S-1508 - 10/10/2017 - SPECIAL USE - OrdinancesFRED BUCHOLZ
DUPAGE COUNTY RECORDER
OCT. 26, 2017 12:42 PM
OTHER 340.00 06 — 26 — 303 — 001
014 PAGES R2017 -110457
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2017-ZO-SU-EX-S-1508
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATING TO THE OAK BROOK PARK DISTRICT'S MASTER PLAN
FOR THE PROPERTY LOCATED AT 1300-1500 FOREST GATE ROAD
Property Address/es 1300-1500 FOREST GATE ROAD, OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(,$). 06-26-303-001 TO 06-26-303-004
Name & Address of Applicant:
Laure Kosey, Executive Director
Oak Brook Park District
1450 Forest Gate Road
Oak Brook, Illinois 60523
Name and Address of Responsible Same
Party to Receive Copy of
Recorded Document and Billing at the same ddress above
(1200
Prepared By & Return to: Village of Oak Brook
Oak Brook Road
Oak Brook, IL 60523-2255
G/L Account to be charged: 10-1365
Name & Address of Recipient
of Consideration (when applicable):
G/L Account to be charged:
N/A
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, 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 October 10, 2017 , the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2017-ZO-SU-EX-S-1508
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATING TO THE OAK BROOK PARK DISTRICT'S MASTER PLAN
FOR THE PROPERTY LOCATED AT 1300-1500 FOREST GATE ROAD
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 26th day of October , 2017.
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2017-ZO-SU-EX-S-1508
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATING TO THE OAK BROOK PARK DISTRICT'S MASTER PLAN
FOR THE PROPERTY LOCATED AT 1300-1500 FOREST GATE ROAD
(PINs: 06-26-303-001 to 06-26-303-004)
WHEREAS, pursuant to Ordinance 94-ZO-S-791("SUP Ordinance"), on December 19, 1994, the
President and Board of Trustees granted Oak Brook Park District's ("District') request for a special use to
permit the construction of a Family Recreation/Administration Center in Central Park, the location of which
is legally described in Exhibit A ("Property'); and
WHEREAS, on July 8, 2003, pursuant to Ordinance 2003-ZO-SU-EX1 -S-1 043, the President and
Board of Trustees granted an amendment to the SUP Ordinance to permit construction of a 10,000
square foot addition to the Center on the Property; and
WHEREAS, on July 13, 2004, pursuant to Ordinance 2004-ZO-SU-EX-1-1075, the President and
Board of Trustees granted a second amendment to the SUP Ordinance to permit the construction of a
4,800 square foot splash park/pad on the Property; and
WHEREAS, on April 10, 2012, pursuant to Ordinance 2012-ZO-V-EX-S-1335, the President and
Board of Trustees granted a third amendment to the SUP Ordinance to incorporate the District's Master
Plan ("2012 Plan') for the Property; and
WHEREAS, the District desires to amend the 2012 Plan by adding a new combination baseball
field/multi-use synthetic turf field, LED sports lighting, a new archery activity area, an all-inclusive
playground, fitness stations, a new clubhouse building, and expanded parking (collectively, the "2017
Plans'); and
WHEREAS, the District has filed an application requesting an amendment to the SUP Ordinance
to incorporate the 2017 Plans, as shown on:
the Overall Master Plan, prepared by Wight & Company, consisting of 1 sheet, and dated June
14, 2017, attached as Exhibit B, and by this reference, made a part hereof; and
the Ballfield Area Master Plan, prepared by Wight & Company, consisting of 1 sheet, and dated
June 14, 2017, attached as Exhibit C, and by this reference, made a part hereof ("SUP
Amendment'); and
WHEREAS, at its meeting on June 19, 2017, the Plan Commission ("PC') reviewed the
requested SUP Amendment and found that the District had satisfied the requirements for the requested
relief, and recommended that the President and Board of Trustees approve the SUP Amendment, subject
to certain conditions; and
WHEREAS, on August 1, 2017, the Oak Brook Zoning Board of Appeals (7BA") conducted a
public hearing on the requested SUP Amendment, pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the ZBA determined that the SUP Amendment
was not necessary for the public convenience, and therefore did not recommend the SUP Amendment for
approval by the President and Board of Trustees; and
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 2 of 10
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the PC
and the ZBA, and have determined that granting the SUP Amendment, as set forth in this Ordinance, to
be in the best interests of the Village; and
WHEREAS, the Village Board makes the following findings of fact in reference to the District's
application for approval of the SUP Amendment:
The SUP Amendment is necessary for the public convenience at the Property;
2. The SUP Amendment is designed, located, and proposed to be operated that the public
health, safety, and welfare will be protected; and
3. The granting of the SUP Amendment will not cause substantial injury to the value of other
property in the neighborhood of the Property.
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. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of SUP Amendment. Pursuant to the standards set forth in Section 13-14-
9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in
Section 3 of this Ordinance, the SUP Amendment is hereby granted to amend the 2012 Plan by
incorporating the 2017 Plans, as shown in Exhibit B and Exhibit C.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
A. Compliance with Plans. The development, maintenance, and operation of the Property will
be in substantial compliance with all previously approved plans, as amended by the 2017
Plans attached as Exhibit B and Exhibit C, except for minor changes and site work approved
by the Director of Development Services in accordance with all applicable Village rules,
regulations, and ordinances.
Continuing Effect. The 2012 Plan shall continue in full force and effect, except as
amended by the 2017 Plans. To the extent that there is any conflict between the 2012
Plan and the 2017 Plans, the 2017 Plans shall control, except as provided in
Subsection 3.13.1 of this Ordinance.
B. Compliance with Laws. The Property, and all improvements on the Property, will be used,
operated, and maintained at all times in accordance with all applicable federal, state, and
Village statutes, codes, ordinances, rules, and regulations.
Continuing Effect. Specifically, Ordinance 2014-ZO-SU-EX-S-1403 and its playing
field lighting regulations remain in full force and effect. This Ordinance does not
amend playing field lighting standards, and the Property must remain in compliance
with Ordinance 2014-ZO-SU-EX-S-1403. In the event of a conflict between Ordinance
2014-ZO-SU-EX-S-1403 and this Ordinance regarding playing field lighting, Ordinance
2014-ZO-SU-EX-S-1403 shall control.
C. No Authorization of Work. This Ordinance does not authorize commencement of any work
on the Property. Except as otherwise specifically provided in writing in advance by the
Community Development Director, no work of any kind may be commenced on the Property
pursuant to the approvals granted in this Ordinance unless and until all conditions of this
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 3 of 10
Ordinance precedent to that work have been fulfilled and after all permits, approvals, and
other authorizations for the work have been properly applied for, paid for, and granted in
accordance with applicable law.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the District to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the SUP Amendment
granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees,
by ordinance duly adopted, be revoked and become null and void.
Section 5: Binding Effect; Non -Transferability. The privileges, obligations, and provisions of
each and every section of this Ordinance are for the sole benefit of, and will be binding on, the District.
Nothing in this Ordinance will be deemed to allow this Ordinance to be transferred to any person or entity
without a new application for approval for any person or entity other than the District.
Section 6: Severability. If any section, paragraph, clause or provision of this Ordinance
shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
1. Passage by the President and Board of Trustees by a majority vote in the
manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Petitioner with the Community Development Director of an
unconditional agreement and consent to accept and abide by each and all of the
terms, conditions, and limitations set forth in this Ordinance. The unconditional
agreement and consent must be in the form of Exhibit D, attached to and, by this
reference, made a part of this Ordinance; and
4. The recordation of this Ordinance together with any exhibits as the Village Clerk
deems appropriate for recordation in the Office of the DuPage County Recorder.
The Petitioner will bear the full cost of this recordation.
B. In the event that the District does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A.3 of this Ordinance within 60 days after the
date of final passage of this Ordinance, the Board of Trustees will have the right, in its sole
discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS}
Ayes:
Nays:
APPROVED THIS 10th Day of October, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 10th Day of October, 2017
Trustees Baar, Cuevas, Saiyed, Yusuf
Trustee Manzo
Absent: None
Present: Trustee Tiesenga
a
Ogg
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 4 of 10
Charlotte K. Pruss
Village Clerk
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 5 of 10
EXHIBIT A
LEGAL DESCRIPTION
Oak Brook Park District Central Park Legal Description
That part of Lot 1 in Oak Brook Investment Company Assessment Plat No. 3, of parts of Section 26,
Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded
July 23, 1964 as Document No. R64-26333 described as follows:
LOT #1
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 Degrees — 05'- 40" West, a distance of
80.00 feet; thence North 89 Degrees - 40' - 30" West, and parallel with the South line of Lot 1, a
distance of 100.00 feet to the place of beginning; thence North 0 degrees - 05' 40" West, a distance of
1122.50 feet; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70
degrees - 48' West, a distance of 324.80 feet; thence North 63 degrees - 49'- West, a distance of 256.19
feet; thence North 81 degrees - 09' West, a distance of 231.71 feet; thence South 89 degrees - 42' West,
a distance of 842.44 feet; thence South 75 degrees -20' West, a distance of 532.46 feet more or less to a
point on the Easterly boundary line of land conveyed to the State of Illinois for use of the Department of
Public Works and Buildings per deed recorded January 9, 1969 as Document No. R69- 1030; thence
Southerly along the East line of land conveyed to the State of Illinois per Document No. R69-1030 the
following three (3) courses or curves and distances: (1) thence Southerly along an arc of a circle,
having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof
having a bearing of South 2 degrees - 46' - 57 " East, and a length of 397.63 feet, an arc -distance of
397.75 feet; (2) thence South 9 degrees- 21' - 58" East, a distance of 195 feet; (3) thence Southerly
along an arc of a circle, having a radius of 4648.35 feet (4644. 65 feet Deed), being convex to the West,
the chord thereof having a bearing of South 12 degrees - 09' - 31" East, and a length of 734.61 feet
an arc distance of 735.37 feet to the intersection with the South line of Lot 1, aforesaid; thence
South 89 degrees -40'-30" East along the South line of said Lot 1, a distance of 1144.17 feet more or less
to a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1, thence Northerly
along an arc of a circle, having a radius of 1487 feet, being convex to the East, the chord thereof
having a bearing of North 8 degrees - 00' - 34" West and a length of 80.85 feet, an arc -distance of 80.86
feet; thence South 89 degrees - 40' - 30" East, and parallel with the South line of Lot 1, aforesaid, a
distance of 813. 12 feet to the place of beginning, (except that part thereof described as follows.-
LOT
ollows:LOT #3
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' - 40" West, a distance
of 80.00 feet: thence North 89 degrees - 40' - 30" West, and parallel with the South line of Lot 1, a
distance of 846.17 feet to the place of beginning; thence continuing North 89 degrees - 40'30" West and
parallel with the South line of said Lot 1, a distance of 620 feet; thence South 4 degrees - 21' East, a
distance of 845.91 feet; thence South 89 degrees - 40'- 30 ' East and parallel with the South line of said
Lot 1, a distance of 620 feet; thence South 4 degrees - 21' East, a distance of 845.91 feet to the place of
beginning;) and (except that part thereof described as follows:
LOT #4
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' - 40" West, a
distance of 80.00 feet; thence North 89 degrees - 40' - 30" West. and parallel with the South line of Lot
1, a distance of 913.12 feet to the place of beginning; thence continuing North 89 degrees 40' 30" West
and parallel with the South line of said Lot 1, a distance of 553.05 feet; thence North 4 degrees
- 21' West, a distance of 467.36 feet; thence North 89 degrees - 40 degrees- 30" West and parallel with
the South line of said Lot 1, a distance of 672.89 feet more or less to a point on the Easterly boundary
line of land conveyed to the State of Illinois for use of the Department of Public Works and Buildings per
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 6 of 10
deed recorded January 9, 1969 as Document No. R69-1030; thence Southerly along said Easterly line
of land conveyed to the State of Illinois per Document No. R69-1030, being an arc of a circle, having a
radius of 4648.35 feet (4644.65 feet Deed), being a convex to the West, having a chord bearing of South
13 degrees - 13' - 43" East and a length of 561.44 feet, an arc -distance of 1144.17 feet more or less
to a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1; thence Northerly
along an arc of a circle, having a radius of 1487 feet, being convex to the East, the chord thereof
having a bearing of North 8 degrees - 00' - 34" West and a length of 80.85 feet, an arc -distance of
80.86 feet to the place of beginning;) containing 44.0000 Acres more or less, in DuPage County,
Illinois.
LOT #2
That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of Section 26,
Township 39 North, Range 11, East of the 3rd Principal Meridian, according to Plat thereof recorded July
23, 1964 as Document No. R64-26333 described as follows:
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40 ' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' - 40" West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West and parallel with the South line of said Lot 1, a
distance of 100.00 feet; thence North 0 degrees - 05'- 40" West, a distance of 1122.50 feet to the place of
beginning; thence South 89 degrees - 53' - 48" West, a distance of 26.78 feet; thence North 70 degrees -
48' West, a distance of 324.80 feet; thence North 63 degrees - 49' West, a distance of 256.19 feet; thence
North 81 degrees - 09' West, a distance of 231.71 feet; thence South 89 degrees - 42' West, a distance of
842.44 feet; thence South 75 degrees - 20' West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Northerly
along said Easterly line of land conveyed to the State of Illinois per Document No R69-1030, being an
arc of a circle, having a radius of 4658,35 feet (4654.65 feet Deed), being convex to the West, the chord
thereof having a bearing of North 0 degrees - 20' - 38" East, a chord and arc -distance of 110.60 feet to
a point in the center of Ginger Creek; thence Easterly along the center thread of Ginger Creek the
following seventeen (17) courses and distances:
(1) North 63 degrees - 50' East, a distance of 61.97 feet; (2) thence North 73 degrees - 38' East, a
distance of 226 feet; (3) thence North 78 degrees - 02' East, a distance of 220 feet; (4) thence South
88 degrees - 54' East, a distance of 562 feet; (5) thence North 70 degrees - 27' East, a
distance of 36 feet; (6) thence North 88 degrees - 29' feet East, a distance of 284 feet; (7) thence
South 81 degrees - 57' East, a distance of 218 feet, (8) thence North 88 degrees - 30' East, a
distance of 40 feet; (9) thence South 39 degrees — 14' East, a distance of 72 feet ; (10) thence
North 75 Degrees - 39 feet East, a distance of 74 feet; (11) thence South 27 degrees 19' East, a
distance of 60 feet; (12) thence South 79 degrees - 02' East, a distance of 111 feet; (13) thence
South 69 degrees - 08' East, a distance of 55 feet; (14) thence South 83 degrees - 09' East, a distance
of 73 feet; (15) thence South 77 degrees - 19' East, a distance of 70 feet; (16) thence South 35
degrees - 08' East, a distance of 80 feet; (17) thence South 55 degrees - 08' East, a distance
of 41.32 feet more or less to a point located 98.19 feet North 0 degrees - 05' 40" West of the place
of beginning; thence South 0 degrees - 05'- 40" East, a distance of 96.18 feet to the place of
beginning; containing 6.0000 Acres more or less, in DuPage County, Illinois.
Also described as:
Lot 2 in Autumn Oaks Unit One, being a subdivision of part of Section 26, Township 39 North, Range 11,
and East of the Third Principal Meridian according to Plat thereof recorded February 1, 1973 as document
No. R73-5825 in Du Page County, Illinois.
Permanent Parcel #06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004
Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 7 of 10
EXHIBIT B
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Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 8 of 10
EXHIBIT C
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Ordinance 2017-ZO-SU-EX-S-1508
Special Use — Oak Brook Park District
1300-1500 Forest Gate Road
Page 9 of 10
EXHIBIT D
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by the Oak Brook Park District ("Petitionel"), as owner
of the property located at 1300-1500 Forest Gate Road, Oak Brook, Illinois ("Property"), which Property
is legally described in Exhibit A attached hereto and incorporated herein, requesting an amendment to
their special use permit ("SUP Amendment") to incorporate a Revised Master Plan for the Property; and
WHEREAS, Ordinance No. 2017-ZO-SU-EX-1508, adopted by the President and Board of
Trustees of the Village of Oak Brook on September 26, 2017, ("Ordinance") grants approval of the SUP
Amendment, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner files this Unconditional Agreement and Consent
with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set
forth in the Ordinance;
NOW, THEREFORE, the Petitioner does hereby agree and covenant as follows:
1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner acknowledges and agree that: (i) public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered
the possibility that the SUP Amendment granted by the Ordinance may be revoked if the Petitioner does
not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner acknowledges and agrees that the Village is not and will not be, in any
way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any
permits for the construction or use of the Property, and that the Village's issuance of any such permits
does not, and will not, in any way, be deemed to insure the Petitioner against damage or injury of any
kind and at any time.
4. The Petitioner agrees to and do hereby hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
such parties in connection with the construction, operation, and use of the Property or the Village's
adoption of the Ordinance.
5. The Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village
in defending itself with regard to any and all claims mentioned in this Unconditional Agreement and
Consent. These expenses shall include all out of pocket expenses, such as attorneys' and experts' fees,
and shall also include the reasonable value of any services rendered by any employee of the Village.
6. This Unconditional Agreement and Consent may not be amended, modified, released or
annulled except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Laure Kosey, Executive Director, executed this Unconditional Agreement
and Consent on behalf of the Oak Brook Park District, on this 19th day of October, 2017.
ATTEST:
By:
Its: Director of Recreation and Facilities
SUBSCRIBED and SWORN to
Before me thisl* day of
2017
*a
Notary"Publi
<seal>
"OFFICIAL SEAL"
BONNIE J GIBELLINA
Notary Public, State of Illinois
Commission Expires I I MO 2020
4838-5417-5057, v. 1