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S-1005 - 10/09/2001 - ZONING - Ordinances Exhibits� r -;00! tj :S t 4kTTAC06b AN ORDINANCE AUTHORIZING A SPECIAL USE PROVIDED FOR BY SECTION VII F -2 �,�.• j�.� `p OF THE OAK BROOK ZONING, ORDINANCE, BEING ORDINANCE NO. G -60 OF MARCH 22 1966) AS AMENDED. - - - - - - - - - - WHEREAS, Oak Brook Development Company previously filed with the Village Clerk of the Village of Oak Brook, Illinois an application dated September 27, 1966, requesting among other things that a special use be authorized for single - family attached and semi - detached dwellings on property described in Exhibit A attached to and made a part hereof (hereinafter referred to as the "Premises ''), and also described in an I exhibit attached to said application, which application with attached exhibit was thereafter entered into the records of a meeting of the Board I of Trustees; and WHEREAS, the Village Clerk,forwarded a copy of said application to the Plan Commission of the Village and also forwarded a copy of said application and exhibits to the Zoning Board of Appeals of the Village with a request to hold a public hearing and submit to the Board of Trustees of the Villagpe (hereinafter referred to as the "Village Board ") a report of its findings and G recommendations; and WHEREAS, said Board of Appeals, after receiving and considering the October 18, 1966 report of the Plan Commission, and after considering the { testimony and evidence preseNted at a public hearing on said application, which ,public hearing was held on October 25 and 26, 1966, upon notice by publication in the Oak Brook and Hinsdale Doings on October 6, 1966, reported its findings an& recommendations to the Village Board on November � 3, 1966; and r I �_ _7t,Z77, i-, WHEREAS, the Village Board, having reviewed said reports of the PllIan i J Commission and Zoning Board of Appeals, both of which reports recd thel authorization of the special use, now finds: (1) Oak Brook Development Company is the beneficial owner of the Premises and entitled to exclusive possession thereof and intends to request a zoning certificate for each structure erected thereon. -- (2) Oak Brook Development Company has complied with all of the requirements of the Oak Brook Zoning Ordinance as amenc rel end (hereinafter referred to as the ''Ordinance '') and applicable statutes of the State of Illinois, and the procedure followed in processing its application, set forth above, satisfies all of the requirements of the Ordinance and applicable statutes of the State of Illinois. (3) The special use requested is one that may be authorized b the Village Board under the provisions of the Ordinance, and the Premises are presently zoned R -4 and consist of more than fi (50) acres in area as required by Section VII F -2(c) of the Ordinance. (4) The special use requested is so designed, located and proposed I to be operated that the public health, safety and welfare will be pro- tected, and the special use will not cause injury to the value of other property in the neighborhood in which it is to be located. (5) The special use requested will be an economically sound and ,an M esthetically pleasing use of the Premises. (6) The area for which the special use is requested is an area of the type referred to in Section VII A -3 of the Ordinance as being p�ar- titularly suited for types of dwelling units other than single- family detached, because characterized by proximity to heavy traffic,, the regional shopping center or light industry. - 2 - ;I f NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Illinois, that: Section 1. Pursuant to Section VII F -2(c) of the Ordinance, the Premises' described in Exhibit A attached hereto and made a part hereof may be developed as a special use by Oak Brook Development Company, exclusively, without regard to the provisions of sub sections F -3 through F -9, both inclusive, of Section VII and th'e provisions of subsection G of Section V of the Ordinance, for: Single-family detached, attached and semi - detached dwellings, provided that the gross density of the Premises when fully de- veloped shall not exceed three dwelling units per acre; the height of any structure shall not exceed 30 feet; no structure shall con- tain more than two and one -half stories; the ground floor living area per dwelling shall not be less than 1, 300 square feet for a one -story dwelling, and 900 square feet for a dwelling of more than one story; and off- street parking shall meet the requirements of Section XI of the Ordinance. ' Section 2, This special use is authorized on the following conditions: (a) Preliminary Development Plan (i) Within three (3) months after the issuance of the special use permit herein authorized, Oak Brook Development Company shall cause to be, prepared and filed with the Village Clerk an application for approval of a preliminary development plan for the development of at least fifty (50) acres of the Premises, which plan shall be in substantial conformance with the plan attached hereto as Exhibit B and described in the various materials submitted by Oak Brook Development Company, particularly with regard to site planning, principal structures, architectural design and general standards of quality and cost. Said application shall be accompanied by five (5) copies of each of the following: (A) The preliminary development plan which shall consist of the fallowing: 1. Preliminary subdivision plat locating and showing ;lay- out of streets and drives, public and private, pedestrian walks, if any, utility easements, land to be preserved as permanent common open space, and lots and such other matters as are required by the Oak Brook Subdivision Regulations Ordinance, being Ordinance No. G -37 of April 10, 1962 (hereinafter referred to as the, "Subdivision Ordinance"), accompanied by an application for approval and the required filing fees provided by the Subdivision Ordinance; 2. Preliminary site plan indicating the total- ,g,round area, of all buildings will not exceed twenty (200/o)'per ,centz,- 6futhe total area of the platted land and indicating -.the- arrangement ^? and tentative location of dwellings, including set - backs- ,fr'om C -3- i NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Illinois, that: Section 1. Pursuant to Section VII F -2(c) of the Ordinance, the Premises' described in Exhibit A attached hereto and made a part hereof may be developed as a special use by Oak Brook Development Company, exclusively, without regard to the provisions of sub sections F -3 through F -9, both inclusive, of Section VII and th'e provisions of subsection G of Section V of the Ordinance, for: Single-family detached, attached and semi - detached dwellings, provided that the gross density of the Premises when fully de- veloped shall not exceed three dwelling units per acre; the height of any structure shall not exceed 30 feet; no structure shall con- tain more than two and one -half stories; the ground floor living area per dwelling shall not be less than 1, 300 square feet for a one -story dwelling, and 900 square feet for a dwelling of more than one story; and off- street parking shall meet the requirements of Section XI of the Ordinance. ' Section 2, This special use is authorized on the following conditions: (a) Preliminary Development Plan (i) Within three (3) months after the issuance of the special use permit herein authorized, Oak Brook Development Company shall cause to be, prepared and filed with the Village Clerk an application for approval of a preliminary development plan for the development of at least fifty (50) acres of the Premises, which plan shall be in substantial conformance with the plan attached hereto as Exhibit B and described in the various materials submitted by Oak Brook Development Company, particularly with regard to site planning, principal structures, architectural design and general standards of quality and cost. Said application shall be accompanied by five (5) copies of each of the following: (A) The preliminary development plan which shall consist of the fallowing: 1. Preliminary subdivision plat locating and showing ;lay- out of streets and drives, public and private, pedestrian walks, if any, utility easements, land to be preserved as permanent common open space, and lots and such other matters as are required by the Oak Brook Subdivision Regulations Ordinance, being Ordinance No. G -37 of April 10, 1962 (hereinafter referred to as the, "Subdivision Ordinance"), accompanied by an application for approval and the required filing fees provided by the Subdivision Ordinance; 2. Preliminary site plan indicating the total- ,g,round area, of all buildings will not exceed twenty (200/o)'per ,centz,- 6futhe total area of the platted land and indicating -.the- arrangement ^? and tentative location of dwellings, including set - backs- ,fr'om C -3- streets and drives, and other special features of the jpLan; provided that the minimum distance between principal ' buildings, as measured between bearing walls, shall be not Less than 2,0 feet, except that this distance may b'e reduced by two (2) feet if one of such .waLLs encloses lan attached garage or carport and by four (4) feet if each of such walls encloses an attached garage or carport; provided further that each principal building shall bet set back at Least thirty (30) feet from dedicated public streets, provided that any part or all of the information required to be, shown on the preliminary site plan may instead be shown on the preliminary subdivision plat. (B) Draft of the proposed protective covenants whereby Oak Brook Y Development Company proposes to regulate Land use and otherwise' protect the proposed development, which covenants shall contain; the foLLowin,g specific provisions together with such others as the !Company shall deem appropriate: L. Title to the common open space shall be held by an incorporated home owners' association,. 2. The common open space shall be maintained by said home owners' association, and the pro -rated charges against each owner for the expense of said maintenance,, if not paid when due, shall be a Lien on the property of said owner within the subdivision,, which Lien shall be subordinate only to bona --fide mortgages existing from time to time and Liens imposed pursuant to municipal, state or federal Law. Property of owners within the sub- division shall also be subject to similar Liens for other charges imposed by the association for the expense of removal of garbage a -nd debris, and the maintenance of other common services including utilities and street repairs and clearance. In the event that the home owners' association, or any successor ass,,o.ciation shall at any time after five (5) years subsequent to the recording of the declaration of protective covenants fail to maintain the common open space in reasonable order and condition in accordance with the covenants, the Village of Oak Brook or its suc- cessor may serve written notice upon the association or upon the residents of the subdivision setting forth the, manner in which the association has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held by the Plan Commission within, fourteen (114) days of the notice. At such hearing before the Plan Com- mission, it may modify the terms of the+ origin-aL notice as to the deficiencies and may give an extension of time within which they; may be cured. If such deficiencies, have not been cured withi.h said thirty (30) days or any, extension thereof, the Village', in order to preserve the taxable ;,values ,of; the properties within the subdivision and to prevent `th- e= .e:ommon -4- a$ -k G - ('s a open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common space except when the same is voluntarily dedicated to the pubL &c by the owners. Before the expiration of said year the Village shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such association, or to the residents of the subdivision, to be held by the Plan ! Com - mission, at which hearing such association or the residents of the subdivision shall show cause why such maintenance ',by the Village shaLL not, at the election of the Village, continue for a succeeding year. If the Plan Commission shall determine that such association is ready and able to maintain said';common open space, the Village shall cease to maintain said common open space at the end of said year. If the Plan Commission shaLL determine such association is not ready and able to maintain said common open space, the Village may, in itsi discretion, continue to maintain said common open space during the next succeeding year and subject to a simiLari hearing and determination in each year thereafter. Said; home owners' association shall reimburse the Village for; all expenses incurred by it in maintaining said common space. If said association has not paid,the Village in full for all such cost incurred in any such year within ninety (90) days after the end thereof, then the cost of such main- tenance not so reimbursed shall be assessed in equal shares against the Lots within the subdivision and shall become a Lien on said properties. '1� 3. The common open space shall not be sold or Leased, nor shall it be improved for other than the common social or recreational use of the home owners, and dwellings may not be constructed in said common open space. 4. Appropriate controls regarding sale, transfer, conveyance or Lease of any Lots within the subdivision shaLL be included. 5. No improvement, addition or exterior remodeling (subsequent to initial improvement by Oak Brook Development Compan') shall- be commenced until approved by the Board ,''Ito of Directors of the association. 6. Each Lot owner with respect to party walls shaLL be subject to appropriate provisions regarding use, maintenance and repairs, 7. The covenants sha,LL be recorded in the off ice of Recorder of Deed s of DuPa,,ge County, Illinois, shall I run w1th the land, and shaLL bind the- heirs; administrators, successors and assigns of the owner's, of,`the `Lots in the subdivi- sion=, but no person shall be pers6naLiy Lia °ble for any act or omission not taking place while such'person was not an owner, (C) Drafts of proposed articles of incorporation and, by -Laws of the home owners' associati,o,n, } -5- ' - f r^ C_6 � 4` ' 1 r� i (ii) Said preliminary development plan and accompanying documents shall be referred to the Plan Commission at least ten (10) days in advance of its next meeting, and the Plan Commission shall notify Oak Brook Development Company as to the time and place of the meeting at which it will be afforded an opportunity of being hear,, d. Within thirty (3 0) days from the date of filing, said plan, if in , accordance with the provisions of this ordinance and the applicable provisions of the Subdivision Ordinance, shall be approved, or,J if not in accordance with said provisions, shall be disapproved byi the Plan Commission. When said plan has bean acted upon by the Plan Commission it shall be referred to the Village Board. If the Plan Commission approves said plan it shall so indicate (approval shall also be indicated on the preliminary subdivision plat) and, if it 'dis- approves such s,p 1' n; it shall furnish the Village and Oak Brook Development Company a written statement setting forth the reasons for such disapproval and specifying with particularity the aspects in which said plan fails to conform to the provisions of this Ordinance and the applicable provisions of the Subdivision Ordinance. The Village Board shall accept or reject said plan within thirty (30);days after the regular stated meeting following the action of the Plari Com- mission. Approval or acceptance of said plan insofar as it relates to the preliminary subdivision plat shall be indicated in the manner set forth in the Subdivision Ordinance. If and when approved, the copies of said plan shall be,distributed as set forth in Section III B -7 oif the Subdivision Ordinance. ' (b) Final Development Plan (i) Within one (1') year after the approval of the preliminary develop- ment plan, Oak Brook'Development Company shall cause to be pre- pared and filed with,the"Village Clerk an application for approval of a final development plan for development of that portion of the Premises covered by the preliminary plan. Said application shall be accompanied by the following: -(A) The Final Development Plan which shall consist of the following: 1. Final subdivision plat and such other documents as are required by the Subdivision Ordinance showing such matters as are required by subsection (a)(i)(A) 1 of Section 2 of this Ordinance and by the Subdivision Ord lnance, and indicating any variations from the approved preliminary subdivision plat; I 2. Final site plan showing such matters as are required by subsection (a)(i)(A) 2 of Section 2 of this Ordinance, and indi- cating any variations from the approved preliminary site plan; , provided that any part or all of the information required to be shown on the final site plan may instead be shown on the final subdivision plat. (B) Final protective covenants containing specific provisions regard- ing the matters set forth in subsections (a)(iXC) 1 through 7 of Section- 2 of this Ordinance and such other provisions as are, ,appropriate,'and not inconsistent with said subsections. J f , r L { -6- aj 1'4 d� J��<a'���}4 3i;.P* 1 (C) Final articles of incorporation and by -Laws of the' home owners' association.. r ` (ii) The' procedure to be followed with regard to approval or dis- approval of said final subdivision plat shall be as set forth in the applicable provisions of the Subdivision Ordinance. The final site plan, protective covenants, and final articles of incorporation and by -Laws of the home owners' association shall be referred to the Plan Commission at Least ten (LO) days in advance of its next meet- ing, and the Plan Commission shall notify Oak Brook DeveLopment Company as to the time and place of the Plan Commission meeting j at which it will be afforded an opportunity of being heard. To the extent that said final site plan does not contain a,ny material vari- ,__ances from the previously approved preliminary site plan, the PL�n Commission shaLL give it final approval. Any provisions materiaLLy varying,from the previously approved preliminary site plan may not be given final approval by the Plan Commission, but shall instead be referred to the Village Board with the recommendations of the Plan Commission. If the Plan Commission disapproves any such provision, it shaLL furnish the VIL,Iage Board and Oak Brook Development Company with a written ,statement_� specifying with particularity its reasons for disapproval. The Village Board shall approve and /or disapprove'such provisions within thirty (30) days after its regular stated meeting foL- Lowing th'e action of the Plan Commission. Sec'ti6n 3. If Oak Brook Development Company shall not (A) (i) file its initial prelim- inary development plan' within three (3) months after the issuance of the special use permit herein authorized; and (ii) file a final development plan as to the property covered 'by said preliminary pLan within one (L) year after the approval of such preliminary plan; and (iii) begin con- struction on the Premises within six (6) months after approval of the initial final development plan; or (B) if no plan filed: within two (2) _years after the issuance of the special use permit he -rein authorized reasonably, conforms to the requirements of this ordinance, the authority hrerein granted-for such special use shaLL terminate and be of no fur - ther ., f once, Y or, >eff;e.ctk,a, -and' any specia l use permit,';Is,'sued'- hereunder shall be autbinat caLly revoked forthwith, such te'rm'ination and revo- cation ,to be' effect . ve =, upon the end of any such period during which the required act is -not performed . F Section 4. Even though Oak BrobkµDeveLoprnent Company may proceed with deveLop- ,ment of the Premises' n­stages so that only a portion of the Premises '(at Least fifty' '(50) acres, however) is included 'in its initial preliminary and final development- plans, this special use herein ,authorized applies to the entire Premises which is one parcel of Land, and any portion sub- sequently deveLo,ped, if contiguous to a portion',previously deveLope'd, need 'not incL-ud'e -fifty (50) or any other minimum 'number , of acres I of Land. Before proceeding with the development of any port -ion` 6f the' Premises not inc Lud,.e,d ,pr' � vious Ly approved subd ivis i,on" pla"t-,,'',a ,,tad'° site' .pLan , Oak Brook Dev Company shall submit prelim m f `a l i, in -7- r . I frT Without the consent of the village, neither the Oak Brook Development Company nor any person or corporation who succeeds to its position as a developer or operating manager of part or all of the premises whether such person or corporation holds Legal or beneflc,iaL title to -the preen i ses or any portion thereof will Lease for a term of Less than twenty!,(20) years, any dwelling un,iteonstructed on the premises; provided, however, ,that the foregoing restriction shaLL be subject and subordinate to all mortgages or deeds of trust in the nature of a mortgage now or hereafter — 'executed encumbering any part or all of the premises nor shall such restriction supercede or in any way reduce the security or affect the validity' of any such mortgage or deed of trust in the ,nature of a mo-r t ga ge III. Section 6. A special use permit, a copy of which is attached hereto and made a part , hereof as Exhibit C, , 61ontaining the provisions set forth in Section L hereof and Incrorporating by reference provisions set forth in Sectio,hs -2., 3, 4' and 5 hereof, is hereby directed to be issued. Section 7. k This Ordinance shall be in full force and effect from and after its passage and approval as by statute in such cases made and provided. S Passed and approved by the President and Board of Trustees of the Village of 'Oak Brook, ILLinois, at 9:f.s t; M. , Vote Ayes Nayes: Absent: Attest: 3 f ' Lo ra- i"be E. F'r ie,ek , VUL -age Clerk this Wl- day of 9 Approved by me this day of L 9 66 . __. T. A. °L ,an, Preys %dent _ y a f �A r8 -'° i a '177-7117 .lf. -i tJJJh i d 9 1 y t , development plans, including such matters which have not been prey viou-s ly ,approved ;, and the ,procedure regarding the approva L or- disapproval of such plans shall be the same as hereinabove set forth -'inj Section 2 of this Ordinance. Section 5. E Without the consent of the village, neither the Oak Brook Development Company nor any person or corporation who succeeds to its position as a developer or operating manager of part or all of the premises whether such person or corporation holds Legal or beneflc,iaL title to -the preen i ses or any portion thereof will Lease for a term of Less than twenty!,(20) years, any dwelling un,iteonstructed on the premises; provided, however, ,that the foregoing restriction shaLL be subject and subordinate to all mortgages or deeds of trust in the nature of a mortgage now or hereafter — 'executed encumbering any part or all of the premises nor shall such restriction supercede or in any way reduce the security or affect the validity' of any such mortgage or deed of trust in the ,nature of a mo-r t ga ge III. Section 6. A special use permit, a copy of which is attached hereto and made a part , hereof as Exhibit C, , 61ontaining the provisions set forth in Section L hereof and Incrorporating by reference provisions set forth in Sectio,hs -2., 3, 4' and 5 hereof, is hereby directed to be issued. Section 7. k This Ordinance shall be in full force and effect from and after its passage and approval as by statute in such cases made and provided. S Passed and approved by the President and Board of Trustees of the Village of 'Oak Brook, ILLinois, at 9:f.s t; M. , Vote Ayes Nayes: Absent: Attest: 3 f ' Lo ra- i"be E. F'r ie,ek , VUL -age Clerk this Wl- day of 9 Approved by me this day of L 9 66 . __. T. A. °L ,an, Preys %dent _ y a f �A r8 -'° i a 1 K 1 l� 1 EXHIBIT A That part of Section 27 and the West 1/2 of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian and also being part of Lots 1 and 2 of Butler Company Base Farm Assessment Plat as per plat thereof recorded July 8, 1964 as Document No. R64 -24073 described as follows: i Beginning at the Southeast corner of Section 27, aforesaid; thence S. 86' 26115" W. along the South line of said Section 27, a distance of 263.45 feet; thence N. 1° 43'40" W. a distance of 177. 64 feet; thence S 89 °21100" W. , a distance of 70. 04 feet to a point of curvature; thence Northwesterly along the arc of a circle, being convex to the Southwejst and tangent to last described line, having a radius of 350 feet, an arc - distance of 297. 26 feet; thence N 48 °00'41" E. , a distance of 96. 69 feet; thence N 10 °04'00" W. , a distance, of 389. 49 feet; thence N 19° 27100" W. , a distance of 754. 81 feet; thence N 28 °34100" W. , a distance of 549, 70 feet; thence N 43'4710011 W. , a distance of 321. 34 feet; thence N 701310011 E. , a distance of 195. 26 feet; thence N 35'-52'00" W. , a distance of 678. 71 feet; thence N 8* 5810211 E. , a distance of -195. 62 feet; thence N 30'00'00" 1 E. , a distance of 150 feet; thence S. 86 °33'00" E. , a distance of 252 feet; thence S 44 °37100" E. , a distance of 322 feet, thence N 69° 27'00" E. , a distance of 1960150 feet; thence N 8 °24100" E. , a distance of 260 feet; thence N 62'42100" E. , a distance of 207 feet; thence N _90`00,00 E. , a distance of 94 feet; thence S 73'08'00'' E. , a distance of 103. 50 feet; thence S 64'2110011 E. , a distance of 365 feet; thence S 88'37130" E. ; a distance of 308. 85 feet to a point on the center line of Illinois Route 83, as now platted and recorded; thence S 1 °22130" W. , along said Center Line of Illinois Route 83, a distance of 751 feet to a point of curvature; thence continuing Southerly along said centerline, which is an arc of a circle, convex to the Southwest and being tangent to last described line, and having a rad,iurs,r ;o;fE'4778.'35 feet (recorded 4774. 74 feet), an arc - distance of 2005. 72 feet (recorded 2005. 59 feet) to a point of tangency: Thence 'continuing along said Center Line of Illinois Route 83, S. 22 °40130" E. , a distance of 536. 87 feet to a point on the South line of the W 1/2 of Section 26, afore- said; thence N 89 °40130" West along the South line of said Section 26, a ds-tance,of 668. 55 f eet to the place of beginning (except those parts thereof heretofore dedicated for Illinois Route 83 per Doc. No. 's '329 930 and 333 674 and for 31st Street per Doc. No. 631 573), containing 84. 1227 acres more or less, all in DuPage County, Illinois. I 6 2 - k i 1 , ,qt C 1 VN- T- TTRT -r A j I i SPECIAL USE PERMIT i The Premises described in Exhibit "A" attached hereto and made a part hereof many° be� deveLoped as a special use by Oak Brook! Development Company exclusively, without regard,to the provisions of subsections -3 through ,F -9, both inclusive, of Section VII and the provisions of subsection G of Section V, of the Ordinance, for: i Single- family detached, attached and semi - detached dwellings, provided that the gross density of the Premises when fully developed shall not exceed three dwelling units per acre; the height of any structure shall not exceed 30 feet; no structure shall contain more than two and one -half stories; the ground floor Living area per dwelling shall not be Less than L,300 square feet for a one -story dwelling, and 900 square feet for a dwelling of more than one story; and off='-, street parking shall meet the requirements of Section, XI of the Ordinance. This ,permit is subject to the subsequent compliance with the xe- quirements of Sections 2, 37 4 and 5 of the Ordinance authorizing thirs-F"',special use_ , Ordinance No. - �, adopted' ;and ,a,ppxrpoVed by` 'the President and Board of Trustees of the ViLLage of Oak 'Br ook,_Illinois, on the _/ ?day of December, L966. , i Z S t WIC i dit 3 - � I 1� Exh i -b i°t- 'C, a °kx "