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S-1348 - 09/25/2012 - ZONING-SPECIAL USE - Ordinances ORDINANCE 2012-ZO-SU-EX1-S-1348 AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW LEWIS UNIVERSITY TO OPERATE A POST BACCALAUREATE SCHOOL AT 111122 n,STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-200-008) WHEREAS, an application has been filed by Arden Realty, Inc., on behalf of Lewis University ("Petitioner"), requesting a special use permit to operate a nonresidential, post baccalaureate school ("Special Use Permit'l at 1111 22nd Street, Oak Brook, Illinois ("Property'l as legally described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Property is located in the ORA2 Office-Research-Assembly District ("ORA2 District'), and pursuant to Section 13-1013-2 of "The Village Code of the Village of Oak Brook", as amended ("Zoning Ordinance"), nonresidential, post baccalaureate schools may not be constructed in the ORA2 District except upon issuance by the Village Board of Trustees of a Special Use Permit; and WHEREAS, at its meeting on July 16, 2012, the Plan Commission reviewed the request for the Special Use Permit and found that the Petitioner had addressed and satisfied the requirements for the requested relief, and recommended that the President and Board of Trustees approve the Special Use Permit; and WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the request for the Special Use Permit, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily addressed the standards required for approval of the Special Use Permit and made specific findings, including that the Special Use Permit would be operated so that the public health, safety and welfare will be protected, and that there will be no substantial injury to other property in the neighborhood; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the Plan Commission and the ZBA and deem the Special Use Permit, 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 Special Use Permit. Pursuant to the standards set forth in Section 13- 14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow Lewis University to operate a nonresidential, post baccalaureate school at 1111 22nd Street in Oak Brook, Illinois. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Lewis University shall occupy approximately 28,630 square feet of space located at the Property in substantial conformance with the plans attached hereto and incorporated herein as Exhibit B; and Ordinance 2012-ZO-SU-EX1-S-1 348 Lewis University—111122"'Street Special Use—Non-residential School PIN:06-26-200-008 Page 2 of 8 B. Petitioner shall comply with all requirements of law, including without limitation federal, state, and local laws, ordinances, resolutions, and regulations relating to the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use Permit 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. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. 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 Petitioner 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 the Petitioner. 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 Petitioner 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-SU-EX1-S-1 348 Lewis University—111122nd Street Special Use—Non-residential School PIN:06-26-200-008 Page 3 of 8 APPROVED THIS 25th day of September, 2012. , 4� Gopal G. almalani Village President PASSED THIS 25th day of September, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Yusuf Nays: None Absent: Trustee Zannis ATTEST: / Charlotte K. Pruss Village Clerk \' J'i �� Ordinance 2012-ZO-SU-EX1-S-1 348 Lewis University—1111 22nd Street Special Use—Non-residential School PIN:06-26-200-008 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-26-200-008 The subject property is located at 1111 22nd Street in Oak Brook, Illinois Ordinance 2012-ZO-SU-EX1-S-1 348 Lewis University—111122 nd Street Special Use—Non-residential School PIN:06-26-200-008 Page 5 of 8 EXHIBIT B SITE PLAN By signkv the Customer Acceptance an this print,i urKwrstww that I x"mcce"no all aspects of this drawing.X This hick4as Artwork.SpecifFicadons,Dimerelore,spedinlL WW aN QVW representatlom hereki, 0 I—9ft urldmtwW trot mw rePred-4knu W this Print*m approxw-W and my not nw tch wwnuFw;t ara ftmon"Wft- Customer Acceptance SIGNATURE DATE lFaVuh?m Landlord Acceptance SIGNATURE DATE LS.G.SALES INITPU—DATF Undm"k WINDOWS 26-W ,gmufi R00FLINF 7424 Industrial Averm CheSWtork IN 46304 11 WIDt1e 21&7629577 fax 219.7624259 N II 11 -------------- ------ -------- -- -------- 3 Ir-1 I 11r LARRY YURKO L=SAM REPRESMATfIfil 08,07.12 DATE ---------- LEWIS UNIVERSITY CLEM PIANNE f II 1111 W.22nd ST. 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Y FR Y �X i • t� i 1 � x A + ?WA Ilat YS 41 r L S Ordinance 2012-ZO-S U-EX1-S-1 348 Lewis University—111122 nd Street Special Use—Non-residential School PIN:06-26-200-008 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 Arden Realty, Inc., on behalf of Lewis University ("Petitionet"), requesting a special use permit to operate a nonresidential, post baccalaureate school ("Special Use Permit") at 1111 22nd Street, Oak Brook, Illinois ("Property'l as legally described in Exhibit 1 attached hereto and incorporated herein; and WHEREAS, Ordinance No. 2012-ZO-SU-EX1-S-1348 adopted by the President and Board of Trustees of the Village of Oak Brook on September 25, 2012, ("Ordinance")grants approval of the Special Use Permit, subject to certain conditions, restrictions, and provisions; and WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner 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 Petitioner does hereby agree and covenant as follows: 1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner 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 Petitioner has considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner 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 the Property as a nonresidential, post baccalaureate school, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioner against damage or injury of any kind and at any time. 4. The Petitioner 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 Property or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Petitioner and its heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of(1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected.privilege or right. Ordinance 2012-ZO-SU-EXI-S-1348 Lewis University—111122 M Street Special Use—Non-residential School PIN:06-26-200-008 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT Property: LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-26-200-008 The subject property is located at 1111 22nd Street in Oak Brook, Illinois Ordinance 2012-ZO-SU-EX1-S-1 348 Lewis University—111122nd Street Special Use—Non-residential School PIN:06-26-200-008 Page 7 of 8 6. 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. IN WITNESS WHEREOF, executed this Unconditional Agreement and Consent on behalf of Lewis University on this day of 12012 LEWIS UNIVERSITY By: Its: State of Illinois ) County of DuPage ) I, a Notary Public in and for the County and State aforesaid do hereby certify that personally known to me, and that he/she appeared before me this day of 2012, and acknowledged that he/she personally executed this instrument. Notary Public Seal PLEASE NOTE: The Agreement, Resolution, or Ordinance is not a complete file, due to the fact that a Signed Signature page (or an Exhibit page) was not returned to the Clerk's Department.