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S-494 - 08/24/1982 - ZONING-SPECIAL USE - Ordinances S-4414 Z t�� M'j L To,v ki 14 ;rE MALL PKY ` IS i VF"�4o TMiNp ORDINANCE NO. S— 494 PI V# 06-3Y-aol-05? IL AN ORDINANCE APPROVING A SPECIAL USE FOR RESIDENTIAL DEVELOPMENT OF EXISTING BUILDING OF HISTORICAL, ARCHITECTURAL AND CULTURAL SIGNIFICANCE WHEREAS, the President and Board of Trustees of the Village of Oak Brook have heretofore adopted Ordinance No. G-328 , which Ordinance creates a special use in the R-3 Single-Family Detached Residence District for residential development of existing buildings of historical, architectural or cultural significance; and WHEREAS, the Plan Commission of the said Village of Oak Brook has recommended the approval of said special use for the property hereinafter described specifically for the residential development of the structure known as the St. Joseph seminary on July 20, 1981 ; and WHEREAS, the Zoning Board of Appeals of said Village on March 2, 1982 recommended the approval of said special use for the property hereinafter described, specifically for the residential development of the structure known as the St. Joseph seminary; and WHEREAS,the Village President and Board of Trustees have reviewed the recommendations of the said Plan Commission and Zoning Board of Appeals and concur with the same subject to the conditions enumerated herein; 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 : That the provisions of the preamble herein above set forth are hereby adopted as though fully set forth herein. Section 2: That the Village President and Board of Trustees find as follows: (A) That the St. Joseph Seminary building has historical, architectural and cultural significance and fulfills all of the criteria of Section VII (E) (2) (b) (2) of the Zoning Ordinance of the Village of Oak Brook. (B) That the St. Joseph Seminary building is suitable for preservation and conversion into residential dwellings, specifically, 53 single-family attached townhouses. (C) That the proposed preservation plan in fact preserves the existing building as a historical, architectural and culturally significant structure. i (D) That the proposed residential development of St. Joseph Seminary is so designed, located and proposed to be operated so that the public health, safety i i I S-444 Ordinanceo. S- 494 Page 2 St. Joseph Seminary Special Use and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located. Section 3: That the proposed preservation plan for the residential development of the St. Joseph Seminary, be and is hereby approved. Said preservation plan includes: (A) Information addressing the criteria set forth in Section VII (E) (2) (b) (2) including: (i) David Gooder letter dated December 18, 1981. (ii) David Gooder memo dated March 1, 1982. (iii) Wilbert Hasbrouck memo dated March 2, 1982. (B) Floor plan of existing and proposed uses in- cluding: (i) Existing and proposed plans for basement and plans for existing first, second, and third floors dated June 15, 1981 as prepared by Milton N. Zic. (ii) Proposed plans for first floor dated January 28, 1982 as prepared by Milton N. Zic. (iii) Proposed plans for second and third floors dated February 18, 1982 as prepared by Milton N. Zic. (C) Plat of survey locating existing and proposed structures as detailed on: (i) John R. Cook's plat of survey dated March 13, 1981 (existing) . (ii) John R. Cook's preliminary plat as last revised August 24, 1982 (proposed) . (D) A statement detailing alterations to interior and exterior and identifying restored and/or preserved features as detailed in: (i) Description of preservation restora- tion, and alterations to Seminary- Proposed Whitehall Park Townhomes Development dated November 23, 1981. i ,� - �_.; V-4 9 4 Ordinance No. S- 494 Page 3 St. Jopseph Seminary Special Use (ii) Plans detailing existing and proposed exterior elevations, details of doors, windows, and roof lines dated as received January 29, 1982, and, (iii) Photographic renderings dated as received March 2, 1982. (iv) List of items to be removed, dated as received January 29, 1982. (E) Topographic analysis of site with two foot intervals as detailed in Site Analysis No. 4-127-201 dated June 15, 1981 as prepared by John R. Cook and Associates. (F) Information on existing and proposed water mains, sanitary sewers, storm sewers and other public improvements as detailed in the preliminary engineering, No. 4-127-201 prepared by John R. Cook and Associates and dated as last revised August 24, 1982. (G) Traffic study as detailed in traffic study for proposed Whitehall Park Development dated December 18, 1981 and prepared by James J. Benes and Associates. (H) Aerial photograph entitled "Zoning in the Vincinity of 35th Street and Midwest Road, Oak Brook, Illinois" dated June 15, 1981 showing land uses, physical features, and zoning within 400 yards of subject property. (I) Proposed fire protection plan as detailed in letter from Milton N. Zic, entitled, "Proposed Fire Protection For Whitehall Park" and dated December 11, 1981. Section 4: That a special use pursuant to Section VII (E) (2) (b) of the Zoning Ordinance for the residential development of the St. Joseph Seminary building into 53 single family attached townhouses be and is hereby approved specifically and exclusively for the property located on the north side of 35th street approximately 660 feet East of Midwest Road which property is legally described as: Lot 23 in Whitehall Park, a subdivision of part of Section 34, Township 39 North Range 11, East of the Principal Meridian in DuPage County, Illinois, according to the plat thereof recorded 1982, as Document No. R-82 , as further described in the attached Exhibit "A". INMe S- 41+ , Ordinance No. S- 494 Page 4 St. Joseph Seminary Special Use Section 5: That the special use herein approved is subject to the following conditions: (A) That a final preservation plan detailing all information included within the proposed preservation plan, in form and substance acceptable to the Village, be filed with the Village within 60 days of the date of this Ordinance. (B) That there be filed with the Village within 60 days of the date of this Ordinance final plans and specifica- tions for all public improvements required for the implementation of the preservation plan. (C) That there be filed with the Village within 60 days of the date of this Ordinance all covenants, easements, preservation restrictions, and condominium declarations in form and substance acceptable to the Village, which documentation shall contain restrictions against subdivision of any townhouse condominium units. (D) That no special use as herein approved be issued until the submission to and approved by the corporate authorities of the material described in subsections (A) through (C) inclusive, of this Section 5. (E) That the preservation vista for the property referred to in Section 4 hereof shall be all that area exclusive of the principal structure referred to as the St. Joseph Seminary and excepting those specific areas where accessory uses and other approved structures are detailed on the approved preservation plan; and further that a variation from the provisions of Section VII (E) (2) (b) 5 (f) is specifically granted to allow the preservation vista as depicted on the proposed preservation plan approved in Section 3 hereof. (F) That only the accessory uses depicted on the approved final preservation plan may be located provided that no such accessory use maybe located closer than 40 feet from any lot line of lot 23 and shall be bermed and landscaped to serve as a buffer from nearby property. Said berming and i Ordinance No. S- 494 Page 5 St. Joseph Seminary Special Use landscaping shall be constructed in conjunction with public improvements and land improvements constructed pursuant to an approved final plat of subdivision. (G) That no building permit for any of the work encompassed herein be issued until approval by the corporate authorities of a final plat of subdivision of Whitehall Park in form and substance acceptable to the Village and consistent with the preliminary plat of subdivision thereof heretofore approved. (H) A variation is hereby granted from the provisions of Section VII (E) (2) (b) (5) (e)to allow a density of not more than 3.3 dwelling units per acre on the property described in Section 4 hereof. Section 6: That the provisions of this Ordinance are without prejudice to the Village' s rights to require additional public improvements or land improvements as defined in the Subdivision Regulations of the Village in connection with the approval of any subdivision or resubdivision of the property described in Section 4 hereof. Section 7: This Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Passed this 24th day of August , 1982• Ayes: Trustees Congreve, Imrie, Listecki, Philip and Watson. Nays: Trustee Rush Absent: None Approved this 24th day of August 1982 Ordinance No. S- 494 Page 6 St. Joseph Seminary Special Use i4agePresident ATTEST: Village Clerk Approved as to Form: ill ge Attorney Published Date Paper XXXX Not Published DESCRIPTION OF LOT 23 - WHITEHALL PARK THAT PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID FRACTIONAL SECTION 34; THENCE SOUTH 870 56' 18" WEST ALONG THE CENTERLINE OF THE RIGHT OF WAY OF 35TH STREET AS PRESENTLY ACCEPTED, A DISTANCE OF 2624.66 FEET; THENCE NORTH 000 22' 44" WEST ALONG THE EASTERLY LINE OF TRINITY LAKES UNIT 2 BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED AS DOCUMENT NO. R81-55561 IN DUPAGE COUNTY, ILLINOIS, A DISTANCE OF 342.22 FEET; THENCE NORTH 450 22' 40" WEST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2, A DISTANCE OF 233.24 FEET TO A POINT ON A CURVE; THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 220.96 FEET AND A CHORD BEARING OF NORTH 150 06' 54" EAST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2, AN ARC LENGTH OF 122.34 FEET TO A POINT OF TANGENCY; THENCE NORTH 000 44' 44" WEST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2 BEING A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 36.00 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 000 44' 44" WEST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2, A DISTANCE OF 374.05 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2 BEING A CURVE TO THE LEFT OF _THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 226.00 FEET, A DISTANCE OF 187.00 FEET TO A POINT ON THE CURVE; THENCE NORTH 210 36' 25" EAST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2, A DISTANCE OF 129.34 FEET; THENCE NORTH 000 44' 45" WEST ALONG SAID EASTERLY LINE OF TRINITY LAKES UNIT 2, A DISTANCE OF 130.00 FEET TO THE NORTH LINE OF SAID TRINITY LAKES UNIT 2 SAID LINE BEING ALSO THE SOUTHERLY LINE OF TRINITY LAKES UNIT 4 BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 34,' LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED AS DOCUMENT NO. R80-13385 IN DUPAGE COUNTY, ILLINOIS; THENCE NORTH 890 15' 16" EAST ALONG THE SOUTH LINE OF SAID TRINITY LAKES UNIT 4, A DISTANCE OF 258.75 FEET; THENCE NORTH 890 16' 11 " EAST ALONG THE SOUTH LINE OF SAID TRINITY LAKES UNIT 4, A DISTANCE OF 50.16 FEET; THENCE SOUTH 090 43' 49" EAST, A DISTANCE OF 121 .00 FEET; THENCE SOUTH 890 43' 49" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 680 10' 23" EAST, A DISTANCE OF 62.36 FEET; THENCE SOUTH 430 45' 11 " EAST, A DISTANCE OF 127.00 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 65.00 FEET AND A CHORD BEARING OF SOUTH 590 30' 46" EAST, AN ARC LENGTH OF 200.84 FEET; THENCE SOUTH 710 37' 54" EAST ALONG A NON-TANGENT LINE, A DISTANCE OF 71 .12 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 213.00 FEET, A DISTANCE OF 258.00 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE AND HAVING A RADIUS OF 73.00 FEET, A DISTANCE OF 33.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 280 07' 56" EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 34.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 190.00 FEET, A DISTANCE OF 298.45 FEET TO A POINT OF TANGENCY; THENCE SOUTH 610 52' 04" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 174.01 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 78.83 FEET, A DISTANCE OF 52.61 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED CURVE AND HAVING A RADIUS OF 303.00 FEET, A DISTANCE OF 139.26 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE AND HAVING A RADIUS OF 195.00 FEET, A DISTANCE OF EXHIBIT 'A' • S. �q►-� �-� 45.37 FEET; THENCE SOUTH 630 06' 24" EAST ALONG A LINE NON-TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 40.19 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 237.00 FEET, A DISTANCE OF 112.95 FEET TO A POINT OF CUSP; THENCE NORTHERLY, EASTERLY, 5'OUTHERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF '65.00 FEET AND A CHORD BEARING OF SOUTH 120 57' 32" EAST, AN ARC LENGTH OF 337.72 FEET TO A POINT OF CUSP; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 303.00 FEET AND A CHORD BEARING OF NORTH 780 08' 29" WEST, AN ARC LENGTH OF 159.02 FEET TO A POINT OF TANGENCY; THENCE NORTH 630 06' 24" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 40.19 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 195.00 FEET AND HAVING A CHORD BEARING OF SOUTH 070 32' 39" WEST, AN ARC LENGTH OF 65.39 FEET TO A POINT OF TANGENCY; THENCE SOUTH 020 03' 42" EAST, A DISTANCE OF 29.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 80.00 FEET, A DISTANCE OF 20.97 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED CURVE AND HAVING A RADIUS OF 125.00 FEET, A DISTANCE OF 20.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 020 03'42" EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 104.89 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF 35TH STREET; THENCE SOUTH 870 56' 18" WEST ALONG THE NORTHERLY RIGHT OF WAY OF 35TH STREET, A DISTANCE OF 80.00 FEET; THENCE NORTH 020 03' 42" WEST, A DISTANCE OF 104.89 FEET TO A POINT OF TANGENCY; THENCE NORTHERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 125.00 FEET, A DISTANCE OF 32.76 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE AND HAVING A RADIUS OF 80.00 FEET, A DISTANCE OF 20.97 FEET TO A POINT OF TANGENCY; THENCE NORTH Z� 03' 42" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 29.00 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED CURVE EXTENDED AND HAVING A RADIUS OF 261 .00 FEET, A DISTANCE OF 98.81 FEET; THENCE NORTH 630 06' 24" WEST ALONG A LINE NON-TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 38.09 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 238.00 FEET, A DISTANCE OF 134.11 FEET TO A POINT CUSP; THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 65.00 FEET AND HAVING A CHORD BEARING OF NORTH 110 27' 53" WEST, AN ARC LENGTH OF 162.99 FEET; THENCE NORTH 290 37' 49" WEST, A DISTANCE OF 123.18 FEET; THENCE SOUTH 890 15' 16" WEST, A DISTANCE OF 150.00 FEET TO THE PLACE OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 16.26 ACRES, MORE OR LESS. PREPARED BY: JOHN R. COOK ASSOCIATES, LTD. 1809 A MILL STREET NAPERVILLE, ILLINOIS 60540 AUGUST 30, 1982 EXHIBIT 'A'