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S-879 - 06/10/1997 - ORDINANCE - Ordinances ORDINANCE 97-SD-IP-E2-S-879 AN ORDINANCE APPROVING AN AMENDMENT TO IMPROVEMENT PLAN FOR PHASE 2 IN ACCORDANCE WITH THE PROVISIONS OF SECTION X(D) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAR 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, pursuant to the provisions of Section X(D) of the Zoning Ordinance of the Village of Oak Brook, the corporate authorities approved Development Plans and Amendments to said Plan by passage of Ordinance S-409, S-564, S-689, and 95-SD-DP-EX3-S-819, respectively, for development of the subject property described in Section 3 below; and WHEREAS, pursuant to the request of the owner of the subject property, McDonald's Corporation, the Village has previously approved Improvements Plans for Phases 1A, 1B and 2 of the subject property by means of Ordinance S-477, S-566, S-690 and 93-SD-IP-E2-S-761; and WHEREAS, the owner of the subject property, McDonald's Corporation, has petitioned the Village to further amend the Improvement Plans for said subject property for the purpose of constructing and operating a heliport; and WHEREAS, the Plan Commission of the Village has recommended its approval of said petition as consistent with the Zoning Ordinance and Subdivision Regulations of the Village, and, as further consistent with the Development Plan as amended and approved for the subject property; and WHEREAS, the corporate authorities have reviewed said petition to amend the Improvement Plan and concur with the recommendation of the Plan Commission for approval of amendment subject to the provisions of this ordinance; WHEREAS, the Plan Commission, the Zoning Board of Appeals and the corporate authorities have duly considered the owner's petition for special use approval for the proposed heliport, and the corporate authorities have granted such approval by 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 Amended Improvement Plan to be hereinafter referred Ordinance 97-SD-IP-E2-S-879 Amendment to Improvement Plan G.H.Q. Property Page 2 to for the sake of convenience referenced only as "McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan" prepared by Antunovich Associates, 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 Amended Improvement Plan as listed in and as further detailed in the drawings listed in the attached Exhibit "A" are hereby incorporated by reference herein as though fully set forth herein. In the event of any conflict between any of said provisions of said Amended Improvement Plan or the drawings listed in Exhibit "A" hereto and this ordinance, the provisions of this ordinance herein set forth shall control and supersede any such inconsistent provisions. Section 3: That the approval of the Amended 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 of the Third Principal Meridian, according to the plat thereof recorded August 6, 1980 as Document RSO-44966 in DuPage County, IL. Permanent Parcel Nos. 06-26-401-008, 06-26-401-009 and 06-26-401-010; and 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 XI(A) of the Subdivision Regulations of the Village in connection with the approval of any subsequent phase or subphase improvement plan, other development, or resubdivision of the property described in Section 3. Section _5: That the "Improvement Agreement (for) McDonald's Corporation Office Campus - Amended Phase 2", a copy of which is attached hereto as Exhibit "B", be and the same is hereby approved and is hereby made a part of this ordinance. By such approval, the Village President and Village Clerk are hereby authorized and directed to execute said Improvement Plan Agreement. Section 6: That the approval of the McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan granted in Section 2 hereof be and is hereby expressly subject to the following conditions and stipulations: A. That approval granted for the construction of the proposed heliport will automatically expire on November 1, 1998, unless construction of said heliport is substantially completed by said date; B. That the period provided for the purpose of performing any McDonald's construction obligations, including without limitation any construction obligations under the terms of either Article VI-A or the Village's Subdivision Regulations or under the terms of any Improvement Agreement, is extended to and including November 1, 1998. Ordinance 97-SD-IP-E2-S-879 Amendment to Improvement Plan G.H.Q. Property Page 3 C. That any improvements comprising McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan be constructed in substantial conformance with the plans and specifications set forth in Exhibit "A". Said plans and specifications are hereby approved. D. That previously approved development and improvement plans applicable to the property described in Section 3 (including the underlying submissions and documentation approved in connection therewith) will remain in effect except to the extent the same are inconsistent with the approvals conferred by this ordinance. Section 7: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. Section 8: The Village Clerk is hereby authorized and directed to certify the approval of the McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan by the Village Board upon the filing by McDonald's Corporation of a duly executed "Improvement Agreement McDonald's Corporation Office Campus Amended Phase 2" in the form attached hereto as Exhibit B. PASSED THIS 10th day of June, 1997. Ayes: Trustees Bartecki, Caleel, McInerney, Savino and Shumate Nays: None Absent: Trustee Kenny Abstain: None APPROVED THIS 10th day of June, 1997. Village President ATTEST - e(y Villag '-Xerk rA�poed as to Form: Village Attorney Ordinance 97-SD-IP-E2-5-879 Amendment to Improvement Plan G.H.Q. Property Page 4 Published Date Paper Not Published XX Applicant: McDonald's Plaza Address: Oak Brook, IL 60521 PINs 06-26-401-008, 06-26-401-009 06-26-401-010 EXHIBIT A SHEET NO. DRAWING DESCRIPTION DATE LAST REVISED HP-6 Phase 2 Improvement Plan 4/21/97 HP-7 Phase 2 Improvement Plan with 4/21/97 Development Bubbles HP-8 Site Aerial Photograph with 4/14/97 Heliport Approach Paths HP-9 Site Plan and Detail of Heliport 4/21/97 EXHIBIT B IMPROVEMENT AGREEMENT MCDONALD'S CORPORATION OFFICE CAMPUS AMENDED PHASE 2 THIS AGREEMENT, made and entered into as of the 10th day of June, 1997, by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its office at 1200 Oak Brook Road, Oak Brook, IL 60521, (hereinafter called "Village") , and McDONALD'S CORPORATION,. a Delaware corporation having its principal office at Oak Brook, IL 60521 (hereinafter called "McDonald's") . W I T N E S S E T H WHEREAS, in compliance with the Village's Subdivision Regulations and pursuant to the Development Plan and Plat approved by the Village's ordinance No. S-409, as amended by Ordinance Nos. S-564, S-689 and 95-SD-DP-EX3-S-819, McDonald's has submitted to the Village and the Village has approved an Improvement Plan entitled "McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan" consisting of the materials listed on the schedule designated as Exhibit I attached thereto (hereinafter called the "Amended Phase 2 Improvement Plan") respecting the "Property" legally described on Exhibit II; and WHEREAS, the Village's approval of said McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan requires the execution and delivery of this Agreement; NOW, THEREFORE, it is mutually agreed as follows: 1. McDonald's acknowledges that Village's execution of this Agreement and Village's approval of said Amended Phase 2 Improvement Plan are without prejudice to Village's rights to require additional public improvements, as defined in Section 2(J) of Article VI-A of the Village's Subdivision Regulations, as amended from time to time, in connection with approval of any subsequent phase or subphase improvement plan, other development or resubdivision of the property. 2. No public improvements are required to be constructed or installed in connection with the work described on Exhibit I, with the result that no bonds or evidence of insurance need be posted by McDonald's with the Village respecting such work. However, McDonald's will pay the Village's customary plan review and inspection fees in a timely manner. 3. Notwithstanding anything contained herein to the contrary, previously approved development and improvement plans applicable to the property shall remain in effect except to the extent the same are inconsistent with this Agreement. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed - 1 - by its President and attested by its Clerk and McDonald's has executed this Agreement, all as of the date first above written. VILLAGE OF OAK BROOK, an Illinois municipal corporation By: President ATTEST: ' ;� �i 'iage�C2erk� .c!. MCDONALD'S CORPORATION, a Delaware corporation Vice President ATTEST: Assista.fit Secretary 2 - 06-ob-199 7 1 ti:1A'1 P. 10/2D XMINIT I SHICZT NO. DRAWINC DISCRIPTION DATE LAST REVISED NP-6 Phase 2 Improvement Plan 4/21/97 HP-7 Phase 2 Improvement Plan with 4/21/97 Development Bubble* HP-8 vita Aerial Photograph with 4/14/97 Heliport Approach Paths HP-9 Site Plan and Detail of Naliport 4/21/97 ` 3 06-85-1997 16:01 P.11/22 E�36IS' ZI LZCAI, DESCRIPTION OF THE PROPERTY Lot 1 in Sutler G.H.Q. Subdivision, being a subdivision Of part of Section 26, Township 39 North, Range 11 Bast of the Third Principal Meridian, according to the plat thereof recorded August 6, 2980 an Document RSO-44966 in DuPage County, IL. Permanent Parcel Nos. 06-26-401-008, 06-26-401-009 and 06-26-401-010. 4 - \OAK BROOK SPORTS CORE g 1,� �ROPOSED HELIPORT – `T ana '�'� --••yy BUTLER NATIONAL e re --� GOLF COURSE Owl- / /i I ( � rxPCOnmaxis �'>•'.� ry I, ev • �� "� � ����/ ��� � � �j � PM�xO J0.9 I 1 OAK BROOK `• i I PILLAGE COMMON 7- �i _ ,:. '• "r 111 .. 1 . ,._. _� ® �•,. 0 mnw.axvooNCPfi*EP.n n.ia«E eni« ........... 9 oormnwNa�fiw�axivmerAErE PP2xi �° y�pP,TN •x a KVNT2� . A--AfsO�uTPS m "se 2 IMPNOVEMENT PLAN ndrtx\ PHPSE 2 IMPR�VfiMENT PLAN HP-6 OAK BROOK,SPORTS CORE SALT - \ - BUTLER NATIONALS we,R 1 GOLF COURSE O \ Y I VwTMTM 01RelE9° LO,IMPROIaMATELY9.TOTAL . 1,1 }I ,}•�\�� /� awacurs larorw IY t J � / \ -��. � �I� ;I �{, '• I © .awl ;s/c °�F OAK BROOK ® °nv ns Mx rrmrvw+rE !s VILLAGE COMMON _�',u,� � NR°TIKa AL �:; ,� I� ,\I r•:-� � ,, — � ns. �.. s°4 l .._ 'o. :"�./ v \• _ McDonWft Corporation T ` '" • � �, Office Campus LOMAN M.a..°�.mLwEaA I..0.:::......... lExtgi tl%0.r tLY1CBE1£PAD .. —ORE eFI°IIMA.M—..a..... (� aoronioxEwswar%u �EPws: wuiwel.LACn a AeaoaA N.I ANoa4wmTgs FLACK A rtURTx AN—NOVICH t. PHASE 2 IMPROVEMENT PLAN Nan,w� I .PNAS NT PLAN WITH DEVELO PMENT BOBBLES HP-7 rA e y w' Woo, W5 horporaHw, Campus ". SOUTH OFFICE CAMPUS lITG AERIAL HOTOORAPH WITH ! PORT APPROACH PATH! -» l Hl Lw u„rt I � 1 r / yxEry tlFraRB Gee LEGEND RNIT OF PROP 100-YR I FLOOD P AIN,EL.655.5 t - IS mcri c smwry Ot ENLARGED HELIPORT PLAN ��� I'd rtv�WRe.6mNCPeIE � — ;�w� .. ,% C � PROPOSED HELIPO T I u — n•+gpz•.Pd�a.+r � I /JoRNEwPO I � -._ ,.,,.. i(Il III 1= 1= �e � I III__ �I GHae�co�Pean T�III = J11al�lu•!e saL -.-, .a...x.. O3 DETAIL @ COANEA MARKER OZ DETAIL @ HELIPAD ? °cam ceLq I is .> •i. v.e w,eu P�A'vN PER RRI.I I •° r 1, 8 8 McDonald's Corporation Campus yC° : SITE PLAN I< N3 ��33 6T. P i••�y*' — ^-j tlMg — DETAILS OFF NELI,PORT Sd�r. •i��. 4 4 * .y.. t.e ' a a. ii HP-9 x }