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S-1180 - 01/09/2007 - ZONING - OrdinancesORDINANCE 2007- ZO- MA -R -S -1180 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING A PARCEL OF APPROXIMATELY 28.64 ACRES FROM A PARCEL OF APPROXIMATELY 57 ACRES, LOCATED AT THE SOUTHEAST CORNER OF ROUTE 83 AND 35TH STREET, OAK BROOK, ILLINOIS 60523 (P.1 N #'s 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016) WHEREAS, an application was filed by the owner and contract purchaser (the "Petitioners ") of certain property of approximately 57 acres in area, located at the southeast corner of Route 83 and 35th Street,. Oak Brook, Illinois 60523 (the "Subject Property "), requesting that the zoning district map be amended as to a portion of the Subject Property of approximately 34 7 acres, which is presently zoned R1 (Single - Family Detached Residence District), to change its zoning classification to R -2 (Single - Family Detached Residence District), and , WHEREAS, a public hearing on such application was conducted by the Plan Commission of the Village of Oak Brook on March 20, 2006, April 17, 2006, and May 15, 2006, pursuant to due and appropriate legal notice, and at its meeting on May 15, 2006, the Plan Commission voted to recommend denial of the requested map amendment; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing on a revised application for a map amendment to rezone approximately 28 64 acres of the Subject Property from R -1 to R -2, at its meetings on July 26, 2006 and November 7, 2006, and at its meeting on November 7, 2006, the Zoning Board of Appeals voted to recommend approval of such map amendment, and WHEREAS, in making its recommendation for approval of such map amendment, the Zoning Board of Appeals made the following findings The Petitioners addressed and satisfied the required factors to recommend approval of the map amendment as revised, subject to the recorded covenants and conditions, and 2 The standards of Section 13 -14 -8 of the Village Code have been met with respect to a map amendment for the Subject Property, and WHEREAS, the Village President and Board of Trustees hereby determine that the map amendment for the Subject Property to the R -2 Single - Family Detached Residence District, as described herein, represents the most appropriate zoning consistent with the highest and best use thereof, and 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 The zoning district map is hereby amended so that the Subject Property, legally described below, be located within the R -2 Single - Family Detached Residence District- THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER, THENCE SOUTH 88 DEGREES 10 MINUTES 34 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 85 53 FEET TO THE EAST LINE OF THE NORTHERLY PORTION OF FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT NUMBER R2003- 121963, THENCE SOUTH 02 DEGREES 07 MINUTES 26 SECONDS EAST, A DISTANCE OF 36 57 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 Ordinance 2007- ZO- MA -R -S -1180 Rezoning from R1 to R2 28 64 acres of Brittwood Creek Subdivision S E corner of Rte 83 and 35th St PI N's 06-35-301-014,06-05-301-015, and 06 -35- 301 -016 Page 2 of 3 DEGREES 12 MINUTES 35 SECONDS EAST, A DISTANCE OF 85.54 FEET, THENCE NORTH 02 DEGREES 08 MINUTES 11 SECONDS WEST, A DISTANCE OF 3 62 FEET, THENCE NORTH 87 DEGREES 48 MINUTES 13 SECONDS EAST, A DISTANCE OF 109 19 FEET, THENCE SOUTH 02 DEGREES 11 MINUTES 47 SECONDS EAST, A DISTANCE OF 331 82 FEET TO A POINT ON -A CURVE, THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 175 00 FEET AND A CHORD BEARING OF NORTH 84 DEGREES 17 MINUTES 26 SECONDS EAST, FOR AN ARC LENGTH OF 23.72 FEET TO A POINT OF TANGENCY, THENCE NORTH 88 DEGREES 10 MINUTES 34 SECONDS EAST, A DISTANCE OF 273 21 FEET TO A POINT ON A CURVE, THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 175 88 FEET AND A CHORD BEARING OF SOUTH 37 DEGREES 53 MINUTES 15 SECONDS EAST, FOR AN ARC LENGTH OF 206 60 FEET TO A POINT OF TANGENCY, THENCE SOUTH 71 DEGREES 39 MINUTES 17 SECONDS EAST, A DISTANCE OF 55 59 FEET TO A POINT OF CURVATURE, THENCE SOUTHEASTERLY ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500 00 FEET, FOR AN ARC LENGTH OF 139 97 FEET TO A POINT OF TANGENCY, THENCE SOUTH 55 DEGREES 36 MINUTES 57 SECONDS EAST, A DISTANCE OF 148 63 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 175 00 FEET FOR AWARC LENGTH OF 272.87 FEET TO A POINT OF TANGENCY; THENCE SOUTH 33 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 357.46 FEET TO- A POINT OF CURVATURE, THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 255 00 FEET FOR AN ARC LENGTH OF 240 34 FEET TO A POINT OF TANGENCY, THENCE SOUTH 20 DEGREES 16 MINUTES 40 SECONDS EAST, A DISTANCE OF 184 77 FEET TO A POINT OF CURVATURE, THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 165 00 FEET FOR AN ARC LENGTH OF 321 80 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 32 MINUTES 05 SECONDS WEST, A DISTANCE OF 114.13 FEET TO A POINT OF CURVATURE, THENCE WESTERLY ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,000 00 FEET, FOR AN ARC LENGTH OF 12073 FEET TO A POINT OF TANGENCY, THENCE SOUTH 84 DEGREES 32 MINUTES 53 SECONDS EAST, A DISTANCE OF 131 30 FEET TO A POINT OF CURVATURE, THENCE WESTERLY ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 150 00 FEET, FOR AN ARC LENGTH OF 26 57 FEET; THENCE SOUTH 01 DEGREES 52 MINUTES 31 SECONDS EAST, A DISTANCE OF 269 09 FEET TO THE NORTHERLY LINE OF FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT NUMBER R2003- 121963, THENCE SOUTH 88 DEGREES 07 MINUTES 29 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 182 19 FEET TO THE EAST LINE OF THE NORTHERLY PORTION OF SAID FPD /BASIC LIFE ASSESSMENT PLAT, THENCE NORTHERLY ALONG SAID EAST LINE THE FOLLOWING 2 COURSES 1) THENCE NORTHERLY ALONG A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1998.79 FEET AND A CHORD BEARING OF NORTH 04 DEGREES 38 MINUTES 25 SECONDS WEST, A LENGTH OF 178 55 FEET TO A POINT OF TANGENCY, 2) THENCE NORTH 02 DEGREES 07 MINUTES 26 SECONDS WEST, A DISTANCE OF 1,903 80 FEET TO THE POINT OF BEGINNING, CONTAINING 28 64 ACRES, MORE OR LESS P I N #'s 06 -35- 301 -014, 06 -35- 301 -015; and 06 -35- 301 -016 (Commonly known as a parcel of approximately 28 64 acres from a parcel of approximately 57 acres located at the southeast corner of Route 83 and 35th Street, Oak Brook, Illinois 60523) Ordinance 2007- ZO- MA -R -S -1180 Rezoning from R1 to R2 28 64 acres of Brittwood Creek Subdivision S E corner of Rte 83 and 35" St PI N's 06 -35- 301 -014, 06 -05- 301 -015, and 06 -35- 301 -016 Page 3 of 3 Section 2 The map amendment approved in Section 1 of this Ordinance is hereby conditioned on the development of the Subject Property in substantial conformance with the revised zoning plan and preliminary subdivision plat Section 3 The Village Clerk is hereby directed to amend the official zoning district map of the Village of Oak Brook in accordance with the provisions of Section 1 hereinabove. Section 4 This ordinance shall be in full force and effect from and after its passage and approval as required by law APPROVED THIS 91h day of January, 2007 Kevt Quinlan Village President PASSED THIS 9th day of January, 2007 Ayes Trustees Aktipis, Craig Kennedy Manofsky, Sanford and Yusuf Nays None Absent None ATTEST- I/