R-591 - 07/12/1993 - SUBDIVISIONS - Resolutions Af3Ro"-nt N PIA7
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RESOLUTION 93-SP'-E1-R-591 Re PEAL. R-SgG'P
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A 1ESOLnTION RZSLING RSOLION 93-SD-Sl-R-586 EuaK-6RM S Py .E
RESkB.
AND ANZNDING A RESOLUTION "p— t y-d 3
APPRMNG A PLAT OF ABROGATION SEE; .TSC. V";E%'e-
MD PLAT OF =SUBDIVISION Af sOG.
KX= AS OM UNIE PYI.g RESOBDIVISIOi
(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, on April 25, 1989, the Board of Trustees of the Village of
Oak Brook passed and approved Resolution R-474 entitled, "A Resolution
Approving a Plat of Resubdivision Known as Buck/Ernie Pyle 2nd Resubdivision
(hereinafter the "Subdivision") which resubdivided the property into Lots 1, 2
and 3; which plat was later recorded on May 19, 1989, as Document No. 89-
058905; and
WHEREAS, the owners of Lots 1 and 2 in the Subdivision have been unable
to develop these parcels with hotel, office and their accessory-uses as
required in Section 4 of Resolution R-456; and
f WHEREAS, the owners of Lox-3 1 and 2 in the Subdivision have sought
rezoning of thesa 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 subdivision upon the favorable recommendation of the Zoning Board of
Appeals and the Plan Commission; and
WHEREAS, the owners of Lots 1 and 2 in the subdivision have requested
that Section 4 of Resolution R-456 be amended to allow retail uses pursuant to
the map amendment and further, that ..ertain restrictions pertaining t , 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 of Resolution R-456; and
WHEREAS, on June 22, 1993, this Board passed and approved Resolution 93-
i
SD-E1-R-586 which amended in certain respects Resolution R-456 entitled, "A
Resolution Approving a Plat of Abrogation and Plat of Resubdivision Known as
Buck-Ernie Pyle Resubdivision"; and
WHEREAS, Resolution 93-SD-31-R-586 does not fully address vehicular
access to Lots 1 and 2; and
WBERZAS, this Board wishes to repeal Resolution 93-SD-E1-R-586 and
replace it with the more comprehensive amendments not forth below;
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rr �.
Resolution 93-SA-E1-R-591
A Resolution Repealing Resolution
93-SD-E1-R-586 And Amending a
Resolution Approving a Plat of
Abrogation and Plat of Resubdivision
Known as Suck-Ernie Pyle
Resubdivision (16th Street and
Castle Drive)
Page 2 j
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MOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND [iOARD OF TRUSTEES OF
THE VILLAGE OF OAR BROOK, DU PAGE AND COOK COUNTIES, ILLINnIS 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 Resolution 93-SD-E1-R-586 entitled, "A Resolution
Approving a Plat of Abrogation and Flat of Resubdivision as Buck-Ernie
Pyle Resubdivision" is hereby repealed in full and is of no force and effect.
Section 3: That subsection (f) of Section 4 of Resolution R-456 is
amended to read as follows:
"f. The approval hereby granted pursuant to the provisions of this �!
resolution is hereby made expressly subject to the following terms
and conditions:
r.
Lots 1 and 2 in the Subdivision shall be developed in
substantial conformity with a site plan drawn by Archideas, j
Inc. and dated July 7, 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 July 7, 1993.
ii. Vehicular access across the west lot line of said Lot 1
shall be hereafter restricted to service, employee and
emergency vehicles. There shall be no vehicular access
across the west line of said Lot 2 or the north lines of
said Lots 1 and 2.
iii. The development of said Lots 1 .._ad 2 combined shall not I '
exceed an F.A.R. equal to 0.25 or one-half of the permitted
F.A.R.
iv. No building on said sots 1 or 2 shall exceed a maximum
building height of two stories or 30 feet, whichever is
less, plus '':eight allowances as now set forth in Section j
V(k) of the Village Zoning Ordinance, Ordinance 0-60, as
amended.
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V. All buildings on said Lots 1 and 2 shall be not back 60 feet
from lot lines contiguous to 16t1l, Street or the Village
boundary and 30 feet from lot lines contiguous to Castle
Drive.
vi. No construction shall be permitted on said Lots 1 or 2 until
JBC Ernie Pyle Associates, or its nominee, has acquired
Resolution 93•-Sj'-El-R-591
A Resolution Repealing Resolution
93-SD-El-R-586 And Amending a
Resolution Approving a Plat of
Abrogation and Plat of Resubdivision
Known as Buck-Ernie Pyle
Resubdivision (16th Street and
Castle Drive)
Page 3
title to Lot 1 for which it is now a contract purchaser.
vii. All signs on the east side of the large building planned for
four (4) retail businesses shall be restricted to uniform,
raised alumin" letters back-lit by white light only.
Section 4: That subsection (h) of Section 4 of Resolution R-4r5 is
stricken and subsections (i) and (j) thereof are relettered (h) and (i).
Section 5: With regard to said Lots 1 ah4 2, building lines or
indications of vehicular restrictions as depicted on either or both of the two
plats of resubdivision which are inconsistent with the provisions of this
Resolution are hereby modified to eliminate all inconsistencies and to make
said building lines and indications of vehicular restrictions conform to the
provisions of this Resolution,
Section 6: That all other provisions not amended in this amendatory
ordinance remain in full force and effect.
Section 7: That the owners of said Lots 1 and 2 shall evidence their
agreement to the amendments contained herein by an amendatory covenant in from
and substance acceptable to the Village, as approved by its Village Attorney.
Section 8: That this Resolution shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED AND APPROVED this 14th day of July , 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:
Ayes: Trustees Bartecki. Kenny. McInerney. Payovich and Skinner
Nays: Twtstpe Sl�ttma a
Absent: None
Abstain: None _
fli.Ylage President'atwi-
Vill a Cl'1tk
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~ WA-54 0.
r. RESOLUTION NO. R- 456
A RESOLUTION AP INa A Z OF EMLTION
11
E1D PL71T OF JarwyiorON mom As
(16th Street and GUtle rive).
NHEREAS, the Plan Commission of the Village of Oak Brook on Decembar 14,
1987, unanimously recommended approval of a Plat of Abrogation dated May 7,
1987, as last revised, and the Final Plat of Resubdivision known as the
Buck-Ernie Pyle Resubdivision, dated November 11, 1987, as last revised, all
j of which were prepared by Bollinger, Lach Q Biancalana, Inc.; and
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WEREAS, the applicant has entered into contracts to purchase all of the
lots contained within said Plat; and
i
WHgREAS, the Board of Trustees has adopted Ordinance No. S- 648 vacating
i all.of the following Village streets: 15th Street,.Rose Court, Ernie Pyle
Drive; and
WHEREAS, said plats have been further revised as of July, 1988; and
WHEREAS, the Village President and Board of Trustees have considered the
recommendations of the Plan Commission and concur therewith, subject to
certain conditions.
I'
NON, rMMFORE, BE IT RESOLVED BY THE 'PRESIDENT AND BOARD OF TRUSTEES OF
TSE VILLAGE OF OAK BROOD, DU PAGE AND COOK COMM, ILLINOIS, as follows:
Section 1: That the provisions of the preamble hereinaloove set forth are
hereby adopted as though fully set forth herein.
Section 2: That the.Plat of Abrogation prepared by Bollinger, Lach A
Biancalana, Inc. and dated July 7, 1988, as last revised, be and is hereby
approved.
Section 3: That the Final Plat of Resubdivision known as the Buck-Ernie
Pyle Resubdivision prepared by Bollinger, Lack i Bianealana, Inc., and dated
(as last revised) July 12,1988, 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 Resubdivision'as given in
Section 3 hereof be and is hereby expressly subject to the following
conditions which shall be applicable to am development of the Buck-Ernie Pyle
Resubdivision:
a. All requirements for public utility easements shall be deemed not
by t:wse 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. No buildings or other structures shall be constructed in the
areas described below in excess of the building heights indicated:
(1) Between the east banding setback line of 150 feet and 250
feet west of the west line of the property now part of the
MMndominium developent known as the `Oak Brook Club", the
building height limits shall be 3 stories or 42 feet above.
natural ground level, whichever is lesser, plus height
allowance for mechanical penthouses, etc., as now set forth
in Section V(X) of the Village Zoning Ordinance, Ordinance
No. G-60, as amended. In the area from the west line of
said Oak Brook Club to a point 401 west, no structures shall
be built or maintained.
XWBIT ♦ 0 of 3)
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Resolution No. R-4 56
A Resolution Approving a Plat of j
Abrogation and Plat of
Resubdivision Known as Huck-Ernie
Pyle Resubdivision (16th St. i P
Castle Dr.)
Page Two
(ii) Between 250 feet and 450 feet west of the said Oak Brook
Club property line, the height limit shall be 6 storie3 or
80 feet above natural ground level, whichever is the lesser, j
plus said Section V(K) allowance.
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(iii) Between 450 feet west of the said Oak Brook
Club property line, the west building setback line of the
Subdivision, the height limit shall be 8 stories or
100 feet above natural ground level, whichever is the
lesser', plus the Section V(K) allowance.
d. The land within 40 feet of the said Oak Brook Club property line
shall be bermed and planted in substantial accordance with the Landscape
Buffer Plan prepared by Eves/Ryan Group, Inc. dated July T, 1988, as last
revised.
a. The following street improvements shall be completed within the
16tb 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 constricted in the Buck-Ernie Pyle.Resubdivision or the
Oakbrook Center south of, the Ernie Pyle Rasgbdivision; all at the sole
cost of the applicants:
-• (i) Modify the existing median to provide a separate eastbound
left turn lane into the Buck-Ernie Pyle Resubdivision, thy+
iength of which turn lane shall be not less than 300 feet
more or less including the transition tape_. 3
(it) widen the existing pavement by up.to 12 feet on the south to
provide a separate eastbound right-turn lane into Oakbrook ?
Canter, the length of which lane shall be not less than 350 li
feet more or less including the transition taper.
(iii) widen the existing pavement by up to 12 feet on the north to
wide a separate wstbound right-turn lava into the
Buck-Ernie Pyle Resubdivision, the length of which lane li
shall be not less than. 200 feet more or less including the
transition taper.
" rl
(3v) Install Traffic signals at the 16th Street intersection with
the entrances to the Buck-Ernie Pyle Resubdivision and the
Oakbrook Center.
f. The property subdivided shall 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. II
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g. Prior to issuance of.a building permit authorising construction
of the first building in the Duck--trnie Pyle Resubdivision, a covenant
shall be recorded running with the land incorporating the conditions set
forth in paragraphs c and d of this Section 3, rupiring that they be
complied with and than the required berming and planting shall be
maintained, repaired and replaced as necessary, without cost to the
Village end upon failure of the owner to do no, authorising the Village
to do no and obtain reimbursement from the owner of an carts and to
record a lien against the property if such reimburaesa;ft is not promptly
code.
RUMT
r R.aolutiou tto. R-IS(
A Resolution Approving a Plat of li
Abrogation and Plat of
Resubdivision Known as Buck-Ernie
Pyle Resubdivtsion (16th St. i
Castle Dr.)
page 3
i
h. That the owners of the subject property agree to establish on the
face of the plat of resubdivision an apwsopriate provision denoting "no
Vehicular Access" and to submit to the Village a covenant in fors and
substance :acceptable to the Village as approved by its Village Attorney
covenanting to maintain said "No Vehicular Access" provision in full effa^t.
i. That the owners of the subject property agree to demolish all
single family structures and structures accessory thereto on the property
subdivided within one year from the date of this Resolution and agree to
submit to the Village a bond acceptable to the Village, as approved by its
Village Attorney, to guarantee coaVletion of said demolition. l
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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 co"nant in form and substance acceptable to the Village, as
approved by its Village Attorney, evidencing their agreement to the provisions
of subparagraphs e, f and i hereof..
Section 5: That all requirements, conditions and standards of the
Subdivision Regulations of the Village of Oak Brook except as waived or
limited by this Resolutions shall be applicable to the subdivision and
development of the property as resubdivided described in Section 3 hereof.
•• Section 66- That this Resolution shall he in full force and effect upon
receipt by the the Villa" Clark of written proof satisfactory to the Village
Attorne that title to all of the above-described property, has been recorded
Y
in the name of The Jahn Buck Company or its prior designation to the village
of Oak Brook, and upon passage and approval as provided by lawn: provided,
however, that if such proof has not been to filed on or before December 31,
1965, this Resolution shall be of no force nor •ffeet
PASSED Am APPROVED this 12th day of July 1988, by
the president and Board of Trusts" of the Village cf.Osk Brook, DuPage and
Cook counties, Illinois, according to a roll call vote as follows:
Ayes: Trustees Bartecki, Bushy, Imrie, Maher:, Rush 'and hinters
Hays: done
Absent: None
A
Village ident-
ATTEST:
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