S-1392 - 01/28/2014 - ZONING-SPECIAL USE - Ordinancesvneo aucxaLz
DUPAGE COUNTY RECORDER
SEP.14,2018 9:52 AM
016 PAGES R2018-086747
7ve Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
DOCUMENT TITLE PAGE
Title of Document:
Property Address/es 3824 York Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-36-308-029
Name and Address of
Name and Address of Responsible: Alan Rocca
Party to Receive Copy of
Recorded Document and Billing Alan Rocca
G/L Account to be charged:
Prepared By and Return to:
10-1365
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2014-ZO-DP+CA-EX-S-1392
AN ORDINANCE APPROVING A
CERTIFICATE OF APPROPRIATENESS
FOR THE PROPERTY LOCATED AT 3824 YORK ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-36-308-029)
WHEREAS, Chicago Title Land & Trust Company is the owner as trustee, for the sole benefit of
Alan Rocca under trust number 10384 ("Owner'), of that certain property located at 3824 York Road, Oak
Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property');
and
WHEREAS, MB Financial Bank, N.A., is the lessee of the Property ("Lessee"); and
WHEREAS, the Property is located in the Historic Graue Mill Gateway Area ("Historic Area");
and
WHEREAS, Section 13-8-6 of the "Zoning Ordinance of the Village of Oak Brook," as amended
("Zoning Regulations"), prohibits the issuance of a building permit for the erection, construction, exterior
alteration, or repair of any building or structure in the Historic Area except upon the issuance of a
certificate of appropriateness by the President and Board of Trustees; and
WHEREAS, on October 27, 1998, the President and Board of Trustees adopted Ordinance No.
98-SD-DP+CA-EX3-S-914 ("Ordinance S-914"), issuing a certificate of appropriateness for the Property
("Certificate of Appropriateness") subject to certain conditions and restrictions, including, among others,
that all land modifications, landscaping, and construction on the Property must be completed in
substantial conformity with that certain Site Plan prepared by RA Mifflin Associates Architects with a latest
revision date of September 30, 1998 ("Site Plan"); and
WHEREAS, Owner and Lessee (collectively, Owner and the Lessee are the "Petitioners") desire
to replace an existing ground sign with a new monument sign and to display Lessee's corporate logo on
an existing wall sign, all on the Property (collectively, the "Work'), which Work does not substantially
conform with the Site Plan; and
WHEREAS, the Petitioners have applied to the Village to amend the Certificate of
Appropriateness to allow for the completion of the Work ("Amended Certificate of Appropriateness");
and
WHEREAS, at its meetings on October 21, 2013 and December 16, 2013, the Plan Commission
("PC') conducted a public hearing on the request for the Amended Certificate of Appropriateness,
pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the PC recommended, by a vote of 5-1.
approval of the Petitioners' application, finding that the Petitioners satisfactorily addressed the standards
required for approval of the Amended Certificate of Appropriateness and making specific findings,
including, among others, that the Work was harmonious with the building design and satisfied the intent
and purpose of the Historic Area; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the PC
and have determined that issuing the Amended Certificate of Appropriateness, as set forth in this
Ordinance, is in the best interests of the Village.
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank — 3824 York Road
Certificate of Appropriateness — Amend S-914 -Signage
PIN: 06-36-308-029
Page 2 of 9
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 Amended Certificate of Appropriateness. Pursuant to the standards set
forth in Chapter 8 of the Village's Zoning Regulations, and subject to and contingent on the conditions set
forth in Section 3 of this Ordinance, the Amended Certificate of Appropriateness is hereby granted to
allow for the completion of the Work on the Property.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon all of the following conditions:
A. The Work, including the locations and appearance of the new monument sign and wall sign,
shall be completed in substantial conformance with the site plan, sign plans, and location
overview prepared by the Icon Companies, consisting of 3 sheets, with a latest revision date
of January 21, 2014, attached hereto and incorporated herein as Group Exhibit B
(collectively, the "Petitioners'Plans");
B. The monument sign that will replace the existing ground sign must satisfy the following
conditions:
1. The monument sign may not exceed 8 feet in height or eleven feet, 8 inches in width;
2. The red MB Bank logo may not exceed 36 inches in height or 36 inches in width;
3. All lettering and numbering on the monument sign must be illuminated as set forth in the
Petitioners' Plans; and
4. The location of the monument sign must be set back from the right of way in the same
distance as the existing ground sign is currently set back from the right of way;
C. Except as specifically provided in this Ordinance, all other conditions of Ordinance S-914
remain in full force and effect;
D. The Petitioners shall comply with all Village requirements pertaining to applications for, and
compliance with, all applicable Village permits, licenses, or other approvals, except as
specifically varied or waived or modified by this Ordinance;
E. Any permits issued by the Village to the Petitioners pursuant to the Amended Certificate of
Appropriateness will be subject to and contingent on compliance by the Petitioners with all
other applicable rules and ordinances of the Village of Oak Brook, except as specifically
waived or modified by this Ordinance; and
F. Petitioners 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 Petitioners to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Certificate of
Appropriateness granted in Section 2 of this Ordinance may, at the sole discretion of the President and
Board of Trustees, by ordinance duly adopted, be revoked and become null and void.
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank - 3824 York Road
Certificate of Appropriateness - Amend S-914 -Signage
PIN: 06-36-308-029
Page 3 of 9
Section 5: Binding Effect: Non -Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for, 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 Petitioners 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 Petitioners do 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 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 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank - 3824 York Road
Certificate of Appropriateness - Amend S-914 Signage
PIN: 06-36-308-029
Page 4 of 9
APPROVED THIS 28th day of January, 2014. -
Gopal G. Lalmalani
Village President
PASSED THIS 28" day of January, 2014.
Trustees Adler, Manzo, Moy, Yusuf
None
Absent: Trustees Bear Wolin
I
ATTEST:
i%t.0 6{7
Charlotte K. Pruss
Village Clerk
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank — 3824 York Road
Certificate of Appropriateness — Amend S-914 -Signage
PIN: 06-36-308-029
Page 5 of 9
EXHIBIT A
LEGAL DESCRIPTION
The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as
follows:
Parcel 1: That part of tract B, in J. Lynch second plat of survey (document number 707775), a point of lot
1, Gmoser and Blume's plat of survey situated, in that part of the south half of section 36, township 39
north, range 11, east of the third principal meridian, bounded and described as fallows to wit: East of the
third principal meridian thence east along the south line of section 36, a distance of 280.5 feet to a point
in the center line of spring road as now platted and recorded; thence northwesterly still along said center
line of spring road, a distance of 245.90 feet to the point of beginning ; thence still along said center line
of spring road, a distance of 175.0 feet to a point, thence south 27 degrees, 59 minutes east, a distance
of 60 feet to a point of beginning , except that portion lying in spring road, dedicated for highway
purposes, all in DuPage County, Illinois.
PIN: 06-36-308-029
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank — 3824 York Road
Certificate of Appropriateness — Amend S-914 -Signage
PIN: 06-36-308-029
Page 6 of 9
GROUP EXHIBIT B
PETITIONERS' PLANS
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Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank - 3824 York Road
Certificate of Appropriateness - Amend S-914 -Signage
PIN: 06-36-308-029
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, MB Financial Bank, N.A. ("Lessee"), and Chicago Title Land & Trust Company, as
trustee for the sole benefit of Alan Rocca under trust number 10384 ("Owner") (collectively, Lessee and
the Owner are the "Petitioners'), filed an application with the Village for the approval of an amended
certificate of appropriateness ("Certificate of Appropriateness") to allow for the replacement of an
existing ground sign with a new monument sign and the display of Lessee's corporate logo on an existing
wall sign on the property located at 3824 York Road, Oak Brook, Illinois, and legally described in Exhibit
A attached hereto and incorporated herein ("Property'l; and
WHEREAS, Ordinance No. 2014-ZO-DP+CA-EX-S-1392 ("Ordinance"), adopted by the
President and Board of Trustees of the Village of Oak Brook on January 28, 2014, grants approval of the
Certificate of Appropriateness, subject to certain 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 Petitioners file this Unconditional Agreement and Consent with
the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set
forth in the Ordinance;
NOW, THEREFORE, the Petitioners do hereby agree and covenant as follows:
1. The Petitioners hereby unconditionally agree to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Petitioners acknowledge and agree that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioners have considered the
possibility that the Certificate of Appropriateness granted by the Ordinance may be revoked if the
Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioners agree not to challenge
any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioners acknowledge and agree 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 for the signs, and that the Village's issuance of any such permits
does not, and will not, in any way, be deemed to insure the Petitioners against damage or injury of any
kind and at any time.
4. The Petitioners agree to and do 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 Petitioners, their 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
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank - 3824 York Road
Certificate of Appropriateness -Amend S-914 -Signas
ge
PIN: 06-36-308-029
Page 8 of 9
restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the
affected privilege or right shall contcmue 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.
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, priorwrittenapproval of the Village of Oak Brook.
IN WITNESS WHEREOF, il"�S�mAa°.c Aocli i 4.,/ executed this Unconditional Agreement
and Consent on behalf of MB Financial Bank, NA on this /ten/ day of _ ,f/Q,P c 2014.
MB Finatial Bank, N.A.
By:
Its:
State of Illinois
County of DuPage
I, C a Notary Public in and for the County and State aforesaid
do hereby certify that Ao:.P 97e1E personally known to me, and that he/she
appeared before me this /OrHday of 2014, and acknowledged that he/she
personally executed this instrument.
Seal MARY C. MANAHFUU
NOTARY PUBLIC STA7e OF ILLINOIS
M Commission Ex fres 11127/2018
IN WITNESS WHEREOF. A&,aw / o(2
and Consent by Alan Rocca Trust 10384, owner on
State of Illinois
County of DuPage
Notary PubII2:-)
executed this Unconditional Agreement
A day ofEgQ�glc�� , 2014.
A4A^)'Roce-A 8�uEFZ,a+�o�
Chicago Title Land & Trust Company, under
trust number 10384
P-rwE FjuA j m>= Y�2(JST
I, (CDA -i 1 #0 e- A-V eX, a Notary Public in and for the County and State aforesaid
do hereby certify that f2occq personally known to me, and that he/she
appeared before me this a2L ll. day of14, and
acknowledged that he/she
personally executed this instrument.
OFFICIAL SEAL
GAIL POLANEK
Notary Public - State of Illinois
My Commission Expires Jul 12, 2014
Notary Public
Property:
Ordinance 2014-ZO-DP+CA-EX-S-1392
Rocca and MB Bank - 3824 York Road
certificate of Appropriateness - Amend S-914 Signage
PIN: 06-36-308-029
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as
follows:
Parcel 1: That part of tract B, in J. Lynch second plat of survey (document number 707775), a point of lot
1, Gmoser and Bluma's plat of survey situated, in that part of the south half of section 36, township 39
north, range 11, east of the third principal meridian, bounded and described as (allows to wit: East of the
third principal meridian thence east along the south line of section 36, a distance of 280.5 feet to a point
in the center line of spring road as now platted and recorded; thence northwesterly still along said center
line of spring road, a distance of 245.90 feet to the point of beginning ; thence still along said center line
of spring road, a distance of 175.0 feet to a point, thence south 27 degrees, 59 minutes east, a distance
of 60 feet to a point of beginning , except that portion lying in spring road, dedicated for highway
purposes, all in DuPage County, Illinois.
PIN: 06-36-308-029