S-1527 - 04/10/2018 - ZONING -VARIATION - Ordinances Supporting DocumentsREG BOT 041018 Agenda Item 6.E - Ordinance 1919 2011 Swift- VAR.doc
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ITEM 6.D.1.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 10, 2018
SUBJECT: 1919 & 2011 Swift Drive – Commonwealth Edison Company – Front
Yard Setback Variations for Off-Street Parking in the required front yard
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1527, which
approves the construction of off-street parking in the required front yard setback
for 1919 and 2011 Swift Drive.
Background/History:
At the March 27, 2018 meeting, the Village Attorney was directed to prepare the
necessary ordinance to permit and allow the construction of off-street parking spaces in
the required front yard setback for 1919 and 2011 Swift Drive. This approval is for a
total of 104 parking spaces in the required front yard setback. 12 of these spaces are
permitted by right and 92 spaces require the setback variation.
Recommendation:
Approve Ordinance S-1527.
ORDINANCE 2018-ZO-V-EX-S-1527
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION 13-12-3H.2 OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF
ADDITIONAL PARKING SPACES FOR THE PROPERTIES LOCATED AT
1919 AND 2011 SWIFT DRIVE IN THE VILLAGE OF OAK BROOK
Commonwealth Edison Company – 1919 and 2011 Swift Drive
PINS: 06-24-402-027 and 06-24-402-035
WHEREAS, an application was filed by Commonwealth Edison Company (“ComEd”) owner of
the properties located at 1919 and 2011 Swift Drive, legally described in Exhibit A attached hereto and
incorporated herein ("Property"), requesting a variation to allow for the construction of 92 additional
parking spaces that encroach into the Property’s front yard setback (“Parking Spaces”); and
WHEREAS, the Property is located in the ORA-1, Office-Research-Assembly Zoning District; and
WHEREAS, ComEd applied for a variation from Section 13-12-3H.2 of the Zoning Regulations to
allow one hundred and four (104) off-street parking spaces permitted to encroach into the Property’s front
yard setback (“Variation”); and
WHEREAS, on March 6, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the Application for the requested
Variations; and
WHEREAS, after the close of the public hearing, the ZBA found that ComEd satisfactorily
addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning
Regulations and, in a letter delivered to the President and Board of Trustees dated March 21, 2018,
recommended approval of the Variation to allow the construction of the Parking Spaces subject to certain
conditions; and
WHEREAS, on March 27, 2018, the Village President and the Board of Trustees concurred with
the findings made by the ZBA; and
WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the
granting of variations to the Zoning Regulations have been met.
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. Restatement and Grant of Variation. 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 a variance to Section 13-12-3H.2 of the Zoning Regulations to
allow one hundred and four (104) off-street parking spaces to encroach into the Property’s front yard
setback.
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 2 of 10
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. The Parking Spaces and all other proposed improvements
shall be constructed in substantial conformance with the plans dated February 15, 2018 prepared
by Atwell, LLC attached hereto and incorporated herein collectively as Exhibit B (pages C-04
through C-09). 80 Parking Spaces will be constructed at 1919 Swift Drive and 24 Parking Spaces
will be constructed at 2011 Swift Drive.
B. Earthen Berms. Where appropriate, ComEd shall construct and maintain within the front yard
setback of the Property to provide screening of the Parking Spaces in accordance with all
applicable Village ordinances, rules, and regulations, as amended, earthen berms measuring
between three (3’) feet and four (4’) feet in height, as measured from the base of the berm on
both sides of the berm, as detailed on Exhibit B.
C. Canopy Trees. ComEd shall provide at least five (5) varieties of canopy trees on the Property.
D. Shrubbery. ComEd shall increase the minimum size of shrubbery from eighteen (18”) inches to
twenty- four (24”) inches, from thirty (30”) inches to thirty-six (36”) inches to provide screening of
the Parking Spaces.
E. Landscape Maintenance. ComEd shall maintain all new landscaping on the Property in
substantial conformance with the landscape plan attached hereto as Exhibit B, including, without
limitation, replacing in kind any vegetation that dies or is removed.
F. Compliance with Village Codes. Notwithstanding the exhibits attached to this Ordinance, ComEd
shall comply with all applicable Village ordinances, codes, rules, and regulations, as amended, at
the time of building permit application, unless expressly waived or varied. The Property and all of
the operations and activities conducted on and in the Property, must comply at all times with all
applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and
regulations, as amended.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of ComEd to comply with any
or all of the conditions, restrictions, or provisions of this Ordinance, the Variation 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, ComEd and any and all of ComEd’s 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:
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
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 3 of 10
iii. The filing by ComEd 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 ComEd. The
unconditional agreement and consent must be substantially in the form attached
hereto and incorporated herein as Exhibit C.
B. In the event that ComEd does 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 their sole discretion,
to declare this Ordinance null and void and of no force or effect.
APPROVED THIS _____ day of April, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS ____ day of April, 2018.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION
P.I.N: 06-24-402-027 and 06-24-402-035
The subject property is located at 1919 and 2011 Swift Drive in Oak Brook, Illinois 60523
1919 Swift Drive
TRACT A
That part of the southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal
Meridian, Du Page County, Illinois, more fully described as follows: Commencing at the northeast corner
of the southeast quarter of said Section 24; thence south 89°19'41" west along the north line of the
southeastern quarter of said Section 24, a distance of 45.22 feet to a point on the westerly line of the
Northern Illinois Toll Highway, as presented monumented; then southerly along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, the following two courses and distances, south
07°05'05" west - 250.63 feet and south 00°12'48" east 559.42 feet to a point for a place of beginning;
thence continuing southerly along said westerly line of the Northern Illinois Toll Highway, as presently
monumented, the following two courses and distances, south 00°12'48" - 40.73 feet and south 07°58'23"
east - 59.73 feet to the northeast corner of the property conveyed to Swift & Company by deed dated
October 18, 1963 from M-1, Inc., recorded in the Recorder's Office of Du Page County, Illinois as
Document No. R63-39383; thence south 89°19'41" west along the north line of the property conveyed to
Swift & Company by said deed to the northwest corner of the property conveyed to Swift & Company by
said deed, a distance of 465.71 feet; thence north 00°49'19" west a distance of 100 feet, thence north
89°19'41" east along a line parallel to the north line of the southeast quarter of said Section 24, a distance
of 456.10 feet to the place of beginning.
Being the property conveyed to Swift & Company by deed dated May 18, 1964 from M-1, Inc., recorded in
the Recorder's Office of Du Page County, Illinois as Document No. R64-19433.
TRACT B
That part of the southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal
Meridian, Du Page County, Illinois, more fully described as follows: Commencing at the northeast corner
of the southeast quarter of said Section 24; thence south 89°19'41" west along the north line of the
southeastern quarter of said Section 24, a distance of 45.22 feet to a point on the westerly line of the
Northern Illinois Toll Highway, as presented monumented; then southerly along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, the following three courses and distances,
south 07°05'05" west, 250.63 feet, south 00°12'48" east, 600.16 feet and south 07°58'23" east, 59.73 feet
to a point for a place of beginning; thence continuing south 07°58'23" along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, a distance of 545.22 feet; thence south
89°19'41" west along a line parallel to the north line of the southeast quarter of said Section 24, a
distance of 535.0 feet; then north 00°40'19" west a distance of 329.53 feet to a point on a curve; thence
northeasterly, northerly and northwesterly along the arc of a curve, convex easterly and having a radius of
100.0 feet of which the tangent line to the curve at said point has a bearing of north 70°03'33" east, a
distance of 246.9 feet; thence north 00°40'19" west, a distance of 22.47 feet; thence north 89°19'41" east
along a line parallel to the north line of the southeast quarter of said Section 24, a distance of 465.71 feet
to the place of beginning in Du Page County, Illinois.
Being the same property conveyed to Swift & Company by deed dated October 18, 1963 from M-1, Inc.,
recorded in the Recorder's Office of Du Page County, Illinois as Document No. R63-39383.
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 5 of 10
TRACT C
That part of the area dedicated for a public road by Document No. R64-11028 situated in the southeast
quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, Du Page
County, Illinois, described as follows; commencing at the southwest corner of Lot 1 of Swift & Company's
Assessment Plat, situated in the southeast quarter of Section 24, Township 39, Range 11, East of the
Third Principal Meridian recorded as Document No. R64-26943; thence north 00°40'19" west along the
east right of way line of said Swift Drive, being also the west line of said Lot 1, a distance of 329.53 feet to
a point for a place of beginning; then continuing north 00°40'19" west across part of said public road
(Swift Drive) right of way as dedicated by Document No. R64-11028, a distance of 188.80 feet to a point
on a curve on the northeasterly right of way line of said public road (Swift Drive), said point being also on
the west line of said Lot 1; thence southeasterly and southwesterly along said easterly right of way, being
a curve convex easterly and having a radius of 100.00 feet and being also the west line of said Lot 1, a
distance of 246.90 feet to the place of beginning.
Being the same portion of a certain street or roadway (Swift Drive) within the Village of Oak Brook, Du
Page County, Illinois vacated by Ordinance S-102 passed and approved by the President and Board of
Trustees of the Village of Oak Brook on January 17, 1966 and shown on Vacation Plat recorded in the
Recorder's Office of Du Page County, Illinois as Document No. R66-4635 in Book 50 of Plats, on Page
79.
2011 Swift Drive
Lot 2 in Staley-Anker Subdivision in Section 24, Township 39 North, Range 11 East, of the Third Principal
Meridian, according to the plat thereof recorded January 13, 1971 as Document R71-1399, in Du Page
County, Illinois.
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 6 of 10
EXHIBIT B
APPROVED PLANS
[Attached]
Know what's below.
Call before you dig.
Know what's below.
Call before you dig.
Know what's below.
Call before you dig.
Know what's below.
Call before you dig.
Know what's below.
Call before you dig.
Know what's below.
Call before you dig.
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 7 of 10
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois (“Village”):
WHEREAS, an application was filed by Commonwealth Edison Company (“ComEd”) owner of
the property located at 1919 and 2011 Swift Drive and legally described in Exhibit 1 attached hereto and
incorporated herein (“Property”) requesting a variation (“Variation”) to allow for the construction of 104
parking spaces encroaching into the Property’s front yard setback (“Parking Spaces”) as set forth in the
following sections of the “Zoning Ordinance of the Village of Oak Brook,” as amended (“Zoning
Regulations”): 13-12-3H.2 and 13-14-6D.
WHEREAS, Ordinance No. 2018-ZO-V-EX-S-1527, adopted by the President and Board of
Trustees of the Village of Oak Brook on April 10, 2018 (“Ordinance”), grants approval of the Variation,
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 ComEd 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, ComEd does hereby agree and covenants as follows:
1. ComEd hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. ComEd 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. ComEd 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 that the Village’s issuance of any such
permits does not, and will not, in any way, be deemed to insure ComEd against damage or injury of any
kind and at any time.
4. ComEd 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 Parking Spaces, or the Village’s adoption of
the Ordinance.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 8 of 10
Dated: ____________, 2018.
ATTEST: Commonwealth Edison Company
By: By:_________________________________
Its:_________________________________
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 9 of 10
EXHIBIT 1
LEGAL DESCRIPTION
P.I.N: 06-24-402-027 and 06-24-402-035
The subject property is located at 1919 and 2011 Swift Drive in Oak Brook, Illinois 60523
1919 Swift Drive
TRACT A
That part of the southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal
Meridian, Du Page County, Illinois, more fully described as follows: Commencing at the northeast corner
of the southeast quarter of said Section 24; thence south 89°19'41" west along the north line of the
southeastern quarter of said Section 24, a distance of 45.22 feet to a point on the westerly line of the
Northern Illinois Toll Highway, as presented monumented; then southerly along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, the following two courses and distances, south
07°05'05" west - 250.63 feet and south 00°12'48" east 559.42 feet to a point for a place of beginning;
thence continuing southerly along said westerly line of the Northern Illinois Toll Highway, as presently
monumented, the following two courses and distances, south 00°12'48" - 40.73 feet and south 07°58'23"
east - 59.73 feet to the northeast corner of the property conveyed to Swift & Company by deed dated
October 18, 1963 from M-1, Inc., recorded in the Recorder's Office of Du Page County, Illinois as
Document No. R63-39383; thence south 89°19'41" west along the north line of the property conveyed to
Swift & Company by said deed to the northwest corner of the property conveyed to Swift & Company by
said deed, a distance of 465.71 feet; thence north 00°49'19" west a distance of 100 feet, thence north
89°19'41" east along a line parallel to the north line of the southeast quarter of said Section 24, a distance
of 456.10 feet to the place of beginning.
Being the property conveyed to Swift & Company by deed dated May 18, 1964 from M-1, Inc., recorded in
the Recorder's Office of Du Page County, Illinois as Document No. R64-19433.
TRACT B
That part of the southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal
Meridian, Du Page County, Illinois, more fully described as follows: Commencing at the northeast corner
of the southeast quarter of said Section 24; thence south 89°19'41" west along the north line of the
southeastern quarter of said Section 24, a distance of 45.22 feet to a point on the westerly line of the
Northern Illinois Toll Highway, as presented monumented; then southerly along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, the following three courses and distances,
south 07°05'05" west, 250.63 feet, south 00°12'48" east, 600.16 feet and south 07°58'23" east, 59.73 feet
to a point for a place of beginning; thence continuing south 07°58'23" along said westerly line of the
Northern Illinois Toll Highway, as presented monumented, a distance of 545.22 feet; thence south
89°19'41" west along a line parallel to the north line of the southeast quarter of said Section 24, a
distance of 535.0 feet; then north 00°40'19" west a distance of 329.53 feet to a point on a curve; thence
northeasterly, northerly and northwesterly along the arc of a curve, convex easterly and having a radius of
100.0 feet of which the tangent line to the curve at said point has a bearing of north 70°03'33" east, a
distance of 246.9 feet; thence north 00°40'19" west, a distance of 22.47 feet; thence north 89°19'41" east
along a line parallel to the north line of the southeast quarter of said Section 24, a distance of 465.71 feet
to the place of beginning in Du Page County, Illinois.
Being the same property conveyed to Swift & Company by deed dated October 18, 1963 from M-1, Inc.,
recorded in the Recorder's Office of Du Page County, Illinois as Document No. R63-39383.
Ordinance 2018-ZO-V-EX-S-1527
1919 and 2011 Swift Drive – Variation
Commonwealth Edison Company
PIN: 06-24-402-027 and 06-24-402-035
Page 10 of 10
TRACT C
That part of the area dedicated for a public road by Document No. R64-11028 situated in the southeast
quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, Du Page
County, Illinois, described as follows; commencing at the southwest corner of Lot 1 of Swift & Company's
Assessment Plat, situated in the southeast quarter of Section 24, Township 39, Range 11, East of the
Third Principal Meridian recorded as Document No. R64-26943; thence north 00°40'19" west along the
east right of way line of said Swift Drive, being also the west line of said Lot 1, a distance of 329.53 feet to
a point for a place of beginning; then continuing north 00°40'19" west across part of said public road
(Swift Drive) right of way as dedicated by Document No. R64-11028, a distance of 188.80 feet to a point
on a curve on the northeasterly right of way line of said public road (Swift Drive), said point being also on
the west line of said Lot 1; thence southeasterly and southwesterly along said easterly right of way, being
a curve convex easterly and having a radius of 100.00 feet and being also the west line of said Lot 1, a
distance of 246.90 feet to the place of beginning.
Being the same portion of a certain street or roadway (Swift Drive) within the Village of Oak Brook, Du
Page County, Illinois vacated by Ordinance S-102 passed and approved by the President and Board of
Trustees of the Village of Oak Brook on January 17, 1966 and shown on Vacation Plat recorded in the
Recorder's Office of Du Page County, Illinois as Document No. R66-4635 in Book 50 of Plats, on Page
79.
2011 Swift Drive
Lot 2 in Staley-Anker Subdivision in Section 24, Township 39 North, Range 11 East, of the Third Principal
Meridian, according to the plat thereof recorded January 13, 1971 as Document R71-1399, in Du Page
County, Illinois.