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S-1369 - 05/14/2013 - VARIATION - Ordinances (2)II Illlllllllllllllllllllllllil IIII ;.: auoc a ._ FRED BUCHOLZ, RECORDER DUpAGE COUNTY ILLIHOl E4 R `-i l':�-Ili �.'t_j DrjUHME.. T # (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 1200 Jorie Boulevard Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN NO(S). 06-26-101-010 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of MTL Insurance Com an Recorded Document and Billing VAnn .Inrie Boulevard GIL Account to be charged: 10-1365 \j Prepared By and Return to: C112 kroo 2255Oak Balage of ook R ad / Oak Brook, Illinois 6052333 2255 Name & Address of Recipient of Consideration (when applic GIL Account to be charged:— ORDINANCE 2013-ZO-V-EX-S-1369 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-12-3C OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REQUIRED INTERIOR LANDSCAPING IN THE PARKING LOT FOR THE PROPERTY AT 1200 JORIE BOULEVARD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-101-010) WHEREAS, an application was filed by MTL Insurance Company ("Owner') requesting a variation from Section 13-12-4C ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to eliminate the required interior parking lot landscaping ("Interior Parking Lot Landscaping") in order to construct 39 additional parking spaces ( "Additional Parking Spaces') in the parking lot located at 1200 Jorie Boulevard, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, the Property is located in the ORA -1 Office Research Assembly District ("ORA -1 District"); and WHEREAS, Section 13-12-5 of the Zoning Regulations provides that the minimum required parking ratio for office uses is 3.3 spaces per 1000 square feet of gross floor area ( "Parking Space Requirement'; and WHEREAS, the parking ratio on the Property is currently 2.76 spaces per 1000 square feet of gross floor area; and WHEREAS, Section 13-12-3C of the Zoning Regulations requires: (i) interior shade trees to be planted with a maximum spacing of 40 feet, provided that at least one tree is located in the area occupied by every 15 interior parking spaces; (ii) landscaped dividers with a minimum width of six feet to be provided between every three parking bays; and (iii) individual permanent planter areas to be provided, with a minimum size of eight feet six inches by 17 feet, for interior trees with a minimum caliper of three inches, which do not drop a messy fruit (collectively, "Landscaping Requirements'; and WHEREAS, in order to provide Additional Parking Spaces, the Owner has proposed locating the Additional Parking Spaces where the Interior Parking Lot Landscaping is located (""Lot /mprovements'�; and WHEREAS, the Owner has requested the Variation because the Lot Improvements will not comply with the Landscaping Requirements; and WHEREAS, the applicant proposed to offset the loss of the Interior Parking Lot Landscaping by installing additional vegetation and landscaping around the perimeter of the parking lot as shown in Exhibit B; and WHEREAS, on April 2, 2013, the Oak Brook Zoning Board of Appeals (7BA') conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variation; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 2 of 9 Regulations and, in a letter to the President and Board of Trustees dated April 3, 2013, recommended approval of the Variation subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the ZBA 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. Section 2. Grant of Variation. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Owner is hereby granted a variation from Section 13-12-3C of the Zoning Regulations to allow the elimination of the landscape islands that comprise the Interior Parking Lot Landscaping in the parking lot of the Property. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The parking spaces and landscaping shall be constructed, maintained and replaced in substantial conformance with the approved plans, attached hereto as Exhibit B; B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended, that were in effect on the date that Owner submitted his building permit application to the Village except as specifically varied or waived by this Ordinance; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the parking spaces on the Property, the landscaping on the Property, and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village laws, statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner of the Property to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect; Non -Transferability. 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 the Owner's heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 3 of 9 i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] Ordinance 2013-ZO-V-EX-8- 1360 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Johe Boulevard PIN: 06-26-101-010 Page 4 of 9 APPROVED THIS 14th day of May, 2013. k 6-6-p"@l G. LaIrnalani Village President PASSED THIS 14th day of May, 2013. Ayes: Trustees AktiRis, Manz o, Moy,, Wolin, Yusuf and Zannis Nays: None Absent: N ne ATTES Charlotte K. Pruss Village Clerk Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 5 of 9 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 1200 Jorie Blvd., Oak Brook, Illinois and the legal description is as follows: LOT 7 IN CORPORATE PLAZA SUBDIVISION UNIT TWO OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 35 OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06-26-101-010 Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 6 of 9 Exhibit B Site Plan and Landscape Plan kuLyjrwv va ct/sz/tt (13 44261190A Issm -I V3"WLRVOMPM Nvr RLVC ot► was aLvo Vol I NVId BcIV:)S(IWVI Wn"30NOD IOW"'AAMM WVd #10 *AOOW 3M0 A ypVTM owtvavm Sam sm ICL j SIONMI 6WOONSWO sm"nSNI �UW Ix ul LL LL D to z 0 w CO) cloruwl %*Uftoge P"K wn larx-cwto mom, jw,oqof -.417'9z 9W7131121S :Cgaw *on ;&its 401 po4w- Laygwl Tab ttarrd_ SP• ,rnogtt! 06-26AJW: icw;t.jpq- , Xtefs 073042-1(.dmq; 073062-Pdrq; a7.S0/2-1HLKd4L4 Lail Sand ©yueb: ho , 1/23/2013 9;21:46 Au G:\DE\CCtntt\raTL u1Aur6na.e\073032 1204) ,crit Bau:nar3\4.0 Oil p`ntz\Ci%;1\Cadd\Prc:m\0?3042-SP A-9 Pk to 89:Ust-b*r, E,ris f"Doled:.iaraary 23, 2013, 9.21-M AY 0 a i rn v ti 1901 N iNITL rn Z INSURANCE *A.lAKLii1� 1 ����,�lV� 1200 JORJS BOULEVARD VILLAGE OF OAK GROOK, DU PAGE COUNTY, ILLIWS 151SSoulhMayeriRoad Snip 120 WOw RAT Qakbri"k Terra ce, IL 00131 � 630.424.1094 PROJECT Mn: >7730e2 Na GATE REVISt011 - ---'- — OATS IM 201-1 O ES. OR - FAX: L-JoAtL37M C1Sii. EV SITE PLAN I/ WIT 29e hPPUCwTXkt ---- Wyout Teo rsan.n: ExC, !mages: 06-26MIF-, Xt;e.Ipg: , xrefs! 07]012-x.a•q, 073042-P.a.g; 073012-T0Lx.adg Lock So.ed 8/,_tbchor, 1/23/2013 9:24-15 AU C_\DE\C4tnh\MrL mwrnnec\073042 MO .t,w;e e6o*-.6fd\4.0 Pane,! 8y.Utbe:hw. Erie P1oUea..rorw3rr 23. 4013, 9.27.t4 AV PROJECT No-, No. DATE i REVISION rn m � x 0 OAKEROOK ILLINOIS f 1400 JORIE BOUi.MM VILLAGE of OAK BROOK, OU PAGE COUNTY, ILLINOIS i,issol,lhllifylfCRoaa —�y SVIIe 124 Oaklveak Yerrecr, iL 4ald1 Yl`41.PMA� .......z -_.._. DATE JM[ 2013 DES. EU 041 — _ ' ---_..—.._........._ ...._.___........__.._--.--.--- FAX, 614.0S.3731 CKD. (4 EXISTING CONDMONS PLIT O.F- SURVET COMER. 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WWM IMW4 *9 - 0- 4 ~ ft " owwqmd 06"411 %Kd An too lk- IV O.Mp jo& b.0 • SEP 9 0194 luixtitwNtrimilue. xcsREatr W -AA fj 16" mn" tow rvojcm mm wnvwd oft *now" "yawl* No-oostwmilo" OAT%o fws3 14 k rat Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 7 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by MTL Insurance Company ("Owner') requesting a variation from Section 13-12-4C ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to eliminate the required interior parking lot landscaping ("Interior Parking Lot Landscaping") in order to construct 39 additional parking spaces ( "Parking Spaces' in the parking lot located at 1200-Jorie Boulevard, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, Ordinance No. 2013-ZO-V-EX-S-1369, adopted by the President and Board of Trustees of the Village of Oak Brook on May 14, 2013 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner 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 Owner does hereby agree and covenant as follows: 1. The Owner does hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner 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 Owner has considered the possibility that the variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) the Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner 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 Parking Spaces on 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 Owner against damage or injury of any kind and at any time. 4. The Owner 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 Parking Spaces, the Property, or the Village's adoption of the Ordinance. 5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 8of9 IN WITNESS WHEREOF / - /l�� executed this Unconditional Agreement and Consent on behalf of MTL Insurance Company, ownership, on this day of 2013. MTL Insurance Company By- Its - State of Illinois ) County of DuPage j I, 4g.40�; t P<5 "+AV Ce-_ a Notary Public in and for the County and State aforesaid do hereby certify that 4z-,r1,,oE;0A A _ jhoo _r3 personally known to me, and that he/she appeared before me this day of personally executed this instrument. IAL SEAQ. Seal IL LAIC [Na;otaryPublic S of 1111nols issionJu! 12, 2014 , 2013, and acknowledged that he/she Notary Public Ordinance 2013-ZO-V-EX-S-1369 Granting a Variation from the Provisions of Section 13-12-3C For 1200 Jorie Boulevard PIN: 06-26-101-010 Page 9 of 9 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 1200 Jorie Blvd., Oak Brook, Illinois and the legal description is as follows: LOT 7 IN CORPORATE PLAZA SUBDIVISION UNIT TWO OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 33 OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06-26-101-010