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S-1180 - 01/09/2007 - ZONING - Ordinances Supporting Documentsz FRED UUYFGE COUNTY pECOogpEfl FEB.27,1001 3:09 PM OTHER 06 -35- 301 -014 005 PAGES R2001- 035897 (Above Space For Recorder's Ofifrce,'Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 R `C -ORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2007- ZO- MA -R -S -1180 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING A PARCEL OF APPROXIMATELY 28.64 ACRES FROM A PARCEL OF APPROXIMATELY 57 ACRES LOCATED AT THE SOUTHEAST CORNER OF ROUTE 83 AND 35 ,STREET, OAK BROOK, ILLINOIS 60523 Property Address /es VACANT LAND (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) SOUTHEAST CORNER OF ROUTE 83 AND 35T" STREET, OAK BROOK, IL 60523 Pin Number /s 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016 Name & Address of Applicant: BRITTWOOD CREEK, LLC /ATTENTION: DAN CALLAGHAN 900 OAKMONT LANE, WESTMONT, IL 60559 Name & Address of Responsible BRITTWOO`D CREEK, LLC /ATTENTION: DAN CALLAGHAN Party to Receive Copy of 900 OAKMONT LANE Recorded Document and Billing: WESTMONT, IL 60559 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: N/A Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2007- ZO- MA -R -S -1180 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING A PARCEL OF APPROXIMATELY 28.64 ACRES FROM A PARCEL OF APPROXIMATELY 57 ACRES, LOCATED AT THE SOUTHEAST CORNER OF ROUTE 83 AND 35TH STREET, OAK BROOK, ILLINOIS 60523 (P I.N. #'s: 06 -35- 301 -014; 06 -35- 301 -015, and 06 -35- 301 -016) WHEREAS, an application was filed by the owner and contract purchaser (the "Petitioners ") of certain property of approximately 57 acres in area, located at the southeast corner of Route 83 and 35th Street, Oak Brook, Illinois 60523 (the "Subject Property "), requesting that the zoning district map be amended as to a portion of the Subject Property of approximately 34.7 acres, which is presently zoned R1 (Single - Family Detached Residence District), to change its zoning classification to R -2 (Single - Family Detached Residence District), and WHEREAS, a public hearing on such application was conducted by the Plan Commission of the Village of Oak Brook on March 20, 2006, April 17, 2006, and May 15, 2006, pursuant to due and appropriate legal notice, and at its meeting on May 15, 2006, the Plan Commission voted to recommend denial of the requested map amendment; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing on a revised application for a map amendment to rezone approximately 28.64 acres of the Subject Property from R -1 to R -2, at its meetings on July 26, 2006 and November 7, 2006, and at its meeting on November 7, 2006, the Zoning Board of Appeals voted to recommend approval of such map amendment; and WHEREAS, in making its recommendation for approval of such map amendment, the Zoning Board of Appeals made the following findings: 1. The Petitioners addressed and satisfied the required factors to recommend approval of the map amendment as revised, subject to the recorded covenants and conditions; and 2 The standards of Section 13 -14 -8 of the Village Code have been met with respect to a map amendment for the Subject Property; and WHEREAS, the Village President and Board of Trustees hereby determine that the map amendment for the Subject Property to the R -2 Single - Family Detached Residence District, as described herein, represents the most appropriate zoning consistent with the highest and best use thereof; and 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 The zoning district map is hereby amended so that the Subject Property, legally described below, be located within the R -2 Single - Family Detached Residence District: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 10 MINUTES 34 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 85 53 FEET TO THE EAST LINE OF THE NORTHERLY PORTION OF FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT NUMBER R2003- 121963, THENCE SOUTH 02 DEGREES 07 MINUTES 26 SECONDS EAST, A DISTANCE OF 36.57 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 v r Ordinance 2007- ZO- MA -R -S -1180 Rezoning from R1 to R2 28 64 acres of Brittwood Creek Subdivision S E corner of Rte 83 and 35" St PIN's 06 -35- 301 -014, 06 -05- 301 -015, and 06 -35- 301 -016 Page 2 of 3 DEGREES 12 MINUTES 35 SECONDS EAST, A DISTANCE OF 85.54 FEET, THENCE NORTH 02 DEGREES 08 MINUTES 11 SECONDS WEST, A DISTANCE OF 3.62 FEET, THENCE NORTH 87 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF 109.19 FEET; THENCE SOUTH 02 DEGREES 11 MINUTES 47 SECONDS EAST, A DISTANCE OF 331.82 FEET TO A POINT ON A CURVE; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING OF NORTH 84 DEGREES 17 MINUTES 26 SECONDS EAST, FOR AN ARC LENGTH OF 23.72 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 10 MINUTES 34 SECONDS EAST, A DISTANCE OF 273 21 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 175 88 FEET AND A CHORD BEARING OF SOUTH 37 DEGREES 53 MINUTES 15 SECONDS EAST, FOR AN ARC LENGTH OF 206.60 FEET TO A POINT OF TANGENCY; THENCE SOUTH 71 DEGREES 39 MINUTES 17 SECONDS EAST, A DISTANCE OF 55.59 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500 00 FEET, FOR AN ARC LENGTH OF 139 97 FEET TO A POINT OF TANGENCY, THENCE SOUTH 55 DEGREES 36 MINUTES 57 SECONDS EAST, A DISTANCE OF 148 63 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 175 00 FEET FOR AN ARC LENGTH OF 272.87 FEET TO A POINT OF TANGENCY; THENCE SOUTH 33 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 357.46 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 255.00 FEET FOR AN ARC LENGTH OF 240.34 FEET TO A POINT OF TANGENCY; THENCE SOUTH 20 DEGREES 16 MINUTES 40 SECONDS EAST, A DISTANCE OF 184 77 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 165 00 FEET FOR AN ARC LENGTH OF 321 80 FEET TO A POINT OF TANGENCY, THENCE NORTH 88 DEGREES 32 MINUTES 05 SECONDS WEST, A DISTANCE OF 114.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,000 00 FEET, FOR AN ARC LENGTH OF 12073 FEET TO A POINT OF TANGENCY; THENCE SOUTH 84 DEGREES 32 MINUTES 53 SECONDS EAST, A DISTANCE OF 131.30 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 150.00 FEET, FOR AN ARC LENGTH OF 26.57 FEET; THENCE SOUTH 01 DEGREES 52 MINUTES 31 SECONDS EAST, A DISTANCE OF 269.09 FEET TO THE NORTHERLY LINE OF FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT NUMBER R2003- 121963; THENCE SOUTH 88 DEGREES 07 MINUTES 29 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 182 19 FEET TO THE EAST LINE OF THE NORTHERLY PORTION OF SAID FPD /BASIC LIFE ASSESSMENT PLAT; THENCE NORTHERLY ALONG SAID EAST LINE THE FOLLOWING 2 COURSES 1) THENCE NORTHERLY ALONG A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1998.79 FEET AND A CHORD BEARING OF NORTH 04 DEGREES 38 MINUTES 25 SECONDS WEST, A LENGTH OF 178 55 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 02 DEGREES 07 MINUTES 26 SECONDS WEST, A DISTANCE OF 1,903.80 FEET TO THE POINT OF BEGINNING, CONTAINING 28 64 ACRES, MORE OR LESS. P.1 N ffs • 06 -35- 301 -014; 06 -35- 301 -015; and 06 -35- 301 -016 (Commonly known as a parcel of approximately 28.64 acres from a parcel of approximately 57 acres located at the southeast corner of Route 83 and 35th Street, Oak Brook, Illinois 60523) Ordinance 2007- ZO- MA -R -S -1180 Rezoning from R1 to R2 28 64 acres of Bnttwood Creek Subdivision S E corner of Rte 83 and 35" St PIN's• 06 -35- 301 -014, 06 -05- 301 -015, and 06 -35- 301 -016 Page 3 of 3 Section 2, The map amendment approved in Section 1 of this Ordinance is hereby conditioned on the development of the Subject Property in substantial conformance with the revised zoning plan and preliminary subdivision plat. Section 3• The Village Clerk is hereby directed to amend the official zoning district map of the Village of Oak Brook in accordance with the provisions of Section 1 hereinabove. Section 4. This ordinance shall be in full force and effect from and after its passage and approval as required by law. APPROVED THIS 9th day of January, 2007. , Kev Quinlan Village President Ayes Nays Absent PASSED THIS 9th day of January, 2007 Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf None None ATTEST- WIMP" k 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 January 9, 2007 , the corporate authorities of the above municipality passed and approved Resolution 2007- ZO- MA -R -S -1180 , AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING A PARCEL OF APPROXIMATELY 28.64 ACRES FROM A PARCEL OF APPROXIMATELY 57 ACRES, LOCATED AT THE SOUTHEAST CORNER OF ROUTE 83 AND 35TH STREET, OAK BROOK, ILLINOIS 60523 (P I N #'s 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016) 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 23rd day of January_, 2007. aS.— e - (��- , Linda K. Gonnella, CIVIC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL / P � OF 04� jv d 9 0 G r y A � 'c UNT� Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 R r)5 U May 2, 2007 Brittwood Creek, LLC Attention: Mr. Dan Callaghan 900 Oakmont Lane Westmont, IL 60559 Re: Recorded Documenf on February 27, 2007 ORDINANCE 2007- ZO- MA- R- S- 11809/ R2007- 035897 Vacant Land/SE Corner of Route 83 & 35th Street Oak Brook, IL 60523 Dear Mr. Callaghan: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files ./ S ..-/ / 0V /RECDOC /2007- RECLTR -ORD 2007- ZO- MA -R -S -I 180- BRITTWOOD CREEK -SE CORNER RTE 83 & 35T" ST