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S-1474 - 10/11/2016 - SPECIAL USE - OrdinancesIi�V�VIR��IIIII�IN'W�'IWII'N'Ni� vgeo aucxo¢ DUPAGE COUNTY RECORDER NOV-01,2016 8:33 AM 016 PAGES (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: OAK BROOK, ILLINOIS 60523 R2016 -120341 Property Address/es 2100 and 2122 YORK ROAD IN THE VILLAGE OF OAK BROOK. ILLINOIS vacant land, so state and list nearest cross streets) PIN No(s). 06-24-308-007, 06-24-308-009, 06-24-308-010 06-24-308-011 06-24-308-012 and 06 -24 - Name and Address of Name and Address of Responsible: John Grissim Party to Receive Copy of At the same a dress above Recorded Document and Billing Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60: G/L Account to be charged: 10- 65 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: ORDINANCE 2016-ZO-SU-EX-S-1474 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE FOR THE CLEARWATER DEVELOPMENT IN THE VILLAGE OF OAK BROOK, ILLINOIS 2100 and 2122 York Road — Clearwater Development PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011, 06-24-308-012 and 06-24-308-013 WHEREAS, on January 23, 2007, the Village Board of the Village of Oak Brook passed Ordinance S-1183, which approved a special use for the property for the construction of a mixed use development hereinafter described as the Clearwater Development ("Clearwater"); and WHEREAS, in subsequent years, the Village Board has approved some modifications to the approved site plan allowing for the elimination of the condominiums and structured parking; and WHEREAS, an application was filed by York Road Associates, LLC ("Owner"), the owners of the 15.6 acres located at 2100 and 2122 York Road ("Subject Property'l, known as Clearwater and legally described in Exhibit A attached hereto and incorporated herein ("Property") requesting an amendment to its existing special use to allow for the construction of an additional 123 parking spaces ("Parking Spaces'l and additional landscaping ("Landscaping'l; and WHEREAS, on May 16, 2016 the Plan Commission ("PC'l reviewed the request for an amendment to such special use and recommended approval of the proposed special use amendment, subject to certain conditions; and WHEREAS, on June 7, 2016, the Oak Brook Zoning Board of Appeals ("ZBA) conducted a public hearing, pursuant to due and appropriate legal notice, on the proposed special use amendment; and WHEREAS, after closing the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the special use set forth in Section 13-14-9E of the Zoning Regulations and, in a letter delivered to the President and Board of Trustees dated July 7, 2016, recommended approval of the Special Use to allow the construction of the additional parking spaces and landscaping subject to certain conditions; and WHEREAS, on September 13, 2016, the Village President and the Board of Trustees concurred with the findings made by the PC and ZBA, but reduced the number of requested spaces to 118 parking spaces, modified the landscaping plans and deemed the amendment to the special use, as set forth below, to be in the Village's best interests; and WHEREAS, the applicable requirements of Section 13-14-9E of the Village Code relating to the granting of special uses to the Zoning Regulations have been met. NOW THEREFORE, BE IT RESOLVED 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 incorporated herein by reference as though fully set forth herein. Section 2. Grant of Special Use. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall, and does hereby approve an amendment to the special use previously granted to allow for the following: Ordinance 2016-ZO-EX-SU-1474 Clearwater Development - Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011, 06-24-308-012 and 06-24-308-013 Page 2 of 7 Approval of an additional 118 parking spaces, reduction of the setbacks along 22n0 Street and York Road to 30 feet, additional landscaping, revised site plan all as set forth in the plans approved by the Village, all of which are incorporated herein by reference ("Plans'). 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. Substantial Conformance with Plans. All work performed on the Property shall be constructed in substantial conformance with the Plans, including, without limitation the Overall Site Plan Exhibit and the Parking Space Width Exhibit Phase 1 Parking Expansion both prepared by Mackie Consultants, LLC dated September 16, 2016. The Landscaping shall be installed in substantial conformance with Sheet L-101 revised September 16, 2016, Sheet L-102 dated May 10, 2016, Sheet L-103 dated September 2, 2016 and Sheet L-201 dated September 16, 2016 all prepared by Grissim Metz Andriese Associates attached hereto and incorporated herein collectively as Exhibit B. B. Compliance with Law and Regulations. All work or activities performed or undertaken on the Subject Property shall comply with all federal, state, and Village ordinances, resolutions, rules, and regulations, as amended. C. Previous Special Use Approval. All provisions of prior special use ordinances approved for the Subject Property known as Clearwater, including all ordinances approving special use amendments shall remain in full force and effect, unless specifically charged by this Ordinance. D. Contingent on Variation Approval. The special use is subject to the Village's approval of Ordinance S-1473 approving Variations on the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of Owners to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use 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. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Owners and any and all of Owners' 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: 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 Owners with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("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 Owners. The Ordinance 2016-ZO-EX-SU-1474 Clearwater Development — Special Use 2100 and 2122 York Road PINS: 06.24-308-007, 06-24-308-009, 06-24-308-010, 06.24.308-011,06-24-308-012 and 06-24-308-013 Page 3 of 7 unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Owners do not file with the Village Clerk the unconditional agreement and consent required by Paragraph TA.iii of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 11" day of October, 2016. Gopal G. Lalmalani Village President PASSED THIS 11`" day of October, 2016. Trustees Bear, Manzo, Moy, Tiesenga, Yusuf None Trustee Adler ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2016-ZO-EX-SU-1474 Clearwater Development — Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011,06-24-308-012 and 06-24-308-013 Page 4 of 7 Exhibit A Legal Description LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT, RECORDED AUGUST 28, 2008 AS DOCUMENT R2008-133469, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-007-2122 YORK ROAD LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 2, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39896, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-009 — 2122 YORK ROAD LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 3, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39897, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-010 — 2100 YORK Road LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 3, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39897, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-306-011 — 2100 YORK ROAD LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-012 — 2122 YORK ROAD LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-013-2122 YORK ROAD The subject property encompasses 15.6 acres and is also known as the Clearwater Development located at 2100 and 2122 York Road in Oak Brook, Illinois 60523 Ordinance 2016-ZO-EXSU-1474 Clearwater Development — Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011, 06-24-308-012 and 06-24-308-013 Page 5 of 7 Exhibit B Overall Site Plan, Parking Space Exhibit and Landscape Plans CLEARWATER DRIVE YORE ROAD \] Apt |k CLEARWATER DRINK \ � � + m 6M ( YORK ROAD \/ \ 2 \| p q § C \Z .z ;|_ § § . 7 \§! i /.r mmtmrt R 3'e'4:�F o e o oil ogL`'/iil o e gY tA��ei-9Ve e o , {♦. � NU t9 90 ��° OOOO pp 0000000 OOOOO. O yPPk a �' y°Y.j!i O i O Pp 6 o -II 111111 , Qa��1 +• h o t o '�`�r�e°II o o `f3�i' • ° ................................................................................. $ia®©®oo yyy®yj®©y 000©000®0000 0000-� CLEARWATER DRIVE 9[ �] � a 45 [ a � a fill1 fill €� I I 11 O I I I I 1 m a v�A p, 'Im Z Y I O 1 %11 (k—JO'— i— Llml Ns � m� h F fm }� lid F F E tl F' i. t gg k 1 A F I 2 ! 2 3 F 1 t 1 2 t F a v�A p, 'Im Z Y I O 1 %11 (k—JO'— i— Llml Ns � m� h F fm }� lid ................... ........... I O 00 o Irtr o 00@@EM,0 eeme so livil 11111111111*11 IIiBlitt m FRED SUC OU R2 010-02 03 42 DUPAGE COUNTY RECORDER Ordinance 2016-ZO-EX-SU-1474 Clearwater Development—Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011, 06-24-308-012 and 06-24-308-013 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village') WHEREAS, an application was filed by York Road Associates, LLC ("Owner'l, the owners of the 15.6 acres located at 2100 and 2122 York Road ("Subject Property'l, known as Clearwater and legally described in Exhibit 1 attached hereto and incorporated herein ("Property") requesting an amendment to its existing special use to allow for the construction of an additional 118 parking spaces ("Parking Spaces'l and additional landscaping ("Landscaping'I as set forth in the following sections of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations'l: WHEREAS, Ordinance No. 2016-ZO-SU-EX-S-1474, adopted by the President and Board of Trustees of the Village of Oak Brook on October 11, 2016 ("Ordinance"), grants approval of the Special Use, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Section 7 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, Owner does hereby agree and covenants as follows 1. Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. Owner acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. 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 use of the Property, the construction of the Parking Spaces and Landscaping 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. 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 of such parties in connection with the operation and use of the Property, or the Village's adoption of the Ordinance. [SIGNATURE PAGE FOLLOWS] Ordinance 2016-ZO-IX-SU-1474 Clearwater Development — Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 06-24-308-010, 06-24-308-011,06-24-308-012 and 06-24-308-013 Page 8 of 8 EXHIBIT 1 LEGAL DESCRIPTION LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT, RECORDED AUGUST 28, 2008 AS DOCUMENT R2008-133469, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-007-2122 YORK ROAD LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 2, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39896, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-009 — 2122 YORK ROAD LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 3, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39897, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-010 — 2100 YORK Road LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 3, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39897, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-011 — 2100 YORK ROAD LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-012 —2122 YORK ROAD LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. 06-24-308-013 — 2122 YORK ROAD The subject property encompasses 15.6 acres and is also known as the Clearwater Development located at 2100 and 2122 York Road in Oak Brook, Illinois 60523 Ordinance 2016-ZO-EX-SU-1474 Clearwater Development — Special Use 2100 and 2122 York Road PINS: 06-24-308-007, 06-24-308-009, 0624.308-010, 06.24-306011, 06-24-308-012 and 06-24-308-013 Page 7 of 8 Dated: a/4't 11,016. ATTEST: York Road Associates LLC, and Illinois limited -- liability company By:�— _ By: LO York LLC, a Delaware limited liability company, its Manager Nambj. John B. Grissim TitleV Vice President