S-1116 - 04/26/2005 - ZONING - Ordinances Supporting Documentsitem 7.N.
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 12, 2005
SUBJECT: Zoning Variations for Oak Brook Promenade
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -V -S -1116,
An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations) of
the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign
Height, Interior Parking Lot Landscaping and Off - Street Parking Regulations
Background /History:
This Ordinance grants several variations pertaining to lot area requirements, sign heights,
parking lot landscaping and off - street parking regulations, as per the variation section of the
project binder, to Oak Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road.
Recommendation:
I recommend that Ordinance 2005- ZO -V -S -1116 be passed.
Last saved by Default J \ALL DOCSTOARD MEMOS \OBP Map Amend doc '
Last printed 4/8/2005 8 28 AM /'? �� =;
Item 7.N.
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 26, 2005
SUBJECT: Zoning Variations for Oak Brook Promenade
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -V -S -1116,
An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations) of
the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign
Height, Interior Parking Lot Landscaping and Off - Street Parking Regulations
Background /History:
This Ordinance grants several variations pertaining to lot area requirements, sign heights,
parking lot landscaping and off - street parking regulations, as per the variation section of the
project binder, to Oak Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road.
Recommendation:
I recommend that Ordinance 2005- ZO -V -S -1116 be passed.
Last saved by Default I \ADMIN\rkane\ALL DOCS\BOARD MEMOS \OBP Variations doc po Last printed 4/19/2005 4 17 PM
7 B. Approval of Payroll for Pay Period Ending April 9, 2005 - $59304.71
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Authorization to Hire, Promote or Reassign Duties of Village Employees
F Budget Adjustments
G Treasurer's Report — March, 2005
H. DuPage County Children's Center Agreement and Contribution
I. York Road /Harger Road Bicycle /Pedestrian Path — Construction Engineering
Amendment No. 1
J. An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and
Cook Counties, Illinois
K An Ordinance Amending the Zoning District Map Concerning the Oak Brook
Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523
L A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman
Butterfield Road Subdivision and Granting Variations from the Provisions of Section
14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the
Village of Oak Brook Relative to Monumentation and Granting of Public Utility
Easements
M An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13
(Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to
NoStructure Height and Permitted Uses .......................................... ............................... .
An Ordinance Granting Variations from the Provisions of Title 13 (Zoning
Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area
Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking
Regulations
0. An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining
Areas Adjacent to Up to Three Restaurants
P. Revised Settlement Agreement in the Primeco Class Action Litigation
8 ITEMS REMOVED FROM CONSENT AGENDA:
7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services — March, 2005 -
$23,703.15
Trustee Korin stated she is agreeable to paying the bill with the exception of the last item,
the Elmhurst Builders & Developers litigation, as the Village Board had previously
passed a motion that Attorney Kubiesa would not bill the Village for time spent in this
litigation considering how it was handled and subsequently what has been done to follow
through with the litigation
Motion by Trustee Korin, seconded by Trustee Caleel, to approve 7 A. 3) Kubiesa,
Spiroff, Gosselar & Acker, P. C. — Legal Services — March, 2005 - $23,703 15 bill with
the exception of $5,994.40 for Elmhurst Builders & Developers. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays- 0 -None.
VILLAGE OF OAK BROOK Minutes Page 5 of 17 April 26, 2005
0
8 A
OAK BROOK PROMENADE — 3001. 3003 & 3121 BUTTERFIELD ROAD —
VARIATIONS
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St Paul
Properties, Inc , seeking approval of several variations in order to facilitate
development of the Oak Brook Promenade.
A detailed description of each variation request is summarized in the following
Variations:
1. Section 13- 7A -3(C) (1) (c) Lot Area Requirement — Yards — requires that
buildings in B -1 district shall not be erected within a sixty foot (60') setback
from the right -of -way Petitioner is requesting relief from this requirement to
allow for a fifty foot (50) setback
2 Section 13- 11- 7(A) -4 Sign Height — requires that all building signs be
properly affixed to the building walls, that the signs shall not extend outwards
more than twelve inches (12 ") or project higher than thirty feet (30')
Petitioner is requesting relief from this requirement to allow for blade and fin
signs that may project outward not more than thirty inches (30 ") Petitioner is
also requesting that signage be allowed to project up to thirty -six feet (36')
from the curb, rather than the thirty feet (30') allowed by Code.
3 Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that a landscaped divider be provided for every three
(3) bays of parking Petitioner is requesting relief from this requirement for
four (4) parking bays to the west of building `B " In order to accommodate
the required number of spaces, Petitioner will not have the required divider
every three (3) bays Petitioner will provide landscape screening of the
parking area along the Tollway and Meyer's Road It is important to note that
the Project as designed is approximately 50% open space
4 Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that interior shade trees be planted with a maximum
spacing of forty feet (40'), provided that at least one tree is located in the area
occupied by every fifteen (15) interior parking spaces Petitioner is requesting
relief from the requirement that at least one tree be located in the area of every
15 parking spaces. Petitioner is exceeding the overall tree requirement of one
tree for every 15 parking spaces and many of the shade trees will be larger
than the required 4 " -6" caliper to continue the feeling of a more established
landscape
5 Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that interior shade trees be planted in the parking areas
Petitioner is asking for relief from this requirement and asking to be allowed to
VILLAGE OF OAK BROOK Minutes Page 16 of 44 March 16, 2005
Z�
8 A
plant ornamental trees above the underground parking garage and within the
Commonwealth Edison easement. Tree planting is restricted in these areas due
to limited soil depth, and the overhead lines respectively, although ornamental
trees will be planted wherever possible.
6 Section 13- 12 -3(C) Off Street Parking Regulations — Size and Aisles —
requires that aisles for parking accessory to non - office uses are twenty -seven
feet (27'). Petitioner is requesting relief from this requirement Petitioner has
designed the parking areas with twenty -four foot (24') drive aisles (which is
the Village's requirement for office parking) to minimize the asphalt areas
The 24' aisles allow for larger pedestrian and hardscape /landscape areas
7 Section 13- 12 -3(H) Off Street Parking Regulations — In Yards — requires that
off - street parking spaces, open to the sky, in nonresidential districts be no less
than ten feet (10') from the nearest lot line Petitioner is asking relief form this
requirement to allow for parking on the western side yard and southwestern
rear yards (along Technology Drive)
8 Section 13- 12- 3(E) -4 Off Street Parking Regulations — Access — requires that
the spacing between separate driveway entrances on a lot be no less than forty
percent (40 %) of the length of the lot line adjoining the street, or found
hundred feet (400'), which ever is less. There are three entryways into the
Project off Butterfield Road Entry A on the western Property line allows
access to employee parking and rear parking and building entryways; Entry B
is a full signalized entry drive approximately two hundred ninety -two feet
(292') to the east of Entry A and serves as the main point of ingress and egress
for the Project, and Entry C is approximately three hundred forty feet (340') to
the east of the signalized drive The spacing between Entry A and Entry B is
one hundred eight feet (108') less than the required 400' feet required by Code
and the spacing between Entry B and Entry C is sixty feet (60') less than
required by Code Petitioner is asking relief from this requirement _because
approximately 40% of the footage on Butterfield Road fronts the regional
detention pond. Therefore, the Property does not allow for a 400' space
between Entries A and B nor does it allow for a 400' space between Entries B
and C The three entryways, however, are important to efficiently handle the
incoming traffic for the Project
Recommendation
By a vote of 4 to 0, the Zoning Board of Appeals recommended approval of the
proposed variations in order to facilitate construction of the proposed Oak Brook
Promenade project. In making this recommendation, the Zoning Board of Appeals
finds that
1 The applicant has addressed all of the applicable factors required for each of the
variations as explained in writing under the variation tab in the case file
2 The proposed variations are deemed reasonable and based on circumstances
VILLAGE OF OAK BROOK Minutes Page 17 of 44 March 16, 2005
8 A.
unique to the property, including the 5 -acre pond, 5 -acre floodplain and the 1-
acre ComEd easement with high - tension wires on the property
3 No evidence was presented to show that any of the variations would negatively
impact adjacent property owners
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variations and authorize the Village Attorney to draft the necessary ordinance for
final consideration at the March 22, 2005 Board of Trustees meeting. VOICE VOTE.
Motion carried.
Ms Riordan pointed out that there is a piece of property which is not in the Village
limits yet, on the property, and the petitioner plans to come before the Village to
petition for annexation. They would like to include in the ordinance contingent upon
the annexation. The second request is that the petitioner work with the Village
Attorney to make the ordinance conditioned upon the approval of tax increment
financing. She noted it is on the agenda under Agenda Item 9 K. but that is one of
the important ingredients in this project.
Trustee Aktipis asked who has jurisdiction of the parcel they wish to incorporate
Ms. Riordan indicated that it is in unincorporated DuPage County owned by St Paul
Properties
Attorney Spiroff inquired that the annexation is not part of these proceedings thus far
Community Development Director Kallien stated that this is correct Attorney
Spiroff asked upon annexation that the property would be a more restrictive zoning
classification and would need to be rezoned Director Kallien indicated that is correct
as all of the requests before the Village Board this evening, the petitioner has
incorporated that piece of property into them. The missing link is the annexation of
the property into the Village which would be done by a separate ordinance
Attorney Spiroff stated his concern was drafting the map amendment, perhaps the
resolution approving the plat for the property that is not yet in the Village of Oak
Brook and for which a hearing is required before it can be rezoned to the appropriate
zoning classification These ordinances could not be drafted for the next Board
meeting if this property is to be part and parcel of this project.
Trusee Aktipis suggested that if the Board decides this evening that incorporating this
section into Oak Brook is appropriate, the Attorney could move forward with
presenting an ordinance to incorporate which would be voted at the next Board
meeting prior to the remaining ordinances
Attorney Spiroff stated that could happen with an annexation ordinance that could be
VILLAGE OF OAK BROOK Minutes Page 18 of 44 March 16, 2005
8 A.
passed but he is concerned with any rezoning Director Kallien explained that the
zoning request included this so technically it is all right as the hearing has been held
already Attorney Spiroff agreed with this, as Trustee Aktipis is correct, that at the
next meeting will be the passage of the annexation ordinance and then the remaining
ordinances and resolutions
Trustee Aktipis asked if the Board had to confirm the annexation at this point by
vote Attorney Spiroff stated that no the Board could not confirm this as it is not on
the agenda So long as that is the direction of the Board, that ordinance will be
prepared and considered along with the other ordinances and resolutions but it should
be considered first
President Quinlan asked for a consensus from the Board of Trustees that it is their
intention to annex that piece of property within the Village of Oak Brook and be
prepared for the next Village Board meeting The Board of Trustees concurred with
this request.
9 UNFINISBED BUSINESS
A CONFIRMATION OF APPOINTMENTS
1) Police Chief
President Quinlan and the Board of Trustees addressed this item earlier in the meeting.
B ORDINANCES & RESOLUTIONS - None presented
C AWARD OF CONTRACTS
1) 2005 PAVING PROJECT
Nine sealed bids were opened on Tuesday, February 1, 2005 The numeric low bid
submitted by Bartlett Bituminous Asphalt, is not acceptable because it was not a
responsible bid based on financial � information received from Merritt Credit
Bureau, Inc James Benes and Associates (our consulting engineer) recommends
that we award the contract to the second low bidder, Central Blacktop, Co., Inc
The bid submitted by Central Blacktop, Co., Inc, in the amount of $948,847 40 is
approximately 1.5% higher than the Engineer's estimate of $935,191.30 The
Village has worked with Central Blacktop in the past and they have performed
adequately
Project work includes bituminous milling and resurfacing, bituminous patching,
curb removal and replacement, structure adjustment /replacement, pavement
VILLAGE OF OAK BROOK Minutes Page 19 of 44 March 16, 2005
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 Yolk Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
o.T:. aRpS
It . .
Ea l�
S-111&
February 20, 2006
NAI HIFFMAN
One Oakbrook Terrace, Suite 600
Oakbrook Terrace, Illinois 60181
Re: Recorded Document on January 25, 2006
ORDINANCE 2005- ZO -V -S -1116
Recording #R2006- 016206
Oak Brook Promenade /3001 -3003 & 3121 Butterfield Road and
Vacant Parcel 5 at Butterfield Road and Meyers Road
PIN 9's 06 -28- 103 -009, 06- 28- 103 -014, 06 -28 -103 -005 and
06- 28- 103 -018 and 06 -28- 103 -019
Dear Sirs.
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-
990 -5770 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' Oxb 5 / 5 —1114
Atty. Kenneth Kubiesa, 533 West North Ave., Suite 204, Elmhurst, IL 60126
Atty. Mary Riordan, 980 North Michigan Ave., Suite 950, Chicago, IL 60611
/RECDOC/2006- RECLTR -ORD 2005- ZO -V -S- 1116 -NAI HIFFMAN -O B PROMENADE - BUTTERFIELD & MEYERS RD
FRED B
OUPPGE COUNTY RECORDER
JAN .25,2006 3:22 PM
OTHER PAGES R2006-016206
(Above 016206
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2005- ZO -V -S -1116 AN ORDINANCE GRANTING VARIATIONS
FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT, SIGN HEIGHT,
INTERIOR PARKING LOT LANDSCAPING AND OFF - STREET PARKING REGULATIONS
Property Address /es 3001 -3003 & 3121 BUTTERFIELD RD., AND VACANT PARCEL 5
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
AT BUTTERFIELD RD. AND MEYERS RD., DUPAGE COUNTY, ILLINOIS
Pin /s Number 06 -28- 103 -009 AND 06 -28- 103 -014
06 -28- 103 -005 AND 06 -28- 103 -018 AND 06 -28- 103 -019
Name & Address of Applicant: NAI HIFFMAN
ONE OAKBROOK TERRACE, SUITE 600, OAKBROOK TERRACE, IL 60181
Name & Address of Responsible NAI HIFFMAN
Party to Receive Copy of ONE OAKBROOK TERRACE, SUITE 600
Recorded Document and Billing: OAKBROOK TERRACE, IL 60181
G/L Account # to be Charged: 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account # to be Charged:
Return To: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
ORDINANCE 2005- ZO -V -S -1116
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA
REQUIREMENT, SIGN HEIGHT, INTERIOR PARKING LOT
LANDSCAPING AND OFF - STREET PARKING REGULATIONS
(3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523)
(P I N 06 -28- 103 -009, 06 -28 -103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and
WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the
granting of variations to the Zoning Regulations, and
WHEREAS, NAI Hiffman ( "Petitioner "), the developer of the project, known as the Oak Brook
Promenade, on behalf of St Paul Properties, Inc , the owners of certain property, commonly known as
3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523 and legally described as follows
PARCEL 1
06 -28- 103 -009
LOT 2 OF BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 EXCEPT THE
WESTERLY 265 FEET THEREOF AS MEASURED ALONG THE NORTHERLY LINE THEREOF,
AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS
THAT PART OF LOT 2, AFORESAID, IN THE NORTH HALF OF SECTION 28, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 IN DUPAGE COUNTY,
ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS
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
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28- 103 -018,
06 -28 -103 -019) Page 2 of 7
PARCEL 2
06 -28- 103 -014
THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82 5 FOOT RIGHT OF WAY KNOWN
AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1
(PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE
WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN
BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, OF PART OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS
DOCUMENT R64- 24069, IN DUPAGE COUNTY, ILLINOIS, ALSO DESCRIBED AS FOLLOWS
THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63, AS SHOWN
ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1,
DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS
RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING,
THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE
OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER
COMPANY M -1 INC. ASSESSMENT PLAT NO 2, AS RECORDED JULY 8, 1964 AS
DOCUMENT R64- 24069), 517 90 FEET, MORE OR LESS, TO A POINT ON THE
NORTHWESTERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL NO E -2 -63 5,
THENCE SOUTH 04 DEGREES 30 MINUTES 01 SECOND WEST ALONG SAID
NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, 94 36 FEET, MORE OR LESS, TO AN
ANGLE POINT IN SAID NORTHWESTERLY LINE, THENCE SOUTH 65 DEGREES 27
MINUTES 37 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2-
63 5, 465 95 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY
EXTENSION OF THE AFOREMENTIONED EASTERLY LINE OF LOT 1 IN GLIDDEN
SUBDIVISION WITH SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, THENCE
NORTH 28 DEGREES 48 MINUTES WEST ALONG THE SOUTHERLY EXTENSION OF THE
EASTERLY LINE OF SAID LOT 1 IN GLIDDEN SUBDIVISION 82 73 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS
PARCEL 3
06 -28- 103 -005
LOT 1 IN GLIDDEN SUBDIVISION NO 1, BEING A SUBDIVISION OF THE WESTERLY 265
FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF, OF LOT 2 IN BUTLER
COMPANY M -1 INCORPORATED ASSESSMENT PLAT NO 2 OF PART OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID GLIDDEN SUBDIVISION
NO 1 RECORDED OCTOBER 3, 1969 AS DOCUMENT R69- 43878, IN DUPAGE COUNTY,
ILLINOIS
PARCEL 4
06 -28- 103 -014
THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63 AS SHOWN
ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1,
DESCRIBED AS FOLLOWS
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28- 103 -018,
06 -28- 103 -019) Page 3 of 7
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION AS
RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 AND PROCEEDING SOUTH 28
DEGREES 48 MINUTES EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF
SAID LOT 1, A DISTANCE OF 82 73 FEET, MORE OR LESS, TO A POINT ON THE
NORTHERLY LINE OF
NORTHERN ILLINOIS TOLL HIGHWAY PARCEL E -2 -63 5, THENCE SOUTH 65 DEGREES 27
MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY LINE 265 61 FEET, MORE OR
LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE
OF LOT 2 IN BUTLER COMPANY M -1, INC ASSESSMENT PLAT NO 2 RECORDED JULY 8,
1964 AS DOCUMENT R64 -24069 AND THE AFOREMENTIONED NORTHERLY LINE, THENCE
NORTH 28 DEGREES 48 MINUTES WEST ALONG SAID SOUTHERLY EXTENSION, 82.73
FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 2 IN THE
AFOREMENTIONED BUTLER COMPANY ASSESSMENT PLAT (SAID CORNER BEING ON
THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY PARCEL NO NIG
2 -63), THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG SAID NORTH
LINE (SAID LINE BEING COINCIDENT WITH THE SOUTH LINE OF AFOREMENTIONED LOT
2), 265 61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE
COUNTY, ILLINOIS -
PARCEL 5
06 -28 -103 -018 and 06 -28 -103 -019
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS
BEGINNING AT THE EASTERLY MOST NORTHEAST CORNER OF LOT 5 IN HOMESTEAD
VILLAGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID
SECTION 28 AND SECTION 29, ACCORDING TO THE PLAT THEREOF RECORDED
SEPTEMBER 1, 1998 AS DOCUMENT R98- 179522, SAID POINT OF BEGINNING BEING ON
THE SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO
1 PARCEL NO NIG2 -63N ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT 950269, THENCE NORTH 65 DEGREES 32 MINUTES 08 SECONDS EAST
(NORTH 65 DEGREES 37 MINUTES EAST, RECORD) ALONG SAID SOUTHERLY LINE OF
NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, A
DISTANCE OF 451 02 FEET (450 89 FEET RECORD) TO THE EASTERLY LINE OF SAID
NORTHERLY ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N,
THENCE NORTH 04 DEGREES 34 MINUTES 53 SECONDS EAST (NORTH 04 DEGREES 47
MINUTES EAST, RECORD) ALONG SAID EAST LINE OF THE NORTHERN ILLINOIS GAS
COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, AND ALONG AN EASTERLY
LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 ACCORDING TO
THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 24069, A DISTANCE OF 191 20
FEET (191 21 FEET RECORD) TO A SOUTHEASTERLY, CORNER OF SAID LOT 2 IN BUTLER
COMPANY M -1 INC ASSESSMENT PLAT NO 2, THENCE SOUTH 85 DEGREES 23 MINUTES
50 SECONDS EAST (SOUTH 85 DEGREES 13 MINUTES EAST RECORD), ALONG A
SOUTHERLY LINE OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO
2, A DISTANCE OF 100 00 FEET TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN
BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, SAID POINT BEING ON THE
WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT
PARCEL NO E -2 -63 1 ACCORDING TO DOCUMENT NO 846924, THENCE SOUTH 04
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28 -103 -018,
06 -28- 103 -019) Page 4 of 7
DEGREES 35 MINUTES 51 SECONDS WEST (SOUTH 04 DEGREES 47 MINUTES WEST,
RECORD) ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY
PERMANENT EASEMENT PARCEL NO E -2 -63 1, AND ALONG THE WESTERLY LINE OF
THE NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1
LOT 8 -2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 28042,
A DISTANCE OF 250 00 FEET TO THE NORTHERLY LINE OF THE NORTHERN ILLINOIS
TOLL HIGHWAY, THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST (SOUTH
65 DEGREES 37 MINUTES WEST, RECORD) ALONG SAID NORTHERLY LINE OF THE
NORTHERN ILLINOIS TOLL HIGHWAY, A DISTANCE OF 349 98 FEET TO THE
SOUTHEASTERLY CORNER OF TECHNOLOGY DRIVE AS DEDICATED BY THE PLAT OF
SAID HOMESTEAD VILLAGE, THENCE THE FOLLOWING
SIX (6) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHERLY LINE OF
SAID TECHNOLOGY DRIVE 1) THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS
WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) A DISTANCE OF
97 36 FEET TO THE NORTHEAST CORNER OF SAID TECHNOLOGY DRIVE, 2) THENCE
SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES
43 SECONDS WEST, RECORD) A DISTANCE OF 80 00 FEET, 3) THENCE SOUTH 24
DEGREES 22 MINUTES 20 SECONDS EAST (SOUTH 25 DEGREES 41 MINUTES 17
SECONDS EAST, RECORD) A DISTANCE OF 15 00 FEET, 4) THENCE SOUTH 65 DEGREES
37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST,
RECORD) A DISTANCE OF 4 75 FEET, 5) THENCE SOUTH 13 DEGREES 41 MINUTES 39
SECONDS WEST, (SOUTH 12 DEGREES 00 MINUTES 14 SECONDS WEST, RECORD) A
DISTANCE OF 20 78 FEET, 6) THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS
WEST, (SOUTH 64 DEGREES 13 MINUTES 11 SECONDS WEST, RECORD) A DISTANCE OF
62 44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5 IN HOMESTEAD VILLAGE,
THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41
MINUTES 17 SECONDS WEST, RECORD) ALONG THE EASTERLY MOST LINE OF SAID LOT
5, A DISTANCE OF 33 80 FEET TO SAID POINT OF BEGINNING, IN DUPAGE COUNTY,
ILLINOIS
WHEREAS, the Petitioners have submitted Petitions requesting setback and several other
variations for the Subject Property, and
WHEREAS, on February 1 and February 15, 2005, the Zoning Board of Appeals conducted a
public hearing at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois in connection
with the aforesaid Petitions, after due and appropriate legal notice was given, and
WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in
Section 13 -14 -6 (D) of the Village Code and found that the petitioner addressed the factors as required by
the Zoning Ordinance for approval of variations and that the variations would be designed so that the
public health, safety and welfare will be protected and there will be no substantial injury to other property in
the neighborhood, and
WHEREAS, the Zoning Board of Appeals made specific findings of fact and recommendation for
approval of the following variations
1) A variation from the provisions of Section 13- 7A -3(C) (1) (c), Lot Area Requirement, reducing the
required sixty foot (60') setback from the right -of -way to a fifty foot (50') setback,
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28- 103 -018,
06 -28- 103 -019) Page 5 of 7
2) A variation from the provisions of Section 13- 11 -7(A) 4, Sign Height, reducing the requirement that
all building signs not extend outwards more than twelve inches (12 ") or project higher than thirty
feet (30') to an extension outwards of not more than thirty inches (30 ") and a height of up to thirty -
six feet (36'),
3) A variation from the provisions of Section 13 -12 -3 (C), Off Street Parking Regulations — Size and
Aisles, reducing the twenty -seven foot (27') parking aisles to twenty -four foot (24') drive aisles;
4) A variation from the provisions of Section 13 -12 -3 (E) -4, Off Street Parking Regulations — Access,
reducing the required four hundred feet (400') of spacing between separate driveway entrances
between Entry A and Entry B to two hundred, ninety -two feet (292') and between Entry B and
Entry C to three hundred, forty feet (340'),
5) A variation from the provisions of Section 13 -12 -3 (H), Off Street Parking Regulations — In Yards,
requiring that parking spaces be no less than ten feet (10') from the nearest lot line,
6) A variation from the provisions of Section 13 -12 -4 (C), Design and Maintenance — Interior Parking
Lot Landscaping, described below
a To increase the number of parking bays from three (3) to four (4) to the west of Building
"B" without the required divider every three (3) bays,
b To decrease the requirement of at least one (1) tree be located in the area of every fifteen
(15) parking spaces or every forty feet (40'),
c To be allowed to plant ornamental trees above the underground parking garage and
within the Commonwealth Edison easement instead of interior shade trees;
WHEREAS, the Zoning Board of Appeals recommended approval of the above requested
variations, and
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals as amended by their recommendation, and
WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the
granting of variations to the Zoning Regulations have been met
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS-
Section 1 That the recitals hereto are incorporated as part of this ordinance.
Section 2 A variation from the provisions of Section 13- 7A- 3(C)(1)(c) of the Zoning Regulations
of the Oak Brook Village Code is hereby granted to allow for a fifty foot (50') setback from the right -of -way
Section 3 A variation from the provisions of Section 13- 11 -7(A) 4 of the Zoning Regulations of
the Oak Brook Village Code is hereby granted to allow a sign extension of not more than thirty inches
(30 ") and a sign height of up to thirty -six feet (36')
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28- 103 -018,
06 -28- 103 -019) Page 6 of 7
Section 4 A variation from the provisions of Section 13 -12 -3 (C) of the Zoning Regulations of the
Oak Brook Village Code is hereby granted to allow for twenty -four foot (24') drive aisles
Section 5 A variation from the provisions of Section 13 -12 -3 (E) -4 of the Zoning Regulations of
the Oak Brook Village Code is hereby granted to allow for two hundred, ninety -two feet (292') of spacing
between Entry A and Entry B and three hundred, forty feet (340') between Entry B and Entry C
Section 6 A variation from the provisions of Section 13 -12 -3 (H) of the Zoning Regulations of the
Oak Brook Village Code is hereby granted to allow for parking on the western side yard and southwestern
rear yards
Section 7 A variation from the provisions of Section 13 -12 -4 (C) of the Zoning Regulations of the
Oak Brook Village Code is hereby granted to allow the following
1 To provide four (4) parking bays to the west of Building "B ",
2 Will not be required to provide one (1) tree for every fifteen (15) parking spaces or every forty feet
(40') However, they will exceed the overall tree requirements for the project and will provide
larger than the required four inch to six inch (4 " -6 ") caliper shade trees required by Code
3 To plant ornamental trees above the underground parking garage and within the Commonwealth
Edison easement
Section 8 The above variations must be in substantial conformance with the Overall Site
Summary dated January 10, 2005, as shown as Exhibit 5 of the Booklet, on file with the Village and
hereby approved
Section 9 This Ordinance is limited and restricted to the property legally described herein
Section 10 All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
Section 11 Notwithstanding the approval herein of the above - mentioned plans, exhibits, and
Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of
the issuance of a building permit or permits
Section 12 This ordinance shall be in full force and effect from and after its passage_ and
approval as required by law, subject to the approval of the annexation of Parcel 5 to the Village of Oak
Brook and approval and establishment of the Promenade Tax Increment Financing District and a
Redevelopment Agreement by and between the Village and Petitioner, or waiver of this requirement by
Petitioner, on or before December 31, 2005
APPROVED THIS 26th
day of April
, 2005
e
K in Quinlan,
tiage Preside /t
Ordinance 2005- ZO -V -S-
Granting Variations from
Title 13 re Oak Brook
V Promenade, 3001 -3003, 3121
Butterfield Road, Oak Brook, IL,
(06 -28- 103 -009, 06 -28- 103 -014,
06 -28- 103 -005, 06 -28- 103 -018,
06 -28- 103 -019) Page 7 of 7
PASSED THIS 26th day of April , 2005
Ayes Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays None
Absent _Done
OF 0 ,4&
tA
1 •� d{' r't Tfi� ?I A�
v• ,
ATTEST
Linda K Gonnella, CMC
Village Clerk
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 26, 2005 , the corporate
authorities of the above municipality passed and approved
Ordinance 2005- ZO -V -S -1116
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA
REQUIREMENT, SIGN HEIGHT, INTERIOR PARKING LOT
LANDSCAPING AND OFF - STREET PARKING REGULATIONS
I DO FURTHER CERTIFY that the original document, of which the annexed
copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the
same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 16th day of January , 20 Oh
C
n7
�tixTt�t s Y wr
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL