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S-1555 - 01/08/2019 - PLANNED DEVELOPMENT - Ordinances_HOLZ CEUU �•. fir. f•r• j.-,1 T51 (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: ORDINANCE 2019-ZO-PUD-EX-S-1555 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT FOR THE PROPERTY AT 1900 SPRING ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 1900 Spring Road, Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-302-006 Name and Address of Applicant:_ Franklin 1900 Spring Road LLC and Jupiter Realty Company LLC 1900 Spring Road Suite 420 401 Michigan Ave 13th Floor Oak Brook, IL 60523 Chicago IL 60611 Name and Address of Responsible: Raymond Warner Party to Receive Copy of Recorded Document and Billing Raymond Warner 55 Shuman Blvd. Suite 375 Naperville IL 60563 G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 255 Name & Address of Recipient N/A of Consideration (when applicable). G/L Account to be charged: STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on January 8th, 2019, the corporate authorities of the above municipality passed and approved: ORDINANCE 2019-ZO-PUD-EX-S-1555 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (1900 SPRING ROAD — JUPITER DEVELOPMENT) (PIN: 06-23-302-006) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 17th day of January, 2019 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2019-ZO-EX-PUD-S-1555 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's; 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 and measuring no more than 286 feet in height 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's; 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 and measuring no more than 286 feet in height 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-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 2 of 7 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 13-12-3.0 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 161h 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 16`h Street. Ordinance 2019-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 3 of 7 D. 1611 Street Compensatory Storage. The Applicant must pay the full cost of the floodplain compensatory storage related to the 161h 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. 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. Si na e. 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. K 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-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 4 of 7 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-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 5 of 7 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. Q. Construction Timing. The Developer shall comply with the following schedule: The Developer shall file with the Village a complete building permit application for the Planned Development no later than nine (9) months after the date of the Federal Emergency Management Association's ("FEMA") issuance of a conditional letter of map revision ("CLOW") for the Planned Development; and The Developer shall commence construction of the Planned Development no later than twenty four (24) months after the date of FEMA's issuance of the CLOMR for the Planned Development; and 3. The Developer shall complete construction of the Planned Development no later than thirty six (36) months after the date of FEMA's issuance of the CLOMR for the Planned Development. If Developer fails to comply with the deadlines contained in this Section 5(Q), the Village's corporate authorities may declare null and void all approvals granted by this Ordinance. 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; Ordinance 2019-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 6 of 7 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} APPROVED THIS 8,h Day of January, 2019 , Gopal G. Lalmalani Village President PASSED THIS 81h Day of January, 2019 Ayes: President Lalmalani, Trustees Manzo, Saiyed, Yusuf Nays: Trustees Baar, Cuevas None Present: Trustee Tiesenga ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2019-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Page 7 of 7 Ordinance 2019-ZO-PUD-EX-S-1555 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 APPLICATION Ordinance 2019-ZO-PUD-EX-S-1555 Planned Development —Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Exhibit B 0 0_L (J, -L VILLACE OF OAK BR .K t >� NEW PLANNED 1jcvc1.vrnrlCl4 1 001,51JI®)' J& INITIAL ESCROW DEPOSIT ($500)*** 3 ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED ($500 ea)*" ❑ MAJOR CHANGE TO AN EXISTING PLANNED DEVELOPMENT ($1,500)* ❑ MINOR CHANGE TO AN APPROVED/EXISTING PLANNED DEVELOPMENT ($750)* ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED ($500 ea)** PUBLIC HEARING SIGNS (each lot frontage) 2 Enter Number of Street Frontages/Per Parcell Address Plus all applicable third party costs and recoverable expenses. List each waiver or variation on separate sheet with applicable fees calculated. From which anticipated third party costs and recoverable expenses are to be drawn. No interest shall be payable on any such escrow account. LOCATION OF SUBJECT PROPERTY 161, Street/Spring Road PERMANENT PARCEL NO/s. 06-23-302-006 LEGAL ADDRESS 1900 SDdnci Road Oak Brook Illinois 60523 ZONING DISTRICT B-? PROPERTY INTEREST OF APPLICANT: OWNER ® CONTRACT PURCHASER'AGENT' ❑ �WNER(S) OF RECORD/CO-APPLICANT Franklin 1900 Sarins Road LLC Loi_.____ . PHONE 630-574-5133 ADDRESS 1900 Spring Road, Suite 420 CITY Oak Brook STATE IL ZIP60523 Owner Contact E-mail Address/s Raymond A. Warner rwamer franklin artners.net NAME OF COAPPLICANT' (and Billing information) Jupiter Realty ComDanV LLC PHONE 312-642-6000 ADDRESS 401 N. Michigan.l31h FI CITY Chicatio STATE IL ZIP 60611 Applicant Contact E-mail Address/s Jerry Ong (tongAiwiterrealty.com) I (we) certify that all of the above statements and the statements contained in any papers or plans s tt herewith are true to the best of my (our) knowledge and belief. I (we) give ion to the Village to install public hearing signs on the lot frontages of th bove s blest pr as d in the gill 1;�Jheaeeve4 , applica t agrees to reimburse the Village for all recoverable costs within 30 s of billi Code. In addition SHis -1- - 3 Signature of Owner/Co-Applicant Date o A ca' Date 'If the applicant/Agent is not the owner of record, a written statement authorizing approvala pr osed ped de lopment application is required from the property owner in addition to their signature above and supporting documents. DO NOT WRITE IN THE SPACE BELOW - FOR OFFICE USE ONLY late Application Filed Fee Paid $_.L11& 6 Escro+n, Pald $ 506 — Receipt No. ? r Re�ry� B y.:_ At !relkninary Board of Trustees Review, Preflrin Review Conference with Staff t 9 Resident meeting RequirewDate ppUcation Distributed to Depts: Notice Published Newspaper Dall+ v_Herald Ad). PropgrW Owners Notified U Development Commission 11*1A ioard of Trustees -< Ah Board of Trustees (Approval of Ordinance) "' Exhibit B ipi= I 1ONFolz : t WAIVERS and VARIATIONS Zoning Ordinance Section Brief description of each waiver or variation sought Fee Each 13 -7B -3.A. A waiver to increase the FAR from 0.50 to 0.99 $500.00 13-713-3.13.1.b. A waiver to decrease the setback from the right-of-way of Spring Road from 80 ft. to a minimum of 54 ft. for the building setback and 27 feet for the motor court piers $500.00 13-12-3.C. A waiver to reduce the internal parking garage drive aisle from 27 feet wide to 22 feet wide. $500.00 13-713-2. A waiver to construct a "residential condominium" in the B-2 district. $500.00 . v vvri\u SUV 4VFly VI Iray[M wnn anu mint's auumunai enem it necessary) PLANNED DEVELOPMENT - SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS 'proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the Property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s) of the site development plan that the departure can be found. Code Section 13-78-3.A Relief Sought: A waiver to increase the FAR from 050 to 0.99 RESPONSE: The Applicant requests a waiver of Code section 13 -7B -3.A In order to achieve an FAR of 0.99 for the Franklin Subdivision, as amended. See FAR Exhibit by Lucien Lagrange dated October 18 2018 The proposed FAR is consistent with other, neighboring properties with FAR also in excess of n --r%0 As one example the Oak Brook Club FAR is 0.69. In addition. the Village's 2007 Commercial Areas Revitalization Plan recommends an increase in the FAR and states that an FAR of 0.50 Is inconsistent with neiahborina communities. In June Code Section: 13-78-3.13.1.b. Relief Sought: A waiver to decrease the setback from the E10-1-9EW—PY of Sprirng SpringRoad from 80 ft. to a minimum of 54 ft. for the buildina setback and 27 feet for the motor court piers. RESPONSE: The AaRlicant requests a waiver of the above referenced Code saction as a ortion of the ro osed condominium building, motor court piers and fencing is proposed to be set back fewer than 80 feet from the Spring Road. The proposed setback is consistent with other neighboring properties along the same portion of 16th Street. For example, the Oak Brook Club is set back 60 feet for fewer) from 161' Street and the office buildina across 16'" Street from the Subiect Property is set back a more 22 feet See Layout Plan with property line distance dimensions by Lucien Lagrange dated October 18 2018 PLANNED DEVELOPMENT - SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS CONT: Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s) of the site development pian that the departure can be found. Code Section: 13-12.3-C Relief Sought: A waiver to reduce the internal parkins oaraaP drive aisle from 27 feet wide to 22 feet wide. RESPONSE: The Applicant requests that the drive aisles within the proposed condominium building'sarkmg garage be 22 feet wide. The 27 feet wide Code requirement for commercial narking aara-ges contemplate "public" garages where most drivers are not familiar with the garage and where there is much heavier traffic Lucien Lagrange regularly desions "private" parking garages with 22 feet wide (or less) drive aisles in Chicago and its surroundina suburbs and due to the familiarity the drivers have with the garage and the less intense use of the garage. 22 feet wide drive aisles are sufficient. The proposed parking stalls are 9 feet by 18 feet which is compliant with Oak brook standards. The City of Chicago permits parking structures with a drive aisle of 20 feet in width and parking stalls sized at 8.5 feet by 18 feet. The City of Chicago also allows for a stall size of 8 feet wide when a drive aisle of 22 feet wide is proposed.- The Proposed drive aisle for The Butler exceeds the standards of the City of Chicago standards and exceeds the size of many parking -garages in the Cityof Chicago See pages 2 and 3 of Floor Plan by Lucien Lagrange dated. July 20 2018 and KLOA Traffic Report page 26 Code Section: 13-713-2. Relief Sought: A waiver to construct a "re idenfial condominium° in the 8-2 district. RESPONSE: The Applicant requests a waiver of the above referenced Code section as the proposed development is entirely comprised of "residential condominiums" which is not a use in the B-2 di trict. The Village's 2007 CARP has designated the location of The Butler Condominium as a suitable location for what CARP Prioritizes as much needed "mixed-use/commercial/multi-family." The Butler Condominium will inject exact) the type of owner -occupied condominium residences that are strongly recommended by formal Village Board -adopted ordinances as a sorely needed prioritized land use. Going further, The Butler Condominium is located precisely at one of the Villa - e Board identified suitable locations where the addition of a hiah OH2111Yresidential land use would optimally strengthen the future performance of the retails les tax en ine that makes the Villa a uniquely independent of municipal property taxes. (To continue, Copy or retype form and attach additional sheets if necessary) JUPITER REALTY COMPANY, LLC "THE BUTLER CONDOMINIUI P APPLICATION NARRATIVE AND PLANNED RYELOpMENT STANDARDS RESPONSE 1. INTRODUCTION. Jupiter Realty Company, LLC (Developer) is pleased to present "The Butler Condominium", a luxury condominium project for planned development review in conformity with Section 13-15-1 et seg. of the Village of Oak Brook zoning regulations. This project, if approved as a planned unit development (PUD), will generate a huge increase in real property taxes (in excess of $2 million annually) to help fund the applicable taxing bodies, and bring up to 90 high net worth families to Oakbrook Center retail and restaurant campus. The project will also strengthen the retail tax base of the Village (projected to generate in excess of $100,000 for the Village annually in sales tax) by introducing a high density residential use to the highest intensity commercial SubArea in the Village, and significantly improve the historically deficient local floodplain storage volume for every storm up to a 100 -year storm event (creating 560,000 gallons of new flood water storage onsite). The Butler Condominium project is designed by nationally renowned architect Lucien Lagrange Studio which has designed multiple landmark condominium projects in the City of Chicago including Lincoln Park 2550, Ritz Carlton Residences, Waldorf Astoria Chicago, 840 North Lake Shore Drive, Park Tower, 65 East Goethe, 635 West End, Erie on the Park, Kingsbury on the Park, Pinnacle, Ambassador West, 60 West Erie, 10 East Delaware and Sleepy Hollow (photographs of these projects are attached as Exhibit A). Upon approval of the PUD, The Butler Condominium will be the very first Lucien Lagrange Studio design in the Village and will add the prestige of the Lucien Lagrange Studio portfolio to the branding of both the Village and Oakbrook Center as being the most prestigious community and regional retail center in the metropolitan Chicagoland area, The Butler Condominium will inject exactly the type of owner -occupied condominium residences that are strongly recommended by formal Village Board -adopted ordinances as a sorely needed prioritized land use, Going further, The Butler Condominium is located precisely at one of the Village Board identified suitable locations where the addition of a high quality residential land use would optimally strengthen the future performance of the retail sales tax engine that makes the Village uniquely independent of municipal property taxes, Simply stated, if the Village Board follows the award winning, professionally planned and publicly embraced recommendations of the Plan Commission and prior Village Boards, The Butler Condominium is exactly the right fit for the needs of the Village, and precisely the mixed-use addition needed to strengthen Oakbrook Center at precisely the point in time when the retail land use world reinvents itself in the challenging new reality of online shopping. 08-02-18 11. THE BUTLER CONDOMINIUM. The Butler Condominium will be a 22 -story masonry structure with up to 90 condominium units,' 210 indoor and 15 outdoor parking spaces, a health club, several communal spaces, a dog run and multiple elevators. The footprint of the building covers just twenty-five percent of the roughly 2.14 -acre site. (See, Layout Plan (C3.0) prepared by V3 Companies). The onsite green space will cover fifty-four percent of the 2.14 -acre site which represents a significant increase from the thirty-nine percent permeable surface which exists today. Exquisitely designed landscaping is generously proposed throughout the surface. Each condominium will enjoy oversized patios averaging over 141 square feet per unit. With the exception of the penthouse floors, each floor has six condominium units with an average of approximately 2,000 square feet. Pricing of the smallest units starts in the raid -$800,000s with the largest non -penthouse units being just over $2 million. The penthouse floor accommodates two extra -luxurious, exceptional condominiums for the truly discriminating owner seeking breathtaking views of Salt Creek, the County and the City of Chicago to the east. Simply put, The Butler Condominium will be the finest, most luxurious condominium living in all of the collar counties and will rival the most exclusive condominium residences in Chicago which overlook Lake Michigan. 111. PD APPLICATION DOCUMENTS, The PD Application is supported by the attached project documents. IV. PENDING LOT 4 SUBDIVISION. The subdivision of Lot 4 is pending under a separate Subdivision Application. V. COMPLIANCE WITH PD CODE. The Village code requires a detailed statement addressing specific categories of information. First, the applicant must demonstrate compliance of the proposed planned development with the 2007 Commercial Areas Revitalization Plan (2007 CARP). Second, the applicant must demonstrate how the PUD will meet 20 specific standards enumerated in the Village Planned Development Code (13-15-3). Vi, COMPLIANCE WITH 2007 CARP. The Village 2007 CARP is the code specified benchmark against which every PUD is measured for "compliance." As reflected on the following Land Use Plan Map (Figure 3), the 2007 CARP has designated the location of The Butler Condominium as a "suitable" location for what the Village plan prioritizes as much needed "mixed- use/commercial/multi-family": 'The market will dictate the exact number of final condominiums which might result in fewer, larger units. Parking is provided for 90 units, and the PUD will not exceed this number. 2 08-02-18 Village of Oak Brook Commercial Areas Revitalization Plan Land Use Plan Land Use legend "tingle fandly0mothedReadumial Sosgledont* Attached Residential t— iMori-ran fir Residem int Owlet UrnspnVI) mi it- . fv'jh;- /: AFe;ghbarhaod rammer(ia1 Regianatrommetriol Oak&.kCent,, . �. pininy and Enlutloifuf+rnf �.�„ HocelsandLadgmg Vou A plrw, r :. CkfsRpRis'e Fublirbetn/ RrDu. Rorksond Olse+Spero ' ru61k mRRy Z r4b 4 Y In addition to the Land Use Plan Map, numerous excerpts from the text of the 2007 CARP support development of The Butler Condominium on Lot 4 as detailed hereafter, The text of the 2007 CARP states: Residential Residential uses represent the neighborhoods and living areas for Oak Brook residents. Until recently, Oak Brook's residential areas were largely located south of Interstate 88, separated from commercial uses. While done intentionally (the separation of commercial and business uses represent a trend in early suburban development), there is a shift in attitudes and principles that stresses the Importance and benefits of connecting residential areas to commercial uses provided they are buffered from any negative impacts. The Land Use Plan strives to protect and reinforce Oak Brook's single family areas, while providing alternative housing options for all stages of life in the form of owner -occupied condominiums as part of mixed use developments. (Ch. 4, Land Use Plan & Policies — Residential). APPLICANT COMMENT: The Butler Condominium project, coupled with the Citibank Class A office building and Shake Shack restaurant outlots in the Franklin Subdivision, is the quintessential example of the mixed-use defined and prioritized as needed in the 2007 CARP. The Butler Condominium project represents precisely the owner -occupied condominium mixed-use and high-quality architecture desired to "maintain the economic vitality of the commercial areas." 3 08-02-18 2. The text of the 2007 CARP also states: Land Use Plan The Land Use Plan for Oak Brook's commercial area serves as a general guide for desired location for uses along Butterfield Road, 22"d Street and surrounding areas. The Land Use Plan reflects the Village's long term vision and direction for uses in its Commercial Areas. The Land Use Plan reflects community input, market realties, and sound planning principles. The Land Use Plan contributes to maintaining the economic vitality of the commercial areas by: Maximizing the location and access of properties fronting 22nd Street, Butterfield Road, York Road and other commercial streets. ® Clustering compatible uses. Concentrating commercial land uses in primarily three locations: Oakbrook Center and surrounding areas; at the intersection of 22nd Street, Midwest Road, and at the intersection of 22"d Street and York Road. Maximizing the value of visibility and exposure to the adjacent Interstates. o Promoting parcel consolidation and redevelopment to provide larger sites capable of accommodating contemporary office development and corporate campuses. Promoting mixed-use development as a means of providing housing options for residents in all stages of life while at the same time contributing to the critical mass of dining and shopping establishments in the community. ® Encouraging continued vitality and expansion of Oakbrook Center, including stronger orientation to 22nd Street and IL Route 83 and incorporation of a residential component. ® Reinforcing the existing general land use patterns within Oak Brook's commercial areas. 4 08-02-18 Reestablishing the desire to provide hotel and lodging options within the community. Respecting adjacent uses and the physical features, both natural and man-made. o Maintaining a wide array of office types capable of providing incubator spaces for small businesses and large campuses for international corporations. 0 Identifying "gateway" redevelopment at key intersection. ® Better connecting access from Oak Brook's residential areas to its commercial areas. (Ch. 4, Land Use Plan & Policies — Land Use Plan). APPLICANT COMMENT: The Butler Condominium and its prestigious Lucien Lagrange Studio design will deliver up to 90 high net worth new residents to Oakbrook Center SubArea in walking distance to the retail stores within Oakbrook Center, as well as the largest cluster of dining establishments in this SubArea. It would be hard to imagine a location where luxury condominiums could more perfectly serve to strengthen the critical mass of dining and shopping. 3. The text of the 2007 CARP also states: Mixed -Use The Clearwater Development at York Road and 22nd Street will be the Village's first significant mixed-use development. The building and site feature .ground floor stores and restaurants, a hotel, health club and a 15 -story condominium tower. As residents in the community move into different stages of their lives, mixed-use developments can address their desire or need to downsize, while continuing to live within the Oak Brook community' Providing both shopping and residential opportunities, accommodating additional mixed -rase development should be a priority of the Village in the interest of the long-term vitality of Oak Brook's commercial areas. (Ch. 5, Commercial & Office Plan — Mixed -Use). APPLICANT COMMENT; It cannot be repeated too often or with too much emphasis. If the Village wants to strengthen the economic vitality of its commercial properties, 5 08-02-18 including Oakbrook Center, the addition of owner -occupied condominiums should be a priority. 4. The text of the 2007 CARP also states: Residential Plan & Policies This plan does not address the Village's existing Residential Subdivisions or Zoning. Instead, the Residential Areas Plan hof the 2007 CARP) is the Village's long range plan and policies for adding residential uses into its commercial areas. Historically, Oak Brook's commercial areas have consisted of office and retail uses that have been separated by Interstate 88, Interstate 294, along with other roads and natural/man made features of Oak Brook's residential areas. The Residential Plan identifies areas suitable for residential uses which will ,primarily be comprised of mixed use buildings consisting of ground floor commercial uses with owner occupied units above, (Ch. 6 Residential Areas Plan — Residential Plan & Policies). APPLICANT COMMENT: The 2007 CARP does not threaten any of the single-family enclaves or neighborhoods anywhere in the Village. The 2007 CARP specifically restricts future multi -family residential and condominium mixed-use to the commercial areas of the Village. The site of The Butler Condominium is specifically called out to be "suitable" for condominium by designation in the Land Use Plan, 5. The text of the 2007 CARP also states: Residential Plan & Policies The public outreach activities undertaken as part of the planning process identified a desire by Village residents to be able to remain within the Village of Oak Brook throughout their entire lives. The current residential development patterns of the Oak Brook community consists of residential enclaves comprised of large -lot single-family homes. As the residents of Oak Brook age and move into different stages of life (i.e, empty nesting), their options to remain within the community are limited should they choose, or be unable, to maintain a large lot and home. The desire to provide residential uses within Oak Brook's commercial areas is supported by the market study conducted as part of this planning assignment, which 6 08-02-18 concluded that there is a strong market for condominiums and multi -family type uses, and that there is a lack of supply within the marketplace. (Ch. 6, Residential Areas Plan — Residential Plan and Policies). APPLICANT COMMENT: The Butler Condominium project is consistent with the public outreach and consistent with and supported by the Village's own market study. It will also help to alleviate the lack of supply of residential at a site specifically identified to be suitable for that use. 6. The text of the 2007 CARP also states: The Residential Areas Plan and Policies responds to the market indicators and achieves the Village's desire by: 6 Maximizing opportunities for mixed-use development for areas less suited for purely office or retail development. Strengthening connections to natural features and community designations. ® Separating residential and mixed use developments from highway and other uses considered less desirable for a residential environment. Establishing development guidelines to ensure high quality development that contributes and furthers Oak Brook's prestige and reputation. Locating residential uses adjacent to more environmentally sensitive or scenic areas. ® Utilizing mixed use development as a means of buffering existing residential development. ® Clustering compatible land uses to reduce dependency on the automobile and to foster a synergy among uses. (Ch. 6, Residential Areas Plan — Residential Plan and Policies). APPLICANT COMMENT: The proposed Butler Condominium meets the residential areas planning policies of the 2007 CARP by: a. Selecting a location "suitable" for mixed-use. 7 08-02-18 b. Selecting a commercial site less suitable for pure retail. C, Selecting a location separated from "highway" including both 22nd Street and 1-88, d, Providing architecture and landscape which contribute positively to the prestige and reputation of the Village. e. Selecting a location that buffers existing condominiums from pure retail and office. f. Selecting a location overlooking Salt Creek. g. Clustering condominiums near existing condominiums. 7. The text of the 2007 CARP also states: Mixed Use Development The Land Use Plan clusters mixed use developments around the intersection of York Road and 22nd Street; Salt Creek; and, Oakbrook Center, Mixed use development will play an important role in assisting Oak Brook In realizing its vision for its commercial areas. Mixed use developments will afford the community with a place to live, along with providing shops, restaurants and experiences as part of a single development. Mixed use developments also contribute to the reduction of vehicle trips and assist in creating a more pedestrian friendly environment, By nature, mixed use development will diversify the land use mix within Oak Brook's commercial areas, and strengthening the economic vitality of the community. The Clearwater Development at York Road and 220d Street will be the Village's first significant mixed-use development. The buildings and site feature ground floor stores and restaurants, a hotel, health club and a I 5 -story condominium tower. Additional mixed use development should be similar in nature, and strive to provide a wide range of uses and experiences to its residents and visitors. (Ch. b, Residential Areas Plan — Mixed Use Development). APPLICANT COMMENT: The Butler Condominium should be recognized as presenting exactly the right high-end architecture wanted by the 2007 CARP, at one of the locations identified to be suitable. It is in close proximity to both retail and dining, while 8 08-02-18 simultaneously enhancing pedestrian transit as a substitute for vehicular traffic. It will further buffer the Oak Brook Club from more retail or office. The quality of Lucien Lagrange Studio design speaks for itself. 8. The text of the 2007 CARP also states: Residential Development Policies All multi -story mixed use and multi -family developments within Oak Brook's commercial areas should provide covered parking for residents. Parking can be provided in an attached parking structure, at -grade (completely enclosed) or below grade. Parking for guests and commercial uses of the development can be provided for with at -grade surface parking. Parking for residential units should be provided at a ratio of 2.25-2.5 spaces per unit, with two spaces allocated for each dwelling unit, and the remainder reserved for guest parking. When supported by a detailed parking and traffic study, mixed- use developments should reduce the amount of parking in -lieu of opportunities for shared parking arrangements between active daytime uses (office, commercial service) and evening uses (residential, restaurants). (Ch. b, Residential Areas Plan — Residential Development Policies), APPLICANT COMMENT: Covered parking for The Butler Condominium is provided and meets the recommended numbers set forth in the 2007 CARP. 41 The text of the 2007 CARP also states: Residential Development Policies ® Mixed use and multi -family developments should be located adjacent to natural features and take advantage of prominent views to natural areas, including Salt Creek, Butler National Golf Course, and other open space and park areas. Residential developments should have strong pedestrian connections to adjacent development and nearby destinations. Connections to the sidewalk system, regional trail network and to adjacent commercial areas will assist in reducing overall trip generation. G, 08-02-18 Mixed use and residential projects should include amenities associated with high end residential developments, including common gardens and open space, recreation amenities, meeting rooms, etc. Common open space should be attractively landscaped and provide amenities for passive recreation. Mixed use developments should consider the day -today shopping and service needs of their residents. Convenience retail and service uses, including grocery, laundry, personal care, dry cleaning etc. should be incorporated appropriately. Multi -story residential buildings should contain a mix of dwelling units, with varying types, sizes and floor plans to accommodate residents in all stages of life. Lighting within mixed use and residential development should be kept to a minimum. Commercial uses should respect the residential nature of the floors above, and minimize lighting, noise and other impacts that could negatively affect residential living. (Ch. 6, Residential Areas Plan — Residential Development Policies), APPLICANT COMMENT: The Butler Condominium is proposed at a location which maximizes pedestrian access to retail and dining, while simultaneously providing excellent views of Salt Creek. 10. The text of the 2007 CARP also states: Oakbrook Center SubArea Plan The opportunity of Oakbrook Center [this SubArea includes The Butler Condominium site] to expand and contribute to the reinvestment and redevelopment lies within its surface parking lots." (Ch. 9, SubArea Plans - Oakbrook Center SubArea Plan, Opportunity Sites (text on Figure 26)), APPLICANT COMMENT: Consistent with the text of the 2007 CARP, The Butler Condominium is to be built upon a surface parking lot. 11. The text of the 2007 CARP also states: Completion of Oak Brook's new Commercial Areas Revitalization Plan is only the first step, not the last. The Revitalization Plan sets 10 08-02-18 forth an agreed-upon action plan for the next ten to twenty-five ,years_ It is the product of considerable effort on the part of the Commercial Revitalization Task Force, Village staff, Plan Commission, Zoning Board of Appeals, and Village Board, with substantial inputs from residents and the business community. The final Revitalization Plan represents the consensus of all involved. The Village and its leaders have expressed a commitment to implement the Pian to promote economic development and revitalization within the study area. (Ch. 10, Implementation), APPLICANT COMMENT; The 2007 CARP (adopted in 2008) is to be valid for a minimum of 10 years and for as many as 25 years. The 2007 CARP is a consensus plan of action which represents years of considerable effort. The Butler Condominium Applicant has followed the official plan and the consensus vision of the Village in making this submittal. 12. The text of the 2007 CARP also states: I. Adopt the Plan. The Commercial Areas Revitalization Plan should become the Village of Oak Brook's official policy guide for improvement and development within the commercial areas of the Village, It is essential that the Plan be adopted by the Village Board and then used on a regular basis by Village staff, boards, and commissions to review and evaluate all proposals for improvement and development within the community, (Ch, 10, Implementation — Administrative Actions), APPLICANT COMMENT: The Butler Condominium PUD application and mixed-use condominium proposal is exactly the right land use at one of the specifically identified locations where the 2007 CARP calls upon the current Village Board and staff to follow the plan. V11. COMPLIANCE WITH PLANNED DEVELOPMENT STANDARDS, As noted above, in addition to demonstrating compliance with the 2007 CARP, Applicant must also demonstrate how the PUD will meet 20 specific planned unit development standards enumerated by the Village (13 General Design Standards and 7 Additional Standards; Section 13- 15-3 of the Village zoning regulations). Applicant submits The Butler Condominium is in compliance with all 20 standards as detailed hereafter. 08-02-18 A. 13 General Design Standards. 1. Commercial Areas Revitalization Master Plan: The planned development shall not be inconsistent with the planning policies, goals, objectives, and provisions of the village's commercial areas revitalization master plan. A planned development roust also not be inconsistent with the intent and spirit of the village of Oak Brook comprehensive plan, RESPONSE: Applicant's statement and advocacy demonstrating compliance with the 2007 CARP as required under Section 13-15-6 is set forth in Section VI herein. Applicant readopts the advocacy of Section VI to address how The Butler Condominium is also consistent with the planning policies, goals, objectives, and provisions of the 2007 CARP. This statement also calls upon Applicant to show that the project will 'not be inconsistent with" the 1990 Comprehensive Plan, but does not require an analysis of the planning policies, goals, objectives and provisions of the 1990 Comprehensive Plan. Rather, Applicant must only avoid inconsistency with the "intent" and "spirit" of the 1990 Comprehensive Plan, This PD standard is further regulated by the ordinance adopting the 2007 CARP which "repealed" any portion of the 1990 Comprehensive Plan in conflict with the 2007 CARP. The self -described intent of the 1990 Comprehensive Plan specifically states that the recommendations of the 1990 Comprehensive Plan were "intended" to be valid only through 2010. Suffice it to say that any portion of the 1990 Comprehensive Plan that survived the repeal ordinance is, by operation of law, not in conflict with the 2007 CARP. As a result, neither the surviving "spirit" or "intent" of the 1990 Comprehensive Plan is in conflict with the 2007 CARP. Beyond that, it is difficult to clearly comprehend the spirit and intent of a plan whose recommendations were intended to be valid only for 20 yew, Notwithstanding, Applicant submits that the 1990 Comprehensive Plan, like the 2007 CARP, was a collaborative effort predicated in no small part upon stakeholder and resident participation and input. Compliance with the 2007 CARP is an actual requirement of the requested PUD, and this compliance advocacy demonstrates in detail that The Butler Condominium is; (i) precisely the mixed-use owner -occupied condominium needed; (ii) it is being done at precisely a location deemed suitable by the Village; and (iii) has received nearly unanimous accolades for architecture at a location where it will have an optimal beneficial impact on Oakbrook Center. Surely these facts must be consistent with whatever "spirit" and "intent" portion of the 1990 Comprehensive Plan survives repeal and the passage of time. 12 08-02-18 2. Public Welfare: The Planned Development shall be designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare. RESPONSE: At 22 stories, The Butler Condominium will be roughly 286 feet in height, inclusive of mechanics. The B-2 zoning district has no height limitation, so any of the properties to the south or west could also develop to 22 stories or more. To the northwest is the Oak Brook Club which contains 315 condominiums and constitutes one of the highest density residential developments in the Village. The Oak Brook Club was developed in the 1970's and annexed to the Village in 1986. In 1986, the Oakbrook Terrace Tower was developed immediately adjacent to the Oak Brook Club at a height of 30 stories and 425 feet, exclusive of mechanicals. FAR for the Oakbrook Terrace Tower is 1.0. Despite the Oakbrook Terrace Tower being more than 140 feet taller than The Butler Condominium, the assessed values of the immediately adjacent Oak Brook Club condominiums have steadily increased since 1986. In addition, most of the current Oak Brook Club residents knowingly elected to purchase their condominiums after the 30 -story tower was built next door. In sura, despite an immediately adjacent structure being over 400 feet tall, the height of that structure has not detrimentally impacted property values, nor has it impaired adequate light or air for the Oak Brook Club. Applicant has met with the Village Fire Department, and has incorporated the plan details requested by the Village Fire Department to maximize fire safety. 3. Impact on Other Property: The Planned Development shall not be unnecessarily Injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted pursuant to the applicable zoning district, shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity. The uses permitted in a Planned Development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties. The Planned Development must also address compliance with the Village's noise, lighting, and other performance standards. RESPONSE: A luxury condominium building is highly compatible with the only other existing condominium complex in the Village. The 2007 CARP establishes that adding further owner -occupied condominiums at a site the Village has identified as "suitable" for 13 08-02-18 such use, will have a beneficial impact on the neighboring dining and shopping land uses. In addition, the 2007 CARP recommends the clustering of similar uses as being beneficial land use policy. The synergy of adding luxury owner occupied condominiums adjacent to Oakbrook Center will strengthen the retail and dining establishments in the mall and surround,'" 17"11 area. g age 4. Impact on Public Facilities and Resources: The Planned Development shall be designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve the development. The Planned Development shall include such impact donations as may be reasonably determined by the Corporate Authorities, The required impact donations, including, without limitation, obligations under the Village's subdivision regulations, shall be calculated in reasonable proportion to the impact of the Planned Development on public facilities and infrastructure to the extent permitted by law. RESPONSE: The intersection of 161" Street and Spring Road will unquestionably require infrastructure modification. This intersection has confronted known design deficiencies since 1986 when the developer of the Oakbrook Terrace Tower offered to pay for the cost of rebuilding the intersection. Applicant agrees to the payment of impact donations for the needed improvements calculated in reasonable proportion to the impact The Butler Condominium will have, and consistent with Illinois law. 5. archaeological, Historical or Cultural Impact: The Planned Development shall not substantially and adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development. RESPONSE: Not applicable. See Phase I Environment Site Assessment Report. 6. Parking and Traffic: The Planned Development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles. RESPONSE: Agreed. See civil engineering and traffic report. 7. Adequate Buffering: The Planned Development shack have adequate landscaping, public open space., and other buffering features to protect uses within the development and surrounding properties. RESPONSE: Agreed. See site plan, layout plan and landscape plan. 14 08-02-18 S. Signage: Signage on the site of the Planned Development shall generally be in conformity with the Village's Sign Regulations (Chapter 11 of the Zoning Regulations), except as may otherwise be specifically provided in the ordinance approving a Planned Development. RESPONSE: Agreed. 9. Ownership/Control Area: The site of the Planned Development must be under ownership and/or unified control of the applicant. RESPONSE: See ownership and Co -Applicant Franklin 1900 Spring Road LLC disclosure. 10. Need: A clear showing of need for the Planned Development must be made by means of an economic feasibility, land utilization and marketing study. RESPONSE: See the advocacy set forth in Section VI herein and the unequivocally clear statement of need and market demand adopted by the Village in the 2007 CARP. 11. Compliance with Subdivision Regulations and Plat Act: All Planned Developments, whether or not they are by definition subject to the Villages subdivision regulations or the Illinois Plat Act, shall comply with all standards, regulations and procedures of the Village's subdivision regulations and the Plat Act except as is expressly provided otherwise in this Chapter, or as otherwise provided by the Corporate Authorities pursuant to the ordinance approving the Planned Development, or the applicable sections of the Village's subdivision regulations. RESPONSE. Agreed. See Subdivision Application. 12. Covenants and Restrictions to be Enforceable by Village: All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the Planned Development shall provide that they may not be modified, removed, or released without the express consent of the Corporate Authorities and that they may be enforced by the Village as well as by future landowners within the proposed development. RESPONSE: Agreed, A Plat of Condominium and compliance with the Illinois Condominium Act will be a condition of the PUD. 13, Security and Site Control: The Planned Development shall include the plans necessary to describe, establish, and maintain appropriate property and building 15 08-02-18 security and site control measures for the Planned Development and the property on which the Planned Development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties. RESPONSE: Agreed. See plans and letter from Jerry Ong, Jupiter Realty Company, LLC. B. 7 Additional Standards. 1, Integrated Design: A Planned Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. RESPONSE; Agreed. See plans. 2. Beneficial Common Open Space: Any common open space in the Planned Development shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s) and shall not be of isolated or leftover character. The following would not be considered usable common open space: a. Areas reserved for the exclusive use or benefit of an individual tenant or owner. b. Dedicated streets, alleys and other public rights-of-way. C. Vehicular drives, parking, loading and storage areas. d. Irregular or unusable narrow strips of land. RESPONSE: Agreed. See plans and the proposed increase of open space being accomplished as part of the project. 3. Functional and Mechanical Features: Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the Planned Development and made as unobtrusive as possible. These features shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. RESPONSE: Agreed. See plans. ll 08-02-18 4. Visual and Acoustical Privacy: The Planned Development shall provide reasonable visual, and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises. RESPONSE: Agreed, See plans. 5. Energy Efficient Design: A Planned Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the Planned Development. The applicant will be encouraged, to the extent feasible, to obtain Leadership in Energy and Environmental Design ("LEED") certification for the project. A Planned Development applicant may also undertake the following: a. Having at least one member of the applicant's project team be $ "LEED Accredited Professional" -- a person who has received the LEED Accredited Professional designation from the united States Green Building Council ("USGBC"), the Green Building Certification Institute, or another entity authorized by the USGBC to grant that designation. b. Having its application materials include a "LEED Checklist" developed by the U.S. Green Building Council indicating the credits pursued and total points anticipated for a project under the most appropriate LEED rating system, in consultation with the Director of Community Development. RESPONSE: Jupiter is using a design criteria that includes energy efficient building systems and building enclosure. In addition, the amenity deck and site are extensively landscaped. This approach standardly results in a building equivalent to a LEED certified project. 6. Drives, Parking and Circulation: Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicularor pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and 17 08-02-18 insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties. To the extent practical, Planned Developments shall provide connections to and from existing bike and walking Paths so as to ensure a continuous route without gaps or disconnections. RESPONSE; Agreed. See plans. 7. Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic. RESPONSE: Agreed. See plans and permitting submittals included in the Stormwater Management Application filed for the project. 18 08-02-18 EXHIBIT C PDC RECOMMENDATION r�� U Ordinance 2019-ZO-PUD-EX-S-1555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Exhibit C VILLAGt UI OAK December 5; 2018 Exhibit C Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 BROOK,1200 OAK BROOK ROAD OAK • 60523 Subject: Case No: 2018-16-ZO-PUD — Jupiter Realty Company, LLC, Applicant/Developer and Franklin 1900 Spring Road, LLC, Property Owner — 1900 Spring Road — 22 -Story Residential Condominium Building — Planned Development Dear Village President and Board of Trustees: Background On November 12, 2018, the Planned Development Commission held the required public hearing and completed its review and deliberations on an application from Jupiter Realty, Developer and Contract Purchaser of the subject property located at 1900 Spring Road, seeking approval of a planned development to construct a 22 -story residential condominium building with up to 90 dwelling units on a 2.14 -acre lot that currently contains a parking lot. The property is zoned B-2, Regional Shopping Center District. The applicant provided a presentation on the proposed project before the President and Board of Trustees on July 10, 2018 and comments were made by the Village Board. The application moved forward pending a thorough review and recommendation by the Planned Development Commission. The applicant was required by the Development Services Director to hold a neighborhood meeting to review the project with the neighbors to discuss the project and obtain feedback from the public. On September 27, 2018, the applicant conducted this meeting and a written summary of the meeting is located within the application binder. The applicant also provided a video of the meeting for review and reference purposes. Specifically, this planned development will consist of a 22 -story masonry building with up to 90 residential dwelling units, 225 indoor parking spaces, a health club, several communal spaces, landscaping, an exterior dog run and surface parking. Waivers and Variations: The Planned Development process allows an applicant to request waiver of and variations from Village zoning laws that are necessary for the construction of the desired project. The following waivers and variations were requested. 1. Section 13-7B-2 to permit and allow residential condominiums in the B-2 Regional Shopping Center District. Residential and mixed use land uses are not currently identified as permitted or permitted special uses in this zoning district. December 5, 2018 Village President, Board of Trustees RE: Case No. 2018-16-ZO-PUD—Jupiter/Franklin 22 -Story Condominium Building — Planned Development Page 2 2. Section 13 -7B -3A to increase the floor area ratio (FAR) from 0.50 to 0.99. The FAR is the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of the lot. The FAR as designed in each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot. The FAR which has been calculated for the subdivision includes the Citibank office building, Shake Shack restaurant, vacant restaurant outlot and the subject property (for Jupiter Realty's project). 3. Section 13-7B-3B.l.b to decrease the 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. 4. Section 13-12-3.0 to reduce the internal parking garage drive aisles from 27 feet wide to 22 feet wide. Public Comment All interested parties were notified of the public hearing. The hearing was well -attended with residential and commercial neighbors speaking in support of the request and residential neighbors primarily from the Oak Brook Club speaking in opposition to the request. Concerns were raised primarily in regards to the floodplain issues, increased traffic, signalization, the height of the building, and at the wrong location and not right for Oak Brook. Support for the project was primarily based on the need expressed from residents for high-end additional living options for those seeking to downsize and remain in Oak Brook, bringing residents into a mixed use development, the high-end architecture and keeping Oak Brook competitive. Although concerns were raised regarding the floodplain/floodway, no new information was provided by those opposing the project. The Commission thoroughly reviewed this issue and noted many approvals and permits are required by FEMA, Army Corp, IDNR, DuPage County and the Village prior to any development on the property. The Village Engineer also noted that the property would have more green space and detention than what exists and the project would not have a negative impact on flooding when design and permits are approved. The Village Attorney also opined on the issue. The Commission also reviewed and discussed the height and design of the proposed building. Planned Development Recommendation The standards for a planned development were addressed as part of the presentation at the public hearing and were also addressed in detail in writing at Tab 4 of the binder/case file. By a vote of 5 to 0, the Planned Development Commission found that the applicant had addressed all of the required planned development standards and unanimously recommended approval of the proposed project subject to the following conditions; December 5, 2018 Village President, Board of Trustees RE. Case No. 2018-16-ZO-PUD -Jupiter/Franklin 22 -Story Condominium Building - Planned Development Page 3 1, The development shall be in substantial conformance with the approved plans including the above-described requested waivers and variations from the Village Code for the 22 -story condominium with up to 90 units, including all listed waivers and variations. 2. Establish a dormant Special Service Area Document (SSA) to include maintenance and protect the Village from water issues requirements of the condominium association to maintain the storm water facilities. 3. Staff to review and approve the issue with the entrance gates. 4. Increase the radius for the right turn lane. 5. Developer to pay fair share of the right turn lane and signal at intersection if warranted (25-50 percent) and to check with Oakbrook Terrace for their interest in contribution. 6. Provide details of the 42 -inch high fence on the landscape plan and approval by Development Services. 7. Signage is to comply with Village Code. 8. Prohibition of semi -tractor trailers in the loading zone. 9. No rental of parking spaces. 10. The landscape plan is to be revised and approved by Village Staff prior to the issuance of a building permit. 11. Compliance with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. Very truly yours, Marcia Tropinsl Chairwoman Plan Commission Ordinance 201 9-ZO-PUD-EX-S-1 555 Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Exhibit D GROUP EXHIBIT D PLANS �)"tjuo-Y VGVto CO Q) 61 co 0, 1.0 L All. 0 , u cn 0 z R. 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O0 C aM O U. > d O m i ;I i Milifli iti ll ti�titOPi a � 3 ' i i� i� Hifflilil HHVP�t i t011 R C O 47 cE U.y 47 O 5 C.4 wj !: 8 i _llq W19 I I 29 8 I C ON C G Vii O LL > O O �a �e IC m 0 W Uu R Cs r� U� Gc •c 21 1 �a n Or a� c c m� W� S N F R a ccgy A41 W WIVNm �O � V 0 a U _Elk WL "uH I one L11 I lift _Elk WL "uH I - - - - - - - - - - - - Lu 'tu uj _Elk WL "uH I A W a w + I a 0 o W o600 2 I �x ti •� W U wtoui KC) a v LLI`2jXI i I 6, s J LLJ ✓. w /UJ ULli 1 CL> z 0 Oo CL �— v LLI`2jXI i I 6, s Ordinance 2019-ZO-PUD-EX-S-1555 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's, 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-ZO-PUD-EX-S-1555 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. ollows: 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-ZO-PUD-EX-S-1555 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. 7. This Unconditional Agreement and Consent may be executed in counterparts, each of which shall constitute an original document, which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] 1Z -- ®QC Ordinance 2019 - Planned Development — Jupiter Development 1900 Spring Road PIN: 06-23-302-006 Exhibit E Page 3 of 4 IN WITNESS WHEREOF, _ �1I� executed this Unconditional Agreement and Consent on behalf of Jupiter Realty Company, LLC, on this day of j,/( VI (/4( rct? , 2019. ATTEST: JU ITER EALTY By: By. Its: SUBSCRIBED and SWORN to Before me this 1�;— day of 2019 "OFFICIAL SEAL" IMBERLEY A. GUERRIEI Notary Public. State of Illinois Notary Public my Commission Expkes 07/25/20 IN WITNESS WHEREOF, im on d A Wa "a— executed this Unconditional Agreement and Consent on behalf of Franklin 1900 Spring Road LLC, on this I I day of . ti 2019. SUBSCRIBED and SWORN to Before me this " day of ,CAy\ UCS � , 2019 J[U 0 CWMMM-- Notary Public FRANKLIN 1900 SPRING ROAD LLC —� "OFFICIAL SEAL" KIMBERLEY A. GUERRIERI Notary Public, State of Illinois �Y Commission Expires 07/25/20 Ordinance 2019-ZO-PUD-EX-S-1555 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 4833-4346-4324, v. 1