S-1183 - 01/23/2007 - SPECIAL USE - OrdinancesDUPAGE COUNTY RECDRDER
FEB.2112007 3:09 PM
OTHER 06-24-308-001
005 PAGES R2007-035898
(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
Property Address/es 2100 YORK ROAD AND 2122 YORK ROAD
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, It. 60523
Pin Number/s. 06-24-308-001 and 06-24-308-002
Name & Address of Applicant: YORK RD, EW LLC c/o JOHN BUCK CO/SUSAN HAMMERSLEY
1 NORTH WACKER DRIVE, SUITE 2400, CHICAGO, IL 60606
Name & Address of Responsible YORK RD. EW LLC c/o JOHN BUCK CO/SUSAN HAMMERSLEY
Party to Receive Copy of 1 NORTH WACKER DRIVE, SUITE 2400
Recorded Document and Billing: CHICAGO, IL 60606
G/L Account # to be Charged: 10-1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Return To: Village of Oak Brook
Oak Brook, Illinois 60523
Name &Address of Recipient N/A
of Consideration (when applicable):
G/L Account # to be Charged:
FRED BUCHOLZ R2007-035898 DUPAGE COUNTY RECORDER
1200 Oak Brook Road
Oak Brook, Illinois 60523
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
1, 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 Januar,
231 2007, the
corporate
authorities
of the above
municipality passed and
approved
Ordinance
2007-ZO-SU„S-1183
,
AN ORDINANCE GRANTING A SPECIAL USE FOR A MIXED USE DEVELOPMENT
IN THE 04 DISTRICT FOR CLEARWATER
(2100 and
2122 York
Road, Oak Brook,
Illinois 60523)
(P.I.N.
Vs 06-24-308-001
and 06-24-308-002)
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 26`h day of Janu”, v , 2007.
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Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
FRED BUCHOLZ R2007-035898 DUPAGE COUNTY RECORDER
ORDINANCE 2007-ZO-SU-S-1183
AN ORDINANCE GRANTING A SPECIAL. USE FOR A MIXED USE DEVELOPMENT
IN THE 04 DISTRICT FOR CL.EARWATER
(2100 and 2122 York Road, Oak Brook, Illinois 60523)
(P.I.N. #'s 06-24-348-001 and 06-24-308-002)
WHEREAS, an application has been filed by York Road EW LLC, represented by The John Buck
Company (the "Petitioner"), requesting a special use for a mixed use development in the 04 District for
Clearwater, located at 2100 and 2122 York Road, Oak Brook, Illinois; and
WHEREAS, on October 16, 2006, and November 21, 2006, the Plan Commission reviewed the
request for such special use and, on November 21, 2006, the Plan Commission recommended approval
of the special use subject -to certain conditions; and
WHEREAS, on December 5, 2006, the Zoning Board of Appeals conducted a public hearing on
the request for such special use, pursuant to. due and appropriate legal notice, and recommended
approval of the special use subject to certain conditions; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the Petitioner
satisfactorily addressed the factors required for approval of the requested special use and made specific
findings, including that the special use would be operated so that the public health, safety and welfare will
be protected, and that there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the special use, as set forth below, to be in
the best interest of the Village;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: The recitals above are hereby incorporated into and made a part of this ordinance.
Section 2: The Petitioner is hereby granted a special use for a mixed use development in the 04
District for Clearwater, located at 2100 and 2122 York Road, Oak Brook, Illinois 60523, subject to the
following conditions:
The Petitioner's agreement to construct the proposed development in substantial
conformance with the final plans, as revised, and to adhere to all other Village codes and
ordinances relative to building, fire prevention, engineering, and similar codes at the time
a building permit is issued.
b. The Petitioner's agreement to a Development Agreement suitable to the Village and the
Petitioner covering the following items:
1. Bicycle Path System on or around the property;
2. Sidewalk on the north side of 22nd Street between York Road and Clearwater
Drive;
3. Traffic Signal at York Road and Clearwater drive;
4. Extension of right hand turn lane on York Road southbound from the intersection
of York Road and 22nd Street;
Ordinance 2007-ZO-SU-S-1183
Granting Special Use to
Clearwater — 2100-2122 York kd
06-24-308-001,06-24-308-002
Page 2 of 3
Potential access ramp to southbound I-294; and
Final resolution of Stormwater Management issues.
Section 3: The special use and the scope of this ordinance are limited and restricted to the
property located at 2100 and 2122 York Road, Oak Brook, Illinois, which is legally described as follows:
LOT 1 IN BABSON BROS. CO. ASSESSMENT PLAT, BEING A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED NOVEMBER 6,
1963, AS DOCUMENT R63-40696 IN DUPAGE COUNTY, ILLINOIS.
2100 York Road, Oak Brook Illinois 60523
PIN #: 06-24-308.001
LOT 3 OF BUTLER COMPANY -- M-1; INC. ASSESSMENT PLAT NO. 3, RECORDED JULY 8,
1964 AS DOCUMENT R64-24070, BEING A PART OF THE SOUTHWEST % OF SECTION 24,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE
COUNTY, ILLINOIS, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST'/4 OF SAID SECTION
24; THENCE SOUTH 89 DEGREES 36 MINUTES 25 SECONDS WEST, ALONG THE SOUTH
LINE OF THE SOUTHWEST'/ a. OF SAID SECTION 24, SAID LINE ALSO BEING THE CENTER
LINE OF 22ND STREET, A DISTANCE OF 1119.0 FEET; THENCE NORTH 00 DEGREES 23
MINUTES 35 SECONDS WEST A DISTANCE OF 83.72 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF 22ND STREET FOR A POINT OF BEGINNING, SAID POINT ALSO
BEING ON THE EASTERLY RIGHT OF WAY LINE OF A DEDICATED ROAD (DOCUMENT
R62-7996); THENCE CONTINUING NORTH 00 DEGREES 23 MINUTES 35 SECONDS WEST
ALONG SAID EASTERLY RIGHT OF WAY LINE OF A DEDICATED ROAD A DISTANCE OF
98.37 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID
EASTERLY LINE OF A DEDICATED ROAD BEING A CURVE CONVEX NORTHWESTERLY
AND HAVING A RADIUS OF 238.66 FEET, A DISTANCE OF 229.10 FEET TO A POINT OF
TANGENCY; THENCE NORTH 54 DEGREES 36 MINUTES 25 SECONDS EAST ALONG SAID
EASTERLY RIGHT OF WAY LINE OF A DEDICATED ROAD, A DISTANCE OF 112.50 FEET
TO THE SOUTHWEST CORNER OF BABSON BROS. CO. ASSESSMENT PLAT (DOCUMENT
R63-40696); THENCE NORTH 89 DEGREES 37 MINUTES 56 SECONDS EAST ALONG THE
SOUTHERLY LINE OF SAID BABSON BROS.. CO. ASSESSMENT PLAT A DISTANCE OF
851.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF YORK ROAD; THENCE
SOUTH 00 DEGREES 15 MINUTES 24 SECONDS EAST ALONG SAID WEST RIGHT OF WAY
LINE OF YORK ROAD A DISTANCE OF 301.70 FEET; THENCE SOUTH 44 DEGREES 36
MINUTES 25 SECONDS WEST A DISTANCE OF 91.99 FEET TO A POINT ON SAID NORTH
RIGHT OF WAY LINE OF 22ND STREET; THENCE SOUTH 89 DEGREES 36 MINUTES 25
SECONDS WEST ALONG SAID NORTH RIGHT OF WAY LINE OF 22ND STREET A
DISTANCE OF 630.65 FEET TO A POINT; THENCE NORTH 88 DEGREES 57 MINUTES 39
SECONDS WEST ALONG SAID NORTH RIGHT ' OF WAY LINE OF 22ND STREET A
DISTANCE OF 348.75 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY,
ILLINOIS.
2122 York Road, Oak Brook, Illinois 60523
PIN #: 06-24-308-002
Section 4: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Ordinance 2007-ZO-SU-S-1183
Granting Special Use to
Clearwater — 2100-2122 York Rd
06-24-308-001, 06-24-308-002
Page 3 of 3'
Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict.
APPROVED THIS 23r0 day of ,January, 2007.
e
Kevi Quinlan
Vill6ge President
PASSED THIS 23rd, day of ,January, 2007.
Ayes: Trustees Akti is Craig, Kennedy, Manofsky, Sanford and Yusuf
Days: None
Absent: None
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ATTEST
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Linda K. Gonnella, CMC
Village Clerk