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S-1346 - 09/25/2012 - ZONING -VARIATION - Ordinances Supporting Documents PGA p F O g k e� IV O � 0 men co G p OOUwv AGENDA ITEM Board of Trustees Meeting September 25, 2012 SUBJECT: Cantore—2021 Swift- Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance S-1346, which approves the requested variation to permit the construction of 39 additional parking spaces in the required front yard at the property located at 2021 Swift Road. Background/History: At the September 11, 2012 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of the requested variation to permit 39 additional parking spaces in addition to the 6 permitted parking spaces in the required front yard of the property located at 2021 Swift Road. This allows a total of 45 spaces to be located in the front yard. Recommendation: Approve Ordinance S-1346. Last saved by gpolanek V:\01 LegislativeGenMan\Agendas\AGENDA MEMOS\2012 Agenda Memos\092512\BOT-FINAL Action-S-1346Cantore- 2021 Swift-Var.doc ORDINANCE 2012-ZO-V-EX-S-1346 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-12-31-1.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTY AT 2021 SWIFT DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-402-028) WHEREAS, an application has been filed by Joseph F. Cantore ("Owner') requesting a variation from Section 13-12-31-1.2 ("Variation") of the"Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of 39 additional parking spaces ("Parking Spaces") in the required front yard setback on the property located at 2021 Swift Drive, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, the Property is located in the ORA-1 Office-Research-Assembly District ("ORA-1 District"); and WHEREAS, Section 13-12-31-1.2 of the Zoning Regulations does not allow for properties located within the ORA-1 District to have more than six(6) parking spaces located in the required front yard; and WHEREAS, the Parking Spaces will exceed the number of parking spaces allowed in the required front yard setback in an ORA-1 District, and WHEREAS, on June 19 and August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variation; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated September 5, 2012, recommended approval of the Variation subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the ZBA and deem the Variation as set forth below to be in the best interests of the Village. 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. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Variation. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Owner is hereby granted a variation from Section 13-12-31-1.2 of the Zoning Regulations to allow for 45 parking spaces to be located in the required front yard setback of the Property. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 2 of 8 A. Substantial Conformance with Plans. The Parking Spaces and landscaping shall be constructed in substantial conformance with the approved plans, attached hereto and incorporated herein as Exhibit B; B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended, that were in effect on the date that the Owner submitted his building permit application to the Village except as specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Parking Spaces and landscaping, and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner of the Property to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect Non-Transferability. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Owner and any and all of the Owner's heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS) Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 3 of 8 i APPROVED THIS 25th day of September, 2012 r Gopal G. Lalmalani Village President PASSED THIS 25th day of September, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Yusuf Nays: None Absent: r ee Zannis ATTEST: Charlotte K. Pruss Village Clerk ,Sf Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: LOT 1 IN STALEY-ANKER SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1971, AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLINOIS. Commonly known as 2021 Swift Drive, Oak Brook, IL PIN: 06-24-402-028 Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 5 of 8 Exhibit B Site Plan and Landscape Plan PAVEMENT STRIPING NOTES `° A`° 1.Parking Spaces are 9'wide.by 18'long.Handicap spaces ere 16'wide. Refer to detail for accessible parking stall on sheet C-12D. 2.Marking paint shall be High Quality Traffic paint intended for striping asphalt parking lots. Color:yellow Width:4" Coverage Rate:450 feet per gallon per COT Article 780. 3.The Handicap access area shall have 45 degree,4"wide yellow diagonal a } striping. —_---_—_—,—_._—_—__�-----r-----------�-- - - 4.Color all curb ramps with Brick Red. Ri I \ _ 3 I \�f 121 2 c \\ 9 i N \ 6 EXISTING OFFICE BUILDING IJI o d q H cD zi z FF 682.83 • N � 4 arcrc°R I OV LEI I� R p pd \ 2^ I \ oo G.- '' O r I 6 i LL \ L ° O 0 Ln \ —I ZZ \ ° ED x«ae ° 6 I Ex.x..•.�,�••.•< <r.00r O J \ 24 Y U ¢ O ❑ I 0 W O cc cc J � U � J U Go V) N � N W Z N W r —� PARKING SIGN r'-0 J RESERVED FI FXIBLE PAVEMENT SECTION T PARKING 0 ® CONCRETE WNEELRTOP ® 6' 2 5 CUNC. 'HMA SURFACE COURSE saxo ensE GUT ®B 6 CURB ®8'FARRIER GUTTER CUFFS SIDEWALK 1 ,—e s iii 2'N.BAS a aT%PSwx x + J COURSE TEXT—"RESERVED PARKING" 10"GRANULAR MATERIAL TYPE A CRUSHED rwTr,com¢rnoA PRO.ECTNO.'�e ACCESSIBLE PARKING STALL TEXT—"$250 FINE" SUBBASE COURSE GIIECT Hurt NOT ro PAR ACCESS.PARMG SPACE SIGN p o Erev�. GASE FILE p owxa.AxPA PARKING LOT ®.,•xr•.rExEwMea ©AN-A ECx 3ER ADDITIONAL PLANTINGS TO EXISTING TREE TYP. ORNAMENTAL GRASS TYP. ENHANCE EXISTING SCREENING L,:yy EVERGREEN SHRUBS TYP. lie •a 'a 21 2 log �} Y iva'�iyif V 3 S F° � t s 5 Y CROSS SECTION]° ± L, L EVERGREEN TREE TYP. f PERENNIALS TYP. i ' ORNAMENTAL GRASS TYP, SHADE TREE TYP. 1 .EXISTING TREE TYP. I 24 N N.T.S. CONCEPTUAL LANDSCAPE MASTER PLAN -44W -wow'a NOTE ADDITIONAL PLANTINGS TO ENHANCE EXISTING SCREEN ED SITE CHANGES STANDARDS. MEET AND/OR EXCEED CITY DESIGN ES WILL ME N.T.$. N.T.S. CONCEPTUAL CROSS SECTION 1 CONCEPTUAL CROSS SECTION 2:: 202-1 S W I F T DRIVE , CANTORE CONSTRUCTION 925 S 83 OAK BROOK , ILLINOIS ELMHURST, IL ROUTE Ex B L�) Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois("Village"): WHEREAS, an application has been filed by Joseph F. Cantore ("Owner') requesting a variation from Section 13-12-31-1.2 ("Variation") of the"Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for allow for 45 parking spaces to be located in the required front yard setback ("Parking Spaces ) on the property located at 2021 Swift Drive, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1346, adopted by the President and Board of Trustees of the Village of Oak Brook on September 25, 2012 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Owner does hereby agree and covenant as follows: 1. The Owner does hereby unconditionally agree to accept, consent to,'and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance;,(ii) the Owner has considered the possibility that the variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) the Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of Parking Spaces on the Property, and that the Village's issuance of•any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the Parking Spaces, the Property, or the Village's adoption of the Ordinance. 5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 ' For 2021 Swift Drive PIN: 06-24-402-028 Page 7 of 8 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 1 IN STALEY-ANKER SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1971, AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLINOIS. Commonly known as 2021 Swift Drive, Oak Brook, IL PIN: 06-24-402-028 Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-311.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 8 of 8 IN WITNESS WHEREOF, Joseph F. Cantore executed this Unconditional Agreement and Consent this 3 day of �bt 2012 Jo tore State of Illinois ) County of DuPage ) I, (� ( a Notary Public in and for the County and State aforesaid do hereby certify that Joseph F. Cantore, personally known to me, and that he appeared before me this 31st- day of D cfv 6-e r- 2012, and acknowledged that he personally executed this instrument. Notary Public OFF;yt�d_vl=R� �£ Seal GM Psi �;e�,c Nmry m �ut.�-�tz�ta MY cammission Cx i Jt4t 12,2 14 CANTORS 2021 SWIFT DRIVE Variation — To Allow Additional Parking Spaces in the Front Yard INDEX PAGE CONTENTS 17-17.a Memorandum from Director of Community Development Kallien -Village Board Agenda- September 11, 2012 16-16.a Recommendation Letter from Zoning Board of Appeals dated May 16, 2012 15-15.c Zoning Board of Appeals Meeting Minutes dated August 7, 2012 14 Email Memo of Support of Revised Plans from Neighbor at 2107 Swift dated August 3, 2012 13-13.a Updated Staff Report dated July 31, 2012 12 Letter from Applicant Summarizing Revisions dated July 31, 2012 11 Landscape Plan (Included—Not Attached) 10 Revised Plans Dated July 16, 2012-Supersedes Page I (Included—Not Attached) 9-9. Zoning Board of Appeals Meeting Minutes dated June 19, 2012 8-8.b Staff Report from Director of Community Development Kallien—dated June 15, 2012 7 Memorandum from Village Engineer Hullihan—dated June 15, 2012 6 Aerial View of Site 6.a-6.d Letter from Neighbor at 2107 Swift with attachments 5 Resident Letter dated June 1, 2012 4 Certificate of Publication dated June 1, 2012 3 Board of Trustees Meeting Minutes dated June 12, 2012 2 Referral Memo—Board of Trustees Agenda dated June 12, 2012 Agenda 1 Zoning Regulations—Off Street Parking—Section 13-12-31-1.2. PAGE CONTENTS A Petition Application B Letter of Explanation C Variation Standards D Fee/Receipt for Special Use E. Certification of Surrounding Property Owners F Surrounding Property Owners List G Subject Property Verification with Legal Description H Existing and Proposed Aerial View of Site I Site Plan wl Erosion Control, Grading, Drainage and Geometric Plan of Proposed Parking (Included—Not Attached) J Plat of Survey(Not Included—Key Files Only) vG� OF OgK49 0 V G O COUNTI+ AGENDA ITEM Regular Board of Trustees Meeting of September 11, 2012 SUBJECT: Cantore — 2021 Swift Drive — Variation — Section 13-12-3H.2 to permit additional parking in the required front yard. FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning Board of Appeals with regard to the approval of the requested variation to permit 39 additional parking spaces in the required front yard for the property located at 2021 Swift Drive subject to the following conditions: 1. The proposed parking and landscaping shall be constructed in substantial conformance to the approved plans as revised. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; and 3. Adoption of an ordinance necessary to grant the requested variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the September 25,2012 Board of Trustees meeting. Background/History: The Zoning Board of held the required public hearing at its meetings on June 19, 2012 and August 7, 2012 on a petition from Joseph F. Cantore, the owner of the vacant office building located at 2021 Swift Drive requesting approval of a variation to Section 13-12-3H.2 to permit the construction of up to 44 additional parking spaces in the required front yard along Swift Drive that is approximately ten (10) feet from the street line. As a result of the hearing process, the amount of additional parking being sought has been decreased to 39 spaces. At the present time, 6 spaces are allowed in the required front yard and can be no closer than 25 feet from the street line. The existing building is approximately 20,900 square feet in size and has 50 available parking spaces which, correlates to a parking ratio of 2.39 per 1000 square foot gross floor area. However, per Village 117. Code, this building should have a minimum parking ratio of 3.3 parking spaces per 1000 square feet or a minimum of 19 additional spaces than now provided. As part of the revised plan for 39 spaces, the applicant has increased the amount of green space in the required front yard. As an example, in the original request, much of the new parking would have had only a ten (10) foot setback from Swift Drive right-of-way. Under the revised plan, this setback has been increased to 41 feet. Recommendation: The Zoning Board of Appeals, by a vote of 6 to 0, recommended approval of the requested variation to permit 39 additional parking spaces to be constructed in the required front yard text at 2021 Swift Drive subject to the following conditions: 1. The proposed parking and landscaping shall be constructed in substantial conformance to the approved revised plans. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." J:\1-FROM BOMBot-PC-ZBA\BOT-Rec-Cantore-2021Swift-VAR-August2012.doc /�� GE OF 0 A • • �P eq 6 - A O y G A f � 'OUNTI September 5, 2012 Village of Oak Brook Village President and Board of Trustees 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road Website Oak Brook, IL 60523 www.oak-brook.org Administration Subject: Cantore—2021 Swift Drive-Variation— Section 13-12-3H.2 to permit 630.368.5000 additional parking in the required front yard. FAX 630.368.5045 Community Dear Village President and Board of Trustees: Development 630.368.5101 Background FAX 630.3630.368.5151 28 The Zoning Board of Appeals held the required public hearing at its meetings on June Engineering 19, 2012 and August 7, 2012 on a petition from Joseph F. Cantore, the owner of the Department vacant office building located at 2021 Swift Drive requesting approval of a variation 630.368.5130 to Section 13-12-3H.2 to permit the construction of u to 44 additional parking spaces FAX 630.368.5128 p p p g p in the required front yard along Swift Drive that is approximately ten (10) feet from Fire Department the street line. As a result of the hearing process, the amount of additional parking 630.368.5200 being sought has been decreased to 39 spaces. At the present time, 6 spaces are FAX 630.368.5250 allowed in the required front yard and can be no closer than 25 feet from the street Police Department line. 630.368.8700 FAX 630.368.8739 The existing building.is approximately 20,900 square feet in size and has 50 available Public Works parking spaces which, correlates to a panting ratio of 2.39 per 1000 square foot gross Department floor area. However, per Village Code, this building should have a minimum parking 630.368.5270 ratio of 3.3 parking spaces per 1000 square feet or a minimum of 19 additional spaces FAX 630.368.5295 than now provided. . Oak Brook As part of the revised plan for 39 spaces, the applicant has increased the amount of Public Library green space in the required front yard. As an example, in the original request, much of 600 Oak Brook Road the, new parking would have had only a ten (10) foot setback from the Swift Drive Oak Brook,IL 60523-2200 right-of-way. Under the revised plan, this setback has been increased to 41 feet along 630.368.7700 with a landscaped berm. FAX 630.368.7704 Oak Brook Sports Core Public Comment All interested parties were notified of the public meeting. There was no testimony Bath&'Tennis Club given either in support of or in opposition to the requests at the public hearing. 700 Oak Brook Road However, the Zoning Board was in receipt of a letter from Mr. Jerry Krusinski, the Oak Brook,IL 60523-4600 owner of the adjacent building who offered his support for the revised plan for 39 630.368.6420 FAX 630.368.6439 additional parking spaces. Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 lie;. September 5,2012 Village President and Board of Trustees RE: Cantore—2021 Swift—Variation Page 2 Recommendation The Zoning Board of Appeals, by a vote of 6 to 0, recommended approval of the requested variation to permit 39 additional parking spaces to be constructed in the required front yard text at 2021 Swift Drive subject to the following conditions: 1. The proposed parking and landscaping shall be constructed in substantial conformance to the approved revised plans. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals MAChairletter-Cantore-2021 Swift-VAR-August2012.doc MINUTES OF THE AUGUST 7, 2012 RESCHEDULED D)MFT APPEALS R OF THE VILLAGE ZONING VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON , 2012 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino and Wayne Ziemer. ABSENT: Member Steven Young IN ATTENDANCE: Robert Kallien, Jr., Director of Community Development and Michael Hullihan, Village Engineer 3. APPROVAL OF MINUTES: MINUTES There were no minutes approved. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS �ANTORE — 2021 SWIFT DRIVE — VARIATION — PARKING CANTORS - 2021 REQUIREMENTS—FRONT YARD VARIATTION�VS - PARKING REQUIREMENTS Chairman Davis swore in those that testified at this hearing. Joseph Cantore, owner of the property located at 2021 Swift Drive reviewed the requested variation to allow a redesigned plan to allow additional parking spaces in the front yard. They took the advice of the Zoning Board and believe the new site plan allows for more green space along with an evergreen type of landscape screening. The proposed plan utilizes more open green space in the front yard, which was a concern of the Board and one of their neighbors. The parking setback has been revised from 10 feet to 41 feet creating a larger area for berming and landscaping. The new design will also allow for a landscaped berm on the north side of the property line and would have a minimum height VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 33 August 7, 2012 45 • 0 h front f the property. The of 5 feet and a minimum height of 4 feet forte o landscape vegetation would be a mature coniferous species so that it would remain green in the winter. The front area would remain aesthetically pleasing with the increased setback and would be in keeping with the rest of the neighborhood. It will be a good addition and would help to rent the building. The overall impervious parking lot area was reduced and they eliminated parking spaces. The handicapped accessible parking was relocated to the rear of the building within a close proximity to the handicapped ramp that was installed there. With the handicap stall location reconfiguration, 2 parking stalls in the existing parking lot in order to make the new accommodations possible. After review of the engineering codes for compact car parking it was determined that they would be unable to utilize such an option, because none was available. They also investigated relocating the existing storm water detention area and due to the associated costs to install parking there coupled with the additional costs to relocate the existing detention to the front area would be cost prohibitive. After going through many options they finally came up with a plan that addresses the concerns of the Board and they formally requested approval of the parking variation. He advised the Board of a couple of items. They are no longer exercising lease negotiations with Genesis Lab, since they are no longer interested in leasing the building. McDonald's was the only prospective tenant that they have and their minimum-parking requirement is 90 stalls. The revised plan would allow a total of 92 parking stalls. Over the last 5 years they have really only had these 2 tenants who seriously considered leasing the building, They would like to see McDonald's in the building and expressed appreciation for the consideration of the revised parking and landscape plan. Chairman Davis questioned to what extent the original relief had been changed. Mr. Person noted that the request is now for 39 stalls, which was reduced from the 44 originally sought. The code only allows 6 parking stalls in the front yard. The original request proposed a setback 10 feet from the property line; the revised plan has increased the setback to 41 feet. Director of Community Development Kallien noted that the required setback is 100 feet. Mr. Cantore stated that the standards were reviewed in their testimony at the last meeting. I, VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 33 August 7, 2012 l�� William Lindeman, resident commented that the character of the neighborhood was raised at the last meeting and noted that all of the other properties in the area are set back. He noted that the former Polaroid site was granted 6 parking spaces years ago and it is very unsightly because the screening stands out like a sore thumb. He noted that the plan was an improvement, but that underground detention facilities should be considered on the north side. He noted that it was a financial burden but was a fact of life. Chairman Davis questioned whether Mr. Cantore had spoken with any of the neighbors. Mr. Cantore responded that he had spoken with Mr. Krusinski, the neighbor to the south and noted that an email had been provided in support of the revised plan. Chairman Davis questioned when construction on the parking lot would commence, if the variation was approved and asked if the project would be completed should the negotiations fall apart. Mr. Cantore responded that it would be as soon as the lease negations with the potential tenant are completed. He added that in any event they would need to do the parking because the building is functionally obsolete. When the owner of the property not only maintains, but also provides all the improvements on a property it is difficult to do such things like the underground storage tank due to the cost. The expense of trying to get a good tenant in building does not leave much left. Member Savino questioned what the cost might be to build the parking over the detention. Mr. Cantore responded that they would gain approximately 12 spaces at the cost of$500,000,which is very expensive parking. Member Cappetta noted that they presented a big improvement over the original plan. It looks better, the neighbors like it and they did what the Board asked him to do. Chairman Davis agreed and thanked the applicant for revisiting the plan, since the original plan did alter the character of the neighborhood. He noted that the standards had been addressed at the last meeting and were submitted in writing in the case file. I AK BR VILLAGE O F O 00 K Zoning Board of Appeals Minutes Page 3 of 33 August 7, 2012 /5-b. Motion by Member Savino, seconded by Member Nimry to recommend approval of the variation request as revised to allow 39 parking spaces to be located 41 feet from Swift Drive, subject to the following conditions: 1. That the proposed parking and landscape be constructed in substantial conformance to the approved revised plans. 2. Notwithstanding the attached exhibits the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Bulin, Cappetta, Nimry, Savino, Ziemer and Chairman Davis Nays: 0— Absent: 1 —Member Young. Motion Carried. 5. NEW BUSINESS NEW BUSINESS A. TK TEMPLETON WOODS, LLC — MAP AMENDMENT — VACANT Tx TEMPLETON WOODS,LLC-MAP PROPERTY LOCATED SOUTH OF 35TH STREET AND EAST OF AMEND-VACANT ROUTE 83 - TO REZONE APPROXIMATELY 28 ACRES OF THE PROPERTY SOUTH OF 35m ST EAST OF WESTERN PORTION OF THE PROPERTY FROM R-2 TO R-1 ROUTE 83-TO REZONE APPROX 28 ACRES FROM R-2 TO R-1 Chairman Davis swore in those that testified at this hearing. Member Cappetta recused herself from this agenda item because she was associated with the law firm that represented the petitioner. Fred Cappetta, attorney for the applicant reviewed the history and request for a map amendment. The entire parcel is approximately 57 acres located south of 35th Street and east of Route 83. Several years ago the property was subdivided and platted as Brittwood Creek. The 57 acres was divided into two portions, with 28 acres on one side, which was zoned R-2 and 24 acres remained R-1. The property was platted into 30 lots of varying sizes from one to three acres. The development failed and did not proceed, along with attempts by others to develop the property, which did not succeed. The property is now owned by TK Templeton Woods, VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 33 August 7, 2012 Xis•�1. Gail Polanek From: Jerry Krusinski Berryk @krusinski.com] Sent: Friday,August 03, 2012 11:24 AM To: Robert Kallien Cc: Gail Polanek; Jerry Krusinski Subject: RE: 2021 Swift Drive, Request for Variance Bob, Thanks for transmitting the revised submittal for 2021 Swift Drive. Joseph Cantore,Jr. and Sr.visited our office last week and provided an overview of the revised site plan. We are in agreement and will support the proposed variance based on the attached "Conceptual Landscaping" plan provided. If you have any questions,do not hesitate to give me a call. All the best,Jerry Jerry R. Krusinski President and COO Krusinski Construction Company 2107 Swift Drive Oak Brook, IL 60523 (630) 573-7700 (630) 573-7780 (fax) http://www.krusinski.com Krusinski Construction Company is a founding member of Citadel Group Please consider the environment before printing this email. From: Robert Kallien fmailto:rkaI lien @oak-brook.org] Sent: Thursday, August 02, 2012 4:59 PM To: Jerry Krusinski Cc: Gail Polanek Subject: RE: 2021 Swift Drive, Request for Variance 1 /� r � P ego � o e A O y G � A r � 9cF�0UN7I •\��` Village of July 31, 2012 Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road wer Oak Brook IL 60523 www.oak-b-bro ok.org , Administration SUBJECT: Cantore—2021 Swift Drive—Variation— Section 13-12-3H.2 to permit 630.368.5000 FAX 630.368.5045 additional parking in the required front yard. Community Dear Zoning Board Members: Development 630.368.5101 FAX 630.368.5128 Background Engineering At the June 19, 2012 meeting, the Zoning Board of Appeals initiated its review, Department deliberations and discussion on a request from Joseph F. Cantore, the owner of the 630.368.5130 FAX 630.368.5128 vacant office building located at 2021 Swift Drive who is seeking approval of a variation to Section 13-12-3H.2 to permit the construction of up to 44 additional Fire Department parking spaces in the required front yard along Swift Drive that is approximately ten 630.368.5200 FAX 630.368.5251 (10) feet from the street line. At the present time, 6 spaces are allowed in the required front yard and can be no closer than 25 feet from the street line. Police Department 630.368.8700 The existing building does not meet the current Village Code requirement of providing FAX 630.368.8739 a minimum of 3.3 parking spaces per 1000 square feet for an office building. A Public Works minimum of 19 additional spaces would be needed to meet code Department 630.368.5270 Even though the Zoning Board was sympathetic in the applicants' plight to get the FAX 630.368.5295 building occupied (vacant for four (4) years), the Zoning Board was concerned that Oak Brook amount of parking being requested and its close proximity to Swift Drive was not in Public Library character with the surroundings of the other businesses in the area. The applicant was asked to reconsider his request and look at alternatives which would either decrease 600 Oak Brook Road and/or relocate some of the new parking spaces in order to increase the amount of Oak Brook,IL 60523-2200 open space along Swift Drive. 630.368.7700 FAX 630.368.7704 Based on the direction received, the applicant has submitted a revised plan that Oak Brook Sports Core incorporates the following changes: • The applicant has decreased the number of new parking spaces from 44 to 39. Bath&Tennis Club . With the decrease in new parking spaces, the applicant has increased the 700 Oak Brook Road p g P pp Oak Brook,IL 60523-4600 amount of green space in the required front yard. As an example, in the 630.368.6420 original request, much of the new parking would have had only a ten (10) foot FAX 630.368.6439 setback from Swift Drive right-of-way. Under the revised plan, this setback Golf Club has been increased to 41 feet. 2606 York Road . The applicant is providing four (4) handicapped spaces near the east side of the Oak Brook,IL 60523-4602 building. The number of spaces meets the Illinois Accessibility Code 630.368.6400 FAX 630.368.6419 rI July 31, 2012 Zoning Board of Appeals RE: Cantore—Variation—Parking in a required Front Yard Page 2 requirements. However, the ultimate location of these spaces should be determined as part of the building permit for the tenant build-out. • Due to the costs involved, the applicant is not proposing a plan that relocates the existing detention to the front yard. • The applicant has provided a landscape plan showing how the required screening along Swift Drive and the north property line would be accomplished. Staff looks forward to continuing the discussion on this proposed variation. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Robert L. K n Jr..; I Director i ZBA-Followup-Cantore-VAR-July 2012.doc /� Q r July 31, 2012 Village of Oak Brook President and Board of Trustees Zoning Board of Appeal 1200 Oak Brook Rd. Oak Brook, IL 60521 Re: 2021 Swift Road, Oak Brook We have taken the advice of the board and revisited our design standards regarding the requested parking variance for 2021 Swift Drive. We feel that our new site plan allows for more open green space in the front lot area, illustrates the use of evergreen type landscape screening, and depicts cross sectional elevations. Our proposed plan utilizes more open green space in the front lot area. The building set back was dramatically increased from 10 feet to 41 feet, creating larger areas for berms and landscaping. The new design will allow for a landscaping berm on the north side property line to have a minimum height of 5 feet, along with a minimum berm height of 4 feet for the front property line. The landscape vegetation we install will be both mature in age and related to a coniferous species; so even as the seasons change the cars in the parking lot will remain camouflaged. By increasing the building set back distance,the front lot area will remain Co aesthetically pleasing and consistent with the neighborhood. MThe overall impervious parking lot area was reduced and the number of parking stalls was cut o down from 44 to 39 stalls. The handicap accessible parking stalls were relocated to the rear of the building within a close proximity of the handicap ramp. By reconfiguring the handicap Q parking stall location we eliminated 2 parking stalls in the existing parking lot to make the new accommodations possible. After review of the engineering codes for compact car parking, it was CD determined we would be unable to utilize such an option. M Lastly,we examined what the engineering requirements and procedures are for relocating our Co existing storm water detention area. Due to the associated costs to install the parking lot coupled Mwith the additional costs to relocate the existing detention to the front lot area, our analysis proved that relocation of the storm water detention would be cost prohibitive. N r After careful planning and consideration, we feel that we have addressed the concerns of the CD cn board appropriately, and formally request approval of our parking variance. 0 Z J J SiFF. Cantore U) w Jo M Co C6 Joseph N CAIVTORE Gail Polanek From: Jerry Krusinski Derryk @krusinski.com] Sent: Friday, August 03, 2012 11:24 AM To: Robert Kallien Cc: Gail Polanek; Jerry Krusinski Subject: RE: 2021 Swift Drive, Request for Variance Bob, Thanks for transmitting the revised submittal for 2021 Swift Drive. Joseph Cantore,Jr.and Sr.visited our office last week and provided an overview of the revised site plan. We are in agreement and will support the proposed variance based on the attached "Conceptual Landscaping" plan provided. If you have any questions, do not hesitate to give me a call. All the best,Jerry Jerry R. Krusinski President and COO Krusinski Construction Company 2107 Swift Drive Oak Brook, IL 60523 (630) 573-7700 (630) 573-7780 (fax) hftp://www.krusinski.com Krusinski Construction Company is a founding member of Citadel Group Please consider the environment before printing this email. From: Robert Kallien [mailto:rkallien(a)oak-brook.org] Sent:Thursday, August 02, 2012 4:59 PM To: Jerry Krusinski Cc: Gail Polanek Subject: RE: 2021 Swift Drive, Request for Variance i �� G� OF OAk • • p B 90 e e o y G r � A V 9c�00UNTI Village of July 31, 2012 Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road website Oak Brook IL 60523 www.oak-brook.org Administration SUBJECT: Cantore—2021 Swift Drive—Variation—Section 13-12-311.2 to permit 630.368.5000 FAX 630.368.5045 additional parking in the required front yard. Community Dear Zoning Board Members: Development 630.368.5101 FAX 630.368.5128 Background Engineering At the June 19, 2012 meeting, the Zoning Board of Appeals initiated its review, Department deliberations and discussion on a request from Joseph F. Cantore, the owner of the 630.368.5130 q p FAX 630.368.5'128 vacant office building located at 2021 Swift Drive who is seeking approval of a variation to Section 13-12-31-1.2 to permit the construction of up to 44 additional Fire Department parking spaces in the required front yard along Swift Drive that is approximately ten 630.368.5200 FAX 630.368.5251 (10) feet from the street line. At the present time, 6 spaces are allowed in the required front yard and can be no closer than 25 feet from the street line. Police Department 630.368.8700 The existing building does not meet the current Village Code requirement of providing FAX 630.368.8739 a minimum of 3.3 parking spaces per 1000 square feet for an office building. A Public Works minimum of 19 additional spaces would be needed to meet code Department FAX 630.36 368.5295 Even though the Zoning Board was sympathetic in the applicants' plight to get the building occupied (vacant for four (4) years), the Zoning Board was concerned that Oak Brook amount of parking being requested and its close proximity to Swift Drive was not in Public Library character with the surroundings of the other businesses in the area. The applicant was asked to reconsider his request and look at alternatives which would either decrease 600 Oak Brook Road and/or relocate some of the new parking spaces in order to increase the amount of Oak Brook,IL 60523-2200 open space along Swift Drive. 630.368.7700 FAX 630.368.7704 Based on the direction received, the applicant has submitted a revised plan that Oak Brook Sports Core incorporates the following changes: Bath&Tennis Club • The applicant has decreased the number of new parking spaces from 44 to 39. 700 Oak Brook Road • With the decrease in new parking spaces, the applicant has increased the Oak Brook,IL 60523-4600 amount of green space.in the required front yard. As an example, in the 630.368.6420 original request, much of the new parking would have had only a ten (10) foot FAX 630.368.6439 setback from Swift Drive right-of-way. Under the revised plan, this setback Golf Club has been increased to 41 feet. 2606 York Road . The applicant is providing four (4) handicapped spaces near the east side of the Oak Brook,IL 60523-4602 building. The number of spaces meets the Illinois Accessibility Code 630.368.6400 FAX 630.368.6419 • • July 31, 2012 Zoning Board of Appeals RE: Cantore—Variation—Parking in a required Front Yard Page 2 requirements. However, the ultimate location of these spaces should be determined as part of the building permit for the tenant build-out. • Due to the costs involved, the applicant is not proposing a plan that relocates the existing detention to the front yard. • The applicant has provided a landscape plan showing how the required screening along Swift Drive and the north property line would be accomplished. Staff looks forward to continuing the discussion on this proposed variation. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Robert L. Ka n Jr.;AI Director ZBA-Followup-Cantore-VAR-July 2012.doc /� eL July 31,2012 Village of Oak Brook President and Board of Trustees Zoning Board of Appeal 1200 Oak Brook Rd. Oak Brook, IL 60521 Re: 2021 Swift Road, Oak Brook We have taken the advice of the board and revisited our design standards regarding the requested parking variance for 2021 Swift Drive. We feel that our new site plan allows for more open green space in the front lot area, illustrates the use of evergreen type landscape screening, and depicts cross sectional elevations. Our proposed plan utilizes more open green space in the front lot area. The building set back was dramatically increased from 10 feet to 41 feet, creating larger areas for berms and landscaping. The new design will allow for a landscaping berm on the north side property line to have a minimum height of 5 feet, along with a minimum berm height of 4 feet for the front property line. The landscape vegetation we install will be both mature in age and related to a coniferous species; so even as the seasons change the cars in the parking lot will remain camouflaged. By increasing the building set back distance,the front lot area will remain 00 aesthetically pleasing and consistent with the neighborhood. Co The overall impervious parking lot area was reduced and the number of parking stalls was cut o down from 44 to 39 stalls. The handicap accessible parking stalls were relocated to the rear of the building within a close proximity of the handicap ramp. By reconfiguring the handicap Q parking stall location we eliminated 2 parking stalls in the existing parking lot to make the new 5 accommodations possible. After review of the engineering codes for compact car parking, it was odetermined we would be unable to utilize such an option. M Lastly, we examined what the engineering requirements and procedures are for relocating our Co existing storm water detention area. Due to the associated costs to install the parking lot coupled Mwith the additional costs to relocate the existing detention to the front lot area, our analysis cC�" proved that relocation of the storm water detention would be cost prohibitive. N r After careful planning and consideration, we feel that we have addressed the concerns of the board appropriately, and formally request approval of our parking variance. 0 Z J J Sinc e , J w Jose F. Cantore M 00 Cr Joseph Ui M CAMTORE MINUTES OF THE JUNE 19, 2012 RESCHEDULED DRAFTREGULAR EALS OF THE MEETING ZONING VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON , 2012 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Alfred Savino, Steven Young and Wayne Ziemer. ABSENT: Member Baker Nimry IN ATTENDANCE: Gerald Wolin, Trustee, Robert Kallien, Jr., Director of Community Development, Peter Friedman, Village Attorney and Michael Hullihan, Village Engineer 3. APPROVAL OF MINUTES: MINUTES Approval of the minutes of May 1, 2012 were continued to the next meeting. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS CANTORE — 2021 SWIFT DRIVE - VARIATION — PARKING CANTORS - 2021 0 SWIFT R EQUIREMENTS—FRONT YARD AI VARIATION - PARKING REQUIREMENTS Chairman Davis swore in those that testified at this hearing. Joseph Cantore, owner of the property located at 2021 Swift Drive reviewed the requested variation to allow additional parking spaces in the front yard. The building was constructed in 1977 and at that time Stone Container was the original tenant in the building and the parking lot was deemed to be adequate VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 12 June 19, 2012 9 not only through the building code, but met the tenants needs. As the years progressed a 6,000 square foot addition was constructed and the number of parking spaces, while still to code at the time, narrowly met the requirements of the tenant. As time went on the tenant outgrew the building and moved out. The property was purchased by Mr. Cantore and his father about 14 years ago. The building was then leased to Griffith Laboratories a company with laboratory needs. At that time they deemed the parking to be adequate, although at the time of their move-in, they advised that parking might become an issue at some point during their lease or during their renewal period that with additional staffing needs, the parking might not be adequate. Years later, at the end of their lease Griffith moved out (approximately 4 years ago) and consolidated their operations to a larger main facility off of I-294. Part of the reason for their move was due to the minimal parking that was available on the property, which helped with their decision. The property has sat vacant since that time. For the last 14 years ownership has maintained and successfully leased the property. They have tried to be a good neighbor and commercial resident of the Village. As consolidation among businesses continues, increased parking demands arise. The Village of Oak brook has addressed this by increasing the minimum parking standards for new construction. There are several factors affecting leasing of the building that are a hardship to the ownership. They have continually attempted to lease the building over the past 4 years. They have utilized two different brokers, as well as personally going out to find potential lessees. As of this date, ownership has had interest, but still has no pending leases for the property. The current real estate broker, NAI Hiffman, has shown the property approximately 20 times to interested parties, but none have been able to make the property fit their business plan, due largely in part to the amount of parking spaces available. The current minimum parking requirements set by the Village for this type of commercial building requires at least 3.3 parking stalls per 1000 square feet of building. Using the current village minimum requirements, their parking lot is inadequate by 19 parking stalls, or 38% deficient when compared to similar VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 12 June 19, 2012 • 9� buildings in the area, essentially tagging our parking lot as obsolete. They attempted to negotiate additional parking with the ComEd property immediately to the north; however ComEd was not interested in any type of parking arrangement. The percentage of the lot in the front area of the building is high due to the configuration and placement of the building. The subject property has far more front yard than any other property in the immediate neighborhood. The existing parking lot along the east and south perimeter of the building has no room for expansion, and the area to the north is utilized for storm water detention leaving the front yard area the only option to obtain additional parking. They did not construct the original building, because if they had, they might have built a second story and thought more about the placement of parking. His father always tried to put extra parking at his buildings because they generally buy buildings and hold them. When they bought the building it was an exchange and is not the kind of building his father would have built. Through recent negotiations with prospective tenants they have said that if a variance could be obtained for additional parking they would strongly consider leasing the property. If additional parking was present, the property would have been leased years ago because all of the other elements are present for a business to move in. It is a desirable building location, such as proximity to all major area highways, and being located in the premier town of Oak Brook. They have everything going for them, except the parking. The ongoing parking hardship in excess of 4 years has greatly impacted their desire to remain in Oak Brook and provide a fully leased building. They respectfully requested a variance be granted allowing additional parking be constructed to conform to current minimum parking regulations greatly increasing their ability to lease the property which in turn would be an asset for the Village. Chairman Davis questioned the specific relief was being sought and how close they would be to the building. Brian Person, Cantore Construction, responded that they were seeking an additional 44 parking spaces in the front yard and the parking lot would abut VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 12 June 19, 2012 4- the existing building. He referred to page H of the case file, which represented an aerial view of the property. Chairman Davis noted that the parking appeared to take up most of the property and questioned how it would impact the neighborhood. Mr. Person responded that 2020 Swift also received a variation for parking in P p g the front yard. Also, most of the other lots in the neighborhood have as much impervious area as they are seeking. Chairman Davis noted that the existing trees in the front yard would be removed. Mr. Cantore responded that through their engineering they will be providing all of the storm water retention on their property. They are also providing all of the screening on their property, not in the parkway. Chairman Davis questioned how they concluded that an additional 44 spaces were needed. Mr. Person responded that it was part of two prospective tenant requirements. The additional parking and the existing would give them a total of 100 spaces. One tenant, a medical laboratory use, is requiring a minimum of 88 spaces. Chairman Davis questioned that Exelon (ComEd) with the large amount of parking on its site, would not work out a parking arrangement with them. Mr. Cantore confirmed that they did not. Their broker thought that they would negotiate some sort of a deal for parking,however,they would not. Chairman Davis noted that the current required parking ratio is 3.3 spaces and if all 44 spaces were approved they would have approximately 4.5 spaces, exceeding the Village requirement. Member Ziemer questioned if the detention area was being modified and questioned the impervious area that would be on the site. Mr. Person responded that they were adding to it so that everything from the front yard parking area would be routed to the detention basin and would then be filtered to the storm sewer. The detention basin is large enough to handle the new parking facilities. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 12 June 19, 2012 I I Mr. Ziemer asked if they were close to 100 percent impervious area on the lot. Mr. Cantore responded that they would be 72 percent. Member Young questioned whether there was enough room to turn around space for emergency vehicle access onto the site. Director of Community Development Kallien responded that there was enough room. He added that over the last several years there have been a number of similar requests to add additional parking in the front yard. Most recently,there was a request at 600 22nd Street (formerly 600 Hunter), also at 814 Commerce, and a number of other locations. The issue is that the Village has a minimum standard, which are 3.3 parking spaces per 1,000 square feet. This building did not meet that because originally a portion of the building was used for warehouse and over time it has been used and developed for office research type use. As stated by the applicant, 3.3 spaces is really the minimum requirement. It appears that the value that is now placed on the real estate we are tending to see the office tenants require a higher parking standard. The John Buck building at 2001 York Road has a parking ratio of about 4.5 spaces. The recently approved Hub office building has a parking ratio close to 5 spaces. It appears that there is some logic to the request to move the number upward. The question is what is the balance between maintaining a reasonable amount of open space relative to the ultimate parking needs Chairman Davis noted that he drove through the area and the neighbors all have quite a bit of green space. In his opinion, if the green space is all taken out to accommodate parking space, it would essentially alter the character of the neighborhood. He questioned whether there could be a lesser amount of spaces needed or to reconfigure the lot to save some of the beautiful front yard. Mr. Cantore noted that he and his father have been Oak Brook residents for a long time and they both like a lot of green space, and they like their buildings to be landscaped correctly to blend with the environment. They would go out of their way to make sure that the Village and the neighbors are satisfied and happy with how the final product looks. He thought that the landscape plan could be modified and still give them the proper amount of parking that they need in order to rent the building. Chairman Davis questioned whether parking was being added to the north and west of the detention area. He noted that none of the other neighbors have parking in the green space in front of their buildings. Adding berms and landscaping would still result in losing all of the green space in the front. He understood that additional parking for the building is needed, but there must be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 12 June 19, 2012 a better plan than to have parking out to Swift Drive. Member Savino said that it was stated there are no pending leases for the property, but are asking for a huge variation. He suggested that the tenants may not need 94 spaces and he understood that more parking is needed and perhaps the number could be reduced to 80 spaces. It looks like it is being maxed out potentially for some tenant in the future. Right now there is not a tenant in need of all the parking being requested. Mr. Person responded that they have a Request For Proposal and the tenant needs 88 spaces minimum and they would not sign a lease unless a variation was approved that is the reason they are taking the steps now in order to make the building more marketable to the corporations that require this parking and then hopefully they will be able to rent the building, which would be better for the entire neighborhood. Mr. Cantore added that they are taking a big chance to do the parking if they receive approval of the variation because the cost of this work is about $200,000. They are willing to take the gamble based on the location of the building in Oak Brook because it is a desirable address and location for some company to be in. As mentioned, everyone is talking about consolidation, because times are not what they used to be 10- 15 years ago. The building was great back 15 years ago. The type of tenants coming to them to potentially rent the building have a whole different set of needs than they had 15 years ago. In order for it to be economically feasible they need help. Member Savino said that under the code, 19 spaces could be put in. He questioned whether the detention pond could be moved to the front and would provide green space. Bernard Bono, Bono Consulting Civil Engineers said that they worked on the civil engineering plans. He said that the detention area could be relocated, but questioned in advantage in moving it because currently it is an established green space. Mr. Cantore noted that it boils down to money. The building has been empty for four years and it is to the point that they need to rent the building. If things could be moved around to relocate the detention area to the front, and was not cost prohibitive, they would be open to that, but the costs are a big factor. They want to be good neighbors and they do not buy buildings in order to flip them. They want to make sure that everyone is happy. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 12 June 19, 2012 • II Member Ziemer asked if they had considered a storm trap so that it could be paved over. Mr. Bono responded that they had not considered it, based on preliminary discussions with the engineering staff they were told that if they could keep the detention as is, they would not need to add additional detention on the site. The designs were based on keeping it at 2500 square feet of disturbed area. It is an option, but becomes a cost issue. A storm trap system they had done in Elk Grove Village cost $100,000, which result in expensive parking spaces. The original idea of moving a grass basin in the front and taking the dirt to fill in the basin could possibly add 9 or 10 spaces to the north side of the building and keep detention on the site. Member Ziemer asked if the had looked at the alternative y plan in the case file and could result in approximately 30 spaces, which would correlate to 4/1,000. Mr. Person said that would not help with one of the potential tenants they had been talking with. They currently have 50 spaces and need at least 38 spaces in order to play ball with them. Mr. Cantore said that they would look at just about anything because the main focus is to rent the building. If they add 30 and are short by 6, then they could not rent it. He would be more flexible, but some of the big corporations have minimum requirements and there is no room to negotiate. They have wants and needs and if you cannot accommodate them, then you are out. He would hate to see them go to Westmont or Elmhurst, etc. Chairman Davis noted that it is a very attractive building; however he had a great concern of changing the character of Swift Drive in the circle with the present plan as proposed, which is one of the major steps in the standards that must be met. He suggested that several alternatives were discussed at the hearing and that the applicant should look at the alternatives and come back to the next meeting o continue the presentation. He would i g p like to see another way to preserve some of the green space along Swift Drive. William Lindeman, 11 Pembroke Lane, said that the Zoning Board did not consider storm water detention under the parking as an option. There are several very ugly dry detention basins at the McDonald's on Midwest Road and at Gibsons. The property at 814 Commerce was granted at least 20 parking spaces in the front of its building for visitors and those spaces are always filled while the parking in the rear is not. Everyone wants to get whatever they can, but there is not a committed tenant to rent the building, subject to the increase VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 12 June 19, 2012 of parking. He did not think that it was being a good neighbor to create disparity between the appearances of the surrounding properties. The board needs to draw the line somewhere regarding people seeking far more than what is reasonable. Chairman Davis said that he sensed that the board is sensitive to the plight of the property owner and that additional parking spaces are needed. If the board agreed and if the applicant would be agreeable to look into some of the other alternatives it could be continued too review at the next meeting. He noted that it was a very nice building. Member Savino suggested that perhaps the parking spaces adjacent to Swift Drive could be designated as compact car spaces with a shorter car length required. That might be of some benefit to the applicant and would allow for more green space. He also noted that the Board would like to see a landscape plan that meets the screening requirements of the code, including evergreen vegetation to properly screen the cars from being viewed. Mr. Cantore responded that they had intended to provide the 4-foot high landscape screening as required and would take care of the landscape plan. Member Young questioned the date for the proposed tenant. Mr. Cantore noted that there were two, one due on June 30 and the other tenant in negotiations is in ongoing, while they are checking out other properties. However,their property was the front runner pending the parking issue. Chairman Davis noted that it was likely some relief would be granted, however, it would be to what extent and the location of the relief. Motion by Member Savino, seconded by Member Ziemer to continue the hearing on the request to the August 7, 2012 meeting. VOICE VOTE: Motion carried. 5. B. VILLAGE OF OAK BROOK — TEXT AMENDMENT — AMEND THE AE - TEXT AMENDMENT - ZONING REGULATIONS TO CLARIFY THE REGULATIONS FOR cLARIFY THE REGULATIONS FOR CEMETERIES CEMETERIES Chairman Davis swore in Mr. Kallien, who testified as the petitioner at this hearing. The issue relates to cemeteries and cemetery improvements. There are four VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 12 June 19, 2012 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: June 15, 2012 CASE NOS: 2012-11-ZO-VAR DESCRIPTION: Variation— To Section 13-12-3H.2 to permit additional parking in the required front yard along Swift Drive. PETITIONER: Joseph F. Cantore 925 South IL Rte. 83 Elmhurst, IL 60126 ADDRESS: 2021 Swift Drive EXISTING ZONING: ORA-1 (Office-Research-Assembly District) ZONING/USE OF SURROUNDING PROPERTY: North: ORA-1 (Office-Research-Assembly District), Office buildings. South: Same. East: Same. West: Same. DISCUSSION: Joseph F. Cantore, the owner of the vacant office building located at 2021 Swift Drive is requesting approval of a variation to Section 13-12-3H.2 to permit the construction of 44 additional parking spaces in the required front yard along Swift Drive that is approximately ten (10) feet from the street line. At the present time, 6 spaces are allowed in the required front yard and can be no closer than 25 feet from the street line. The existing building is approximately 20,900 square feet in size and has 50 available parking spaces which, correlates to a parking ratio of 2.39 per 1000 square foot gross floor area. However, per Village Code, this building should have a minimum parking ratio of 3.3 parking spaces per 1000 square feet or a minimum of 19 additional spaces than now provided. With the construction of the new parking spaces, the front yard setback would be reduced to approximately ten(10) feet. The applicant is proposing to provide the required four(4) foot high screening with the construction of a small berm that is enhanced with shrubs and trees. Please see the case file for additional information regarding this request. STAFF REPORT — CANTORE—2021 SWIFT DRIVE —VARIATION—PARKING FRONT YARD CASE No: 2012-11-ZO-VAR Staff Comments: • From a historical perspective, the property at 2021 Swift Drive has received approval of two variations: S-135 (1967) to reduce the required front yard from 100-feet to 65- s feet and S-585 (1986)to permit all spaces to be designed using the office standard. • Since 2000, several requests have been approved to permit more than 6 spaces in the required front yard in order to construct additional parking: 814 Commerce, 2020 Swift Drive, Clearwater and most recently at 600 Hunter Drive. • The applicant is proposing to screen the new parking area through the use of a berm and vegetation. Because of the design, the available area to construct a berm is only approximately ten (10) feet in width and can only accommodate a berm of minimal height. The installation and maintenance of landscaping will be key to the screening effort. • For an office building the size of 2021 Swift Drive (20,900 square feet), a parking ratio of 3.3 spaces per 1000 square feet would require a minimum of 69 parking spaces. A parking ratio of 4.0 spaces per 1000 square feet would require 84 spaces. The applicants request to permit 94 parking spaces on site results in a parking ratio of 4.5 spaces per 1000 square feet. • The applicant has contacted adjacent property owners to see if a shared parking arrangement could be entered into to provide either all or a portion of the desired parking, but they were not interested in shared parking. • One Oak Brook business owner (Krusinski Construction) submitted a letter and supporting graphics (not to scale) which supports the concert of placing additional parking spaces in the required front yard for 2021 Swift but objects to the scale of the request. • The Village Engineer has reviewed and has recommended approval of the proposed parking lot improvements (see attached memorandum). RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on a request for a variation. Please include in your consideration your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address these standards (see the case file). Those standards are: "Section 13-14-6 D. Standards: 1. The Zoning Board of Appeals shall not recommend a variation of the provisions of this Title as authorized in this Section unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that: 2 STAFF REPORT - CANTORE-2021 SWIFT DRIVE -VARIATION-PARKING FRONT YARD CASE No: 2012-11-ZO-VAR a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. b. The plight of the owner is due to unique circumstances. c. The variation, if granted, will not alter the essential character of the locality. 2. For the purpose of supplementing the above standards,the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant,have been established by the evidence that: a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property." CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for a variation to the Zoning Ordinance for the property located at 2021 Swift Drive, a recommendation would be in order to approve the request subject to the following condition: 1. The proposed parking and landscaping shall be constructed in substantial conformance to the approved plans. 2. Add the condition "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." However, if you determine that the petitioner has not satisfied the required standards for a variation,the request should be denied. 3 • • STAFF REPORT - CANTORE-2021 SWIFT DRIVE -VARIATION-PARKING FRONT YARD CASE No: 2012-11-ZO-VAR Findings of fact, which are the basis of the Zoning Board of Appeals determination, should be stated as part of either motion. The recommendation may state any conditions reasonably related to the petition, which the Zoning Board deems necessary to,protect the public interest. Respectfully Submitted, sf Robert L. 'Mallien Jr., E Direct of C unity Development I 4 G�O F 0,4 P Bq o O y G O V 9CFC�UN7v VILLAGE OF OAK BROOK Interoffice Memorandum DATE: July 15,.2012 TO: Bob Kallien, Director of Community Development FROM: Mike Hullihan,Village Engineer SUBJECT: 2021 Swift Drive; Proposed Parking Lot Expansion Engineering Department has reviewed the subject plan. There are no stormwater issues with the plan. The Engineering Department will review the construction permit at the time of submission. No major issues are envisaged. uia t-onsornium—iviapvince rage i of ;W 'corlaortfum. MapOffice", MEm�P By j4 r Xi t � p `w < J sy� • ��"� i6` Iv '' 1 �� -� � .a4 rR'y^fir. r 2211d St M <)2U12G' sc�" ° f�dMG Th r fdi ble fo,atry a aiisi modification or disclosure of any map pl:ovided under applicable law. http://gis/mapoffice/PrintViewA4P.aspx?usecase=&layout=default&tp=web&map=photo... KRUSINSKI CONSTRUCTION COMPANY General Contractors 2107 Swift Drive Oak Brook,Illinois 60523-1581 June 13,2012 www.krusinski.com TEL 630-573-7700 FAX 630-573-7780 Mr. Robert L. Kallien,Jr. VILLAGE OF OAK BROOK Citadel group 1200 Oak Brook Road Oak Brook,Illinois 60523 Re: Application for Parking Variance 2021 Swift Drive Dear Mr. Kallien, Our business resides in the Village of Oak Brook and we own our building at 2107 Swift Drive. As you know, we are very active within the community,The Greater Oak Brook Chamber of Commerce and a strong advocate of business growth for the area. We have reviewed the application for variance at 2021 Swift Drive, (the building to the north of our property) and hereby request the variance is not approved as submitted. We are concerned the proposed parking expansion exceeds a reasonable amount of land coverage area, effectively covering the entire parcel with impervious building or parking area. This will also set a dangerous precedent for other buildings on Swift Drive. (See attached—Aerial View) As proposed,the parking expansion greatly reduces the landscape area almost in its entirety and provides minimal setback between the property line and back of curb. From a practical standpoint,this will not allow the proposed 4' high berms to be constructed and leaves minimal area for snow plow stock piles to occur. (See attached—Site Coverage Aerial) We would support a parking variance that addresses the above referenced concerns allowing the parking capacity at 2021 Swift Drive to increase. A diagranunatic drawing is provided as a reference to the parking expansion that we would support. (See attached—Recommended Parking Layout) Vely,J President and COO j enykQ,krusinski.com Petition for Parking Expansion at 2021 Swift Drive R x �D y 1 0, Yrd: Aerial View — Swift Drive e� • i r. s r s Site Coverage Aerial — 2021 Swift Drive Proposed 4' High Landscape Berm. Existing Mature Tree to Remain Proposed Landscape Area between Parking & Building (5' Minimum) sn- g e { • v r . { t . i re S: r ` 1 € .� 3; „ '�N Recommended Parking Layout — 2021 Swift Drive — (Not to Scale) 6� O F O q S' • • �•Q' 6,9 � o a e O y G A r = 0DUN14 Village of June 1, 2012 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident/Property Owner: website www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a variation as requested below at its meetings scheduled on the reverse side of this Administration 630.368.5000 notice. FAX 630.368.5045 The application has been filed by: Joseph F. Cantore Community 925 South Route 83 Development Elmhurst, Illinois 60126 630.368.5101 FAX 630.368.5128 The property in question is located at: 2021 Swift Drive Engineering Department Relationship of applicant to property: Owner 630.368.5130 FAX 630.368.5128 Property Owner: Same Fire Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.368.5200 FAX 630.368.5250 determining your relationship to the property in question. Police Department The petitioner has submitted an application seeking approval of a variation to allow 630.368.8700 an additional 44 parking spaces in the required front yard. FAX 630.368.8739 If you desire more detailed information, please contact the Community Development Public Works Department Department at 630-368-5103 between 8-4, Monday through Friday. 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brook Public Library Robert L. Kallien6un' AICP 6 00 Oak Brook Road Director of Com elopment Oak Brook,IL 60523-2200 630.368.7700 RLK/g p FAX 630.368.7704 Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 PUBLIC NOTICE • NOTICE IS HEREBY 31VEN that a public hear- ng before the Zoning Board )f Appeals of the Village of Dak Brook DuPage and -ook Counties,Illinois,will )e held on Tuesday,June 19, `el at 7: p.m. dtheSam- CERTIFICATE OF PUBLICATION )el E.Dean Board Room of he Butler Government Cen- 200 Oak Brook ORoatl Brook, Paddock Publications,Inc. 3rook,Illinois 60523 for the )urpore of considering ou h Rot the � � application from Joseph F. .antore,925 South Route 83, Illinois 60126, )wner of the property lo- :aced at 2021 Swift Drive, yak Brook, Illinois 60523. the applicant r seeking a Corporation organized and existing under and by virtue of the laws of lariat on as provided for order Title the Zoning Ordinanceof the Village of the State of Illinois)DOES HEREBY CERTIFY that it is the publisher e Dak Brook, Illinois, Ordi- )ance G-60 as amended. of the DAILY HERALD.That said DAILY HERALD is a secular the petitioner has submit- ed an application seeking newspaper and has been circulated daily in the Village(s)of ipproval of a variation to al- ow an additional 44 parking Addison,Bensenville,Bloominjzdale,Carol Stream,Glendale Heights, ,paces to be located in the )roperetr front d r at(2021 Glen Ellyn,Itasca,Keeneydlle,Lisle, Lombard,Medinah,Naperville, Odl Drive. Oak Brook,Oakbrook Terrace,Roselle,Villa Park,Warrenville, 411 persons desiring to be )ortuntyl oedofso and m v West Chicago,Wheaton,Winfield,Wood Dale submit their statements )rally or in writing or both. the hearing may be re- :essed to another date if no- 'ice of time and place ,hereof is publicly on- iounced at the hearing or is Jtven by newspaper publi- :afion not less than five(5) Jays prior to the date of the •ecessed hearing. the subject property is lo- ,ate at 2021 Swift Drive in Dak Brook, Illinois and the egal description is as foI- ows: _OT 1 IN STALEY-ANKER iUBDIVISION IN SEC- MON 24, TOWNSHIP 39 NORTH RANGE 11,EAST DF THE THIRD PRINCI- DAL MERIDIAN, AC- =ORDING TO THE PLAT rHEREOF RECORDED JANUARY 13, 1971, AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLI- NOIS the p S petitioner's p County(ies)of DuPage T'he petitioner's application 'ncluding all supporting doc- Jments is on file with the DI- and State of Illinois,continuously for more than one year prior to the -attar t. arsons iry wishing to date of the first publication of the notice hereinafter referred to and is of )pment.Persons wishing to >xamine the petition docu- ments may arrange to do so general circulation throughout said Village(s),County(ies) and State. Nith the Community Devel- )pment Department VII- age of Oak Brook,1260 Oak Brook Road,Oak Brook,IL 60.523, telephone 630abe- I further certify that the DAILY HERALD is a newspaper as defined in In0 accord with the orovi- "an Act to revise the law in relation to notices" as amended in 1992 ;ions of the American with Disabilities Act, any indi- Illinois Compiled Statutes,Chapter 7150,Act 5,Section 1 and 5.That a 4dual who is in need of a in order le accommodation notice of which the annexed printed slip is a true copy,was published �n order to participate In or � nis Pufrom eetingashould June 1,2012 in said DAILY HERALD. :ontact the Village's ADA coordinator, at 630-3685022 3s soon as possible before the meeting date. IN WITNESS WHEREOF,the undersigned,the said PADDOCK harlotte Pruss Village Clerk PUBLICATIONS has caused this certificate to be signed by,published at the direction of )Inc., yv the Corporate Authorities )nd the Zoning Board of Ap- authorized agent,at Arlington Heights,Illinois. Deals of the Village of Oak Brook DuPage and Cook oubllsh d Illinois.I Dol PADDOCK PUBLICATIONS,INC. VPUblished in Daily Herald June t,2012(43o3170) DAILY HERALD NEWSPAPERS BY Authorized Agent Control#4303170 • • of this motion, the Court of the Appeals recently dismissed the case. This agreement ends a long dispute between the parties. He also stated in order to avoid prolonged litigation and attorney fees, the Village, DHA and FPD agreed to drop all claims against each other in a joint motion for dismissal. President Lalmalani stated he is happy to report that the Board of Fire and Police Commissioners voted to promote Firefighter/Paramedic Mike Erickson to the rank of Fire Lieutenant. Lieutenant Erickson was sworn-in yesterday. He asked everyone to join the Board in congratulating him on his new position. Lastly, President Lalmalani stated that there is an unexpected vacancy on the Board of Fire and Police Commission. He stated that if anyone is interested in applying for an appointed position to the Board of Fire and Police Commission, or any other appointed boards, commissions or committees, to please fill out the appointment application and submit it to the Managers Office, attention Village President. Forms can be found on the Village web page www.oak-brook.or or at Village Hall. 4. RESIDENTNISITOR COMMENT–None 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 22, 2012 Motion by Trustee Yusuf, seconded by Trustee Wolin to approve the minutes of the Regular Board of Trustees Meeting of May 22, 2012 with corrections. VOICE VOTE: Motion carried. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending June 8, 2012 - $2,877,120.75 Significant Items included in Above: 1) Seyfarth, Shaw, LLP -Legal Services–April, 2012 - $1,490.25 (FY12–YTD - $56,870.34) 2) Holland&Knight, LLP–Legal Services–March, 2012 - $14,385.05 (FY12–YTD - $47,650.29) 3) Rathje&Woodward, LLC–Legal Services–May, 2012 - $3,333.33 (FY12–YTD - $16,690.36) TOTAL LEGAL BILLS PAID FOR 2012 - $174,161.06 4) Illinois State Toll Highway—I88/York to Rt. 83 - 4th Payment per IGA- $1,670,000.00 5) SKC Construction, Inc.–2012 Crack Seal Project–Payout#2 &Final - VILLAGE OF OAK BROOK MINUTES Page 2 of 13 REGULAR MEETING OF JUNE 12,2012 3, $69,340.15 6) Vian Construction—2012 Water Main Replacement Project- Payout#1 - $166,379.13 7) J.A. Johnson Paving Co. —2012 Paving Project—Payout#1 - $307,421.46 8) James D. Fiala Paving Co.—2011 Miscellaneous Paving Project—Payout#3 & Final - $39,530.29 B. Approval of Payroll for Pay Period Ending May 26, 2012 - $616,446.14 oc-z Community Development Referrals 1) antore—2021 Swift Drive—Variation 2) Templeton Woods—Approximately—Map Amendment and Final Plat D. Authorization to Seek Bids or Proposals or Negotiate Contracts—NONE E. Budget Adjustments -NONE F. Ordinances &Resolutions 1) RESOLUTION 2012-AG-PW-WA-METR-R-1183, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between The Village of Oak Brook and Aclara Technologies, LLC 2) ORDINANCE 2012-ZO-V-EX-S-1339, An Ordinance Granting a Variation from the Provisions of Section 13-3-5 of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to Setback Requirements at 12 Chatham Lane in the Village of Oak Brook 3) ORDINANCE 2012-ZO-V-EX-S-1340, An Ordinance Granting Variations from the Provisions of Section 13-3-5 and Section 13-6C-3F.2 of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to Setback Requirements at 606 Midwest Club Parkway in the Village of Oak Brook 4) ORDINANCE 2012-ZO-V-EX-S-1341, An Ordinance Granting Variations from the Provisions of Sections 13-6B-3F.1 13-6B-3F.2(a) and 13-3-6A.3(b), of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to Setback Requirements at 506 Wood Road in the Village of Oak Brook 5) RESOLUTION 2012-AG-ITECH-ADJUD-EX2-R-1184, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of Agreements for the Purchase of Vehicle Parking and Local Code Enforcement Software and Fine Collection Services VILLAGE OF OAK BROOK MINUTES Page 3 of 13 REGULAR MEETING OF JUNE 12,2012 • vPG� OF Oq k p 0 O v� G O 9 i v e OOUN14,�v AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2012 SUBJECT: Referral - Cantore -2021 Swift-Variation FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board of Appeals for public hearing and recommendation. Background/History: Joseph Cantore, owner of the building and property at 2021 Swift Road has submitted a petition seeking approval of variation in order to construct additional parking spaces in the required front yard to serve a new tenant. At the present time, the building does not meet the required parking ratio for an office use. Recommendation: Please refer the request for a Variation to the Zoning Board of Appeals for public hearing and recommendation. BOT-Referral-Cantore-2021 Swift-VAR-June2012.doc • Nterling Loctitiers,Inc. Page 4 of 6 G. Computation: When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half(1/2) or less may be disregarded while a fraction in excess of one-half(1/2) shall be counted as one parking space. �I- In Yards: Off-street parking spaces, open to the sky, in nonresidential districts, may be located in required interior side yards and rear yards, no less than ten feet (10') from the nearest lot line, except a parking area containing four (4) or more parking spaces shall be not less than forty feet (40') from an adjoining residence district boundary; provided, however, that: 1. On any lot in a 131 local shopping center district and a B3 general business district, the required off-street parking spaces may be located in a front yard or side yard adjoining a street not less than ten feet (10') from a street line; 02. On any lot in ORA1 or ORA2 office-research-assembly district and an 03 or 04 office district, not more than ten percent (10%) of the required off-street parking spaces, not to exceed six (6) spaces, may be located in a required front yard or along the side of the building adjoining the street and not less than twenty five feet (25') from a street line or fifty feet (50) from the street lines of Cermak and York Road; and 3. On any lot in an ORA3 office-research-assembly district, the location of off-street parking spaces shall be controlled by subsection 13-10C-4E of this title and not the provisions of this subsection H. I. Parking Of Certain Commercial Vehicles And Equipment In Residence Districts Prohibited: No motor vehicle bearing ambulance, funeral home, livery, taxi or tow truck state license plates shall be stored or parked on any lot in any residence district, unless such motor vehicle(s) is wholly enclosed in a building or such vehicle is being used in connection with a legitimate service actually being rendered for the benefit of such lot. No motor vehicle having a gross vehicle weight (including vehicle and attached equipment and maximum load)3 in excess of eight thousand (8,000) pounds, except vehicles registered as recreational vehicles under the Illinois motor vehicle code, and no contractor's equipment, supplies or tools, shall be stored or parked on any lot in any residence district, unless: 1. Such vehicle, equipment, supplies or tools are wholly enclosed within a building; or 2. Such vehicle, equipment, supplies or tools are being used in connection with a legitimate service actually being rendered for the benefit of such lot. J. Collective Provision: Off-street parking facilities for separate uses located in a principal building on a single parcel may be provided collectively if the total number of spaces so http://www.sterlingeodifiers.com/codebook/printnow.php - VILLAGE OF AK BROOK 1200 OAK BROOK ROAD OAK BROOK, IL 60523 630-990-3045 PEMON APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ® VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) ❑ CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) Fi� -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF SUBJECT PROPERTY 2021 Swift Drive PERMANENT PARCEL NO*P6 24 402 028 LOT NO.1 SUBDIVISION Staley-Anker LEGAL ADDRESS* 2021 Swift Drive ZONING DISTRICT ORA-1 ZONING ORDINANCE SECTION 13-12-3 Off Street Parking Regulations ACTION REQUESTED Develop the front yard area of the lot for 44 additional parking stalls. PROPERTY INTEREST-OF APPLICANT: OWNER�_ CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Jose F. Cantore PHONE (630)832-8600 ADDRESS 925 S. Route 83 CITY Elmhurst STATE IL Zip 60126 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Joseph F. Cantore PHONE (630)327-3284 ADDRESS 925 S. Route 83 CITY I Elmhurst STATE IL ZIP 60126 Contact Name and E-mail Address(s) Brian Person, bdanp @cantoreandcompany.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I )give permission to the Village to install public hearing sign(s)on the lot fronta f the above subject property as described in the addition to the above fees,applicant agrees to reimburse the ViIlag r p ' ion costs within 30 days of billing. SigodU of Owner Date Sig u Applicant Date DO NOT WRITE IN THE SPACE BELOW-FOR OFFICE USE ONLY Date Filed 5' Fee Paid$ 4100 Receipt No. Received By Board of Trustees(Referral) �' - 1 Notice Published Newspaper Daily Herald Adj.Property Owners Notified �- PUBLIC HEARING DATES: Plan Commission /j/A, Zoning Board of Appeals a- Board of Trustees �'�0'��— Board of Trustees 4k_ (Approval of Ordinance) SIGNED-VILLAGE CLERK / Date May 22, 2012 Village of Oak Brook President and Board of Trustees Zoning Board of Appeal 1200 Oak Brook Rd. Oak Brook, IL 60521 Re: 2021 Swift Road, Oak Brook The ownership of the property mentioned above seeks relief with a variation of the parking requirements and requests the zoning board to grant relief in the form of permission to construct additional parking on the site. This Property was constructed in 1977. At that time, and with the tenant in the building,the parking lot was deemed adequate per building code. As the years progressed and the subject building on the property was added onto with a 6,000 square foot addition,the number of parking spaces, while still to code at the time,narrowly met the requirements of the tenant. When the tenant(Stone Container)moved out and the property was purchased by the current 00 ownership,the building was leased to a company with laboratory needs. Again,the staff of the otenant, Griffith Laboratories(and their subsidiary Innova), deemed the parking to be adequate, M although at the time of their move-in,requests were made to ownership that parking might o become an issue in the future with additional staffing needs. M j O Q Griffith(Innova)moved out of the property at the end of their lease approximately 4 years ago, �. consolidating their operations to a larger main facility, and the property has sat vacant since then. cThe motivating factor for Griffith's relocation was largely in part due to minimal on site parking capacities. N M 00 For the last 13 years,ownership has maintained and successfully leased the property. As Mcontinual consolidation among businesses continues, increased parking demands become an issue. The Village of Oak brook has addressed this by increasing the parking standards for all C° new construction. N r O cn There are several factors affecting leasing of the building that would be considered a hardship to O the ownership: z J J -Ownership has continually attempted to lease the building over the past 4 years,utilizing two different professional brokers, as well as direct inquiry to potential lessees by ownership. As of cc Z) this date, ownership has no pending leases for the property. r J W M co Joseph M N M CAMTORE -The current real estate broker has shown the property approximately 20 times to interested parties,but none have been able to make the property fit their business plan, due largely in part to the amount of parking spaces available. -The current minimum parking requirements set by the Village of Oak Brook for a commercial/industrial building requires 3.3 parking stalls per 1000 square feet of building. Using the current village minimum requirements,the parking lot is inadequate by 19 parking stalls, (a 38%deficiency when compared to similar buildings in the area), essentially tagging the parking lot as obsolete. -Ownership attempted to negotiate additional parking with the property immediately to the north, to no avail. -The percentage of the lot located in the front yard portion is high due to the configuration and placement of the building. The subject property has far more front yard area than comparable properties in the immediate neighborhood. -The existing parking lot along the east and south perimeter of the building has absolutely no room for expansion, and the area to the north is utilized for storm water detention, leaving the front yard area the only option to obtain additional parking. -Ownership did not construct the building. 0 0 o - Through recent negotiations with prospective tenants,they acknowledge that if ownership is M able to obtain a variance for additional parking they will strongly consider leasing the property. 0 The ownership of the property believes that if additional parking was present,the property would x have been leased years ago. All of the other elements are present for a desirable business location, such as proximity to all major area highways, low tax rates, a quiet commercial/office C) community, and being located in the premier municipality in the area. to MThis ongoing parking hardship in excess of 4 years is greatly impacting ownership's desire to Co remain in Oak Brook and provide a fully leased building. 0 M We respectfully request a variance be granted allowing additional parking be constructed to N conform to current minimum parking regulations,thus greatly increasing ownership's ability to C) lease the property which in turn will be an asset for the community. U) Z Sincerely J J cc D gJoseph F. Cantore J W M 0 cc Joseph 6 N CAMTORE �-1 VARIATION STANDARDS 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: Abiding with the current regulations governing the district where the building is located, the building is unable to yield a reasonable return. It has become apparent that only through obtaining a parking variance ownership will have an equal opportunity to lease the building. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: For the prosperity of the building and to further the community development within the village we require a unique parking variance. As is stands the building has sat vacant for the previous four years. Two professional real estate agents were unsuccessful finding a tenant for the building, mainly due to the lack of parking. Using the current village parking requirements for commercial property, ownership's building is deficient by 19 parking stalls, essentially deeming it obsolete. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: If granted, our variation will not alter the essential character of the locality. We believe that our requested variance can enhance the overall appearance with landscaping and furthermore we are prepared to work with the village to ensure an esthetically pleasing result. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: A definite hardship would be brought upon the owner if the parking lot variance were not granted. Due to the shape of the lot and the location of the building, the front yard area is the only location to obtain additional parking. The building location is set back from the front yard leaving no parking expansion possibilities to the south or east. Just north of the building there is storm water detention disallowing any parking. Expanding the parking lot to the west or the front yard area is the only option. • • 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The village has allowed parking variations for similar buildings in the past. However, our current parking situation and hardship remain unique to our site configuration. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: Granting our request for variation will in no facet be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which our property is located. 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: Our proposed variation will not impair an adequate supply of light and air to adjacent property, or subsequently increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The purpose of this variance is not based upon a desire to increase profit from the building. As a result of the requested variance we can convert a detrimental building into a functional laboratory which in turn can increase the local property values. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: Ownership's difficulty or hardship has not been created by any person presently having an interest in the property. Ownership's hardship is derived from the current market parking requirements as well as requirements set forth by the village. Due to the shape and building placement ownership can only overcome said hardship with permission from the village in the form of a parking variance. ° 10396 FIFTH THIRD BANK CANTOAt ENTERPRISES ELMHURST,0 60126 825 S.ROUTE 83 70-5961719 ELMHURST, IL 60126' 511612012 • t J $ **800.00 t PAY TO THE VILLAGE OF OAK BROOK.' ORDER OF ° DOLLARS E Eight Hundred and 001100' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD =, OAK BROOK,IL 60522-5033 MISCELLANEOUS PAYMENT RECPT#: 186533 g MEMO 2021 SWIFT VARIANCE VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 06/12/12 TIME: 08:40 CLERK: pfinaldi DEPT: CUSTOMER#: 0 INFO: ZONING 4302 ZONING/SUBDIVIS 800.00 AMOUNT PAID: 800.00 PAID BY: CANTORE ENTERPRISES PAYMENT METH: CHECK 10396 REFERENCE: AMT TENDERED: 800.00 AMT APPLIED: 800;00 CHANGE: i D I ' I 10 Certification Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The Property owners as listed have been obtained from the Township Assessors office within 30 days of the fling of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Joseph F. Cantore Joseph F. Cantore Printed N e of Owner Printed Na Applicant 5-/115-/;?- S-/5-/a- Sign wner Date SignaturdWApplicant Date BILL TO INFORMATION: Cantore Construction Brian Person (630)327-3284 Print Name/Company Contact Person Contact Phone 925 S. Route 83, Elmhurst, IL 60126 6308328600 Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC BEARING Vaetation Packet • • NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER NUMBER Joseph Cantore Joseph F. Cantore 2021 Swift Drive 06-24-402-028 925 S. Rt.83 Elmhurst, IL 60126 HDG Mansur Investment HDG Mansur Investment 2100 Swift Drive 06-24-402-014 10 W. Market St. 10 W. Market St. Indianapolis, IN 46204 2107 LLC 2107 LLC 2107 Swift Drive 06-24-402-015 2107 Swift Drive Oak Brook, IL 60523 ADT Security Services, Inc. ADT Security Services, Inc. 2010 Swift Drive 06-24-402-025 Property Tax Department PO Box 5006 Boca Raton,FL 33431 Commonwealth Edison Commonwealth Edison Co. 2011 Swift Drive 06-24-402-027 Attn. Property Tax Mgr. 3 Lincoln Center Oakbrook Terrace, IL 60181 SMS Holdings, Inc. SMS Holdings, Inc. 2020 Swift Drive 06-24-402-036 2020 Swift Drive Oak Brook, IL 60523 Catholic Cemeteries Catholic Bishop Chicago 1400 S.Wolf Rd 15-30-301-017-0000 Catholic Cemeteries Hillside, IL 60162 15-19-300-001-0000 835 Rush St. 15-19-300-003-0000 Chicago, IL 60611 15-19-301-004-0000 15-19-301-005-0000 15-19-301-006-0000 15-19-301-007-0000 15-19-301-008-0000 Catholic Cemeteries Catholic Bishop Chicago 1130024 1h St. 15-30-301-013-0000 Catholic Cemeteries 1130124`h St. 15-30-301-011-0000 835 Rush St. Westchester, IL 60154 Chicago, IL 60611 SubOt Property Verificatie (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 24 402 028 2. Common Address: 2021 Swift Drive 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanekCaD-oak-brook.ora LOT 1 IN STALEY-ANKER SUBDIVISION IN SECTION 24,TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1971,AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLINOIS The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: JAN Date called: 04/30/2012 1 verify that the information provided above is accurate. Brian Person Printed Name Signature Date: 04/3012012 Relationship to Applicant: None DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By. Date PUBIX NEARING VariaNen Packet I 1 t , Existing Aerial View of Site .� ORA-1 4' high berm 4 �t �. . � _ Zoning with shrubs ; above plus � five 1 112" . Cantore caliper trees - - Construction and four 314" 630-832-8600 caliper trees. . . .. ., Ar-K-Teks Existin g sign n 847-215-9214 _ & landscape , _ Bono Consult • bed to remain , I •� 847-823-3300 6 spaces are allowed plus '� ` ;' 50 Existing 43 proposed c� � �i Parking 8'-6" x 1T-6" Swift Spaces + reg. spaces + Drive rIP loading 2 handicap ¢. 4 : �:� space spaces 4 ' LI 2021 Swift Drive parking expansion for Genesis Clinical Laboratory, Oak Brook