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S-646 - 07/12/1988 - ZONING - Ordinances f f g24Nt JCn �RNiE Py1.R FROM R-4 To 8-9- ORDINANCE NO. S: (> AN ORDINANCE REZONING CERTAIN pACEL3 TO THE B-2 ,STRICT (15th Street and Castle Drivel WHEREAS, on October 23, 1987, The John Buck Cosapany as contract purchaser filed an application .requesting that certain property in the area of 16th Street and Castle Drive in the Village of Oak Brook, Illinois, presently zoned R-4 be rezoned to B-"l Regional Shopping Center District ; and WHEREAS, at its meeting of December 14, 1987, the Plan Commission unanimously recommended to the Village Board that the requested rezoning be granted; and WHEREAS, the Zoning Board of Appeals, at its meeting of January 5, 1988, unanimously recommended to the Village Board that the requested rezoning be granted and made certain findings of fact in support thereof as set forth in the Chairman of the Zoning Board's letter to the President and Board of Trustees dated January 8, 1988, all pursuant to due and appropriate legal notice; and WHEREAS, the Village Presideni,and Board of Trustees deem it in the best interest of the Village of Oak Brook=that the property described herein be rezoned to B-2 Regional Shopping Center District; WHEREAS, the Village President and 'Board of Trustees Beam the rezoning of the subject property to be appropriate based upon the following findings: (a) That the character of the area to the north, south and west of the i subject property is uniformly non-residential., thus rendering residential =lassification of the subject property to be inappropriate;. (b) That the existing-R-4 zoning classification of the subject property diotiuishes its property value inconsistent with the character of development in the trea; (c) That continued classification of the property as R-4, Single Family Residential, would not promote the health, safety, morals or general welfare of the public; (d) That the subject property is suitable for the proposed development for hotel, office and associated retail uses in light of i:.s proximity to the Oakbrook Center to the south, commercial and retail development to the west and commercial development to the north; (e) That the development of the subject property should not have an adverse effect upon residential property to the east in light of the screening and landscape barriers required to be constructed in cocjuncti.on with the subdivision and development of the subject property. NOW, THEREFORE, BE IT ORDAINED By THE PRESIDENT AND BOARD OF TRUSTEES OF TIIE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES,ILLINOIS, as folIaws: Section l: That tho provisions of the preamble hereinabove set forth i are hereby adopted as though fully sat forth herein. section 2: That the hereinafter described be and are hereby rezoned from R-4 Single_F8m.1l.y Detached Residence District to B-2 Regional Shopping c,!l1cer District: Lr,ty 5 through 20 In Block l and Logs 1 through 30 in Black 2 of TrAll Development Company's Elmhurst countryeidp, Unit Number 2 according to p],nt, thereof recorded on September 12, 1945, as Document No. 483701 being a port: of t)1a Northwest Quarter of Section 23, Township 39 North, Range 11 Enst of the Third Principal Meridian in Dupage County, Illinois (excluding that portion thereof cwned by thu State of Illinois). Mimi — - VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING July 12, 1988 CALL MEETING TO ORDER The Regular Meeting of the Board of Trustees .a6 called to oruer by President Cerne in the Samuel E. Dean Board Room-sC the Village Commons at 7:30 P.M. I. ROLL CALL: PRESENT: President Wence F. Cerne Trusteee Garry J. Bartecki Karen M. Bushy Walter C. Imrie Ronald P. Maher Joseph H. Rush H. Richard Winters ABSENT: None PLEDGE TO THE FLAG II. APPROVAL OF MINUTES: Trustee Imrie moved, seconded by Trustee Rush... That the Minutes of the Public Hearing of June 28, 1988 be approved as presented and waive reading of same. VOICE VOTE: All present, in favor. So ordered. -. Trustee Imrie moved, seconed by Trustee Bartecki... That the Minutes of the Regular Meeting of June 28, 1988 be approved as presented and waive reading of same. VOICE VOTE: All present, in favor. So ordered. III. ORDINANCES AND RESOLUTIONS: A ORDINANCE NO. S-646 AN ORDINANCE REZONING CERTAIN PARCELS TO THE B-2 REGIONAL SHOPPING CENTER DISTRICT kl6th Street and Castle Drive): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Bushy... To pass Ordinance No. 5-646 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. B. ORDINANCE NO. G-414 AN ORDINANCE AMENDING SECTION VIII(D) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK ORDINANCE G-60 AS AMENDED RELATING TO YARD AND FLOOR AREA RQUIREMENTS IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT: Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Rush... To pass Ordinance No. G-414 as presented and waive the full reading of thereof. VILLAGE OF OAK BROOK Minutes -1- July 12, 1988 • r i VILLAGE OF OAK BROOK Minutes -2- July 12, 1988 ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. CC. ORDINANCE NO. 5-647 AN ORDINANCE REGARDING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK ORDINANCE G-60, AS AMENDED RELATIVE TO ENTRANCE DRIVE WIDTH AND PARKING REQUIREMENTS IN B-2 DISTRICT kl6th Street d Castle Drive): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. sr Trustee Winters moved, seconded by Trustee Bushy... To pass Ordinance No. B-647 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. D. ORDINANCE NO. 5-648 AN ORDINANCE VACATING 15TH STREET, ERNIE PYLE DRIVE AND ROSE COURT IN THE VILLAGE OF OAK BROOK, ILLINOIS: Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Maher... To. pass Ordinance No. 5-648 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. E. RESOLUTION NO. R-456 A RESOLUTION APPROVING A PLAT OF ABROGATION AND PLAT OF RESUBDIVISION KNOWN AS BUCK-ERNIE PYLE RESUBDIVISION tl6th Street and Castle Drive): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Bartecki... To pass Resolution No. R-456 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. F. ORDINANCE NO. 5-643 AN ORDINANCE AMENDING ORDINANCE 5-455 CONCERNING A FLOOD PLAIN SSPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF A PARKING AREA AND OTHER LAND IMPROVEMENTS IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK ILLINOIS tUrban Investment 8 Development Company - UIDC - Oakbrook Center): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Rush... VILLAGE OF OAK BROOK Minutes -2- July 12, 1988 VILLAGE OF OAK BROOK Minutes -2- July 12, 1988 ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. C. ORDINANCE NO. S-647 AN ORDINANCE REGARDING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60 AS AMENDED RELATIVE TO ENTRANCE DRIVE WIDTH AND PARKING REQUIREMENTS IN B-2 DISTRICT 16th Street d Castle Drive): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. h► Trustee Winters moved, seconded by Trustee Bushy... To pass Ordinance No. S-647 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. D. ORDINANCE NO. S-648 AN ORDINANCE VACATING 15TH STREET, ERNIE PYLE DRIVE AND ROSE COURT IN THE VILLAGE OF OAK BROOK, ILLINOIS: Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Maher... To. pass Ordinance No. S-648 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. ��E., RESOLUTION NO. R-456 A RESOLUTION APPROVING A PLAT OF ABROGATION AND ' PLAT OF RESUBDIVISION KNOWN AS BUCK-ERNIE PYLE RESUBDIVISION 16th Street and Castle Drive): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Bartecki... To pass Resolution No. R-456 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. F. ORDINANCE NO. S-643 AN ORDINANCE AMENDING ORDINANCE S-455 CONCERNING A FLOOD PLAIN SPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF A PARKING AREA AND OTHER LAND IMPROVEMENTS IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK ILLINOIS Urban Investment 8 Development Company - UIDC - Oakbrook Center): Fully discussed and direction given at the Committee-of-the-Whole Meeting of July 11, 1988. Trustee Winters moved, seconded by Trustee Rush... VILLAGE OF OAK BROOK Minutes -2- July 12, 1988 I ORDINANCE NO. S-6 4 7 AN ORDINANCE REGARDING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK ORDINANCE G-60 AS AMENDED, RELATIVE TO ENTRANCE DRIVE WIDTH AND PARKING REQUIREMENTS IN B-2 DISTRICT (16th Street & Castle Drive) ++ WHEREAS, on October 23, 1987, The John Buck Company filed an application with the Village Clerk of the Village of Oak Brook requesting, among other things, that, with regard to certain property in the area of 16th Street and Castle Drive, a variation be granted from the provisions of Section XI(E)(4)(a) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as amended, to permit an entrance driveway up to 80 feet in width as measured at the lot line adjoining 16th Street and said application was amended on December 9, 1987, to request the granting, with regard to said property, of a variation from the provisions of Section XI(E)12 of said Ordinance G-60, as amended, to permit the determination of the required minimum number of parking spaces for developments on the Ernie Pyle property by the provisions of Section XI(E)(12) excluding the provisiuns of subsection (e) thereof, rather than by the provisions of subsection (e) as is normally required for B-2 Regional Shopping Center Districts; and WHEREAS, pursuant to the statutory legal notice, the Zoning Board of Appeals at its c:eeting of January 5, 1988, unanimously recommended to the Village Board that both of the requested variations be granted and made certain findings of fact in support thereof as set forth in the Chairman of the Zoning Board's letter to the President and Board of Trustees dated January 8, 1988, which the Village Board hereby concurs with; and WHEREAS, the President and Board of Trustees deem it in the best interest of the Village of Oak Brook that the two variations be granted with regard to the below described property. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROCK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 3: That the following variations from the provisions of the 7.onirg Ordinance of the Village of Oak Brook, Ordinance G-60, as amended, are hereby granted: (a) A variation from the provisions of Section XI(E)(4)(a) to permit a single entrance driveway from 16th Street up to 80 feet in width as measured at the lot line adjoining 16th Street provided that it be aligned with the existing entrance driveway to the Oakbrook Center now located on the south side of 16th Street. (b) A variation from the provisions of Section XI(E)(12) to permit the determination of the required minimum number of parking spaces for developments on the Ernie Pyle property by the provisions of Section XI(E)(12) excluding the provisions of subsection (e) thereof, rather than by the provisions of subsection (e) as is normally required for B-2 Regional Shopping Center Districts. Ordinance S-647 An Ordinance Regarding Variations From the Provisions of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, As Amended, Relative to Entrance Drive Width and Parking Requirements in B-2 District (16th Street and Castle Drive) Page Two �.r Section 3: That this Ordinance is limited and restricted to the property legally described as follows: Lots 5 through 20 in Block 1, Lots 1 through 30 in Block 2, of Town 1 Development Company's Elmhurst Countryside Unit Number 2 situated in part of the Northwest Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, Illinois. Permanent Parcel Nos.: 06-23-102-004 through 06-23-102-019; 06-23-103-002 through 06-23-103-007; 06-23-103-009 through 06-23-103-012; 06-23-103-015 through 06-23-103-032; 06-23-103-034 and 06-23-103-036. Section 4: That this Ordinance is subject to the conditions that the John Buck Company or its nominee take title to the property North of 16th Street, East of Illinois Route 83 and West of the Oak Brook Club Subdivision, (also known as the Buck/Ernie Pyle Resubdivision) on or before December 31, _. 1988 and provide the Village with written proof thereof and that the record owners of the Buck-Ernie Pyle Resubdivision execute and deliver to the Village a covenant in form and substance acceptable to the Village as approved by the Village Attorney agreeing to the conditions set forth in Resolution R- 456 of the Village of Oak Brook. PASSED this 12th day of .July , 1988. Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush and Winters Nayes: None Absent: None APPROVED this 12t}$ay of July / 958. Vi ge President ATTEST; L Village Clerk Approved as to Form: Vil age Attorney Published Date Paper Not Published XX buck-var ORDINANCE NO. 5-046 AN ORDINANCE REZONING CERTAIN PARCELS TO THE B-2 REGIONAL SHOPPING CENTER DISTRICT (16th Street and Castle Drive) WHEREAS, on October 23, 1987, The John Buck Company as contract purchaser filed an application requesting that certain property in the area of 16th Street and Castle Drive in the Village of Oak Brook, Illinois, pres:ntly zoned R-4 be rezoned to B-2 Regional Shopping Center District ; and JW WHEREAS, at its meeting of December 14, 1987, the Plan Commission unanimously recommended to the Village Board that the requested rezoning be granted; and \ WHEREAS, the Zoning Board of Appeals, at its meeting of January 5, 1988, unanimously recommended to the Village Board that the requested rezoning be granted and made certain findings of fact in support thereof as set forth in the Chairman of the Zoning Board's letter to the President and Board of Trustees dated January 8, 1988, all pursuant to due and appropriate legal notice; and WHEREAS, the Village President and Board of Trustees deem it in the best interest of the Village of Oak Brook that the property described herein be rezoned to B-2 Regional Shopping Center District; WHEREAS, the Village President and Board of Trustees deem the rezoning of the subject property to be appropriate based upon the following findings: (a) That the character of the area to the north, south and west of the subject property is uniformly non-residential, thus rendering residential classification of the subject property to be inappropriate; (b) That the existing R-4 zoning classification of the subject property diao.innishes its property value inconsistent with the character of development in the area; (c) That continued classification of the property as R-4, Single Fai„ily Residential, would not promote the health, safety, morals or general welfare of the public; (d) That the subject property is suitable for the proposed development for hotel, office and associated retail uses in light of ."Its proximity to the Oakbrook Center to the south, commercial and retail development to the west and commercial development to the north; (e) That the development of the subject property should not have an adverse effect upon residential property to the east in light of the screening and landscape barriers required to be constructed in conjunction with the subdivision and development of the subject property. 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 ollows:Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That the hereinafter described be and are hereby rezoned from R-4 Single-Family Detached Residence District to B-2 Regional Shopping Cancel District: Lot:•. 5 through 20 in Block 1 and Lots 1 through 30 in Block 2 of Town Development Company's Elmhurst Countryside Unit Number 2 according to plat thereof recorded on September 12, 1945, as Document No. 483701 being a part of the Northwest quarter of Section 23, Township 39 .forth, Range 11 East of the Third Principal Meridian in DuPage County, Illinois (excluding that portion thereof cwned by the State of Illinois). a , Ordinance No. S-646 An Ordinance Rezoning Certain Parcels To The B-2 Zoning District (16th Street and Castle Drive) Page Two The proposed rezoning, in addition to the property described above, includes all of 15th Street, Ernie Pyle Drive, Rose Court and the north one-half of that part of 16th Street adjacent to the parcels and streets described above. Permanent Parcel Nos. 06-23-102-004 through 06-23-102-019; 06-23-103-002 through 06-23-103-007; 06-23-103-009 through 06-23-103-012; 06-23-103-015 through 06-23-103-032; 06-23-103-034 and 06-23-103-036. Section 3: No construction of any structure or development of the property referred to in Section 2 of this Ordinance may commence (except for demolition of existing single-family structures and accessory buildings) until a Site Plan for development of the subject property consistent with the representations made by the applicant before the Zoning Board of Appeals and Village Board in the hearings on this application is submitted to the Village and approved by the Village Board, which approval shall not be unreasonably withheld. Section 4: That the Village Clerk is hereby directed to amend the "Official Map of Zoning Districts of the Village of Oak Brook" in accordance with the provisions of Section 2 of this Ordinance. Section 5: That all Ordinances.of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict and only as they apply to the specific properties hereinabove described. Section 6: That this Ordinance shall be in full force and effect upon receipt by the Village Clerk of written proof satisfactory to the Village Attorney that title to all of the above described property has been recorded in the name of The John Buck Company or its nominee, Village of Oak Brook approval of the necessary covenants required pursuant to the provisions of Resolution R-456 of the Village of Oak Brook, and upon passage and approval as provided by law; provided, however, that if such proof has not been so filed on or before December 31, 1988, this Ordinance shall be of no force or effect. PASSED this 12th day of July , 1988. Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush and Winters Nays: None Absent: None APPROVED this 12th day of July ,ifs 1,988- ,/ village resident ATTEST: _ la�g/e Clerk tl!C,� Approved Vto Form: Vill ge Atto ney Published Date Paper Not Published XX buck PETITION FOR ANNEXATION TO THE VILLAGE OF OAK. BROOK, ILLINOIS STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE ) TO: The President and Trustees of the Village of Oak Brook, Illinois The undersigned petitioner ("Petitioner") , being first duly sworn on oath, hereby respectfully represents, and hereby petitions, subject to the conditions contained herein as follows : 1. Petitioner is the owner of record of the land which is legally described below ("Parcel") which parcel is contiguous to the Village of Oak Brook, Illinois ("Village") , and is not included within the corporate limits of any municipality: Lot 2, Block 1, in Town Development Company' s Elmhurst Countryside Unit 3 in the Southeast quarter of Section 22 , Township 39 North, Range 11 East of the Third Principal Meridian (Permanent Index Number 06-22-409-002) ; 2 . No electors currently reside on the Parcel; 3. Petitioner requests that the Parcel be annexed to and become a part of the Village; 4 . Filed contemporaneously herewith is an accurate map of the Parcel certified by a registered Illinois land surveyor. NOW, THEREFORE, Petitioner respectfully requests that the Parcel be annexed to the Village. Dated: Respectfully submitted: VALARIE M. WOJCIAK, Trustee, pursuant to Trust Agreement #1603-4 dated January 17, 1983, and recorded on February 22 , 1983, as Document No. R83-09565 AN 12 Valarie M. Wojciak z Mailing Address: 125 Acacia Circle Indian Head Park, IL 60525 Telephone Number: (312) 246-4748 .s► p t� Subscribed and sworn to before me this / day of 1981-) Notary Public 70=FFICIALSEAL SEAL "LARD OF ILLINOISRES 10/10/90 -2- u Ordinance NO. 8-646 An Ordinance Rezoning Certain Parcels To The B-2 Zoning District (16th Street and Castle Drive) Page Two The proposRd rezoning, in addition to the property described above, includes all of 15th Street, Ernie Pyle Drive, Rose Court and the north one-half of that part of 16th Street adjacent to the parcels and streets described above. Permanent Parcel Nos. 06-23-102-004 through 06-23-102-019; 06-23-103-002 through 06-23-103-007; 06-23-103-009 through 06-23-103-012; 06-23-103-015 through 06-23-103-032; 06-23-103-034 and 06-23-103-036. Section 3: No construction of any structure or development of the property referred to in Section 2 of this Ordinance may cosine (except for demolition of existing single-family structures and accessory buildings) until a Site Plan for development of the subject property consistent with,the representations made by the applicant before the Zoning Board of Appeals and Village Board in the hearings on this application is submitted to the Village and approved by the Village Board, which approval shall not be unreasonably withheld. Section 4: That the. Village Clerk is hereby directed.to amend the "Official Map of.Zoning Districts of the Village of oak Brook" -in accordance with the provisions of. Section 2 of this Ordinance. Section 5: That all Ordinances of.the Village of Oak Brock which. are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict and only as they apply to ths'sPoCi fic properties hereinabove described. Section 6: That this Ordinance shall be in full -force and affect upon receipt by the Village Clerk of: written proof satisfactory to the Village Attorney.that title to all of the above-described property has been recorded in the name of The John Burk Company or its nominee, Allage of Oak Brook approval of the necessary covenants,.rOquired pursuant to,the,pravisions of Resolution R-456 of the V,illage`:ot Oak Brook, and upon passage and approval as provided by law; provided, however, that if.'such proof has. not been so filed on or before December 31, 1988, this Ordinance shall`be of no force or effect. PASS$D this 12th day of July 1988. Ayes: TrustQes Bhrtecki Bushy_Ymrie Maher, Rush a�►a°Nintera Nays: None Absent: None APPROVED this 12th day of Jul 9 vi a e es nt ATTEST: CIO V' Mtge CIO k Approved o Form: V i ll go At .o ney Published Not Published „ buck