S-1555 - 01/08/2019 - PLANNED DEVELOPMENT - Ordinances Supporting DocumentsREG BOT 010819 Agenda Item 9.A.1 - Jupiter Franklin -1900 Spring Rd- PD.doc
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ITEM 9.A.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
January 8, 2019
SUBJECT: Jupiter Realty/ Franklin 1900 Spring Road – 1900 Spring Road – Planned
Development for a 22-story residential condominium building
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1555, which
approves a Planned Development for a 22-story residential condominium building
with up to 90 dwelling units for Lot 4 in the Franklin Subdivision at 1900 Spring
Road.
Background/History:
At the December 11, 2018 meeting, the Village Attorney was directed to prepare the
necessary ordinance granting approval of a Planned Development for a 22-story
residential condominium building with up to 90 dwelling units for Lot 4 in the Franklin
Subdivision at 1900 Spring Road.
Recommendation:
Approve Ordinance S-1555
ORDINANCE 2019-S-1555-ZO-EX-PUD
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(1900 SPRING ROAD – JUPITER DEVELOPMENT)
(PIN: 06-23-302-006)
WHEREAS, Jupiter Realty Company, LLC (“Jupiter”) is the contract purchaser of certain real
property located at 1900 Spring Road, Oak Brook, Illinois, within the Village's B-2 Regional Shopping
Center District, which property is legally described in Exhibit A ("Property"); and
WHEREAS, the current owner of the Property is Franklin 1900 Spring Road LLC (“Franklin”)
(Jupiter and Franklin are collectively referred to as the “Applicant”); and
WHEREAS, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois
of 1966, as amended ("Zoning Ordinance"), Applicant has filed an application with the Village seeking
approval for a Planned Development in order to construct and operate a 22-story residential condominium
building with up to 90 dwelling units on the Property ("Planned Development"), 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 July 10, 2018 meeting, at which time the President and Board of Trustees
directed the Village's Development Services 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 November 13,
2018 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 in order to construct and operate
a 22-story residential condominium building with up to 90 dwelling units 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 construction
and operation of a 22-story condominium building with up to 90 dwelling units 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 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Page 2 of 6
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 construction and operation of a 22-story
condominium building with up to 90 dwelling units 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.
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. A use departure from Section 13-7B-1 and 13-7B-2 of the Zoning Ordinance to permit
and allow residential condominiums on the Property.
B. A variation is hereby granted from the provisions of Section 13-7B-3.A of the Zoning
Ordinance to increase the cumulative floor area ratio (FAR) for the 4-lot Franklin
Subdivision from .50 to .99.
C. A variation is hereby granted from the provisions of Section 13-7B-3.B.1b of the Zoning
Ordinance to decrease the required setback from the right-of-way of Spring Road from 80
feet to a minimum of 54 feet for the building setback and 27 feet for the motor court piers.
D. A variation is hereby granted from the provisions of Section 13-12-3.C of the Zoning
Ordinance to reduce the internal parking garage drive aisles from 27 feet wide to 22 feet
wide.
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. Establishment of Dormant Special Service Area. A dormant special service area (“SSA”)
must be established for the Property that will fully fund the maintenance, operation,
repair, and replacement of the Property’s storm water and floodplain management
facilities in the event the Applicant, or any condominium association that is established,
fails to maintain the Property’s storm water and floodplain management facilities. The
dormant SSA will take effect if the Village Engineer, in his or her sole discretion,
determines that the Property’s storm water and floodplain management facilities are not
being properly maintained, cared for, or operated in accordance with all federal, state,
and local ordinances, rules, or regulations, as amended. No building permits will be
issued for the Property unless and until the dormant SSA is established. The Applicant
will cooperate and participate in the establishment of the dormant SSA.
B. Spring Road Traffic Signal. The Applicant must contribute fifty percent (50%) of the cost
to install a traffic signal at the intersection of Spring Road and 16th Street.
C. Turn Lane. The Applicant will pay for the full cost of the creation of the turn lane at the
intersection of Spring Road and 16th Street.
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Page 3 of 6
D. 16th Street Compensatory Storage. The Applicant must pay the full cost of the floodplain
compensatory storage related to the 16th Street driveway entrance improvements.
E. Semi-Trailer Prohibition. Semi-trailers may not use the loading dock area on the Property
for deliveries.
F. Floor Area Ratio Limitation. The floor area ration (FAR) approved for the Property in
Section 4 of this Ordinance will apply to all 4 lots in the Franklin Subdivision (total of 8.43
acres) as a whole. The FAR calculation for the 4-lot Franklin Subdivision as a whole may
not exceed .99. This Ordinance will be recorded against and binding upon all 4 lots in the
Franklin Subdivision.
G. Common Ownership or Control. All 4 lots in the Franklin Subdivision must be maintained
under common ownership or control. If all 4 lots are not maintained under common
ownership, the Applicant must provide documentation in a form approved by the village
attorney evidencing common control of all 4 lots of the Franklin Subdivision.
H. Commercial Parking Prohibition. The garage in the condominium building on the
Property may not be used as a commercial off-street parking facility.
I. Covenants. Covenants (including any condominium declarations) must be recorded in
connection with the Planned Development and for the 4-lot Franklin Subdivision for FAR,
storm water, bike and pedestrian pathway and property maintenance. The covenants
and/or condominium declarations must be in a form approved by the village attorney prior
to recordation. These covenants and/or condominium declarations may not be modified,
removed, or released without consent of the corporate authorities of the Village. The
Village, as well as future owners of condominiums on the Property, must be authorized to
enforce the covenants and/or condominium declarations. The covenants and/or
condominium declarations must be approved by the village attorney prior to the approval
of the final plat of subdivision for Lot 4 in the Franklin Subdivision.
J. Signage. Any and all signage on the Property must comply with all applicable Village
requirements.
K. 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 Development Services 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.
L. 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.
M. Final Engineering Plan Approvals. The Applicant must obtain final approval and all
necessary federal, state, county, and other local permit requirements that relate to
floodplain, floodway, and storm water management for the Property and the Planned
Development. The Village will not issue engineering permit 18-7-155 until all necessary
permits have been issued by applicable federal, state, county and other local agencies. A
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Page 4 of 6
second engineering permit will be required for the building and site improvements on the
Property.
N. Final Landscape Plan Approval. A final landscape plan for the Property is subject to
Village staff review and approval in accordance with applicable Village Codes and
Ordinances.
O. 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 Development Services Director and Village Manager in
accordance with Section 13-15-8 of the Zoning Ordinance:
1. Layout Plan and Current Site Comparison prepared by V3 Companies, consisting
of 2 sheets with a latest revision date of October 30, 2018;
2. Floor Plans and FAR Analysis prepared by Lucien Lagrange Studio, consisting of
5 sheets;
3. Exterior Elevations prepared by Lucien Lagrange Studio, consisting of three
sheets;
4. Landscape Plan and Preliminary Plant Palette prepared by Lucien Lagrange
Studio, consisting of two sheets;
5. Building Renderings prepared by Lucien Lagrange Studio, consisting of three
sheets;
6. Bulk and Height Comparison and Context Map prepared by Lucien Lagrange
Studio, consisting of 2 sheets;
7. Preliminary Engineering Plans for Oak Brook Residential prepared by the V3
Companies, consisting of five sheets with a latest revision date of October 30,
2018; and
8. Roadway Profile Improvements prepared by the V3 Companies, consisting of
one sheet with a latest revision date of October 30, 2018;
P. 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 Planned 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
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Page 5 of 6
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.P 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.
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.
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 Development Services 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. This Ordinance will be
recorded against all lots in the Franklin Subdivision, bearing PIN numbers
0623302006, 0623302004, and 06233020005.
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 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Page 6 of 6
APPROVED THIS 8th Day of January, 2019
Gopal G. Lalmalani
Village President
PASSED THIS 8th Day of January, 2019
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Exhibit A
EXHIBIT A
LEGAL DESCRIPTION
LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC. NO.
R2018-036669, IN DUPAGE COUNTY, ILLINOIS
Common Address: 1900 Spring Road, Oak Brook, Illinois 60523
PIN: 06-23-302-006
Exhibit B
Exhibit C
Exhibit D1
Exhibit D2
Exhibit D3
Exhibit D4
Exhibit D5
Exhibit D6
Exhibit D7
Exhibit D8
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Exhibit E Page 1 of 4
EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois (“Village”):
WHEREAS, an application has been filed by Jupiter Realty Company, LLC and Franklin 1900
Spring Road LLC (collectively the “Petitioner”), the contract purchaser and owner, respectively, of the
property located at 1900 Spring Road, 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 construct and operate a 22-story residential condominium building with up to 90
dwelling units on the Property ("Planned Development"); and
WHEREAS, Ordinance No. 2019-S-1555-ZO-EX-PUD adopted by the President and Board of
Trustees of the Village of Oak Brook on January 8, 2019, (“Ordinance”) grants approval of the Planned
Development, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Section 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.
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Exhibit E Page 2 of 4
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 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Exhibit E Page 3 of 4
IN WITNESS WHEREOF, _______________________________ executed this Unconditional Agreement
and Consent on behalf of Jupiter Realty Company, LLC, on this ______ day of _____________, 2019.
ATTEST: JUPITER REALTY COMPANY, LLC
By: By:
Its: Its:
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 2019
Notary Public
IN WITNESS WHEREOF, _______________________________ executed this Unconditional Agreement
and Consent on behalf of Franklin 1900 Spring Road LLC, on this ______ day of _____________, 2019.
ATTEST: FRANKLIN 1900 SPRING ROAD LLC
By: By:
Its: Its:
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 2019
Notary Public
Ordinance 2019-S-1555-ZO-EX-PUD
Planned Development – Jupiter Development
1900 Spring Road
PIN: 06-23-302-006
Exhibit E Page 4 of 4
EXHIBIT A
Legal Description
LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC. NO.
R2018-036669, IN DUPAGE COUNTY, ILLINOIS
Common Address: 1900 Spring Road, Oak Brook, Illinois 60523
PIN: 06-23-302-006
4813-3548-2243, v. 1