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S-749 - 03/10/1993 - REPEAL - Ordinances ORDINANCE s- 749 PAMPHLET FRONT OF PAMPHLET AN ORDINANCE REPEALING ORDINANCE NOS. S-494, S-499, S-515, S-536 AND S-596 (FAILED REDEVELOPMENT OF THE ST. JOSEPH SEMINARY `., IN THE WHITEHALL PARK SUBDIVISION) PUBLISHED IN PAMPHLET FORM THIS 10th DAY OF March , 1993. BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS. r _y Vill e Clerk l �a ORDINANCE s- 749 AN ORDINANCE REPEALING ORDINANCE NOS. S-494, S-499, S-515, S-536 AND S-596 (FAILED REDEVELOPMENT OF THE ST. JOSEPH SEMINARY IN THE WHITEHALL PARK SUBDIVISION) WHEREAS, the President and Board of Trustees has referred to the Plan Commission and Zoning Board of Appeals a request for the repeal of Ordinance S-494 (Special Use - Whitehall Park) and certain other ordinances pertaining to the redevelopment of the St. Joseph Seminary; and WHEREAS, the Plan Commission of the said Village of Oak Brook on January 14, 1993, recommended the repeal of said special use granted in Ordinance S-494 which permitted a residential development of the structure known as St. Joseph Seminary, subject to certain conditions and restrictions; and WHEREAS, the Zoning Board of Appeals of said Village on February 2, 1993, recommended the repeal of the special use granted in Ordinance S-494 which permitted a residential development of the structure known as St. Joseph Seminary, subject to certain conditions and restrictions; 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 this Board of Trustees finds: 1) That on August 24, 1982, the President and Board of Trustees passed Ordinance S-494 entitled, "An Ordinance Approving a Special Use for Residential Development of Existing Building of Historical, Architectural and Cultural Significance", a copy of which is attached hereto as Exhibit A. a) That among the findings in Ordinance S-494 is: That the St. Joseph Seminary building is suitable for preservation and conversion into residential dwellings, specifically 53 single-family attached townhouses. b) That Ordinance S-494 grants a special use pursuant to Section VII(E) (2) (b) of the Zoning Ordinance for development of the St. Joseph Seminary building into 53 single-family attached townhomes (St. Joseph Seminary Townhome Project) , subject to certain conditions and restrictions. c) That said special use was granted only for the property located on the north side of 35th Street approximately 660 feet east of Midwest Road which is legally described as: Lot 23 in Whitehall Park, a subdivision of Ordinance S- 749 Repealing S-494, 5-499, 5-515, 5-536 and 5-596 St. Joseph Seminary Whitehall Park Subdivision Page 2 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, according to the plat thereof recorded May 30, 1984, as Document No. R84-40190, in DuPage County, Illinois, hereinafter sometimes referred to as the "Subject Property". 2) That although the zoning applicant for Ordinance 5-494, who was also the owner/developer of the St. Joseph Seminary Townhome Project at the time Ordinance 5-494 was passed, commenced construction of the townhomes, the project became financially distressed and was ultimately abandoned with no townhomes completed. The Subject Property and the surrounding property known as the Whitehall Park Subdivision (except Lot 1) was foreclosed on in the late 1980's and ultimately, the Federal Deposit Insurance Corporation and the Resolution Trust Corporation took control of the Whitehall Park Subdivision (including the Subject Property, but not including Lot 1 of said subdivision) . 3) That the testimony and evidence before the Plan Commission, Zoning �... Board of Appeals and this Village Board indicate that the St. Joseph Seminary building has substantially deteriorated since development ceased in the mid 19801s. The evidence indicated that the building has been unprotected from the elements at numerous locations and has attracted trespassers and vandals, in spite of security measures by the new owners. 4) That the St. Joseph Seminary building is no longer suitable for preservation and/or conversion into residential dwellings. 5) That the contract purchasers of the Subject Property (and the Whitehall Park Subdivision, except Lot 1) have proposed the demolition of the St. Joseph Seminary building and other structures on the Subject Property, and the sale of lots for development of single-family homes on the Subject Property and the other lots in the Whitehall Park Subdivision (except Lot 1) consistent with the underlying zoning, .R-3. 6) That the contract purchasers of the Subject Property have requested that the following ordinances be repealed: a) Ordinance S-494 entitled, "An ordinance Approving a Special Use for Resident Development of Existing Building of Historical, Architectural and Cultural Significance"; b) Ordinance 5-499 entitled, "An Ordinance Approving the Final Preservation Plan for the Residential Development of the Ordinance S- 749 Repealing S-494, S-499, S-515, S-536 and S-596 St. Joseph Seminary Whitehall Park Subdivision Page 3 St. Joseph Seminary"; c) Ordinance S-515 entitled, "An Ordinance Amending Ordinance S-499, An Ordinance Approving the Final Preservation Plan for the Residential Development of the St. Joseph Seminary"; d) Ordinance S-536 entitled, "An Ordinance Granting a Variation from the Provisions of Section VII(C) (1) (g) (6) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to a Temporary Sales Office (Whitehall Park) ; and e) Ordinance S-596 entitled, "An Ordinance Amending an Ordinance Granting a Variation from the Provisions of Section VII(C) (1) (g) (6) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to a Temporary Sales Office (Whitehall Park) . Copies of said ordinances listed above as b) through e) are attached hereto as Exhibits B through E, respectively. 7) That the contract purchasers and the owner of Lot 1 of the Whitehall Park Subdivision have entered into an agreement in settlement of certain disputes, disagreements and other matters regarding the �... demolition of the St. Joseph Seminary, the replatting of certain lots in the Whitehall Park Subdivision, the proposed sale of certain lots in the Whitehall Park Subdivision and other matters. A copy of the Agreement between the owner of Lot 1 and the contract purchasers is attached as Exhibit F. 8) That the contract purchasers and the homeowners association for Trinity Lakes have entered into an Agreement regarding demolition of the St. Joseph Seminary building, repair of the dam structure located in the grotto in Mayslake, and other matters. A copy of this Agreement is attached hereto as Exhibit G. 9) That it is in the best interest of the Village of Oak Brook that the ordinances listed in Section 6 above be repealed subject to the conditions and restrictions set forth below. Section 2: That the following ordinances: a) Ordinance S-494 entitled, "An Ordinance Approving a Special Use for Resident Development of Existing Building of Historical, Architectural and Cultural Significance"; b) Ordinance S-499 entitled, "An Ordinance Approving the Final Preservation Plan for the Residential Development of the St. Joseph Seminary"; I Ordinance S- 749 Repealing S-494, S-499, S-515, S-536 and S-596 St. Joseph Seminary Whitehall Park Subdivision Page 4 c) Ordinance S-515 entitled, "An Ordinance Amending Ordinance S-499, An Ordinance Approving the Final Preservation Plan for the Residential Development of the St. Joseph Seminary"; d) Ordinance S-536 entitled, "An Ordinance Granting a Variation from the Provisions of Section VII(C) (1) (g) (6) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to a Temporary Sales Office (Whitehall Park) ; and e) Ordinance S-596 entitled, "An Ordinance Amending an Ordinance Granting a Variation from the Provisions of Section VII(C) (1) (g) (6) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to a Temporary Sales Office (Whitehall Park) be and are hereby repealed, subject to the following conditions and restrictions: 1) That the St. Joseph Seminary building and other structures located on Lot 23 in the Whitehall Park Subdivision be demolished in substantial conformity with the Demolition Plan prepared by Bollinger, Lach & Associates, Inc. as last revised March 5, 1993 and Specifications as last revised March 5, 1993 and any demolition permit issued by the Village of Oak Brook. 2) That said demolition commence on or before April 15, 1993 and be completed by December 6, 1993, except for seeding. 3) That an irrevocable letter of credit in the amount of 150% of the demolition cost (including grading and seeding) be issued by a financial institution with capital (common and preferred stock, surplus and retained earnings) of not less than $100,000,000 and acceptable to the Village to insure compliance with the Demolition Plan and Specifications and the timely completion of the demolition; said letter of credit shall be in a form acceptable to the Village, but shall provide for periodic reductions, provided that at no time shall the letter of credit be in an amount less than 150% of the remaining work. 4) That the developer, Covington Court, Ltd. , an Illinois corporation, its successors and assigns, shall promptly repair all damage done to 35th Street arising out of the demolition work. Within 30 days after demolition has been completed (but not including seeding) , the developer shall overlay two inches (211) of asphalt on 35th Street between the entrance to the Whitehall Park Subdivision and Midwest Road. Alternatively, at the sole discretion of the Village, the developer shall pay the Village of Oak Brook within thirty (30) days �. after demolition has been completed (not including seeding) , Ordinance 5- 749 Repealing 5-494, S-499, 5-515, 5-536 and 5-596 St. Joseph Seminary Whitehall Park Subdivision Page 5 eighteen thousand dollars ($18,000) toward road repairs on 35th Street to be completed by the Village or its contractor on or before December 31, 1997. 5) That no building permits shall be issued for any lot in the existing Whitehall Park Subdivision, or resubdivision of one or more of said lot or lots, unless and until the Oak Brook Village Board has approved an amended (or new) subdivision improvement agreement for the Whitehall Park Subdivision and any letter of credit or other security required therein has been tendered to the Village and the Village approved an amended (or new) Declaration of covenants and Restrictions for said subdivision. 6) That the developer comply with all provisions of the Agreement with the owner of Lot 1 of the Whitehall Park Subdivision (Exhibit F) . 7) That the developer comply with all provisions of the Agreement with Trinity Lakes Homeowners Association (Exhibit G) . 8) That the developer shall pay for Village Engineering and Building Department expenses pertaining to the demolition. Personnel expenses are to be billed at a rate of $35 per hour. The total �-= expense so incurred shall not exceed $5,600. 9) That in the event the developer fails to take title to the Subject Property on or before April 2, 1993, this ordinance shall automatically be null and void. In the event that the developer does take title to the Subject Property on or before April 2, 1993, but fails to commence demolition on or before April 15, 1993, this ordinance shall be null and void. Section 3: That the provisions of this ordinance are without prejudice to the Village's right 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 1 hereof. Section 4: That this ordinance shall be in full force and effect from and after passage, approval and publication pursuant to law. PASSED THIS 9th day of March , 1993. Ayes: Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and Winters Nays: None Absent: None Abstain: None Ordinance S- 749 Repealing S-494, S-499, S-515, S-536 and S-596 St. Joseph Seminary Whitehall Park Subdivision Page 6 APPROVED THIS Y da of 2z, 4,"_ , 1993. Vil age President ATTEST: V 1 Wg e Clerk Approved as to Form: Village Attorney Published 3-10-93 Pamphlet form Date Paper Not Published Covington Court, Ltd. , Applicant: an Illinois corporation Address: 124 Madison Street Oak Park, Illinois 60302 " � l PIN 06-34-201-059 ORDINANCE s- 749 PAMPHLET BACK OF PAMPHLET AN ORDINANCE REPEALING ORDINANCE NOS. S-494, S-499, S-515, S-536 AND S-596 (FAILED REDEVELOPMENT OF THE ST. JOSEPH SEMINARY IN THE WHITEHALL PARK SUBDIVISION) PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS.