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S-1275 - 01/12/2010 - ZONING - OrdinancesORDINANCE 2010- ZO- SU- V -EX1 -S -1275 AN ORDINANCE APPROVING A SPECIAL USE AND VARIATIONS FOR DEVELOPMENT OF A MEDICAL OFFICE BUILDING ON THE PROPERTY COMMONLY KNOWN AS 1800, 1802 AND 1806 YORK ROAD IN THE VILLAGE OF OAK BROOK (PIN 06 -24- 303 -002, 06 -24- 303 -009 and 06 -24- 303 -011) WHEREAS, an application has been filed by York Road Development Partners, LLC (the "Petitioner "), the contract purchaser of certain property commonly known as 1800, 1802 and 1806 York Road (the "Subject Property ") which is legally described in Exhibit A attached hereto and incorporated herein by reference, and WHEREAS, the Petitioner filed a petition requesting the Village to grant a special use, and to grant various variations to allow the development of a medical office building on the Subject Property, and WHEREAS, at its meeting on October 15, 2009, the Plan Commission reviewed the request for the special use and found that the applicant had addressed and satisfied the requirements for the requested relief, and WHEREAS, by a vote of 7 to 0, the Plan Commission recommended approval of the proposed special use, and WHEREAS, on November 3, 2009, the Zoning Board of Appeals conducted a public hearing on the request for the special use and variations, pursuant to due and appropriate legal notice and found that the applicant had addressed and satisfied the requirements for the requested relief, and WHEREAS, by a vote of 7 to 0 the Zoning Board of Appeals recommended approval of the proposed map amendment, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission and Zoning Board of Appeals and deem the special use and variations, 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 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is granted a special use to allow the development of the Subject Property with an approximately 74,000 square foot Medical Office Building subject to the following conditions a The parcels that constitute the Subject Property shall be consolidated prior to the issuance of a building permit b The Medical Office Building shall not contain a surgical center c The Petitioner shall comply with Section 3002 4 of the 2006 International Building Code with respect to the specifications for the elevator car to "be of such size Ordinance 2010- ZO- SU- V -EX1 -S -1275 1800, 1802 and 1806 York Road Special Use and Variations — Medical Office Building Page 2 of 6 and arrangement to accommodate a 24 -Inch by 84 -Inch ambulance stretcher in the horizontal, open position " d The accessory traffic control and access Improvements shall be sufficient for fire apparatus access, public safety access and general public access and are to be Included in the building permit application e The development of the Subject Property shall be in substantial conformance with the site plan and landscape plans as submitted by the Petitioner and approved f The Petitioner shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived by this ordinance Section 3 The Petitioner is granted the following variations with respect to the development of the Subject Property with a Medical Office Building a A variation to section 13 -10E -3 of the Zoning Ordinance to permit an encroachment of approximately 15 feet into the 100 foot front yard setback to accommodate a building canopy b A variation to section 13 -10E -3 of the Zoning Ordinance to permit a reduction of the required 40 foot rear yard setback along 1 -88 to 20 feet c A variation to section 13 -10E -3 of the Zoning Ordinance to permit a reduction in the required 30 foot side yard setback to 5 feet along the south property line which abuts Illinois Toll Authority right -of -way d A variation to section 13 -12 -3 H 2 of the Zoning Ordinance to permit more than 6 parking spaces to be located 30 feet from the east property line and 5 feet from the south property line (approximately 51 spaces) e A variation to section 13 -12 -7 of the Zoning Ordinance to reduce the number of required loading berths from 2 to 1 that shall be located along the south property line f A variation to 13 -12 -4 C of the Zoning Ordinance to reduce the requirement for landscaped parking lot islands located above a structured parking facility g A variation to 13 -12-4 B of the Zoning Ordinance to eliminate the required landscaping along the north property line of the Subject Property Section 4 The variations described in Section 3 are subject to the following conditions a The project will be developed in substantial conformance with the plans as depicted in the case file b The Petitioner shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived by this ordinance Section 5: 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 Ordinance 2010- ZO- SU- V -EX1 -S -1275 1800, 1802 and 1806 York Road Special Use and Variations — Medical Office Building Page 3 of 6 Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 12th day of January, 2010 PASSED THIS 12th day of January, 2010 Ayes Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis Nays None Absent None ATTEST ,4<7 Charlotte K Pruss Village Clerk Ordinance 2010- ZO- SU- V -EX1 -S -1275 1800, 1802 and 1806 York Road Special Use and Variations — Medical Office Budding Page 4 of 6 Exhibit A The subject property located at 1800, 1802 and 1806 York Road is legally described as follows Address 1800 York Road PIN 06 -24- 303 -002 PARCEL 1 THE NORTH 65 FEET OF THE EAST 428 8 FEET OF LOT 1 IN HOEHN'S ASSESSMENT PLAT, OF PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70 0 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, A DISTANCE OF 67 36 FEET WEST OF THE SOUTHEAST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 175 98 FEET EAST OF THE NORTHWEST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, A DISTANCE OF 119 61 FEET EAST OF THE SOUTHWEST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, LYING BETWEEN A LINE JOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70 0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, A DISTANCE OF 67 36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO, AND 15 00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY), ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, IN DUPAGE COUNTY, ILLINOIS PARCEL 2 THAT PART OF THE NORTH 65 FEET OF THE EAST 428 8 FEET OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, LYING BETWEEN A LINE ADJOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70 0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, A DISTANCE OF 67 36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO AND 15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY, IN DUPAGE COUNTY, ILLINOIS Address 1802 York Road PIN 06 -24- 303 -009 PARCEL 1 THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT 1 WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, DISTANT 67 36 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, DISTANT 64 72 FEET, MORE OR LESS, WEST OF THE SOUTHEAST CORNER THEREOF) AND (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT Ordinance 2010- ZO- SU- V -EX1 -S -1275 1800, 1802 and 1806 York Road Special Use and Variations — Medical Office Building Page 5 of 6 1 WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, DISTANT 119 61 FEET EAST OF THE NORTHWEST CORNER TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428 8 FEET OF SAID LOT 1, DISTANT 63 24 FEET, MORE OR LESS, EAST OF THE SOUTHWEST CORNER THEREOF) ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542 IN DUPAGE COUNTY, ILLINOIS PARCEL 2 THE SOUTH 5 FEET OF THE NORTH 135 FEET OF THE EAST 428 8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 252 52 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER AND IN THE ESTABLISHED SOUTHEASTERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 131, THENCE SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS (IN THE SOUTHWEST QUADRANT), 979 86 FEET TO A POINT IN THE EASTERLY LINE OF THE TORODE ESTATE AND THE TERMINATION POINT OF SAID LINE ALSO EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 70 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, THENCE SOUTHERLY 295 82 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE SCHOOL LOT THAT IS 58 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST QUARTER AND THE TERMINATION POINT OF SAID LINE) ACCORDING TO THE PLAT RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542, IN DUPAGE COUNTY, ILLINOIS Address. 1806 York Road PIN 06 -24- 303 -011 PARCEL 1 THAT PART OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST % OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE SOUTH ON SAID EAST LINE, 135 0 FEET, THENCE CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT, THENCE WEST ON THE NORTH LINE OF SCHOOL LOT, 58 0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579 FOR A POINT OF BEGINNING, THENCE CONTINUING WEST ON SAID NORTH LINE OF SCHOOL LOT, 74 0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT, THENCE SOUTH ON THE WEST LINE OF SAID SCHOOL LOT, 65 0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOOL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785, THENCE WESTERLY ON SAID NORTH LINE, 361 32 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A SECOND TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY SAID DEED RECORDED AS DOCUMENT 792579, THENCE NORTHEASTERLY ON SAID EAST LINE, 168 37 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE WITH THE SOUTH LINE OF THE NORTH 135 0 FEET OF SAID LOT 1, THENCE EASTERLY ON SAID SOUTH LINE OF THE NORTH 135 0 FEET, AS DISTANCE OF 305 38 FEET TO THE NORTHWEST CORNER OF SAID FIRST TRACT OF LAND, SAID POINT BEING 64 5 FEET WEST OF THE EAST LINE OF SAID LOT1, THENCE SOUTH OF THE WEST LINE OF SAID FIRST TRACT OF LAND, 160 86 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS Ordinance 2010- ZO- SU- V -EX1 -S -1275 1800, 1802 and 1806 York Road Special Use and Variations — Medical Office Budding Page 6 of 6 PARCEL 2 THAT PART OF THE SOUTHWEST % OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF SAID SOUTHWEST %, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, RUNNING THENCE SOUTH ON THE EAST LINE OF SAID LOT 1, (BEING ALSO THE EAST LINE OF SAID QUARTER SECTION) 135 0 FEET, THENCE CONTINUING SOUTH ON SAID EAST LINE, 160 87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT, THENCE WEST ON THE NORTH LINE OF SCHOOL LOT 58 0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579, THENCE CONTINUING WEST ON SAID NORTH LINE OF SAID SCHOOL LOT, 74 0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT, FOR A POINT OF BEGINNING, RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID SCHOOL LOT, 65 0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOLL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785, THENCE SOUTHEASTERLY ALONG SAID NORTH LINE OF SAID TOLL COMMISSION PROPERTY, 66 14 FEET TO A POINT 94 95 FEET SOUTH OF THE NORTH LINE OF SAID SCHOOL LOT, THENCE NORTH 94 95 FEET TO SAID NORTH LINE OF SAID SCHOOL LOT, THENCE WEST ALONG THE NORTH LINE OF SAID SCHOOL LOT, 59 0 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS I FRED BUCHOLZ DUPAGE COUNTY RECORDER .16 AM FEB-01,2010 007 PAGES R2006-24-303-0652 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: AN ORDINANCE APPROVING A SPECIAL USE AND VARIATIONS FOR DEVELOPMENT OF A MEDICAL OFFICE BUILDING ON THE PROPERTY COMMONLY KNOWN AS 1800 1802 AND 1806 YORK ROAD IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 1800 1802 and 1806 York Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-224-303-002,06-24-303-009 and 06-24-303-011 Name and Address of Applicant: York Road Development Partners LLC 2610 Lake Cook Road, Suite 150, Riverwoods, IL 60015 Name and Address of Responsible: Rick Nelson York Road Development Partners, LLC Party to Receive Copy of 2610 Lake Cook Road Suite 150, Riverwoods, IL 60015 Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: F Village of Oak Brook 1200 Oak Brook Road t Oak Brook, Illinois 60523-2255 Name&Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: