S-1117 - 04/26/2005 - ZONING - Ordinances Supporting Documents11� «'SIR`► �;
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Item 7.0.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 12, 2005
SUBJECT: Special Uses for Oak Brook Promenade
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -SU -S -1117,
An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas
Adjacent to Up to Three Restaurants
Background /History:
This Ordinance grants special uses for outdoor dining adjacent to up to three (3) restaurants,
subject to conditions previously provided in the special use section of the project binder for Oak
Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road.
Recommendation:
I recommend that Ordinance 2005- ZO -SU -S -1117 be passed.
Last saved by Default J \ALL DOCSTOARD MEMOS \OBP Variations doc
Last printed 4/8/2005 8 34 AM
r
Item 7.0,
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 26, 2005
SUBJECT: Special Uses for Oak Brook Promenade
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -SU -S -1117,
An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas
Adjacent to Up to Three Restaurants
Background /History:
This Ordinance grants special uses for outdoor dining adjacent to up to three (3) restaurants,
subject to conditions previously provided in the special use section of the project binder for Oak
Brook Promenade for the property at 3001 -3003, 3121 Butterfield Road.
Recommendation:
I recommend that Ordinance 2005- ZO -SU -S -1117 be passed.
Last saved by Default I \ADMIN\rkane\ALL DOMBOARD MEMOS \OBP Special Uses doc
Last printed 4/19/2005 4 19 PM %
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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 9902358
FAX 630 990 7484
Public works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak B100k, 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 Yoik Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
i� j, I� !
Y Q do V v �J X41 ! =1 �-
March 9, 2006
NAI HIFFMAN
One Oakbrook Terrace, Suite 600
Oakbrook Terrace, Illinois 60181
Re- Recorded Documents on February 14, 2006
RESOLUTION 2005- SD -FP- CON- V- R- 901/R2006- 027767
ORDINANCE 2005- ZO- R- S- 1I15/R2006- 027768
ORDINANCE 2005- ZO- SU- S- 1117/R2006- 027769
ORDINANCE 2006- ZO- AN- TIF- EXI- S- 1148/R2006- 027770
Oak Brook Promenade /3001 -3003 & 3121 Butterfield Road and
Vacant Parcel 5 at Butterfield Road and Meyers Road
PIN #'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.
Copies of the above noted recorded documents are enclosed for your information These
are important records 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
Enclosures
cc Dale L Durfey, Jr, Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files V 0. F. 's— 0 U f I
Atty Kenneth Kubiesa, 533 West North Ave, Suite 204, Elmhurst, IL 60126
Atty Mary Riordan, 980 North Michigan Ave, Suite 950, Chicago, IL 60611
/RECD0G2006- RECLTR -NAI HIFFMAN -O B PROMENADE- BUTTERFIELD & MEYERS RD
FRED BUCHOLZ
OUPAGE COUNTY flELUNOER
FEB.14,2006 2:26 PM
OTHER 06 -28- 103 -009
008 PAGES R2006- 027769
(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 -SU -S -1117 AN ORDINANCE GRANTING SPECIAL
USES TO OAK BROOK PROMENADE FOR OUTDOOR DINING AREAS ADJACENT TO UP TO
THREE RESTAURANTS
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 -SU -S -1117
AN ORDINANCE GRANTING SPECIAL USES TO
OAK BROOK PROMENADE FOR OUTDOOR DINING
AREAS ADJACENT TO UP TO THREE RESTAURANTS
(Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523)
(06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019)
WHEREAS, an application has been filed requesting special uses, as detailed in the Oak Brook
Promenade Booklet in the Petition for Special Use section dated December 14, 2004 (hereinafter referred
to as "Booklet ") submitted by Petitioner in support of its application for up to three (3) outdoor dining
special uses adjacent to restaurants at the Oak Brook Promenade to be constructed at the southwest
corner of Meyer Road and Butterfield Road, Oak Brook, Illinois, and
WHEREAS, the Plan Commission reviewed the request for special uses and recommended its
approval, and
WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request for special
uses pursuant to due and appropriate legal notice, and recommended approval of the special uses, and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the Petitioner
satisfactorily addressed the factors required for approval of these special uses and made specific findings
including that the special uses for outdoor dining at the Oak Brook Promenade would be operated so that
the public health, safety and welfare will be protected and there will be no substantial injury to other
property in the neighborhood ,
WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request
for special uses was consistent with other outdoor dining arrangements for restaurants within the Village
of Oak Brook, and
WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the special uses as set forth below to be in
the best interest of the Village,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The recitals above are hereby incorporated into and made a part of this ordinance
Section 2 The Oak Brook Promenade aforesaid is hereby granted special uses for outdoor
dining adjacent to up to three (3) restaurants, subject to the following conditions
1) That the construction and design of up to three (3) restaurants at Oak Brook Promenade
shall 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,
as follows
a The outdoor dining areas proposed for buildings A and B would be approximately
twenty -four feet (24') deep and are oriented towards the five (5) acre water feature
located at the corner of Butterfield Road and Meyer Road The outdoor dining area
for building B is proposed to be the largest of all facilities that are part of the special
use,
Ordinance 2005- ZO -SU -S -1117
Granting Special Uses to
Oak Brook Promenade,
3001 -3003 and 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 2of6
b The smallest of the three (3) outdoor dining areas is proposed for the east side of
Building K and will be approximately fifteen feet (15') deep,
c Access to each of the outdoor dining areas would be from within the restaurant and
would include decorative fencing, lighting and landscaping,
d With regard to the outdoor dining area proposed for Building K, the addition of a low
masonry wall barrier would be part of the building, including pilaster and brick,
e The dining areas will be utilized between April 1St and October 15th of each year
(weather - permitting) and will not offer live music, and
2) Construction, design and use of the outdoor seating area and appurtenances shall be in
substantial conformance with the detailed site plans as contained in Exhibit 2, plan
numbered 2 0, dated January 10, 2005, Site Plan in Exhibit 5, plan numbered 5 0, dated
January 10, 2005, and the Petition for Special Use Section of the Booklet, on file with the
Village and hereby approved, and
3) Construction of the Oak Brook Promenade restaurants aforesaid shall be in substantial
conformance with the site plans and exhibits contained in the Booklet in all respects
including, but not limited to screening for trash receptacles, landscaping of the building,
parking lot and boulevard entrances, use of building materials and furnishings for the
outdoor dining area
Section 3 These special uses and the scope of this ordinance are limited and restricted to the
nineteen point seven (19 7) acre property located at the southwest corner of Meyer Road and
Butterfield Road, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois, which property is
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
Ordinance 2005- ZO -SU -S -1117
Granting Special Uses to
Oak Brook Promenade,
3001 -3003 and 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 3of6
MINUTES 00 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 347 5 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF F A ROUTE 131, THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY
LINE, A DISTANCE OF 27 5 FEET TO THE POINT OF BEGINNING, BEING THE LAND
CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF
TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT R74 -38411
PARCEL 2
06 -28- 103 -014
THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82 5 FOOT RIGHT OF WAY KNOWN
AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO. 1
(PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE
WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN
BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, OF PART OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS
DOCUMENT R64- 24069, IN DUPAGE COUNTY, ILLINOIS, ALSO DESCRIBED AS FOLLOWS
THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63, AS SHOWN
ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1,
DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS
RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING,
THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE
OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER
COMPANY M -1 INC ASSESSMENT PLAT NO 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
Ordinance 2005- ZO -SU -S -1117
Granting Special Uses to
Oak Brook Promenade,
3001 -3003 and 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 6
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
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
Ordinance 2005- ZO -SU -S -1117
Granting Special Uses to
Oak Brook Promenade,
3001 -3003 and 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 6
MINUTES 50 SECONDS EAST (SOUTH 85 DEGREES 13 MINUTES EAST RECORD), ALONG
A SOUTHERLY LINE OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT
NO 2, A DISTANCE OF 100 00 FEET TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN
BUTLER COMPANY_ M -1 INC ASSESSMENT PLAT NO 2, SAID POINT BEING ON THE
WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT
PARCEL NO E -2 -63 1 ACCORDING TO DOCUMENT NO 846924, THENCE SOUTH 04
DEGREES 35 MINUTES 51 SECONDS WEST (SOUTH 04 DEGREES 47 MINUTES WEST,
RECORD) ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY
PERMANENT EASEMENT PARCEL NO E -2 -631, 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
Section 4 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 5 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 6 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
Ayes
Nays
Absent
Ordinance 2005- ZO -SU -S -1117
Granting Special Uses to
Oak Brook Promenade,
3001 -3003 and 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 6
APPROVED THIS 26th day of April , 2005
e
Kevi Quinlan,
Vil ge President
PASSED THIS 26th day of April , 2005
Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
None
None
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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 -SU -S -1117 ,
AN ORDINANCE GRANTING SPECIAL USES TO
OAK BROOK PROMENADE FOR OUTDOOR DINING
AREAS ADJACENT TO UP TO THREE RESTAURANTS
(Oak Brook Promenade, 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois 60523)
(06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019)
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 14th day of February , 2006.
♦ 111{.1,%, Vl \J"im Ll VV11
DuPage and Cook Counties, IL