R-586 - 06/22/1993 - SUBDIVISION & ZONING - Resolutions SD-AM PL*7 AMNb
V • S4-R- FP AMAZ
$i1c-K-owiE PyLE
RE SLAB
RESOLUTION 93-0-$1-R- 586
5 6 E ALSO: -LO-R
JBC.ER�uit ,
Py�EAssoca�
A RESOLUTION MOWING A RESOLUTION
APPROVING A PLAT OF ABROGATION
AND PLAT OF RESUBDIVISION
ENONA AS BUQC-ERNIE PYLE RESUBDIVISION
16th Street and Castle Drive
WHEREAS, on July 12, 1988, the Board of Trustees of the Village of Oak Brook
passed and approved Resolution R-456 entitled, "A Resolution Approving a Plat of
Abrogation and Plat of Resubdivision Known as Buck-Ernie Pyle Resubdivision", a copy
of which is attached hereto; and
WHEREAS, the owners of Lots 1 and 2 in the Buck-Ernie Pyle Subdivision have
been unable to develop these parcels with hotel, office and their accessory uses as
required in Section 4(f) of Resolution R-456; and
WHEREAS, the owners of Lots 1 and 2 in the Buck-Ernie Pyle Subdivision have
sought rezoning of these lots from B-2, General Retail District, to B-1, Local
Shopping Center District, and have further sought to amend the text of the Zoning
Ordinance to allow additional retail uses on these lots; and
WHEREAS, the Board of Trustees of the Village of Oak Brook have passed and
approved the text and map amendments sought by the owners of Lots 1 and 2 of the
Buck-Ernie Pyle Subdivision upon the favorable recommendation of the Zoning Board of
Appeals and Plan Commission; and
WHEREAS, the owners of Lots 1 and 2 in the Buck-Ernie Pyle Subdivision have
requested that Section 4(f) of Resolution R-456 be amended to allow retail uses
pursuant to the map amendment and further, that certain restrictions pertaining to
the traffic pattern and use of these lots be imposed; and
WHEREAS, the Plan Commission has noted its concurrence with the proposed
revision to Section 4(f) of Resolution R-456.
Now, THEREFORE, BE IT RESOLVED 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 hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That subsection (f) of Section 4 of Resolution R-456 is amended to
read as followa:
$If. The approval hereby granted pursuant to the provisions of this
resolution is hereby made expressly subject to the following terms and
conditions:
i
�I
jj
. R i
® � i
Resolution 93-SD-E1-R-586 I! '
Amending Plat of Abrogation
and Plat of Resubdivision
Buck-Ernie Pyle Resubdivision
Page 2
i. Lots 1 and 2 shall be developed in substantial conformity with a j
site plan to be drawn by Archideas, Inc. and approved by the
Village Board on or before July 31, 1993, the landscape plan drawn
by the Brickman Group, Ltd. and dated May 4, 1993 consisting of
one sheet, and the building elevation plan drawn by Archideas,
Inc. dated June 7, 1993.
ii. Vehicular access across the west lot line of Lot 1 is restricted
to service, employee and emergency vehicles.
i
iii. No building or other structures (other than paved parking areas
and drives) shall be built on the east 150 feet of Lot 2.
iv. The development of Lots 1 and 2 combined shv.11 not exceed an
F.A.R. equal to 0.25 or one-half of the permitted F.A.R.
V. No construction shall be permitted until JBC Ernie Pyle
Associates, or its nominee, has acquired title to Lot 1 for which
it is now a contract purchaser.
Section 3: That all other provisions not amended in this amendatory ordinance
remain in futll force and effect.
Section 4: That the owners of Lots 1 and 2 shall evidence their agreement to
the amendments contained herein by an amendatory covenant in form and substance
acceptable to the Village, as approved by its Village Attorney.
Section 5: That this resolution shall be in full force and effect from and
after passage and approval pursuant to law.
i
PASSED AND APPROVED this 22nd day of June , 1993, by the President
and Board of Trustees of the Village of Oak Brook, DuPage and cook counties,
Illinois, according to a roll call vote as follows:
I
I
Ayes: Trustees Bartecki, Kenny, Skinner and President Bushy
Nays: Truatagg M d ,Shigriate -
Absent: Trustee 'Favovich
Abstain s�,�`�
,;..
,t^ „ �' 4 i lags President
Vi11syH
014 x �»�
RIAOU C" Mo. R- 456
A EXWIM APPROVIMG A PLAT OE NEROATIOII
my n" IIM EM As
BtlCK-ERMIE RESO
PYLE BDIV U M
(16th Street and Castle Drive)
WHEREAS, the Plan CoMisdon of the Village of Oak Brook on December 14,
1987, unanimously recommended opproval of a Plat of Abrogation dated May 7,
1987, as last revised, and the ainal Plat of Resubdivision known as the
Buck-Ernie Pyle Reswbdivision, dated November 11, 1987, as lest revised, all
of which were prepared by Bollinger, Lach t Biancalana, Inc.: and
MBEREAS, the applicant has entered into contracts to purchase all of the
lots contained within said Plat; and
Wdn=AS, the Board of Trustees has adopted Ordinance Mo. s- 648 vacating
all of the following village streets: 15th Street, Rope Court, Ernie Pyle
Drive; and y
MHEREAS, said plats have boon further revised as of July. 2988; and
MHEREAB, the village President and Board of Trustees have considered the
recommendations of the Plan commission and concur therewith, subject to
certain conditions.
"Mo mmmu, B8 IT RE8oLvaD BY Tat PRE nwe AMD Bomw OF TRUSTEES OF
T8E vIIIaGM OP' OAK.BROM, Du PAGE AND com comma, ILLnins, as follows:
8ectiora l: That the provisions of the preamble hareinebove set forth are
_.
hereby adopted as though fully set forth herein.
Sect}�on 2: That the plat of Abrogation prepared by Bollinger, Lach 6
Biancalana, Inc. and dated July 7, 1988, as last revised, be and is hereby Ild
approved.
ti3: That the Final Plat of Resubdivision known as the Buck-Ernie
'I
Pyle Resubdivision prepared by Bollinger, Lach i Biancalana, Inc., and dated 19
(as last revised) July 12, 1488, be and is hereby approved subject to the
conditions set forth in Section 4 of this Resolution.
Section 4: That the approval of said Plat of Rescabdivision as given in
Section 3 hereof be and is hereby expressly subject to the following I!
conditions which shell be applicable to any development of the Buck-Ernia Pyle
Resubdivision: .
a. All requirements for public utility easements shall be dasmad not
by those depicted on the recorded Plat.
b. All requirements with regard to street lighting as set. forth in
the Village Subdivision Regulations are hereby waived.
c'.
so buildings or other structures shell be constructed in the
areas described below in oxcess of the building heights indicated:
(i) Between the oast building setback line of 150 feet and 250
feet west of the west line of the property now part of the
M. Mainiaam development known as the "Oak Brook Club", the
building height limits shall be 3 stories or 42 feet above
natural ground level, whichever is lessor, plus height
alloweace for machanical penthouses, etc., as now set forth '.
in Section V(K) of the Village Zoning Ordinance, Ordinance
Mo. 0-60, as amended. In the area from the west line of
said Oak Brock Club to a point 401 west, no structures shall
be built or maintained.
Asir a (i of 3)
Resolution Mo. R-456
A Resolution Approving a Plat of
Abrogation and Plat of
Resubdivision Rnown as Ruck-Ernie
Pyle Resubdivision 116th St. i
Castle Dr.)
Pale TWO
(ii) Between 250 feet and 450 feet west of the said Oak Brook !.
Club property line, the height limit shall be 6 stories or
So fast above natural 9:ound level, whichever is the lesser,
plus said Section V(x) allowance.
r
(iii) Between 450 feet (test of the said Oak Brook
Club property line, the Nest building setback line of the
Subdivision, the height limit *hall be S stories or
100 feet above natural ground level, whichever is the
lesser" plus the Section V(K) allowance.
9 d. 'The land within 40 feet of the said oak Brook Club property line
shall be beamed and planted in substantial accordance with the Landscape
Buffer Plan prepared by.Ives/Ryan GrOUp, Inc. dated July 7, 1984, as last
revised.
e. The following street improvements shall be completed within the
16th Street right-of-way in accordance with plans to be approved by the
Village Engineer, prior to the issuance of a certificate of occupancy for
any building constructed in the Buck-Irnie Pyle assubdivision or the
Oakbrook Center south of the Irnio Pyle Resubdivision; all at the sole
cost of the applicants:
(3) leftfturn lane into the Buck-ErnieiPyle Resubditvt icM,tthe
iength of which turn lane shall be not loss than 300 feet
more or less including the transition tapir.
(it) Widen the existing pavement by up to-12 feat an the south to j
provide a separate eastbound right-turn lane into Oakbrook
Center, the length of which lane shall be not less.than 350
feat sore or less including the transition taper.
(iii) Widen the existing pavement by up to 1$ feat on the north to
provide a separate westbound right-turn lane into the
Buck-Br000 Pyle Resubdivision, the length of which lane
shall be not lass than 200 feet more or lees including the
transition taper.
(iv) Install Traffic signals at the 16th Street intersection with d
the entrances to the Buck-Ernie Pyle Resubdivision and the
Oakbrook Center.
f. The property subdivided shell be improved only for hotel, office
and their accessory uses substantially as set forth in a site plan
approved by the Village Board and consistent with the representations
made by the applicant before the Zoning Board of Appeals and the Village
Board in the hearings on their applications.
9. prior to issuance of.a building permit authorising construction f
Of the first building in the fuck-trnis Pyle Resubdivision, a covenant
shall be recorded running with the Lurid iaoorporat3ng the eonditidmmm met
forth in paragraphs c and d of this section 3, rquirinl that they be
complied with and that the required berming and planting shall be
maintained, repaired and replaced as necessary, without coat to the
village dad upon failure of the owner to do so, authorizing the Village it I
to do so and obtain reimbursement from the owner of all costs and to
record a lien against the property if Such reisburaemnat is net promptly d
made.
'i
�I
SMUI! A (I Of 3)
lot
Resolution No. 1t-,,G
A Resolution Approving s Plat of
Abrogation and Plat of V
Resubdivision know:► as Duck-Irnis
pyle Resubdivtsion (16th St. i
Castle Dr.)
Page 3
h. That the owners of the subject-property agree to establish.on the
face of the plat of resubdivision an appiropriate provision denoting "No
Vehicular Aeeess" and to submit to the Village a covenant in form+ and
substance acceY:,ble to the Village as approved by its Village Attorney
covenanting to maintain said "No Vehicular Access" provision in full effect.
i. That the owners of the subject property age to demolish all
single family structures and structures accessory thereto on the property
subdivided within aye year from the date of this Resolution and agree to
submit to the Village a bond acceptable to the Village, as approved by its
s Village Attorney, to guarantee completion of. said demolition.
j. That in addition to the covenants referred to in subparagraphs 9
and h hereof, the owners and all other interested parties shall deliver to the
Village a covenant in form and substance acceptable to the Village, as
approved by its Vi la"AAttorney,fevidencing their agreement to the provisions
of suhparagraphs
Motion 5: That all requirements, conditions and standardsived he
Subdivision Regulations of the Village of oak Brook except as
Limited by this ResolntIOM shall be applicable to the subdivision and
development of the property as resubdivided described in Section 3 hereof.
Section 6• That this Resolution shall be in full force and effect upon
receipt by GW Village Clerk of written proof satisfactory to the Village
Attorney that title to all of the above-described property, has been recorded
in the nssm of fto john Buck Company or its prior as siQnatlon to the Village
of Oak Brook, and Upon passage and approval as provided by law: Prov ided.
however, that if such proof has not bow so filed on or-before December 31,
1988, this Resolution shell be of no farce nor effect.
pASM AMD Appawn this 12th day of July 1988, by
the president and Board of Trustees of the Village of Oak Brook, DuPage and
Cook counties,. Illinois, according to a roll call vote'as follows:
Ayes:
Trustees Bartecki, Bushy, Imrie, Maher, Rush and Winters
Mays: None
Absent: None
VV- r
Village aysideal
I
ATTEST:
V e 4AJ6
buck-res
i
i
y
i
=1ITT A (9 of 3)
Q
0
oull
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990.3000
June 18, 1993
MEMO TO: Village President and Board of Trustees
SUBJECT: Buck-Ernie Pyle Subdivision
Pursuant to your direction at your June 8, 1993 meeting, I have drafted the following
with respect to the proposed redevelopment of Lots 1 and 2 at the Buck-Ernie Pyle
Subdivision:
1. A Resolution Amending a Resolution Approving a Plat of Abrogation and Plat of
Resubdivision Known as Buck-Ernie Pyle Resubdivision;
2. An Ordinance Amending Section VIII (C) and (D) of the Zoning Ordinance of the
Village of Oak Brook, Ordinance G-60 as Amended; and
3. Ordinance Rezoning Certain Parcels to the B-1 Local Shopping Center District
I understand that you will consider the above two ordinances and resolution at your
regular meeting on June 22, 1993.
Respectfully submitted,
Richard A. Martens
Village Attorney
RAM:sps
cc: Maggie Powers, Village Manager
Robert Nielsen, Building Commissioner
Dale L. Durfey, Jr., Village Engineer
Tom Hawk, Director of Code Enforcement
i