S-1041 - 06/10/2003 - SPECIAL USE - OrdinancesJ.P. "HICK" CARNEY
DUPAGE COUNTY RECORDER
JUN.17,2003 3:38 PM
OTHER 06 — 23 — 300 — 022
006 PAGES R2003-228073
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2003- ZO -SU -S -1041 AN ORDINANCE GRANTING A SPECIAL
USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner of Route 83
and 22nd Street)
Property Address /es NORTHEAST CORNER OF ROUTE 83 AND 22ND STREET, OAK BROOK, IL
60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -23- 300 -022 THROUGH 06 -23- 300 -033, 06 -23- 300 -036, 06 -23- 300 -037, 06 -23-
300 -040 THROUGH 06 -23- 300 -046
Name & Address of Applicant OAKBROOK SHOPPING CENTER LLC, 100 OAKBROOK CENTER,
OAK BROOK, IL 60523
Name & Address of Responsible OAKBROOK SHOPPING CENTER LLC
Party to Receive Recorded 100 OAKBROOK CENTER
Document and Billing: OAK BROOK, IL 60523
G/L Account # to be Charged 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged
Return To: Village of Oak Brook
1200 Oak Brook Road
N/A
Oak Brook, Illinois 60523
r-v e
ORDINANCE 2003- ZO -SU- &-1041
AN ORDINANCE GRANTING A SPECIAL USE
FOR A SPECIALTY RETAIL PROGRAM
(Oakbrook Center Mall)
(Northeast Corner Of Route 83 and 22nd Street)
WHEREAS, an application has heretofore been filed by the leasing and managing agent of
Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the
issuance of a Special Use to authorize a Specialty Retail Program in the Oakbrook Center on said
property, and the beneficial owner of said property has approved said application, and
WHEREAS, pursuant to Ordinance 2003- ZO -TA -G —721 , the Village President and Board of
Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to
add such Specialty Retail Programs as a special use in the B -2 Regional Shopping Districts, and
WHEREAS, all of the Oakbrook Center is zoned B -2, Regional Shopping Center District, and
WHEREAS, a public hearing on such application has been conducted by the Plan Commission of
the Village of Oak Brook on January 20, 2003, February 17, 2003 and March 17, 2003, and said
Commission has submitted its report on the subject application to the Zoning Board of Appeals and the
President and Board of Trustees and has recommended approval of the issuance of such special use,
subject to certain conditions and
WHEREAS, a public hearing on such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on April 1, 2003, pursuant to due and appropriate legal notice, and
said Board has submitted its report on the subject application to the President and Board of Trustees and
has made certain findings of fact and recommended the approval of the issuance of such Special Use,
subject to certain conditions, and
WHEREAS, the President and Board of Trustees have reviewed these findings and
recommendations and concur with them and deem the passage of this ordinance to be in the best
interests and in furtherance of the general welfare of the Village of Oak Brook,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS
Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein
Section 2 That a Special Use pursuant to the provisions of Sections 13 -713-2 and 13 -14 -9
of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center,
which Center in legally described as follows
Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23,
Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois,
recorded October 24, 1960 as Document No 984765, excepting from said Lots 5, 7, and 9 those
parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as
Document No R61- 30843, and also except from said Lot 9 that part thereof included within the
First Federal Resubdivision, recorded May 3, 1978 as Document No R78- 38235, and also
A
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Ordinance 2003- ZO -SU -S -1041
Granting Special Use for
Specialty Retail Program - Page 2 of 4
except, that part of said Lot 3 described as follows commencing at the Northwest corner of said
Lot 3, thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a
distance of 525 99 feet to the most northerly corner of said Lot 8, thence South 39 Degrees 27
Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36 16 feet to
the point of beginning, thence South 88 Degrees 54 Minutes 23 Seconds East along a line
parallel with the North line of said Lot 3, a distance of 63 60 feet to the southwesterly line of the
Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No R81- 57605,
thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance
of 5134 feet, thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly
line, a distance of 6 42 feet to a point on a line being 130 00 feet East and normally distant from
the West line of said Lot 8, thence South 01 Degrees 05 Minutes 3,7 seconds West along a line
parallel with the West line of said Lot 8, a distance of 59 54 feet to the southwesterly line of said
Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said
Lot 3, a distance of 49 59 feet, thence North 39 Degrees 27 minutes 29 Seconds West along said
southwesterly line, a distance of 96 83 feet to said point of beginning, and also except that part of
said Lot 3 described as follows beginning at the Southwest corner of said Lot 3, thence North 62
Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of
25 45 feet to a point on a line being 12 00 feet North of and normally distant from the South line of
said Lot 3, thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the
South line of said Lot 3, a distance of 98 60 feet to the southwesterly line of the Oakbrook
Terrace Assessment Plat recorded October 26, 1981 as Document No R81- 57605, thence South
77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6 17 feet,
thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance
of 78 48 feet to the South line of said Lot 3, thence South 89 Degrees 19 Minutes 24 Seconds
West along said South line, a distance of 159 88 feet to said point of beginning, and also except
the West 130 feet and the South 12 feet of said Lot 8
Permanent Parcel Nos 06 -23- 300 -022 through 06 -23- 300 -033, 06 -23- 300 -036, 06 -23 -00 -037,
06 -23- 300 -040 through 06 -23- 300 -046
Section 3 That the Special Use herein be granted specifically subject to the following conditions
That the number, type, materials, architectural style and general location of the structures
and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the
Specialty Retail Program shall be in accordance with the (a) Site Plan prepared by D
Agostino Izzo Quirk Architects, Inc , dated May 16, 2003 (the "Revised Site Plan "), (b)
that certain letter from the leasing and managing agent of Oakbrook Center the
( "Manager "), dated May 13, 2003 (the "Revised Program Summary'), and (c) the
elevations prepared by D Agostino Izzo Quirk Architects, Inc , dated February 4, 2003
and June 1, 2003 (the "Architectural Elevations ")
2 That those uses and structures that are not described in the Revised Program Summary
as being year -round shall be operated only during those time periods set forth in the
Revised Program Summary
3 That the structures or areas comprising the Specialty Retail Program, including the
pavilions, kiosks, carts, mobile units and activity areas shall be owned /leased and
operated in accordance with the Revised Program Summary and substantially in
accordance with the draft program guidelines as set forth in that certain spiral -bound
booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41
pages, prepared by the Manager (the "Draft Program Operating Guidelines "), i e , by an
establishment operating in a completely enclosed building in Oakbrook Center, by the
Manager, or by an establishment reviewed and approved by the Manager
Ordinance 2003- ZO -SU -S -1041
Granting Special Use for
' Specialty Retail Program - Page 3 of 4
4 That the hours of operation need not coincide with those of adjacent or related stores, so
long as such hours do not contradict the Revised Program Summary or otherwise violate
the terms of Village Ordinances
5 That no alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units
and activity areas comprising the Specialty Retail Program
6 That at close of each operating season, and whenever not in use, carts and mobile units
shall be stored in a completely enclosed building within Oakbrook Center
7 That when not in use, all connection areas for cart and mobile unit utilities, anchors, or
the like shall be properly secured so as to present no danger to pedestrians
8 That all pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty
Retail Program shall have the operating location or locations designated on the Revised
Site Plan or in the Revised Program Summary, and the Manager shall first notify the
Village's Building Department of the proposed location or any change of same
9 That exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion,
kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in
the Revised Program Summary and Revised Site Plan
10 That carts and mobile units shall not be located in areas convenient to drive -up traffic,
including, but not limited to parking lots and structures, and shall not be proximate to
theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas
proximate to retail shops and convenient to pedestrian shoppers
11 That cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for
pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or
entranceway of any enclosed establishment in Oakbrook Center
12 That all operators of pavilions, kiosks, mobile units and activity areas comprising the
Specialty Retail Program shall be responsible for maintaining said structures or areas,
and the surrounding areas, in a clean and safe condition
13 That all aspects of the Specialty Retail Program shall comply with all other requirements
for such special uses as found in the Oak Brook Zoning Ordinance
14 That the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty
Retail Program shall not be less than four hundred (400) feet from a public street
15 That the Specialty Retail Program improvements to the Oakbrook Center be constructed
in substantial conformity with the Architectural Elevations
16 The color and general appearance of the building materials utilized for the pavilions,
kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent
and /or compatible with the color and general appearance of the building materials
otherwise utilized within the Property
17 The goods marketed and sold by or through the Specialty Retail Program will not be
materially different in character or quality than the goods sold throughout the remainder
of the Property
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Ordinance 2003- ZO -SU -S -1041
Granting Special Use for
Specialty Retail Program - Page 4 of 4
If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk,
mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then,
within ten (10) days after receipt of said notice, this Special Use shall automatically terminate and be of
no further force or effect as to the non - complying pavilion, kiosk, mobile unit or activity area
Section 5 That this Ordinance is limited and restricted to the property presently occupied by
the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL, as
legally described in Section 2
Section 6 That this Ordinance shall be in full force and effect from and after passage and
approval pursuant to law
PASSED THIS 10th day of JUNE , 2003
Ayes Trustees Aktipis, Caleel, Korin, Miologos and Yusuf
Nays None
Absent Trustee Crai
Abstain None
APPROVED THIS
10th day of JUNE , 2003
� r
Approved as to Form
Village Attorney
i
Zz
V ge President
Published
Date Paper
Not Published XX