S-1513 - 11/14/2017 - COMMUNITY DEV-PLANNED DEV. - Ordinances ORDINANCE 2017-ZO-PUD-EX-S-1513
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(CARVANA AUTOMOTIVE DEALERSHIP—720 Enterprise Drive)
(PIN: 06-24-305-001)
WHEREAS, Carvana, LLC,("Applicant') is the contract purchaser of certain real property located
at 720 Enterprise Drive, Oak Brook, Illinois, within the Village's ORA-1 Office-Research-Assembly District,
which property is legally described in Exhibit A ("Property's; and
WHEREAS, the current owner of the Property is Elecmat Holdings, LLC ("Owner"); and
WHEREAS, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois of
1966, as amended ("Zoning Ordinance',Applicant,with the permission of Owner, has filed an application
with the Village seeking approval for a Planned Development in order to construct and operate an
automotive dealership to facilitate the on-line sale of used cars on the Property("Planned Deveiopment'�,
which Planned Development includes the demolition of an existing office building and the construction of a
new 7,700 square foot, single-story dealership structure and a 75-foot tall glass and steel vehicle display
tower ("Building"), all as more fully described in the application attached to, and hereby made a part of,
this Ordinance as Exhibit B ("Application'); and
WHEREAS, the President and Board of Trustees conducted a preliminary review of the proposed
Planned Development at their June 13, 2017 meeting, at which time the President and Board of Trustees
directed the Village's Community Development Director to prepare a report on the Application for the
Village's Planned Development Commission ("PDC' , and referred the Application to the PDC for the
purpose of conducting a public hearing; and
WHEREAS, pursuant to notice duly published in accordance with state law and Section 13-15-5C.2
of the Zoning Ordinance, the PDC commenced and concluded a public hearing on September 28, 2017 for
the purposes of hearing and considering testimony on the Applicant's request for approval of the Planned
Development; and
WHEREAS, following the conclusion of the public hearing, the PDC adopted findings of fact and
recommended that the Village Board approve the Planned Development to permit the development and
operation of an automotive dealership on the Property pursuant to the recommendation letter attached
hereto as Exhibit C; and
WHEREAS, the President and Board of Trustees, having considered the recommendations of the
PDC and being fully advised in the premises, have determined that the Application satisfies the standards
set forth in Section 13-15-3 of the Zoning Ordinance; and
WHEREAS, the President and Board of Trustees have further determined that it is in the best
interests of the Village and its residents to approve the Planned Development to permit the development
and operation of an automotive dealership on the Property pursuant to Section 13-15-5D of the Zoning
Ordinance, subject to the terms and conditions of this Ordinance.
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 hereby incorporated into and made a part of
this Ordinance as if fully set forth in this Section.
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 2 of 13
Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village's
Zoning Ordinance and subject to the conditions set forth in Section 5 of this Ordinance, the Planned
Development shall be, and is hereby, approved to permit the development and operation of an automotive
sales establishment on the Property.
Section 3: Zoning Map Notation. Pursuant to Section 13-15-7B of the Village's Zoning
Ordinance, the Village Manager or his designee is hereby authorized and directed to administratively note
on the Village's official zoning map the existence and boundaries of the Planned Development approved
pursuant to this Ordinance. Notwithstanding provisions in the Zoning Regulations to the contrary, including
but not limited to Section 13-15-2, subsection (D), buildings and uses on the Property shall not be limited
solely to those approved as part of this Ordinance, in that the Property may continue to be used and
improved in accordance with the regulations applicable to the underlying ORA-1 Office-Research-Assembly
District.
Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of the Zoning
Ordinance, and subject to the conditions and restrictions set forth in this Ordinance, the President and
Board of Trustees hereby approve the following site development and use departures for the Property:
A. The provisions of Section 13-10A.1 of the Zoning Ordinance are hereby waived to allow an
automotive sales establishment as a permitted use for the Property.
B. A variation is hereby granted from the provisions of Section 13-11-10C of the Zoning
Ordinance to permit more than one(1)sign per street frontage, and to permit the wall signs
to be located on the center of each building wall on the Property.
C. A variation is hereby granted from the provisions of Section 13-11-10D of the Zoning
Ordinance to permit the Applicant to exceed the maximum allowable gross surface area
for signage on the Property of 200 square feet, and to install a total of approximately 562
gross square feet of sign area on the Property.
D. A variation is hereby granted from the provisions of Section 13-11-10GA to permit the
installation of a company logo that exceeds the height of the lettering of the Property's
principal wall sign.
Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of this
Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by the following
conditions, the violation of any of which shall, in the reasonable discretion of the President and Board of
Trustees, be grounds for the repeal and revocation of the approvals granted herein:
A. No Authorization of Work. This Ordinance does not authorize commencement of any work
on the Property. Except as otherwise specifically provided in writing in advance by the
community development director, no work of any kind may be commenced on the Property
pursuant to the approvals granted in this Ordinance unless and until all conditions of this
Ordinance precedent to that work have been fulfilled and after all permits, approvals, and
other authorizations for the work have been properly applied for, paid for, and granted in
accordance with applicable law.
B. Compliance with Laws. Except as provided in Section 4 of this Ordinance, all applicable
ordinances and regulations of the Village shall apply to the Property. Further, the
development and use of the Property shall be in compliance with all laws and regulations
of all other federal, state, and local governments and agencies having jurisdiction over the
Property.
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 3 of 13
C. Compliance With Plans. The development, maintenance, and operation of the Property
will be in substantial compliance with the following documents and plans attached as
Group Exhibit D and, by this reference, made a part of this Ordinance, except for minor
changes approved by the community development director and village manager in
accordance with Section 13-15-8 of the Zoning Ordinance:
1. Landscape Plan for Carvana, prepared by Bohler Engineering, consisting of one
sheet, and dated July 13, 2017;
2. Lighting Plan for Carvana, prepared by Bohler Engineering, consisting of one
sheet, and dated July 13, 2017;
3. Signage Package and Details for Carvana, prepared by Clayton Signs, Inc.,
consisting of ten sheets, and dated August 18, 2017;
4. Building Renderings for Carvana, consisting of three sheets;
5. Building Elevations for Carvana, prepared by WHN+ Architects, consisting of two
sheets, and dated August 18, 2017; and
6. Site Plan for Carvana, prepared by Bohler Engineering, consisting of one sheet,
and dated August 18, 2017.
D. Fees and Costs.
1. Applicant shall be responsible for paying all applicable fees relating to the approval
of this Ordinance.
2. Applicant shall pay all fees applicable to Applicant's development and use of the
Property after the Approval of this Ordinance.
3. Applicant shall reimburse the Village for all of the Village's reasonable costs
(including without limitation engineering, planning, and legal expenses) incurred in
connection with the review, consideration and, approval of this Ordinance.
4. Applicant shall reimburse the Village for all of the Village's reasonable costs
(including without limitation engineering, planning, and legal expenses) incurred in
connection with the implementation or enforcement of this Ordinance by the Village
following the approval hereof.
5. Any amount owed by Applicant under this Section 5.D that is not paid within sixty
(60) days after delivery of a demand in writing for such payment shall, along with
interest and the costs of collection, become a lien upon the Property(or that portion
of the Property to which the unpaid amount relates), and the Village shall have the
right to foreclose such lien in the name of the Village as in the case of foreclosure
of liens against real estate.
E. Automobile Unloading. Applicant shall only unload automobiles and permit automobiles to
be unloaded on the rear side of the Property adjacent to Interstate 88.
Section 6: Binding Effect; Non-Transferability. The privileges, obligations, and provisions of
each and every section of this Ordinance are for the sole benefit of, and will be binding on, the Applicant.
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 4 of 13
Nothing in this Ordinance will be deemed to allow this Ordinance to be transferred to any person or entity
without a new application for approval for any person or entity other than the Applicant.
Section 7: Amendments. Any major or minor amendment to any provision of this Ordinance
may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in
the Zoning Ordinance for the granting of such Planned Development amendments.
Section 8: Failure to Comply with Conditions. Upon failure or refusal of the Applicant to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the approvals granted
pursuant to 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 9: 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 10. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
1. Passage by the President and Board of Trustees in the manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Applicant with the Community Development Director 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 in the form of Exhibit E, attached to and, by this
reference, made a part of this Ordinance; and
4. The recordation of this Ordinance together with any exhibits as the Village Clerk
deems appropriate for recordation in the Office of the DuPage County Recorder.
The Applicant will bear the full cost of this recordation.
B. In the event that the Applicant does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 10.A.3 of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees will have the right, in its sole discretion, to declare
this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS}
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 5 of 13
APPROVED THIS 14th Day of November, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 14th Day of November, 2017
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
Ft `
ATTEST:
Charlotte K. Pruss
Village Clerk
CaUPtT`t
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 6 of 13
EXHIBIT A
LEGAL DESCRIPTION
LOT 4 IN THE CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE
SOUTHEAST QUARTER OF SECTION 23 AND IN THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JUNE 1, 1965 AS DOCUMENT R65-18254, IN DUPAGE COUNTY,
ILLINOIS. CONTAINING 46,001 SQ. FT. OR 1.06 ACRES MORE OR LESS.
Common Address: 720 Enterprise Drive, Oak Brook, IL 60523
PIN: 06-24-305-001
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 7 of 13
EXHIBIT B
APPLICATION
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 8 of 13
EXHIBIT C
PDC RECOMMENDATION
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 9 of 13
GROUP EXHIBIT D
PLANS
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 10 of 13
EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Carvana, LLC ("Petitioner'), with the permission of
Elecmat Holdings, LLC, the owner of the property located at 720 Enterprise Drive, Oak Brook, Illinois
("Property"), which Property is legally described in Exhibit A attached hereto and incorporated herein,
seeking approval for a Planned Development in order to operate an automotive dealership on the Property
("Planned Development'; and
WHEREAS, Ordinance No. 2017-ZO-PUD-EX-S-1513, adopted by the President and Board of
Trustees of the Village of Oak Brook on November 14, 2017, ("Ordinance")grants approval of the Planned
Development, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Subsection 10 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 Planned Development 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, 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 Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village in
defending itself with regard to any and all claims mentioned in this Unconditional Agreement and Consent.
These expenses shall include all out of pocket expenses, such as attorneys' and experts' fees, and shall
also include the reasonable value of any services rendered by any employee of the Village.
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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 11 of 13
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 12 of 13
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Carvana, LLC, on this day of 12017.
ATTEST: PETITIONER
By: By:
Its: Its:
SUBSCRIBED and SWORN to
Before me this day of
, 2017
Notary Public
Ordinance 2017-ZO-PUD-EX-S-1513
Planned Development—Carvana Automotive Dealership
720 Enterprise Drive
PIN:06-24-305-001
Page 13 of 13
EXHIBIT A
Legal Description
LOT 4 IN THE CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE
SOUTHEAST QUARTER OF SECTION 23 AND IN THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JUNE 1, 1965 AS DOCUMENT R65-18254, IN DUPAGE COUNTY,
ILLINOIS. CONTAINING 46,001 SQ. FT. OR 1.06 ACRES MORE OR LESS.
Common Address: 720 Enterprise Drive, Oak Brook, IL 60523
PIN: 06-24-305-001