which has become the primary
economic engine of the Village. The Village's first comprehensive plan was adopted in June
1969, with subsequent comprehensive plan updates approved in February '973, May 1978
and November 1988. In 1995 an update to the Oak Brook Comprehensive Plan was prepared,
but has not been adopted by the Village. At present land use policy is established by the
Village's Zoning Ordinance and Zoning Map.
While the 1995 Comprehensive Plan Update has not been adopted by the Village it provides
useful insights and information concerning conditions that have impacted opportunities for
redevelopment of increasingly obsolete office and other commercial uses along the
Butterfield Road corridor.
Oak Brook is challenged by its own maturation and competition from other suburbs. Former
bedroom communities have become major office centers in their own right, redeveloping
obsolete facilities to accommodate mixed-use office developments at higher densities, with
structured parking as well as retail, restaurant and recreational uses that are integral parts of
the development.
Many of the office buildings found in Oak Brook were built more than 25 years ago and have
not been renovated to accommodate new communications technologies. At the time these
buildings were built,business was conducted in substantially different ways. Today, many of
these buildings are largely vacant, including those found in the Study Area.
C-17 February 2005
The Village has been able to rely largely on the sales tax revenues produced by Oakbrook
Center and does not currently have a property tax levy to support Village services. However,
this reliance on sales tax revenues means that new retail facilities must be developed to help
augment those that currently exist. No sales tax revenues are generated by the current uses
that can be used to offset public service costs.
The planning principles that created Oak Brook were focused on the automobile rather than
creating retail and other activity centers to serve residents. As a result, Oak Brook lacks an
area that can be viewed as a "town center" an amenity that many similarly situated suburbs
have worked to create over the past few decades.
Conclusion: Lack of community planning affects the entire Study Area to a meaningful
extent. The improved portions of the Study Area were developed nearly ten years apart and
are linked by informal, ad hoc access points rather than a coordinated internal circulation
system.
13. Lagging or Declining Equalized Assessed Value
As defined in the Act, this factor is present when the Study Area can be described by one of
the following three conditions: 1) the total equalized assessed value ("EAV")has declined in
three of the last five years; 2) the total EAV is increasing at an annual rate that is less than
the balance of the municipality for three of the last five years; or 3) the total EAV is
increasing at an annual rate that is less than the Consumer Price Index for all Urban
Consumers for three of the last five years.
Table A, Comparative Increase in Equalized Assessed Value—Improved Property compares
the annual change in EAV for improved property within the Study Area with the balance of
the Village.
Table A
COMPARATIVE INCREASE IN EQUALIZED ASSESSED VALUE — IMPROVED
PROPERTY
2003 2002 2001 2000 1999
Improved Property $6,705,490 $6,711,110 $7,009,238 $6,662,760 $6,664,940
within the Study
Area— EAV and %
Change over Prior -0.08% -4.25% 5.20% -0.03% -1.98%
Year
Balance of Oak
Brook- % Change 2.59% 9.59% 7.38% 5.24% 4.09% j
over Prior Year
Source:York Township, buPage County Clerk,Cook County Clerk
I
As shown in Table A, the equalized assessed value of improved property within the Study
Area has declined for four of the last five tax years and lagged that of the Village for the fifth
year.
C-18 February 2005
Conclusion: Lagging or declining EAV is meaningfully present and reasonably distributed
within the Study Area.
VACANT LAND
Two tax parcels are classified as vacant land for purposes of this eligibility analysis and
comprise 6.7% of the land in the Study Area. Vacant land qualifies as a blighted area if any of
two of the six Vacant Blighted Area Option A Factors exist or if any one of the Vacant Blighted
Area Option B factors exist.
Both vacant tax parcels within the Study Area meet the criteria required for designation as a
"vacant blighted area" as set forth in the Act. The vacant part of the Study Area satisfies three of
the Vacant Blighted Area Option A Factors, as described below. None of the Vacant Blighted
Area Option B factors are applicable to land in the Study Area.
Vacant Blighted Area Option A Factors
Vacant areas within the Study Area may qualify for designation as part of a redevelopment
project area, if the sound growth of the redevelopment project area is impaired by a combination
of two of six factors listed in section 11-74.4-3(a)(2) of the Act, each of which is (i)present,with
that presence documented, to a meaningful extent so that a municipality may reasonably find that
the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout
the vacant part of the redevelopment project area to which it pertains. These factors include:
a. Obsolete Platting
This factor is present when the platting of vacant land results in parcels of limited or narrow
size or configuration of parcels in irregular size or shape that would be difficult to develop on
a planned basis, in a manner compatible with contemporary standards and requirements.
Obsolete platting is also evident where there is a failure to create rights-of-way for streets or
alleys or where public rights-of-way are of inadequate widths, or easements for public
utilities have not been provided.
II
One of the two vacant parcels is only 2,704 square feet in size and appears to have been
platted as an access point to Technology Drive. However, neither of the two parcels that are
improved with buildings are immediately adjacent to this parcel. The second vacant parcel is
100 feet in width and appears to have been platted to allow Technology Drive to be extended
to connect with Meyers Road. The size and shape of these parcels makes them unsuitable for
development of commercial uses. Consolidation with larger adjacent parcels is required to
create a site that developed in accordance with contemporary development standards
Conclusion: Obsolete platting is meaningfully present and reasonably distributed within the
Study Area, since it applies to all vacant land within the Study Area.
I
i
b. Diversity of Ownership
This factor is present when the number of owners of the vacant land is sufficient in number
to retard or impede the assembly of land for development.
C-19 February 2005
Conclusion: This factor is not present within the Study Area since all of the property is
under common ownership.
c. Tax and Special Assessment Delinquencies
This factor exists when tax or special assessment delinquencies exist or the vacant land has
been the subject of tax sales under the property tax code within the last five years. No tax
delinquencies were identified during the analysis of equalized assessed value changes.
Conclusion: This factor is not present within the Study Area.
d. Deterioration of Structures or Site Improvements in Neighboring Areas Adjacent to the
Vacant Land
Deterioration of structures or site improvements in neighboring areas adjacent to the vacant
land includes the improved areas as described in the previous sections. The criteria used for
evaluating the deterioration of strictures and site improvements in neighboring areas is
presented in greater detail elsewhere in the Eligibility Study.
The improved part of the Study Area is adjacent to the vacant portion of the Study Area. As
described previously in this report, deterioration is present to a meaningful degree in the
improved portion of the Study Area, which makes up 93.3% of the total land area.
Conclusion: This factor is present to a meaningful extent and impacts both vacant tax
parcels.
e. Lagging or Declining EAV
As defined in the Act, a "declining or lagging equalized assessed valuation" means that the
total equalized assessed value of the proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which the redevelopment project is designated
or is increasing at an annual rate that is less than the balance of the municipality for 3 of the
last 5 calendar years for which information is available or is increasing at an annual rate that
is less than the Consumer Price Index for All Urban Consumers published by the United
States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is designated.
Table B
COMPARATIVE INCREASE IN EQUALIZED ASSESSED VALUE—VACANT LAND
2003 2002 2001 2000 1999
Vacant Land $202,020 $202,020 $185,770 $176,590 $170,290
within the Study
Area—EAV and %
Change over Prior 0.00% 8.75% 5.20% 3.70% N/A
Year
Balance of Oak
Brook- % Change 2.59% 9.59% 7.38% 5.24% 4.09%
over Prior Year
Source:York Township, DuPage County Clerk,Cook County Clerk
C-20 February 2005
The two vacant tax parcels in the Study Area were exempt prior to 1999. Consequently the
prior year comparison only applies to a four year period. However, the EAV of the Study
Area lagged that of the balance of the Village in each of the four years.
Conclusion: The vacant portion of the Study Area satisf es the definition contained in the
Act with respect to stagnant or declining EAV for four of the past five years. Therefore, this
factor is meaningfully present and reasonably distributed throughout the Study Area.
f. Environmental Clean-Up
As defined in the Act, "environmental clean-up" means that the area has incurred Illinois
Environmental Protection .Agency or United States Environmental Protection Agency
remediation costs for, or a study conducted by an independent consultant recognized as
having expertise in environmental remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground storage tanks required by State or
federal law, provided that the remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project area.
Conclusion: No existing environmental surveys were found that identify other sites within
the Study Area as environmentally contaminated, nor were any such surveys conducted as
part of this Study. Therefore, this factor was not found to be present within the Study Area.
ELIGIBILITY ANALYSIS SUMMARY
On the basis of the above review of current conditions, the improved portion of the Study Area
meets the criteria for qualification as a blighted area. The Project Area exhibits the presence of
nine of the 13 improved blighted area factors. All of these factors are meaningfully present and
reasonably distributed throughout the Study area. Only five factors are required to qualify as a
blighted area under the Act. The vacant land within the Study Area also meets the applicable
eligibility test.
The presence of the factors applicable to the determination of blight with respect to improved
property and vacant land are summarized in Table C: Distribution of Blighting Factors. This
summary demonstrates that the degree to.which these conditions are meaningfully present and
reasonably present within the Study Area.
C-21 February 2005
Table C:
DISTRIBUTION OF BLIGHTING FACTORS
Improved Property Eligibility Factors("X":factor resent)
Improved Tax Parcels 1 2 3 4 5 6 7 8 9 10 11 12 13
06-28-103-005 X X X X X X X X X
06-28-103-009 X X X X X X X X
06-28-103-014 X X X X X X X
Number of Parcels
Where Factor is
Present 3 3 2 2 3 3 2 3 3
%of Improved Parcels 100% 100% 67% 67% 10='/- 1 67% 100% 100%
•-These tax parcels are comprised solely of railroad right-of-way not subject to private investment and were,therefore,not analyzed as part
of the Eligibility Study.
Legend of Eligibility Factors-Improved Property
1 Dilapidation
2 Obsolescence
3 Deterioration
4 Presence of structures below minimum code standards
5 Illegal use of structures
6 Excessive vacancies
7 Lack of ventilation,light or sanitary facilities
8 Inadequate utilities
9 Excessive land coverage or overcrowding of community facilities
10 Deleterious land use or layout
11 Environmental contamination
12 Lack of community planning
13 Lagging or declining EAV
C-22 February 2005
Table C: (Continued)
DISTRIBUTION OF BLIGHTING FACTORS
Vacant Land Eligibility Factors "X"=factor present)
Vacant Tax Parcels Option A Factors (2 required) Option B Factors(1 required)
A B C D E F G H I J K
06-28-103-018 X X X
06-28-103-019 X X X
Number of Parcels
Where Factor Is
Present 2 2 2
%of Total 100% 100% 100%
Legend of Eligibility Factors- Vacant Land
A Obsolete platting
B Diversity of ownership
C Tax andspecial assessment delinquencies
D Deterioration of structure or site improvements in areas adjacent to vacant land
E Environmental contamination
F —Lagging or declining equalized assessed valuation
G Unused quarries, mines or strip ponds
H Unused rail yards, rail tracks or railroad right-of-ways
Subject to chronic flooding as certified by registered en ineer or regulatory agency
J Unused or illegal disposal site
K Blighted before becoming vacant
` III
i
C-23 February 2005
APPENDIX D
VILLAGE OF OAK BROOK TIF #1
OAK BROOK PROMENADE
REDEVELOPMENT AND PROJECT AREA
INITIAL EQUALIZED ASSESSED VALUE
# PIN NO. 2003 EAV
1 06-28-103-005 $1,051,830
2 06-28-103-009 $5,394,080
3 06-28-103-014 $259,580
4 06-28-103-018 $10,370
5 06-28-103-019 $191,650
Total Initial EAV $6,907,510
D-1 February 2005
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 June 6, 2005 , the corporate
authorities of the above municipality passed and approved
Ordinance 2005-TX-TIF-EX4 -5-1120 ,
AN ORDINANCE APPROVING THE VILLAGE
OF OAK BROOK TIF#1 BUTTERFIELD-MEYERS
ROAD REDEVELOPMENT PLAN AND PROJECT
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 15th day of December , 2005.
6
s'e �P S'`'.S vB3ryl� y iP
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL