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S-1561 - 04/18/2019 - VARIATION - Ordinances yVEOF OgKB90 0 8 91 +G O I \\Ce \� `OUNI April 18, 2019 Village Of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 AG Oak Brook Executive Park Venture LLC Website www.oak-brook.or¢ One Post Office Square Suite 3150 Administration Boston, MA 02109 630.368.5000 FAX 630.368.5045 Re: Recorded Document on March 25, 2019 Ordinance 2019-ZO-V-EX-S-1561 Development Services R2019-021310 630.368.5100 FAX 630.368.5128 Fire Department To Whom It May Concern: 630.368.5200 FAX 630.368.5251 A copy of the above-mentioned document is enclosed for your records. Police Department This is important information and should be retained in a secure area 630.368.8700 within your files. FAX 630.368.8739 Please do not hesitate to contact me at 630-368-5036 if you have any Public Works questions regarding this matter. Department 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brook Public Library 600 Oak Brook Road Kathy Vonachen Oak Brook,IL 60523 Deputy Clerk 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Enclosure Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523 cc: Tony Budzikowski, Director of Development Services 630.368.6420 Doug Patchin, Director of Public Works & Engineering FAX 630.368.6439 Official Files Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 8 41 Tx:4OO23522 FRED BUCHOLZ, RECORDER � DUPAGE COUNTY ILLINOIS O3/25/2O19 1O:42 AM DOCUMENT # 2_ U.2 (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-V-EX-S-1561, AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-11-10 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK TO ALLOW A WALL SIGN ON THE PROPERTY LOCATED AT 1211 22 N D STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 Property Address 1211 22NI STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 If vacant land, so state and list nearest cross streets) PIN No(n). 06-26-100-012 Name and Address of Applicant: True Group 1211 W. 22nd Street Suite 1100 Oak Brook, IL 60523 Name and Address nfResponsible: Recorded Document and Billing Party to Receive Copy of AG Oak Brook Executive Park Venture LLC One Post Office Square Suite 3150 Boston. M 02109 Prepared By and Return to: VillageofOak Brook / (1200 Oak Brook Road ` Oak Brook, Illinois 00523-2255 G/LAccount hubecharged: 10'1305 Name &Address ofRecipient of Consideration (when applicable): G/L Account to be charged: r\ 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 February 26th, 2019, the corporate authorities of the above municipality passed and approved: ORDINANCE 2019-ZO-V-EX-S-1561 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-11-10 OF TITLE 13 OF THE VILLAGE OF OAK BROOK MUNICIPAL CODE TO ALLOW A WALL SIGN ON THE PROPERTY LOCATED AT 1211 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-26-100-012 1 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 22nd day of March__, 2019 . 90 av o Charlotte K. Pruss Village Clerk Village of Oak Brook G9 `moo i DuPage and Cook Counties, Illinois ORDINANCE 2019-ZO-V-EX-S-1561 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-11-10 OF TITLE 13 OF THE VILLAGE OF OAK BROOK MUNICIPAL CODE TO ALLOW A WALL SIGN ON THE PROPERTY LOCATED AT 1211 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-26-100-012 WHEREAS, an application has been filed by Olympik Signs, Inc. on behalf of True Group, Inc., as tenant ("Petitioner''), and AG Oak Brook Executive Venture, LLC, as owner ("Owner'), of the properties located at 1211 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ("Property'l, requesting a variation from Section 13-11-10E.4 of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations'l, to allow the construction of a wall sign ('Wall Sign's on an existing penthouse structure; and WHEREAS, Section 13-11-10E.4 of the Zoning Regulations prohibits wall signs from covering any architectural features or being affixed to areas setback from the building's perimeter fagade; and WHEREAS, the existing building located on the Property features a penthouse structure that constitutes an architectural feature, and the penthouse structure is setback from the building's perimeter fagade; and WHEREAS, the Petitioner and Owner cannot install the Wall Sign on the building's penthouse structure without first obtaining approval of a variation from Section 13-11-10E.4 of the Zoning Regulations to allow a wall sign to be installed in a manner that covers an architectural feature and on a portion of the building setback from the building's perimeter facade("Variation'); and WHEREAS, on January 15, 2019, the Oak Brook Zoning Board of Appeals ("ZBA') conducted a public hearing on the application for the requested Variation, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner and Owner satisfactorily addressed the factors required for approval of the Variation as set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated January 29, 2019, recommended approval of the Variation subject to certain conditions; and WHEREAS, on February 12, 2019, the Village President and the Board of Trustees reviewed the recommendations and concurred with the ZBA's findings; and WHEREAS, the Village President and Board of Trustees find that the applicable requirements of Section 13-14-6D of the Village Code relating to the granting of variations to the Zoning Regulations have been met and deem the Variation, as set forth below,to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Ordinance 2019-ZO-V-EX-S-1561 1211 22nd Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 2 of 8 Section 2. Variation Approved. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a variation to the Zoning Regulations to permit a wall sign to be installed in a manner that covers an architectural feature and on a portion of the building that is setback from the building's perimeter fagade. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Wall Sign will be constructed in substantial conformance with the plans prepared by Olympik Signs dated December 12, 2018 attached hereto and incorporated herein collectively as Exhibit B. B. Previously Approved Variations and Special Use. All other provisions of any approved special use or variation previously approved for the Property shall remain in full force and effect unless specifically changed by this Ordinance. C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property,all of the operations and activities conducted on and in the Property,and all structures, improvements, and appurtenances located on the Property must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations, as amended. Section 4. Failure to Comply with Conditions. Upon failure or refusal of Owner or Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by taw; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Owner and Petitioner with the Village Clerk,for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("Unconditional Agreement and Consent') to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The Unconditional Agreement and Consent must be executed by the Owner and Petitioner. The Unconditional Agreement and Consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that Owner and Petitioner do not file with the Village Clerk the Unconditional Agreement and Consent required by Paragraph 7.A.iii of this Ordinance within 60 days after the date of final Ordinance 2019-ZO-V-EX-S-1561 121122 Id Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 3 of 8 passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 26th day of February, 2019. ' Gopal G. Lalmalani Village President PASSED THIS 26th day of February, 2019. Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: None Absent: None ATTEST: b' F' C arlotte K. Pruss G %t Village Clerk C�CUUNT`l •`\`/ Ordinance 2019-ZO-V-EX-S-1561 1211 22nd Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject Property is located at 1211 22nd Street, in Oak Brook, Illinois and the legal description is as follows: LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS PIN: 06-26-100-012 EXHIBIT B Ordinance S-1561-Pace 5 of 8 f 5" ALUMINM CHANNEL 1� ...., s SIDES 8V090 BACK j Q.0., .: . 4 MOUNTING BOLTS TRIM CAP TO BE DETERMINED"""'—BY FIELD CONDITIONS LED POWER SUPPLY — ---WHITE LED MODULE LIGHTING SYSTEM INSULATED WIRE AS —TO MEET U.L.SPECS FOR FOR f APPLICATION --WHITE ACRYLIC FACES Wt i. VINYL OVERLAY DISCONNECT SWITCH I Section A Scale N.T.S. Flush mounted internally illuminated letterset. Self-contained electrical. South BuildingElevation - Before South BuildingElevation -AFTER 5"Deep .._ .. Face-Lit aluminum channel letters with White polycarb faces,Black trim caps, 105'-0" Black painted returns,flush mounted 85'-0"+- 35'-10%" 3'-0" A I c o I F ih In a Illuminated Face-Lit Channel Letterset- 8'-10" 27'-3" Air Intake I From Comer to Air Intake Scale 118'=1'-0" 38'-11" Qty: (1)Required From Corner to AC Unit Square Footage: 245.14 5"Deep aluminum constructed face-lit channel letterset. All letter and accent faces to be White Polycarb faces.Trim caps and returns to be painted Black. Sign to be illuminated with White LED Modules. Letters to be flush mounted to roof wall structure(as shown)Electric service to be brought to sign site(BY OTHERS). Field verification of building dimensions required prior to fabrication. Drawing for cm sept purposes only. I y s\ LL` UU •fob#: 18-7402 0����/� account representative cllent drawn by_ - Comments:_. _. .. ..___ __-._ 1211 w 22nd Street —_-- 08-01-18 R WHITEHEAD ' Oak Brook,IL 60523 PAMELA F •reV.# 12-12-18 SIGN LAYOUT lMSrp'/NAeKgtIL Le NN[/SWEDREIN3Yd.q/6I[77IOAYCONNfC7JOM/MN/A/AA7lN£.1.4�/YANMW6fAIYOLt 17A•i/SMOlRINfCOAY4.rN9r000LYD. �oarowrnvm�vraravrrmtaFraerars/vrw»avamrxi��rtr�maineevssmvavo� rncsayswr/rnraeris�waomrnoienrnranM"cssvwc page 3 of 4 Ordinance 201 9-ZO-V-EX-S-1 561 1211 22nd Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village").- WHEREAS, "Village'):WHEREAS, an application has been filed by Olympik Signs, Inc. for True Group, Inc., as tenant ("Petitioner''), and AG Oak Brook Executive Venture, LLC, as owner("Owner"), of the property located at 1211 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein ("Property'), requesting a variation from Section 13-11-10E.4 ("Variation') of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations'l, to allow for the construction of a wall sign ('Wall Sign'J; and WHEREAS, Ordinance No. 2019-ZO-V-EX-S-1561, adopted by the President and Board of Trustees of the Village of Oak Brook on February 26, 2019("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Ordinance Section 7 provides, among other things, that the Ordinance will be of no force or effect unless and until Owner and Petitioner file this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms,conditions and limitations set forth in the Ordinance; NOW, THEREFORE, Owner and Petitioner do hereby agree and covenant as follows: 1. The Owner and Petitioner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner and Petitioner acknowledge that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii)the Owner and Petitioner have considered the possibility that the Variation granted by the Ordinance may be revoked if the Owner and Petitioner do not comply with the Ordinance; and (iii) The Owner and Petitioner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Petitioner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the use of the Property, the construction of the Wall Sign and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner and Petitioner against damage or injury of any kind and at any time. 4. The Owner and Petitioner agree to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the operation and use of the Property, or the Village's adoption of the Ordinance. [SIGNATURE PAGE FOLLOWS] Ordinance 2019-ZO-V-EX-S-1561 1211 22nd Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 7 of 8 IN WITNESS WHEREOF, -J;N!ly1F;57e -.S�A Le-r-2 executed this Unconditional Agreement and Consent on behalf of True Group, Inc. on this day of kllf4e-Af 2019. True Group, Inc By: Its: State of Illinois ) County of DuPage ) I, G11 L ?'oL0,P4 E-k a Notary Public in and for the County and State aforesaid do hereby certify that JENNIfEk SALEILAJb , personally known to me, and that he/she appeared before me this /344-day of 14"C A1_, 2019, and acknowledged that he/she personally executed this instrument. V GAIL P LANEK LSEAL OFFICIAI SEAL Notary Public,State of Illinois Notary Public Seal My Commission Expires April 10,2022 IN WITNESS WHEREOF, 8e"7-ff6ffEi &H1 C"N Uexecuted/thhis Unconditional Agreement and Consent by AG Oak Brook Park Venture, LLC on this day of lkt�kC -1 2019. AG Oak Brook Executive Park Venture, LLC By: Its: c - �iy �, Qs State of Illinois ) County of DuPage ) I, 041E pOL-^NCK a Notary Public in and for the County and State aforesaid do hereby certify that &-AJATq O-AADAG141CFw Ny , personally known to me, and that he/she appeared before me this /WA day of /t/��N 2019, and acknowledged that he/she personally executed this instrument. AILIeQI0LWkK Notary Public �-C-�— Seal FIC112►�i6MA� �uby6ti�SiA6t�IHi ,� omtt�y;,;igtb��,tR9se APr, rtPA 992112 Ordinance 2019-ZO-V-EX-S-1561 1211 22n1 Street—True Group,Inc.Sign Variance PIN: 06-26-100-012 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject Property is located at 1211 22nd Street, in Oak Brook, Illinois and the legal description is as follows: LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS PIN: 06-26-100-012