S-1299 - 11/09/2010 - ZONING - Ordinances Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
September 14, 2010
ITEM lu.a.
SUBJECT: Tree House Foods Wall Signage — Commerce Plaza — 2021 Spring Road
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Concur with the Staff recommendation for Tree House to
Proceed with an Application for a Variation to Accommodate Wall Signage on the Building
located at 2021 Spring Road.
Background/History:
Staff has been in discussions with Mr. David Lind, CBRE who is the broker and representative
for Tree House Foods, which has signed a lease to occupy two full floors at the building located
at 2021 Spring Road. An important component of the Tree House deal is the ability to get wall
signage at the top of the eight story building they plan to occupy.
Mr. Lind has presented Staff with several signage alternatives (see attached). The first
alternative depicts a wall sign at the top of the southwest corner of the building. Because of the
building architecture, the signable area is quite small and results in a wall sign of less than 25
sq.ft., which is significantly less than the 140 sq.ft. maximum that is permitted by our sign code.
The second alternative depicts a wall sign in the same location but breaks up the Tree House
name onto two adjacent wall panels. Even though this sign is larger and still meets the sign
code, Mr. Lind has indicated that Tree House is unhappy with the overall look of that "split'
signage arrangement.
The third and final alternative that has been suggested is to locate the Tree House name on the
roof -top mechanical /penthouse. The roof -top mechanical /penthouse appears to be approximately
15 -feet in height and is finished with the same materials as the rest of the building.
AM
BOT -Final Direction -Tree House Foods Signage- Sci,0010.doc
A sign located on the roof -top mechanical /penthouse is in conflict with the Village's sign code.
Section 13- 11 -10: Signs shall be permitted in the 134, 03, 04, ORA1 and ORA2 districts as
follows states that:
"E. Maximum Height Of Signs Permitted:
4. Wall Signs: No wall sign shall extend beyond the roofline or parapet of the building to
which it is affixed. No wall sign shall cover any architectural features (architectural
features shall include, but not be limited to: pediment, cornice, belt course, pier,
windows, pilaster, roof, decorative stone or tile inlay, kick platelbulkhead, raised or
colored brick pattern, and corbel) of the building to which it is affixed. No wall sign shall
be affixed to HVAC screening, elevator overrun, or other features protruding from the
roof of the structure, with the exception of building parapets which have been designed
and integrated into the building's architecture and which are in line with and not set back
from the perimeter facade of the building. For ground floor restaurants requiring a special
permit, wall signs shall be no higher than thirty feet (30') in height and located only on
the first floor of the building."
Considering the needs of Tree House against the Village's sign code, it would appear that there
are four (4) options available to Tree House Foods regarding wall signage:
1. Live within the limit of the code which would result in a wall sign of approximately 30-
sq.ft. in size.
Staff Comment — Based on the size and height of the building, a 25 sq ft. wall sign
appears to be too small.
2. Construct a parapet wall above the existing roof -line.
Staff Comment — This may be an expensive solution that would also need to be done on
the two adjacent buildings that make up the Commerce Plaza complex. Also, the
overall building architecture may make this a difficult option to accomplish.
3. Request a text amendment to change the code to permit signage on roof -top mechanical
rooms.
Staff Comment— This amendment may result in some undesirable consequences if
permitted by right on all buildings. Some roof -top mechanical rooms are poorly
located and designed As such, signage that would be attached may be unsightly.
4. Request a variation to the above referenced section to permit a wall sign on the roof -top
mechanical /penthouse for the building located at 2021 Spring Road.
Staff Comment — Based on the building design, there is some hardship present that
limits this building from placing adequate wall signage at the top of the building.
Because the roof -top mechanicaUpenthouse for this building is of the same finish as
BOT -Final Direction -Tree House Foods Signage- Sep@010.doc
the building and appears to "architecturally fit" within the overall building design,
signage placed at this location does not appear to negatively impact the adjacent uses.
It should be noted that wall signage already exists on the roof -top units of two
buildings in Oakbrook Center, the Citibank building located at 1900 Spring Road and
the Renaissance Hotel located at 2020 Spring Road. Those two signs were permitted
under our previous sign code.
I have reviewed this matter with Attorney Sterk and he concurs with my analysis of the current
sign code and recommended course of action to seek a variation as discussed in option 4.
Recommendation:
Since signage is extremely important to Tree House, and Tree House is an important addition to
the Oak Brook community, it would be appropriate for the Village Board provide some
assurances that there is support for the recommended process to obtain a variation in order to
secure appropriate levels of wall signage on the building located at 2021 Spring Road. If Tree
House is able to submit the required information for a variation by the end of September, a
public hearing would be held by the Zoning Board of Appeals on November 2 "d, and be
approved by the Village Board at their November 9, 2010 meeting.
Attachments
Rlk
BOT -Final Direction -Tree House Foods Signage- Sept2010.doc
k
{ .i
�:.
K '1
1
}::.
���
;.�
W p
�"
e.w
e�
r �
� a �
�� Its _� a. �.. � •E .��,��"; . ,; � �. ,. M.
`?� nGri
,,
_ .. t, � , � a_.
r
1
1 t
t � —+L
�j
`" �, ;
Special Service Area No. 1 by the Village of Oak Brook for Construction Sanitary
Sewer and Highway improvements, and providing for a Public Hearing and Other
Procedures in Connection Therewith
G. BRI17WOOD CREEK SUBDIVISION EXTENSION OF COMPLETION DATE
H. NORCOMM CONTRACT
1. CANCELLATION OF THE NOVEMBER 23, 2010 REGULAR BOARD OF
TRUSTEES MEETING
Motion by Trustee Saiyed, seconded by Trustee Zannis to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed. Wolin, and Zannis
Nays: 0 — None
Abstain: 0 —None
Absent: 0 — None
Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA
Items #6A3, 6A4 and 6171 were removed by Trustee Zannis for further clarification from
Finance Director Sharon Dangles and Public Works Director Michael Hullihan for
transparency purposes.
Motion by Trustee Zannis, seconded by Trustee Moy to approve items removed from the
consent agenda.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carved.
3. BOARD & COMMISSION RECOMMENDATIONS
A. TREE HOUSE — ARDEN REALTY — 2001, 2015 AND 2021 SPRING ROAD —
VARIATION — SIGN REGULATIONS — SECTION 13- 11 -10EA — WALL SIGN
1) ORDINANCE 2010- ZO- V -EXI- 51299, AN ORDINANCE GRANTING A
VARIATION TO ALLOW WALL SIGNS ABOVE THE ROOFLINE OF THE
BUILDINGS AT 2001, 2015, AND 2021 SPRING ROAD
Presented by Trustee Moy, Trustee Moy stated that this is a request for variance on
signage. He stated that Tree House Foods is moving their headquarters to Oak Brook and
the building has a very unique frontage that does not allow for adequate signage. Tree
House Foods is requesting that the sign be put on top of the mechanical penthouse.
VILLAGE OF OAKBROOK MINUTES Pagc4 o(8 REGULAR M EETING OF NOVEMBER 9.20 10
Trustee Aktipis asked if staff has seen a plan on the mechanicals of how the sign will be
supported. Community Development Director Kallien stated that he does not envision any
problems With the sign.
Chris Lowe from Ardin Realty addressed the concerns of Trustee Aktipis.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation of
the Zoning Board of Appeals and approve the requested variation in order to place wall
signage above the roofline of the buildings located at 2001, 2015, and 2021 Spring Road
and approve attached Ordinance S -1299.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
B. VILLAGE OF OAK BROOK — 1200 OAK BROOK ROAD — TEXT AMENDMENTS
AND SPECIAL USE— VILLAGE OWNED COMMUNICATION TOWER
1) TEXT AMENDMENTS —AMEND SECTION 13 -6A -2 AND SECTION 13 -6A -3
OF THE ZONING ORDINANCE TO INCLUDE TEXT RELATING TO
VILLAGE OWNED COMMUNICATION TOWERS
a) ORDINANCE 2010- ZO -TA -G -938, AN ORDINANCE APPROVING A TEXT
AMENDMENT TO SECTION 13 -6A -2B AND SECTION 13- 6A -3D -2 OF THE
ZONING ORDINANCE
2) SPECIAL USE— AMEND SPECIAL USE ORDINANCE S -972 TO ALLOW THE
CONSTRUCTION OF A VILLAGE OWNED COMMUNICATION TOWER AT
1200 OAK BROOK ROAD
a) ORDINANCE 2010- ZO -SU -S -1300, AN ORDINANCE AMENDING AN
ORDINANCE GRANTING A SPECIAL USE FOR A VILLAGE OWNED
COMMUNICATION TOWER FOR THE PROPERTY AT 1200 OAK BROOK
ROAD
Presented by Trustee Moy. Trustee Moy stated that this is a request to increase the height
of the Village's communication tower by AT &T. He stated that the tower was built in 2007
by Sprint. He stated that AT &T proposed to add 15 feet to the tower at their cost and put in
their communication antennas. The top 5 feet of the tower will be used by the Village. He
further stated that the Village will receive $2,500 a month in revenue from AT &T for
leasing the space.
Motion by Trustee Moy, seconded by Trustee Carson to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals and approve the requested text
VILLAGE OF OAKBROOK M INUTES Page 501'8 REGULARMEETING OF NOVEMBER 9.20 10
Of OAt
11 INN
t t
AGENDA ITEM
Regular Board of Trustees Meeting
of
November 9, 2010
SUBJECT: TreeHouse Foods and Arden Realty — Variation — Section 13- 11 -10EA of the Zoning
Ordinance — Wall Signs
FROM: Robert L. Kallien, Jr., AICP, Community Development Director le
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning
Board of Appeals and approve the requested variation in order to place wall signage above the
roofline of the buildings located at 2001, 2015 and 2021 Spring Road and approve attached
Ordinance S -1299.
Backeround/Historv:
At its meeting on November 2, 2010, the Zoning Board of Appeals completed its review and held the
required public hearing on a joint petition from TreeHouse Foods, Inc (tenant) and Arden Realty, Inc.
(property manager) seeking approval of a variation to Section 13- 11-10E.4 of the Zoning Ordinance in
order to locate a wall sign above the roofline on the permanent precast penthouse structure for the
buildings located at 2001, 2015 and 2021 Spring Road.
TreeHouse Foods, has decided to move their headquarters from Westchester to Oak Brook, and has
signed a long -term lease to occupy two full floors at the building located at 2021 Spring Road. An
important component of the TreeHouse attraction to Oak Brook was the ability to get wall signabe at
the top of the eight -story building they plan to occupy. After considering a number of alternatives,
due to the vertical triangular architectural columns on the building, a sign could not be visible from
the road. The applicants determined that a variation was their best option. Because the architecture
of the three buildings that make up Commerce Plaza involves both horizontal and vertical triangular
elements, the signable areas are quite small and results in wall signs of less than 25 square feet, which
is significantly less than the 140 square foot maximum permitted in our sign regulations.
BOT -Rec -Tree House and Arden Realty- VAR -Wall Sign- NOV- 2010.doc Y
Recommendation
By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested variation to
Section 13- 11 -10E.4 of the Zoning Ordinance in order to allow the wall signs to be placed above the
roofline onto the permanent precast penthouse structure for the buildings located at 2001, 2015 and
2021 Spring Road, subject to the following conditions:
a. With the exception of locating signage above the roofline, all signage must meet all other
conditions and standards of the Village's sign regulations.
b. The Petitioner and Owner shall meet all Village Code requirements existing as of the time that
the building permit application is submitted to the Village except as specifically varied or
waived by this ordinance.
In making these recommendations, the Zoning Board of Appeals found that the required standards for
approval of the variations was met by the applicants and would not injure the public health, safety
and welfare of the area.
Page 2. YW
JAI-FROM BOB\BOt -PC - ZBA\BOT -Rec -Tree House and Arden Realty- VAR -Wall Sign- NOV- 2010.doc
ORDINANCE 2010- ZO- V -EX1 -S -1299
AN ORDINANCE GRANTING A VARIATION TO ALLOW
WALL SIGNS ABOVE THE ROOFLINE OF THE
BUILDINGS AT 2001, 2015 AND 2021 SPRING ROAD
IN THE VILLAGE OF OAK BROOK
(PINS: 06 -23 -04 -029, 06 -23- 444 -030 and 06 -23 -04 -031)
WHEREAS, an application has been filed by TreeHouse Foods and Arden Realty, Inc. on behalf
of Long Ridge Office Portfolio, L.P. (the "Petitioner"), requesting a variation to allow the placement of wall
signs above the roofline of the buildings at 2001, 2015 and 2021 Spring Road, Oak Brook, Illinois; and
WHEREAS, on November 2, 2010 the Zoning Board of Appeals conducted a public hearing on
the requested variation, pursuant to due and appropriate legal notice, and recommended approval of the
variations subject to certain conditions; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variation and made specific findings, including that the
variation will not endanger the public health, safety and welfare, 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 recommendation of the
Zoning Board of Appeals 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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted a variation to Section 13- 11 -10E.4 of the Zoning
Ordinance to allow the placement of wall signs onto the permanent precast penthouse structure above
the rooflines of the buildings located at 2001, 2015 and 2021 Spring Road.
Section 3: The variation granted by this ordinance is subject to the following conditions:
a. With the exception of locating signage above the roofline, all signage must meet all other
conditions and standards of the Village's sign regulations.
b. The Petitioner and Owner shall meet all Village Code requirements existing as of the time
that the building permit application is submitted to the Village except as specifically varied
or waived by this ordinance.
Section 4: The variation and the scope of this ordinance are limited and restricted to the buildings
located at 2001, 2015 and 2021 Spring Road, which are legally described on Exhibit "A" attached hereto
and incorporated herein by reference.
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- V -EX1 -8-1299
TreeHouse -Arden Realty - 12001, 2015 and 2021 Spring Road
Variation — To Permit Wall Signs Above Roof Lines
PIN: 06 -23 -04 -029, 0623 - 444 -030, 06- 23 -04 -031
Page 2 of 4
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 91" day of November, 2010.
John W. Craig
Village President
PASSED THIS 9`" day of November, 2010.
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2010- ZO- V -EX1 -S -1299
TreeHouse -Arden Realty — 12001, 2015 and 2021 Spring Road
Variation — To Permit Wall Signs Above Roof Lines
PIN: 06 -23 -04 -029, 06.23- 444 -030, 06-23 - 04-031
Page 3 of 4
EXHIBIT "A"
Legal Description
PIN: 06 -23 -04 -029, 06 -23 -444 -030 and 06 -23 -04 -031
The property may be generally described as 2001, 2015 and 2021 Spring Road, Oak Brook, Illinois
60523, with the legal description as follows:
Parcel 1: Lot 3 in Oak Brook Development Company's Commerce Plaza Subdivision Unit, One, being a
subdivision of part of Lot 1 and all of Lot 3 in the Butler Company M -1 Inc., Assessment Plat No. 1, all in
the Southeast 1/4 of Section 23, Township 39 North, Range 11, East of the Third Principal Meridian,
according to the plat thereof recorded July 12, 1968 as Document R68- 30335, except that part described
as follows:
Beginning at the Southwest comer of said Lot 3, Thence North 0 Degrees 17 minutes 20 seconds East
along the West line thereof, a distance of 185 feet; Thence South 89 Degrees 42 Minutes 40 Seconds
East at right angles to the last described line, a distance of 311 feet; Thence North 0 Degrees 17 Minutes
20 Seconds East, a distance of 25 feet; Thence South 89 Degrees 42 Minutes 40 Seconds East, a
distance of 185 feet; Thence North 0 Degrees 17 Minutes 20 Seconds East, a distance of 170 feet;
Thence South 89 Degrees 42 Minutes 40 Seconds East, a distance of 463.93 feet to the East line of said
Lot 3, Thence South 0 Degrees 17 Minutes 20 Seconds West along said East line, a distance of 368.91
feet to the Southeast comer thereof; Thence South 89 Degrees 37 Minutes 38 Seconds West along the
South line of said Lot 3, a distance of 960 feet to the point of beginning; and except that part thereof
described as follows: Commencing at the Southwest corner of said Lot 3, Thence North 0 Degrees 17
Minutes .20 Seconds East, along the West line thereof, a distance of 185.0 feet; Thence South 89
Degrees 42 Minutes 40 Seconds East at right angles to the last described line, a distance of 311 feet;
Thence North 0 Degrees 17 Minutes 20 Seconds East a distance of 25 feet; Thence South 89 Degrees
42 Minutes 40 Seconds East, a distance of 185 feet; Thence North 0 Degrees 17 minutes 20 Seconds
East, a distance of 170 feet; Thence South 89 Degrees 42 Minutes 40 Seconds East, a distance of
195.93 feet to the place of beginning; Thence continuing South 89 Degrees 42 Minutes 20 Seconds East,
a distance of 268 feet to a point on the East line of said Lot 3; Thence North 0 Degrees 17 Minutes 20
Seconds East along said East line of Lot 3, a distance of 100.75 feet; Thence North 89 Degrees 42
minutes 40 Seconds West, a distance of 268 feet; Thence South 0 Degrees 17 Minutes 20 Seconds
West, a distance of 100.75 feet to the place of beginning, in DuPage County, Illinois. Permanent Parcel
No 06 -23 -04 -029.
Parcel 1A: Easement for the benefit of Parcel 1 created by Grant from Chicago Title and Trust
Company, as Trustee under Trust Agreement dated September 2, 1969 and known as Trust Number
54180, to Chicago Title and Trust Company as Trustee under Trust Agreement dated December 29, 1972
and known as Trust Number 61280, dated January 31, 1975 and recorded February 3, 1975 as
Document R75- 05194, to operate, repair, maintain, reconstruct and rebuild (1) the presently existing
underground garage structure and related facilities under the surface of the following described property.
That part of Lot 3 in Oak Brook Development Company's Commerce Plaza Subdivision Unit One, being a
subdivision of part of Lot 2 and all of Lot 3 in Oak Brook Investment Company Assessment Plat No. 4 and
part of Lot 1 and all of Lot 3 in Butler Company M -1 Inc., Assessment Plat No. 1, all in the Southeast 1/4
of Section 23, Township 39 North Range 11, East of the Third Principal Meridian, according to the plat
thereof recorded July 12, 1968 as Document R68- 30335, bounded by a line described as follows:
Ordinance 2010.20- V -EX1 -S -1299
TreeHouse -Arden Realty - 12001, 2015 and 2021 Spring Road
Variation — To Permit Wall Signs Above Roof Lines
PIN: 08- 23-04029, 06- 23-444 -030, 06- 23-04 -031
Page 4 of 4
Commencing at the Southwest corner of said Lot 3; Thence North 00 Degrees 17 Minutes 20 Seconds'
East, along the West line thereof, a distance of 185.00 feet; Thence South 89 Degrees 42 Minutes 40
Seconds East, at right angles to the last described line, 165.78 feet to the place of beginning of the
parcel to be described; Thence continuing South 89 degrees, 42 minutes 40 Seconds East, 145.22 feet;
Thence North 00 Degrees 17 Minutes 20 Seconds East, 25 feet; Thence South 89 Degrees 42 Minutes
40 Seconds East, 44.79 feet; Thence South 00 Degrees 17 Minutes 20 Seconds West, 40.38 feet
Thence South 89 Degrees 35 Minutes 54 Seconds West, 190.01 feet; Thence North 00 degrees 17
minutes 20 Seconds East, 17.67 feet to the place of beginning, in DuPage County, Illinois and (II) the
presently existing entrance from the surface to said underground garage.
Parcel 2: That part of Lot 3 in Oak Brook Development Company's Commerce Plaza Subdivision Unit
One, being a subdivision of part of Lot 2 and all of Lot 3 in Oak Brook Investment Company Assessment
Plat No. 4 and part of Lot 1 and all of Lot 3 in Butler Company M -1 Inc., Assessment Plat No. 1, all in the
Southeast 1/4 of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian,
described as follows: Beginning at the Southwest comer of said Lot 3, thence North 0 Degrees 17
Minutes 20 Seconds East along the West line thereof, a distance of 185 feet; Thence South 89 Degrees
42 Minutes 40 Seconds East at right angles to the last described line, a distance of 311 feet; Thence
North 0 Degrees 17 Minutes 20 Seconds East, a distance of 25 feet; Thence South 89 Degrees 42
Minutes 40 Seconds East, a distance of 185 feet; Thence North 0 Degrees 17 Minutes 20 Seconds East,
a distance of 170 feet; Thence South 89 Degrees 42 Minutes 40 Seconds East, a distance of 463.93 feet
to the last line of said lot 3; Thence South 0 Degrees 17 Minutes 20 Seconds West along said East line, a
distance of 368.91 feet to the Southeast corner thereof; Thence South 89 Degrees 37 Minutes 38
Seconds West along the South line of said Lot 3, a distance of 960 feet to the place of beginning, in
DuPage County, Illinois. Permanent Parcel No 06 -23-04 -031.
Parcel 3: That part of Lot 3 in Oak Brook Development Company's Commerce Plaza Subdivision Unit
One, being a subdivision of part of Lot 2 and all of Lot 3 in Oak Brook Investment Company Assessment
Plat No. 4 and part of Lot 1 and all of Lot 3 in Butler Company M -1 Inc., Assessment Plat No. 1, all in the
Southeast 1/4 of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian,
described as follows: Commencing at the Southwest corner of said Lot 3; Thence North 0 Degrees 17
Minutes 20 Seconds East along the West line thereof, a distance of 185.00 feet; Thence South 89
Degrees 42 Minutes 40 Seconds East at right angles to the last described line, a distance of 311 feet;
Thence North 0 Degrees 17 Minutes 20 Seconds East a distance of 25 feet; Thence South 89 Degrees
42 minutes 40 Seconds East, a distance of 185 feet; Thence North 0 Degrees 17 Minutes 20 Seconds
East, a distance of 170 feet; Thence South 89 Degrees 42 Minutes 40 Seconds East, a distance of
195.93 feet to the place of beginning; thence continuing South 89 Degrees 42 Minutes 40 Seconds East,
a distance 268 feet to a point on the East tine of said Lot 3; Thence North 0 Degrees 17 Minutes 20
Seconds East along said East line of Lot 3, a distance of 100.75 feet; Thence North 89 Degrees 42
Minutes 40 Seconds West, a distance of 268 feet; Thence South 0 Degrees 17 minutes 20 Seconds
West, a distance of 100.75 feet to the place of beginning, in DuPage County, Illinois. Permanent Parcel
No 06- 23-444 -030.