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S-477 - 07/14/1981 - ZONING - Ordinances ORDINANCE NO. S- 477 AN ORDINANCE APPROVING AN IMPROVEMENT PLAN IN ACCORDANCE WITH THE PROVISIONS OF SECTION X(D) OP THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE VI (A) OF THE SUBDIVISION REGULATIONS OF THE VILLAGE OF OAK BROOK RELATIVE TO DEVELOPMENT OF PROPERTY COMMONLY KNOWN AS THE G.H.Q. PROPERTY WHEREAS , the President and Board of Trustees of the Village of Oak Brook have heretofore adopted Ordinance S-408 rezoning the prop- erty described in Section 3 hereof to ORA-3 Office Research Assembly District ; and WHEREAS , as required under the provisions of Section X(D) of the Zoning Ordinance of the Village of Oak Brook the President and Board of Trustees have approved a Development Plan for the subject property pursuant to the passage of Ordinance S-409 ; and WHEREAS, the owner of the subject property, PBcDonald' s Corpora- tion , has petitioned the Village for approval of an Improvement Plan for said subject property , said Improvement Plan known as "McDonald ' s Corporation Office Campus Phase IA" ; and WHEREAS , the Plan Commission .of the Village has recommends its approval of said Improvement Plan Phase IA consistent with the Zoning Ordinance and Subdivision Regulations of said Village , and , as further consistent with the Development Plan heretofore approved for the subject property pursuant to Ordinance S-409 ; and WHEREAS, the President and Board of Trustees have reviewed the provisions of the Improvement Plan and concur with the recommendation of the Plan Commission for approval of Improvement Plan Phase IA subject to the provisions of this Ordinance ; 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 l : That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth; herein. Section 2 : That the Improvement Plan entitled "McDonald' s Corporation Office Campus - Phase IA Improvement Plan" prepared Fujikawa , Conterato , Lohan & Associates , Inc . et al , and dated June 10 , 1981 depicted on Sheet IP1 thereof , Exhibit "I" hereto , be and is hereby approved as consistent with the provisions of Section X (D) of the Zoning Ordinance of the Village of Oak Brook and Article VI (A) of the Subdivision Regulations of said Village. The provisions of said Improvement Plan as noted herein and as further detailed in the drawings listed in the attached Exhibit 112" are hereby incorporated by reference herein as though fully set herein. In the event of any conflict between any of said provisions of the Improvement Plan or the drawings listed in Exhibit 112" hereto and this Ordinance , the provisions of this Ordinance herein set forth shall control and super- cede any such inconsistent provisions . Section 3 : That the approval of the Improvement Plan set forth in Section 2 of this Ordinance is specifically limited to the property described as : Lot 1 in Butler G. H. Q. Subdivision , being a subdivision of part of Section 26 , Township 39 North, Range 11 East Ordinance No . S- 477 Page 2 Approving Improvement Plan for Property Commonly Known as G.H.Q. Property (McDonald' s) of the Third Principal Meridian , accroding to the plat thereof recorded August 6 , 1980 as Document R80-44966 in DuPage County, Illinois . Section 4 : That the provisions of this Ordinance and Village approval hereof are without prejudice to the Village ' s rights to require additional public improvements as defined in Section 2 (J) of Article VI (A) of the Subdivision Regulations of the Village in connection with the approval of any subsequent phase or sub-phase Improvement Plan , other development or resubdivision of the prop- erty described in Section 3 . Section 5 : That the following enumerated documents dated July 14 , 1981 be and the same are hereby approved and are hereby made a part of this Ordinance . By such approval the Village President and Village Clerk are hereby authorized and directed to execute such appropriate documents as required to implement the provsions thereof. A. Improvement Plan Agreement , Exhibit 113" hereto ; B. Declaration of Covenants , Exhibit "4" hereto ; C. Easement Grant Over Private Paths and Private Roadways , Exhibit "S" hereto ; D. Bicycle Path Easement Grant , Exhibit "6" hereto ; E. Water Main Easement Grant , Exhibit "7" hereto ; and F. First Amendment to Watercourse Drainage , Access and Maintenance Easement Grant , Exhibit 11811 hereto . Section 6 : That the approval of the McDonald' s Corporation Office-Campus ~Phase IA Improvement Plan as gi=ven in Section 2 hereof be and is hereby expressly subject to the following conditions : A. That the provisions thereon for the construction of a building known as Lodge Building #3 and a structure designated as a swimming pool thereon are expressly made a discretionary part of the Improvement Plan and the approval thereof as herein given. Nothing in this Ordinance shall be deemed to require McDonald' s to undertake the construction of such building and structure and it may elect not to undertake such construction without prejudice to its compliance with said Plan or its right to request the inclusion of those improvements and any application for approval of a subsequent phase or sub-phase Improvement Plan. B. That the Improvement Plan shall be in substantial com- pliance with the provisions of Ordinance S-457 of the Village relative to the granting of a Flood Plain Special Use . C. That the natural ground level of the subject property to be utilized for the computation of allowable structure height , as defined in Section XIV(B) (9S . 1) of the Zoning Ordinance of the Village of Oak Brook, shall be that ground level approved in conjunction with the modification of the flood plain limits on the subject property authorized pursuant to the provisions of the aforementioned Ordinance 5-457 . D. That no public water supply may be used for any irrigation of on-site exterior landscaping, shrubbery , grassed areas , or other vegetation. Ordinance No.S- 477 Page 3 Approving Improvement Plan for Property Commonly Known as the G.H.Q. Property (McDonald ' s) E. That development under the said Improvement Plan as approved herein shall be subject to the issuance of building permits : (i) building permit allowing the construction of building foundations ; and (ii) a subsequent building permit encompassing com- pletion of construction of said buildings pro- vided that application for such second permit shall be made within 60 days of the issuance of the building permit as specified in sub- section. (i) hereof and shall include provisions for con- struction of required parking spaces . The purpose of this Section is not to abrogate the provisions of the Village ' s Building Code , but to facili- tate orderly phasing of necessary excavation and grading work in conjunction with the alteration of the flood plain limits on the property. F. That issuance of a building permit pursuant to sub-section E(ii) hereof shall authorize issuance of any required Village water permit , provided that no occupancy certificate for any such building may be issued until completion of all on-site and off-site sewer and water systems , including interconnection of those respective systems with existing public sewer and water systems . G. That no building permit may be issued pursuant to sub-section E(ii) hereof until presentation to the Village of evidence indicating the approval of the Improvement Plan plans and specifications for the sewer system described therein by the Hinsdale Sanitary District. H. That all on-site and off-site land improvements and public improvements be constructed in substantial conformance with . the plans and specifications therefor entitled "McDonald' s Corporation Office Campus Phase lA Improvement Plan" pre- pared by Fujikawa, Conterato , Lohan and Associates , Inc . , et a1 , consisting of : (i) all drawings as detailed in Exhibit "2" ; (ii) Project Manual therefor dated June 10 , 1981 ; and (iii) Revisions as referenced to in the memorandum dated July 10 , 1981 from Fujikawa , Conterato , Lohan and Associates , Inc . , a copy of which is attached hereto , labelled Exhibit "91' , and hereby made a part hereof. Said plans and specifications (sub-secti!uns (i) and (ii) hereof) are hereby approved subject to incorporation therein of the revisions detailed in sub-section (iii) . Section 7 : That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Section 8 : That the Village Clerk is hereby authorized and directed to certify the approval of the Improvement Plan by the Village Board upon the filing with the Village by McDonald ' s of an appropriate completion bond and other documentatikon as required pur- suant to Article VI (A) , Section 2 (H) of the Village ' s Subdivision Regulations . Ordinance No. S- 477 Page 4 Approving Improvement Plan for Property Commonly Known as the G. H. Q. Property (McDonald ' s) Passed this 14th day of July 1981 . Ayes : Trustees Congreve, Imrie, Listecki and Rush Nays : None Absent : Trustees Philip and Watson Approved this loth day of July 1981 . Village resic7ent ATTEST: Village Clerk Approved Form: Vi.11 ge Attorney Published Date Paper Not Published x £ E X H I B I T "I" (Page 1" of 1) o `-- - 0 'IlkCg / �6 o mo>)lo (%(M�aaw- su. 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