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S-1115 - 04/26/2005 - ZONING - Ordinances FRED BUCHOLZ DUPAGE COUNTY RECORDER FEB.14,2006 2:26 PM OTHER 06-28—103—009 007 PAGES R2006-027768 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2005-ZO-R-S-1115 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING THE OAK BROOK PROMENADE PROPERTY AT 3001- 3003, 3121 BUTTERFIELD ROAD, OAK BROOK, ILLINOIS 60523 Property Address/es 3001-3003 & 3121 BUTTERFIELD RD., AND VACANT PARCEL 5 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) AT BUTTERFIELD RD. AND MEYERS RD., DUPAGE COUNTY, ILLINOIS Pin/s Number 06-28-103-009 AND 06-28-103-014 06-28-103-005 AND 06-28-103-018 AND 06-28-103-019 Name & Address of Applicant: NAI HIFFMAN ONE OAKBROOK TERRACE, SUITE 600, OAKBROOK TERRACE, IL 60181 Name & Address of Responsible NAI HIFFMAN Party to Receive Copy of ONE OAKBROOK TERRACE, SUITE 600 Recorded Document and Billing: OAKBROOK TERRACE, IL 60181 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: i ORDINANCE 2005- ZO -R -S -1115 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING THE OAK BROOK PROMENADE PROPERTY AT 3001 -3003, 3121 BUTTERFIELD ROAD, OAK BROOK, ILLINOIS 60523 (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28 -103 -018, 06 -28- 103 -019) WHEREAS, an application has been filed requesting that the zoning district map be amended as to certain property commonly known as 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois, consisting of approximately nineteen point seven (19 7) acres (the "Subject Property'), of which Parcels 1 through 4 are presently zoned ORA -1 (Office- Research - Assembly District) and of which Parcel 5 is presently zoned R -1 (Single - Family Residence District) to B -1 (Local Shopping Center District), and WHEREAS, public hearings on such application were conducted by the Zoning Board of Appeals of the Village of Oak Brook on February 1 and February 15, 2005, pursuant to due and appropriate legal notice, and WHEREAS, the Plan Commission and Zoning Board of Appeals have recommended this amendment, with the Zoning Board of Appeals also making the requisite findings that the standards of Section 13 -14 -8 of the Village Code have been met, and WHEREAS, the Village President and Board of Trustees hereby determine that the map amendment for the Subject Property to the B -1 Local Shopping Center District 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 That the zoning district map is hereby amended so that the Subject Property legally described below, be located within the B -1 Local Shopping Center District PARCEL 1 06 -28 -103 -009 LOT 2 OF BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 EXCEPT THE WESTERLY 265 FEET THEREOF AS MEASURED ALONG THE NORTHERLY LINE THEREOF, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS THAT PART OF LOT 2, AFORESAID, IN THE NORTH HALF OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 IN DUPAGE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF F.A ROUTE 131 WITH THE EXISTING CENTER LINE OF MEYERS ROAD, THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 55 4 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF MEYERS ROAD FOR A POINT OF BEGINNING, THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 58 DEGREES 25 MINUTES 31 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 361 1 FEET TO A POINT, SAID WEST RIGHT OF WAY LINE BEING THE EAST LINE OF THE CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 46940 PROPERTY, THENCE Ordinance 2005- ZO -R -S -1115 Rezoning from ORA -1 to B -1 3001 -3003 and 3121 Butterfield Road (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28 -103 -019) Page 2 of 5 DESCRIBED COURSE, A DISTANCE OF 347 5 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF F A ROUTE 131, THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 27 5 FEET TO THE POINT OF BEGINNING, BEING THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT R74 -38411 PARCEL 2 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY'S 82 5 FOOT RIGHT OF WAY KNOWN AS NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1 (PLAT DOCUMENT 950269) LYING SOUTH OF AND ABUTTING LOT 2 (EXCEPT THE WESTERLY 265, FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF), IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069, IN DUPAGE COUNTY, ILLINOIS, ALSO DESCRIBED AS FOLLOWS THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63, AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION, AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 FOR A POINT OF BEGINNING, THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL NIG 2 -63 (BEING ALSO THE SOUTHERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, AS RECORDED JULY 8, 1964 AS DOCUMENT R64- 24069), 517 90 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL NO E -2 -63 5, THENCE SOUTH 04 DEGREES 30 MINUTES 01 SECOND WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, 94 36 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID NORTHWESTERLY LINE, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF PARCEL NO E -2- 63 5, 465 95 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE AFOREMENTIONED EASTERLY LINE OF LOT 1 IN GLIDDEN SUBDIVISION WITH SAID NORTHWESTERLY LINE OF PARCEL NO E -2 -63 5, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1 IN GLIDDEN SUBDIVISION 82 73 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 3 06 -28- 103 -005 LOT 1 IN GLIDDEN SUBDIVISION NO 1, BEING A SUBDIVISION OF THE WESTERLY 265 FEET AS MEASURED ALONG THE NORTHERLY LINE THEREOF, OF LOT 2 IN BUTLER COMPANY M -1 INCORPORATED ASSESSMENT PLAT NO 2 OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID GLIDDEN SUBDIVISION NO. 1 RECORDED OCTOBER 3, 1969 AS DOCUMENT R69- 43878, IN DUPAGE COUNTY, ILLINOIS PARCEL 4 I, Ordinance 2005- ZO -R -S -1115 Rezoning from ORA -1 to B -1 3001 -3003 and 3121 Butterfield Road (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 3 of 5 06 -28- 103 -014 THAT PART OF NORTHERN ILLINOIS GAS COMPANY PARCEL NO NIG 2 -63 AS SHOWN ON NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN GLIDDEN SUBDIVISION AS RECORDED OCTOBER 3, 1969 AS DOCUMENT R69 -43878 AND PROCEEDING SOUTH 28 DEGREES 48 MINUTES EAST ALONG A SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, A DISTANCE OF 82 73 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF NORTHERN ILLINOIS TOLL HIGHWAY PARCEL E -2 -63 5, THENCE SOUTH 65 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY LINE 265 61 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1, INC ASSESSMENT PLAT NO 2 RECORDED JULY 8, 1964 AS DOCUMENT R64 -24069 AND THE AFOREMENTIONED NORTHERLY LINE, THENCE NORTH 28 DEGREES 48 MINUTES WEST ALONG SAID SOUTHERLY EXTENSION, 82 73 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF LOT 2 IN THE AFOREMENTIONED BUTLER COMPANY ASSESSMENT PLAT (SAID CORNER BEING ON THE NORTH LINE OF NORTHERN ILLINOIS GAS COMPANY PROPERTY PARCEL NO NIG 2 -63), THENCE NORTH 65 DEGREES 27 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE (SAID LINE BEING COINCIDENT WITH THE SOUTH LINE OF AFOREMENTIONED LOT 2), 265 61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PARCEL 5 06 -28- 103 -018 and 06 -28- 103 -019 THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS BEGINNING AT THE EASTERLY MOST NORTHEAST CORNER OF LOT 5 IN HOMESTEAD VILLAGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SAID SECTION 28 AND SECTION 29, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1998 AS DOCUMENT R98- 179522, SAID POINT OF BEGINNING BEING ON THE SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 950269, THENCE NORTH 65 DEGREES 32 MINUTES 08 SECONDS EAST (NORTH 65 DEGREES 37 MINUTES EAST, RECORD) ALONG SAID SOUTHERLY LINE OF NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, A DISTANCE OF 451 02 FEET (450 89 FEET RECORD) TO THE EASTERLY LINE OF SAID NORTHERLY ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, THENCE NORTH 04 DEGREES 34 MINUTES 53 SECONDS EAST (NORTH 04 DEGREES 47 MINUTES EAST, RECORD) ALONG SAID EAST LINE OF THE NORTHERN ILLINOIS GAS COMPANY ASSESSMENT PLAT NO 1 PARCEL NO NIG2 -63N, AND ALONG AN EASTERLY LINE OF LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 24069, A DISTANCE OF 191 20 FEET (191 21 FEET RECORD) TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC. ASSESSMENT PLAT NO 2, THENCE SOUTH 85 DEGREES 23 MINUTES 50 SECONDS EAST (SOUTH 85 DEGREES 13 MINUTES EAST RECORD), ALONG A I Ordinance 2005- ZO -R -S -1115 Rezoning from ORA -1 to B -1 3001 -3003 and 3121 Butterfield Road (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 4 of 5 SOUTHERLY LINE OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, A DISTANCE OF 100 00 FEET TO A SOUTHEASTERLY CORNER OF SAID LOT 2 IN BUTLER COMPANY M -1 INC ASSESSMENT PLAT NO 2, SAID POINT BEING ON THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO E -2 -63 1 ACCORDING TO DOCUMENT NO 846924, THENCE SOUTH 04 DEGREES 35 MINUTES 51 SECONDS WEST (SOUTH 04 DEGREES 47 MINUTES WEST, RECORD) ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PERMANENT EASEMENT PARCEL NO E -2 -63 1, AND ALONG THE WESTERLY LINE OF THE NORTHERN ILLINOIS GAS COMPANY YORK TOWNSHIP ASSESSMENT PLAT NO 1 LOT 8 -2 ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO R64- 28042, A DISTANCE OF 250 00 FEET TO THE NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST (SOUTH 65 DEGREES 37 MINUTES WEST, RECORD) ALONG SAID NORTHERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, A DISTANCE OF 349 98 FEET TO THE SOUTHEASTERLY CORNER OF TECHNOLOGY DRIVE, AS DEDICATED BY THE PLAT OF SAID HOMESTEAD VILLAGE, THENCE THE FOLLOWING SIX (6) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHERLY LINE OF SAID TECHNOLOGY DRIVE 1) THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) A DISTANCE OF 97 36 FEET TO THE NORTHEAST CORNER OF SAID TECHNOLOGY DRIVE, 2) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 80 00 FEET, 3) THENCE SOUTH 24 DEGREES 22 MINUTES 20 SECONDS EAST (SOUTH 25 DEGREES 41 MINUTES 17 SECONDS EAST, RECORD) A DISTANCE OF 15 00 FEET, 4) THENCE SOUTH 65 DEGREES 37 MINUTES 40 SECONDS WEST (SOUTH 64 DEGREES 18 MINUTES 43 SECONDS WEST, RECORD) A DISTANCE OF 4 75 FEET, 5) THENCE SOUTH 13 DEGREES 41 MINUTES 39 SECONDS WEST, (SOUTH 12 DEGREES 00 MINUTES 14 SECONDS WEST, RECORD) A DISTANCE OF 20 78 FEET, 6) THENCE SOUTH 65 DEGREES 32 MINUTES 08 SECONDS WEST, (SOUTH 64 DEGREES 13 MINUTES 11 SECONDS WEST, RECORD) A DISTANCE OF 62 44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5 IN HOMESTEAD VILLAGE, THENCE NORTH 24 DEGREES 22 MINUTES 20 SECONDS WEST (NORTH 25 DEGREES 41 MINUTES 17 SECONDS WEST, RECORD) ALONG THE EASTERLY MOST LINE OF SAID LOT 5, A DISTANCE OF 33 80 FEET TO SAID POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS (Commonly known as 3001 -3003 and 3121 Butterfield Road, Oak Brook, Illinois) Section 2 That 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 3 That the following uses, although permitted uses in the B -1 District, will be prohibited uses on the Subject Property Servicing of motor vehicles, Regular barber shops, Photo studios, Generic drug stores, Grocery stores, except for gourmet stores such as Dean & Delucca or Fox & Obel Traditional hardware stores, Laundromats, Ordinance 2005- ZO -R -S -1115 Rezoning from ORA -1 to B -1 3001 -3003 and 3121 Butterfield Road (P I N 06 -28- 103 -009, 06 -28- 103 -014, 06 -28- 103 -005, 06 -28- 103 -018, 06 -28- 103 -019) Page 5 of 6 Traditional hardware stores, Laundromats, Shoe repair, Sporting goods store, other than specialty clothing, Public utility uses Nursing homes Telephone equipment buildings, Municipal type uses, Cocktail lounges not associated with a restaurant Post offices Dry cleaning operations Section 4 This ordinance shall be in full force and effect from and after its passage and approval as required by law, subject to approval and recording of a covenant prohibiting the uses listed in Section 3 above, the approval of the annexation of Parcel 5 to the Village of Oak Brook and the approval and establishment of the Promenade Tax Increment Financing District and a Redevelopment Agreement by and between the Village and Petitioner, or waiver of this requirement by Petitioner, on or before December 31, 2005 Ayes Nays APPROVED THIS 2Eth day of April , 2005 Kevin uinlan Vill e President PASSED THIS 26th day of April , 2005 Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None Absent None G`wr kr .�i;pi tv'y ATTEST Linda K Gonneila CMC STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook,DuPage and Cook Counties,Illinois. I DO FURTHER CERTIFY that on April 26, 2005_, the corporate authorities of the above municipality passed and approved Ordinance 2005-ZO-R-S-1115 , AN ORDINANCE AMENDING THE ZONING DISTRICT MAP CONCERNING THE OAK BROOK PROMENADE PROPERTY AT 3001-3003, 3121 BUTTERFIELD ROAD, OAK BROOK, ILLINOIS 60523 (P.I.N. 06-28-103-009,06-28-103-014, 06-28-103-005, 06-28-103-018,06-28-103-019) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 14th day of February , 2006. Linda K. Gonnella, CMC ,.�./ k Village Clerk � h u K �� Village of Oak Brook DuPage and Cook Counties, IL