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S-1608 - 09/22/2020 - PLANNED DEVELOPMENT - Ordinances �4Q�OF . 0 411 0 ® ® December 4, 2020 D h G O A �? 'CFCOUNI"v�� Village Of Hines Oak Brook 44 W. Lake Street 1200 Oak Brook Road Suite 2400 Oak Brook,IL 60523-2255 Chicago, Illinois 60606 Website www.oak-brook.ore Administration Re: Recorded Document on: November 12, 2020 630.368.5000 ORDINANCE 2020-ZO-PUD-EX-S-1608, AN ORDINANCE APPROVING AN FAX 630.368.5045 AMENDMENT TO THE OAK BROOK COMMONS PLANNED DEVELOPMENT ORDINANCE 2019-ZO-PUD-EX-S-1568 IN THE VILLAGE OF OAK BROOK, Community Development ILLINOIS 60523 630.368.5101 FAX 630.368.5128 Document#R2020-134256 Engineering Department 630.368.5130 To Whom It May Concern: FAX 630.368.3985 A copy of the above-mentioned recorded document is enclosed for your records. This Fire Department is important information and should be retained in a secure area with your files. 630.368.5200 FAX 630.368.5128 Please do not hesitate to contact me at 630-368-5036 if you have any questions Police Department regarding this matter. 630.368.8700 FAX 630.368.8739 Thank You, Public Works Department 630.368.5270 FAX 630.368.5295 Oak Brook Public LiLibrabra ry Kathy Vonachen, CPP, CMC H.R. Director 600 Oak Brook Road Oak Brook,IL 60523 630.368.7700 FAX 630.368.7704 Enclosure Oak Brook Snorts Core cc: Tony Budzikowski, Director of Development Services Bath&Tennis Club 700 Oak Brook Road Doug Patchin, Director of Public Works & Engineering Oak Brook,IL 60523 Official Files 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 vpa�OF Oq k X90 December 4, 2020 d G � A �a UN(`l'v�. Village Of Holland & Knight, LLP Oak Brook Attn: Peter Friedman 1200 Oak Brook Road Oak Brook,IL 60523-2255 150 North Riverside Plaza Suite 2700 Website www.o ak-broo Lore Chicago, Illinois 60606 Administration 630.368.5000 Re: Recorded Document on: November 12, 2020 FAX 630.368.5045 ORDINANCE 2020-ZO-PUD-EX-S-1608, AN ORDINANCE APPROVING AN AMENDMENT TO THE OAK BROOK COMMONS PLANNED DEVELOPMENT Community Development 630.368.5101 ORDINANCE 2019-ZO-PUD-EX-S-1568 IN THE VILLAGE OF OAK BROOK, FAX 630.368.5128 ILLINOIS 60523 Document#R2020-134256 Engineering Department 630.368.5130 FAX 630.368.3985 Dear Mr. Friedman: Fire Department A copy of the above-mentioned recorded document is enclosed for your records. This 630.3 .368, 0 is important information and should be retained in a secure area with our files. FAX 630.368.5128 h Y Police Department Please do not hesitate to contact me at 630-368-5036 if you have any questions 630.368.8700 regarding this matter. FAX 630.368.8739 Public Works 'Thank You, , 630.368.5270 FAX 630.368.5295 Oak Brook ''"L�•/'�' Public Library Kathy Vonachen, CPP, CMC 600 Oak Brook Road H.R. Director Oak Brook,IL 60523 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Enclosure Bath&Tennis Club 700 Oak Brook Road cc: Tony Budzikowski, Director of Development Services Oak Brook,IL 60523 Doug Patchin, Director of Public Works & Engineering 630.368.6420Official Files FAX 630.3630.368.6.6439 Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 |∥∥∥翻∥1:l∥llll驚 =曇 T憲 413宇 II 11●■117=T FttE浄 日りI1lLE“ lF「,「=酢彗P由 == こ魯」HT∵ lLLI∥魯互3 11ド 1lJ壼 ■11 8'134 薦H 薔墓l彗 ∥EHT tt R壼 こi]-13415` Folloas of tlls documnt nlllc}lblo olilllr dnredlng, (Above Space For Recorder's OfFice Only)ViLLAGE OF OAK BR00K 1200 0ak Brook Road Oak Brookヮ lL 60523‐2255 RECORDED DOCUMENT T:TLE PAGE 丁11e of Documenti ORDINANCE 2020‐ZO―PUD¨EX‐S‐1608 AN ORDiNANCE APPROVING AN AMENDMENT TO THE OAK BR00K COMMONS PLANNED DEVELOPMENtt ORDiNANCE 2019‐ZO¨PUD―EX¨S-15681N THE VILLAGE OF OAK BR00K,ILL:N01S.60523 Property Address/es l120 22nd street and 211l McDona!d's Drive.Oak Brook=∥:inois 60523 1f vacantland,so state and list nearest cross streets) PIN No(s). 06‐23…407-006,06-23-407-007,06‐23‐406-015,06-23-406‐017 Name and Address of Applicant Hines and Holland&Knioht LLP 44 W Lake Street Ste 2400 150 N Riverside Plaza Ste 2700 Chicago,:L60606 ChiCaool:L60606 Name and Address of Responsible:Peter Friedman Party to Receive Copy ot Recorded Document and Billing Holland & Kniqht. LLP 150 North Riverside Plaza Suite 2700 Chicaoo,IL 60606 G/L Account to be charged: 10-1365 Name&Address of Recipient N/A _｀ of Consideration (when applicable G/L Account to be charged: で THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-ZO-PUD-EX-S-1608 AN ORDINANCE APPROVING AN AMENDMENT TO THE OAK BROOK COMMONS PLANNED DEVELOPMENT ORDINANCE 2019-ZO-PUD-EX-S-1568 FOR THE PROPERTY LOCATED AT 1120 22nd STREET AND 2111 MCDONALD’S DR IN THE VILLAGE OF OAK BROOK, ILLINOIS (PINS: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06- 23-407-007) GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 22nd day of September, 2020 ORDINANCE 2020-ZO-PUD-EX-S-1608 AN ORDINANCE APPROVING AN AMENDMENT TO THE OAK BROOK COMMONS PLANNED DEVELOPMENT ORDINANCE 2019-ZO-PUD-EX-S-1568 (PINS: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007) WHEREAS, Hines Interests Limited Partnership is the owner of the real property located at 1120 22nd Street and 2111 McDonald’s Drive, Oak Brook, Illinois, which property is legally described in Exhibit A to this Ordinance (“Property”); and WHEREAS, on May 28, 2019, the Village Board adopted Ordinance 2019-S-1568-ZO-EX-PUD (“PD Ordinance”), granting Hines a planned development to construct and operate a mixed-use development on the Property as depicted on the site plans and documents attached as Group Exhibit D to the PD Ordinance (“Original Site Plans”) and pursuant to the terms and conditions of the PD Ordinance (“Planned Development”), in accordance with Chapter 15 of the 1966 Zoning Ordinance of the Village of Oak Brook, Illinois, as amended (“Zoning Ordinance”); and WHEREAS, as approved, the Planned Development includes two separate residential condominium buildings, one identified as Building K (“Condo Building K”) and the other identified as Building L (“Condo Building L”), each of which was approved for 52 units and 14 stories; and WHEREAS, Hines, on behalf of itself and MedProperties Group (“Applicant”), submitted an application (“Application”) requesting approval of an amendment to the Planned Development that would (a)replace Condo Building L with a premier 78,200 square foot medical office building (“Medical Office Building”), (b) increase the height of Condo Building K from 14 stories to 19 stories and the number of condominium units from 52 to 72, (c) decrease the total number of condominium units in the Planned Development from 104 to 72, and (d) modify the parking garage for Condo Building K to provide two parking spaces per dwelling unit as required by the Zoning Ordinance for a total of 144 parking spaces, all as more specifically described and depicted in the Application attached to this Ordinance as Exhibit B (“Proposed Amendment”); and WHEREAS, pursuant to Section 13-15-8 of the Zoning Ordinance, approval of the Proposed Amendment requires separate review and approval under the provisions applicable to the initial approval of the Planned Development; and WHEREAS, the President and Board of Trustees conducted a preliminary, pre-application review of the Proposed Amendment at their May 12, 2020 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 conducted a public hearing on July 23, 2020, for the purpose of hearing and considering testimony on the Applicant's request for approval of the Proposed Amendment; and WHEREAS, following the conclusion of the public hearing, the PDC recommended that the Village Board approve the Proposed Amendment pursuant to the recommendation letter attached to this Ordinance as Exhibit C; and Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Page 2 of 23 WHEREAS, the President and Board of Trustees have considered the PDC’s recommendation and determined that the Proposed Amendment 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 Proposed Amendment, with certain adjustments related to the height of Building K, 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. Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village Zoning Ordinance and subject to the conditions set forth in this Ordinance, the Proposed Amendment shall be, and is hereby, approved to permit the construction and operation of the Medical Office Building as part of the Planned Development on the Property pursuant to the PD Ordinance as amended by this Ordinance. Section 3: Zoning Map Notation. Pursuant to Section 13-15-7B of Village Zoning Ordinance, the Village Manager or his designee is hereby authorized and directed to administratively amend the note on the Village's official zoning map indicating the existence and boundaries of the Planned Development approved by the PD Ordinance as amended by this Ordinance. Section 4: Site Plan Condition. The Original Site Plans attached to the PD Ordinance as Group Exhibit D pursuant to Subsection 5A of the PD Ordinance are hereby amended to reflect the approval of the Medical Office Building and the Proposed Amendment as provided in this Ordinance. The pages of the Original Site Plans amended to reflect the approval of the Medical Office Building and the Proposed Amendment are approved and attached to this Ordinance as Group Exhibit D (“Amendment Pages”). Any reference to Group Exhibit D in the PD Ordinance shall be deemed to be a reference to the Original Site Plans as amended by the Amendment Pages attached to this Ordinance as Group Exhibit D (collectively, “Amended Site Plans”). Section 5: 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 Medical Office Building and the Proposed Amendment: A. A departure from Section 13-12-5 of the Zoning Ordinance to permit and allow an off- street parking ratio of 3.59 parking spaces per 1,000 square feet of floor area for the Medical Office Building on Lot L of the Planned Development. B. A departure from Section 13-11-10.C.2 of the Zoning Ordinance to permit wall signs on the south, east, and west building facades of the Medical Office Building on Lot L of the Planned Development and as depicted on the Amended Site Plans. Section 6. Specific Amendments to PD Ordinance. Pursuant to Section 13-15-4 of the Zoning Ordinance, and subject to the conditions and restrictions set forth in this Ordinance, Section 4 and Section 5 of the PD Ordinance shall be specifically amended as follows to reflect the approval of the President and Board of Trustees of the Medical Office Building and the Proposed Amendment: Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Page 3 of 23 A.Subsection C of Section 4 of the PD Ordinance is hereby amended to be and read as follows: “C. A departure from Zoning Ordinance Section 13-10B-3B to increase the maximum permitted building height on the Property from 12 stories or 174 feet, whichever is less, as follows: 1)Building E, Luxury Apartments and Parking Deck: No taller than 182 feet, 17 stories; and 2)Building K, Luxury Condominiums: No taller than 182 feet, 14 stories.” B.Subsection F of Section 4 of the PD Ordinance is hereby amended to be and read as follows: “F. A departure from Zoning Ordinance Section 13-15-8 to allow the Applicant to modify the square footage and height of Buildings E, G, H, J, K, and L from the square footage and height depicted on the Group Exhibit D, subject to the following: 1)Any modification to the height of Building E shall not increase Building E’s height beyond 182 feet as shown in Group Exhibit D, and any modification to the height of Building K shall not increase Building K’s height beyond 182 feet.” C.Subsection G of Section 4 of the PD Ordinance is hereby amended to grant a departure from Zoning Ordinance Sections 13-15-7C-G to adopt the amended phasing schedule for the Planned Development attached hereto as Exhibit E (“Amended Phasing Schedule”), which Amended Phasing Schedule includes the Medical Office Building on Lot L in Phase 1 of the Planned Development. Any reference in the PD Ordinance to Exhibit E or the phasing schedule for the Planned Development shall be deemed to be a reference to the Amended Phasing Schedule attached as Exhibit E to this Ordinance. D.Subsection B of Section 5 of the PD Ordinance is hereby amended to be and read as follows: “Condominium Building and Hotel. The design, quality, and appearance of Building G (Hotel) and Building K (Residential Condominiums) will substantially comply with Group Exhibit D. The Corporate Authorities will review the Applicant’s final plans for Buildings G and K and determine whether they substantially comply with this Ordinance. If the Corporate Authorities determine that final plans for Building G or Building K do not substantially comply with this Ordinance, the Applicant may submit an application for a non-minor change to the Planned Development pursuant to Zoning Ordinance Section 13-15-8.” E.Paragraph 2 of Subsection G of Section 5 of the PD Ordinance is hereby amended to be and read as follows: Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Page 4 of 23 “2. Residents and guest of residents of Buildings E and K shall be prohibited from occupying the Development’s surface parking lot spaces.” F.Subsection K of Section 5 of the PD Ordinance is hereby amended to be and read as follows: “Condominium Declarations. A condominium declaration must be recorded against the Property in connection with the Development before the Village issues a certificate of occupancy for Building K. The declaration must be in a form approved by the village attorney and address maintenance and operation obligations concerning Building K, including, without limitation, stormwater management, property maintenance, parking, access, and prohibit short term rental of residential dwelling units. Declarations concerning maintenance and operation of Building K may not be modified, removed, or released without the Corporate Authorities’ consent. The Village and any owners of Buildings K, or any part thereof, will be authorized to enforce the declarations.” Section 7: Conditions of Approval. The approvals granted in Sections 4, 5, and 6 of this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by the following conditions, the material 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 in accordance with the procedures set forth in Ordinance Section 10, and with respect to any portion of the Development that has not received a certificate of occupancy from the Village or is not subject to a valid, active building permit issued by the Village: A.Compliance With Plans. The development, maintenance, and operation of Building L will be in substantial compliance with the Amended Site Plans, except for minor changes approved by the Development Services Director and Village Manager in accordance with Zoning Ordinance Section 13-15-8. B.Building K. The changes to Building K to 14 stories and up to 52 owner-occupied units is approved in concept and shall be subject to an Amendment to the Planned Development that will incorporate a final site plan, final building elevation and other final design drawings as part of a formal amendment to the PD Ordinance. No use other than owner- occupied residential condominiums shall be allowed for Building K without the prior approval of the Village Board by an amendment to the PD Ordinance. C.Final Engineering. Final engineering approval shall be required prior to the issuance of a building permit for Building L. D.Final Landscape Plan. Final landscape plan approval shall be required prior to issuance of a building permit for Building L. E.Floor Area Ratio Limitation. The floor area ratio (FAR) approved for the Property will apply to all lots within any future subdivision of the Property (total of 17.47 acres) as a whole. The FAR calculation for the entire Property, even after subdivision, may not exceed 1.56 as identified in the PD Ordinance. Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Page 5 of 23 F.Security/Site Control. The security and site control measures for Building L shall be discussed and developed in cooperation with the Oak Brook Police Department to utilize public and private resources in establishing a thorough and appropriate building and site security plan. G.Trash Enclosures. Trash enclosures and other service areas shall be provided within Building L unless otherwise noted on the approved site plan. H.Signage. A final wall sign exhibit shall be required depicting all three wall signs on the south, east, and west elevation of Building L. The wall sign on the west building façade shall only be illuminated during the hours of operation for Building L and only with Board approval once Building K (residential condominiums) is built. All sign proposals shall comply with all other applicable sign code regulations of the Oak Brook Zoning Ordinance. I.Continued Effect of PD Ordinance. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the PD Ordinance remain unchanged and in full force and effect. In the event of a conflict between this Ordinance and PD Ordinance, this Ordinance will control. J.Applicable Codes. The Applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived or otherwise approved in this Ordinance and the PD Ordinance as amended by this Ordinance. 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 otherwise provided in this Ordinance, all applicable ordinances and regulations of the Village shall apply to the Property. Further, the development and use of the Property shall be in compliance with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction over the Property. M.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 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Page 6 of 23 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 7.M that is not paid within 60 days after delivery of a demand in writing for such payment along with a reasonably detailed invoice for such costs, shall, along with interest and the costs of collection, become a lien upon the Property (or that portion of the Property to which the unpaid amount relates), and the Village shall have the right to foreclose such lien in the name of the Village as in the case of foreclosure of liens against real estate. Section 8: Binding Effect; Transferees. The privileges, obligations, and provisions of each and every section of this Ordinance are for the benefit of, and will be binding on, Hines and Hines’s heirs, successors, and assigns, and upon any and all successor legal or beneficial owners of all or any portion of the Property. Prior to transferring ownership or title of all or any portion of the Property, or any legal or equitable interest in the Property to any person or entity other than Hines or an entity controlled and managed by Hines, Hines and transferee shall: a) provide the Village with reasonable, written assurances that the transferee has the financial ability to meet this Ordinance’s obligations; and b) execute and deliver to the Village the transferee assumption agreement attached to this Ordinance as Exhibit F. The failure of Hines and transferee to provide the Village with an enforceable transferee assumption agreement as herein provided shall result in Hines remaining fully liable for all of its obligations under this Ordinance, but shall not relieve the transferee of its liability for all such obligations as a successor to Hines. Hines and successor’s compliance with this Section 8 shall release Hines from its obligations under this Ordinance to the extent of the successor’s assumption of such obligations. Section 9: Amendments. Unless otherwise expressly stated in this Ordinance, any minor or non-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 10: Failure to Comply with Conditions. Upon failure or refusal of the Applicant to comply with any or all of the material conditions, restrictions, or provisions of this Ordinance, the approvals granted pursuant to this Ordinance with respect to any portion of the Development that has not received a certificate of occupancy from the Village or is not subject to a valid, active building permit issued by the Village will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted after written notice has been provided to the Applicant at least 15 days before the ordinance is adopted, be revoked and become null and void. In the event of a conflict between the language of this Ordinance and the Exhibits attached hereto, the language of this Ordinance will control. Section 11: 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 12. Effective Date. A.This Ordinance will be effective only upon the occurrence of all of the following events: 1.Passage by the President and Board of Trustees in the manner required by law; 2.Publication in pamphlet form in the manner required by law; 3.The filing by the Applicant with the Development Services Director of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional Odinanc€ 202GZO-PUD-EX-S- t 608 Amendm€nt to PlaDn€d D€vslopmqnt Oak Brook Commons 1120 22nd Street and 2111 McDonatd's Drive PlNs: 0G29406-015; 06-254cf-01 7 :06-2 07{06; aM 06-2}4;Ot407 page 7 of 23 agreement and consent must be in the form of Exhibit G, attached to and, by thisreference, made a part of this Ordinance; and 4. The recordation of this ordinance in the oftice of the Dupage county Recorder.The Appricant wi bear the tul cost of this recordation. Th-is ordinince wifi berecorded againsl all lots comprising the property. B. ln the event that the Applicant does not file with the Village CleIk the unconditionatagreement and-consent required by Paragraph 12.A.3 of this Ordinance withi-n 60 days afler the date of,inal passage of this Ordinance, the Board ol'Trustees will have the right, in its sote Oilcretion,'to Jecia.ethis Ordinance null and void and of no force or effect. APPROVEDTH|S22ndDayof Septe ^tur,2020 / ,4''.^w'2o2o(/ j/-.4 Gopal G. Lalmalani Village President PASSED THIS 22"d Day of September, 2O2O Ayes: Nays:None Absent: ATTEST:CM Charlotte K. Pruss Village Clerk Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit A Page 8 of 23 EXHIBIT A LEG AL DESCRIPTION PARCEL 1: LOT 4 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT 1 (EXCEPT THAT PORTION FALLING WITHIN LOT 3 OF BUTLER COMPANY-M-1, INC. ASSESSMENT PLAT NO. 1, RECORDED JULY 8, 1964 AS DOCUMENT R64-24068), BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1968 AS DOCUMENT R68-30335, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT R2009-111381, IN DUPAGE COUNTY, ILLINOIS. PARCEL 3: THE PROPOSED LAND DESCRIBED AS FOLLOWS; LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3 (EXCEPT THE NORTH 170.00 FEET AS MEASURED ALONG THE EASTERLY LINE THEREOF), BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT NUMBER R2009-111381, IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. TO BE KNOWN AS: PROPOSED LOT 2 IN THE FINAL SUBDIVISION PLAT OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 4, BEING A RESUBDIVISION OF LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD’S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 18, 2020 AS DOCUMENT NUMBER R2018-071747 IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. Common Address: 1120 22nd Street, Oak Brook, Illinois 60523 2111 McDonald’s Drive, Oak Brook, Illinois 60523 PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit B Page 9 of 23 EXHIBIT B APPLICATION 325 North LaSalle Street Suite 450 Chicago, Illinois 60654 312-528-5200 www.elrodfriedman.com August 25, 2020 To: President Lalmalani and Board of Trustees From: Peter M. Friedman Re: Hines Oak Brook Commons Medical Office Building Planned Development Amendment I.Background Hines Interests Limited Partnership (“Hines”) and MedProperties Group (“MPG”) have applied for a major amendment to the Oak Brook Commons Planned Development (Ordinance No. 2019-ZO-PUD-EX-S-1568) (“PD Ordinance”) to allow for the construction of a premier medical office building on the Pad L site of the property (“OBC Medical”). In accordance with the planned development regulations, Hines and MPG made a preliminary presentation to the Village Board on May 12, 2020. The Village Board favorably referred the application to the Planned Development Commission for the required public hearing and recommendation. The Planned Development Commission held the required public hearing on July 23, 2020. The Commission recommended 5 – 1 that the Village Board approve the requested zoning departures and proposed amendment to the PD Ordinance. The Commission also recommended 6 – 0 that a special condition be included in the amended PD Ordinance with regard to signage, as further discussed below. The proposed amendment to the PD Ordinance for the medical office building will be on the agenda for the Village Board’s regular meeting on September 8, 2020. II.Proposed Amendment – New Medical Office Building A.Overview. The proposed amendment to the PD Ordinance would (i) replace the condominium Building L with a state-of-the-art medical office building and (ii) increase the size of the condominium Building K from 14 to 19 stories while increasing the number of condominium units in Building K from 52 to 72. The number of provided covered parking 12. EXHIBIT B APPLICATION 2 spaces for the expanded Building K would increase from 104 to 144 to ensure two spaces per unit. The proposed amendment would not change the maximum allowable building area in the Planned Development and would maintain the maximum allowable 1.56 FAR. The medical office building is currently designed at seven stories, with the ability to accommodate 78,200 gross square feet. The facility will provide comprehensive care to Oak Brook residents and those in the surrounding communities. Its proximity to the Oak Brook retail and office market will also allow it to serve the needs of a robust daytime population. The first floor of the medical office building will be designed to include the main lobby, immediate care and a comprehensive imaging suite. The upper floors will contain several medical specialties such as a women’s center, family care, orthopedics, and pediatrics, among other medical concentrations. These specific program details are not yet confirmed, but we are confident that the final mix of medical specialties will be broad and highly attractive to the Oak Brook community. The immediate care suite will contain its own dedicated patient drop -off on the northwest corner of the building off of Commerce Drive. Additionally, the east entrance features covered patient drop-off and on-site covered parking that is internal to the building. The medical suites will be on the upper three floors, all of which will have flexible 18,000-square-foot floor plates. There will also be an outdoor terrace on the fifth floor which will create a unique, calming setting for patient families, staff and doctors. There will be no overnight stays at the facility. B.Requested Departures. We are requesting two departures as part of the proposed amendment to the Oak Brook Commons PD Ordinance. The first departure is to allow the medical office building to provide 281 covered parking spaces over three levels for a ratio of approximately 3.56 per 1,000 gross square feet. The Village Code includes a very high medical office building requirement of one space per 200 gross square feet, or 5.00 per 1,000 gross square feet . For all other office and professional uses, the required ratio is 3.00 per 1,000 gross square feet. The 281 proposed covered parking spaces is entirely consistent with industry standards for these types of medical office facilities. To ensure that our planned parking program meets operational standards as well as the demanding minimum requirements of potential building tenants, we commissioned a study by Walker Consultants, an independent, third-party industry leader and the largest U.S. parking planning and design firm with vast experience in all aspects of parking operations, technology, and mobility solutions. This study was provided to the Planned Development Commission and is included in the Board materials. Walker found that of 18 medical office buildings studied in the greater Chicago metropolitan area, the average actual parking demand ratio was 3 .12 per 1,000 gross square feet, far less than the 3.56 proposed we are proposing for the new medical office building. Further, based on conservative estimates of the number of patients and 12.a 3 employees anticipated to use the medical office building throughout the week, Walker concluded that the planned 281 spaces exceed by 56 what will be necessary to handle the maximum number of employees and patients. Walker also noted that the current industry standards and metrics of parking calculations likely overestimate required parking because they do not consider telemedicine and virtual health impacts of the COVID-19 pandemic, which will likely decrease in-person visits to medical office buildings and thus reduce parking demand. The second departure is to allow additional wall signage for the medical office building. We had a useful and productive discussion with the Planned Development Commission about this issue. The Planned Development Commission unanimously adopted a motion recommending that a departure be granted to allow wall signs on no more than three of the building elevations. In accordance with the Commission’s motion, we have revised our plans (attached) to show wall signage on only the east, south, and west elevations of the building. We have eliminated the wall signage on the north election of the building. Further, we have no objection to the additional limitations that the Commission recommended with regard to the wall signage on the western elevation (that is, illumination only during hours of operation of the medical office building and only with Board approval once the condo building is built). The signage departure is critically important for this project. Medical office buildings are unlike typical office buildings. Medica l buildings and medical users require signage as an integral part of the use, not simply for branding. In many instances, patients (who will often be elderly) will be coming to the facility under some level of stress or discomfort. This makes clear signage identifying the building of paramount importance, particularly on the western elevation so patients can easily identify the facility from the western intersections and approaches. C.Other Issues. The following miscellaneous issues were discussed at the public hearing and we wanted to provide follow-up to the Board. •We have revised Plan Sheet 17.4 to specifically show the connection between the interior hallway and the immediate care suit. •Outpatient surgery is not contemplated at this time. This connection will allow patients to access the immediate care suite internal to the building, avoiding the need to walk outside. D.Timing. It is anticipated that upon approval of the planned development amendment, we will move quickly to complete design wo rk so that a building permit application can be submitted as soon as the first half of 2021, allowing for delivery of the building for occupancy as soon as 2022 or 2023. While we will request some flexibility in the schedule to account for COVID-19 developments, approval of the proposed amendment will, in 12.b 4 essence, move Building L from an at best uncertain Phase 2 development timeline to a more immediate and certain development schedule. This would be a significant opportunity for the Village to ensure continued economic growth notwithstanding the historically challenging times that we currently face. The fiscal impact analysis that we have provided shows the positive economic benefit of the proposed development to the Village. We appreciate your consideration of this important request for the ongoing development of the Oak Brook Commons Planned Development. We look forward to seeing you on September 8. 12.c Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 Planned Development Amendment Oak Brook Commons Plan Development Commission Public Hearing – July 23, 2020 I.Introduction Hines Interests Limited Partnership (“Hines”) is pleased to submit this proposal to amend the Oak Brook Commons Planned Development to allow the construction of a premier medical office building on the Pad L site of the property. Hines is partnering on this exciting and unique opportunity with MedProperties Group (“MPG”). The proposal and planned development amendment will satisfy all of the planned development regulations of Chapter 15 of the Oak Brook Zoning Ordinance. In accordance with the planned development regulations, Hines and MPG made a preliminary presentation to the Village Board on May 12, 2020. The Village Board referred the application to the Plan Development Commission for the required public hearing and recommendation. II.Property and Development Status On May 28, 2019, the Village Board adopted Ordinance 2019-ZO-PUD-EX-S- 1568, approving the Oak Brook Commons Planned Development (“Planned Development”) at the property commonly known as 1120 West 22nd Street and 2111 McDonald’s Drive, at the northeast corner of 22nd Street and Spring Road in Oak Brook (“Property”). The Planned Development authorizes the construction and development on the Property of an integrated mixed-use redevelopment including luxury apartments and distinguished for-sale condominiums, significant retail (including upscale food and beverage establishments), ground breaking multi-use office, high-end limited service hotel, and significant public green space amenities. The Planned Development includes a detailed phasing schedule for the development of the Property, divided into Phase 1, Phase 2, and Phase 3 (“Phasing Schedule”). In full compliance with the Phase I requirements, Hines has completed the demolition of the existing office building. Hines has also filed the required complete building permit application for all site, infrastructure, and utility work associated with Phase 1 of the Development, including grading, site preparation, utility work, all required Phase 1 surface parking spaces and sidewalks, landscaping, lighting, central park, and the temporary parking lot east of McDonald’s Drive. Additionally, Hines has completed design work on the Luxury Apartment Building and will be filing the required building permit application for this key part of the Development ahead of schedule. In other words, despite the incredibly challenging real estate environment and the COVID-19 public health emergency, the development is on schedule and in compliance with the Planned Development Phasing Schedule and Hines continues to be 100 percent committed to the Oak Brook Commons development. Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 2 III.Building K and Building L under Original Planned Development As adopted, the Planned Development authorizes two separate condominium buildings – one designated on the plan as Building K and the other designated as Building L. Building L is located in the far northeastern corner of the Property and Building K is located directly west of Building L at the southeast corner of Commerce and McDonald’s Drives. Under the original Planned Development, Buildings K and L would each have 52 units. Significantly, however, owing to the depressed and uncertain market for high end suburban condominium developments, both Buildings K and L are included in Phase 2 of the Development, meaning that there is no specific timeframe for their development and building permits are only required “as soon as practicable.” IV.Proposed Amendment – New Medical Office Building A.Summary of Project. The proposed amendment to the Planned Development would (i) replace the condominium Building L with a state-of-the-art medical office building as described further below and (ii) increase the size of the condominium Building K from 14 to 19 stories while increasing the number of condominium units in Building K from 52 to 72 (“MOB Amendment”). The number of provided covered parking spaces for the expanded Building K would increase from 104 to 144 to ensure two spaces per unit. The proposed amendment would not change the maximum allowable building area in the Planned Development and would maintain the maximum allowable 1.56 FAR. The MPG medical office building at the Oak Brook Commons Planned Development will be a premier outpatient care facility (“OBC Medical”) located at the northeast corner of the Planned Development. OBC Medical is currently designed at seven stories, with the ability to accommodate 78,200 gross square feet. OBC Medical will provide comprehensive care to Oak Brook residents and those in the surrounding communities. Its proximity to the Oak Brook retail and office market will also allow it to serve the needs of a robust daytime population. OBC Medical will include 281 covered parking spaces for a ratio of approximately 3.56 per 1,000 gross square feet. The amount of parking that MPG is providing is entirely consistent with industry standards for these types of medical office facilities. MPG has provided a detailed parking study confirming for the Village that the provided covered parking spaces are clearly sufficient for the proposed medical office use. This is explained further in Section V.F of this submittal. The first floor of OBC Medical is designed to include the main lobby, immediate care and a comprehensive imaging suite. The upper floors will contain several medical specialties such as women’s center, family care, orthopedics, and pediatrics, among other medical concentrations. These specific program details are not yet confirmed, but MPG is confident that the final mix of medical specialties will be broad and highly attractive to the community. The immediate care suite will contain its own dedicated patient drop-off on the northwest corner of the building off of Commerce Drive. Additionally, the OBC Medical east entrance features covered patient drop-off and on-site covered parking that is internal to the building. The medical suites will be on the upper three floors which will each be flexible 18,000-square-foot floor plates. There will also be an outdoor terrace on the fifth floor which will create a unique, calming setting for patient families, staff and doctors. There will be no overnight stays at the facility. MPG has provided a detailed traffic study (Tab 9) confirming for the Village that the anticipated traffic generated by the medical office Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 3 use will not adversely impact surrounding external streets or internal traffic circulation within the Oak Brook Commons development. OBC Medical has been thoughtfully designed by Antunovich Associates and MPG to deliver both refined architecture and a world-class patient experience to residents of Oak Brook and the surrounding communities. The building’s historic harkening of style will be constructed out of quality materials including buffed architectural concrete, glass and metal accents found in new construction Class A facilities. The covered parking deck will be screened to limit the appearance of parking, compliment the feeling of density and mimic a mixed-use building with office on top and an active first floor. OBC Medical will be a measuring stick for all future medical office building developments. OBC Medical will also fully compliment the Oak Brook Commons premier mixed-use planned development that the Village Board approved in May 2019. B.Departures Hines and MPG are requesting two departures as part of the proposed amendment to the Oak Brook Commons Planned Development. The first departure is to allow one additional wall sign on the western frontage of the OBC Medical office building. This request is further discussed in Section V.H of this submittal. The second departure is to allow the OBC Medical building to provide 281 covered parking spaces for a ratio of approximately 3.56 per 1,000 gross square feet. This request is further discussed in Section V.F of this submittal. C.Timing. Significantly, MPG anticipates that upon approval of the planned development amendment, it will move quickly to complete design work so that a building permit application can be submitted no later than January 2021, allowing for delivery of the building for occupancy as soon as 2022. While MPG will request some leeway to account for COVID-19 developments, approval of the proposed amendment will, in essence, move Building L from an at best uncertain Phase 2 development timeline to a more immediate and certain Phase 1 development schedule. This would be a significant opportunity for the Village to ensure continued economic growth notwithstanding the historically challenging times that we currently face. MPG has also provided a fiscal impact analysis showing the positive economic benefit of the proposed development to the Village. D.Full Submittals and Review of Project Impacts. Hines and MPG know well and appreciate the Village’s focus on how new developments may impact various elements of the Village. The Village’s Planned Development regulations rightly require detailed information on traffic, environmental impacts, fiscal impacts on the Village and demand on Village services, utility and public improvements, drainage and storm water analysis, and lighting. Hines and MPG have studied all of these issues and have provided this information for Village review as part of the Planned Development review process. We are particularly aware of concerns regarding new development impacts on Village services and will strive to minimize undue Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 4 strain on the excellent services provided by the Village public works, public safety, and other Village departments. In support of our application, we have included the following: •Tab 1 – Introduction and Summary •Tab 2 – Detailed analysis of planned development standards and departures •Tab 3 – Plan Documents (architectural, landscape, lighting, civil engineering & survey) •Tab 4 – Environmental impact analysis memo •Tab 5 – Offsite utility impact memo •Tab 6 – Preliminary stormwater report memo •Tab 7 – Projected water demand & wastewater flow calculations •Tab 8 – Fiscal impact analysis •Tab 9 – Traffic analysis •Tab 10 – Parking code and demand analysis •Tab 11 – Planned development application •Tab 12 – Affidavit of service on surrounding properties & mailing list •Tab 13 – Notice of public hearing E.Development Team. Hines and MPG have assembled a development team with the expertise, financial capability, Oak Brook-specific experience, and creativity to ensure that the MOB Amendment and OBC Medical development of Building L is a complete and successful project. •Master Developer – Hines As you know, Hines is a privately owned global real estate investment, development and management firm, founded in 1957, with a presence in 207 cities in 24 countries and $116.4 billion of assets under management. Hines has 109 developments currently underway around the world, and historically, has developed, redeveloped or acquired 1,319 properties, totaling over 431 million square feet. With extensive experience in investments across the risk spectrum and all property types, and a pioneering commitment to sustainability, Hines is one of the largest and most respected real estate organizations in the world. Hines is a global leader in environmentally sustainable development. In 1999, Hines became the first international and privately held real estate company in the world to commit to Energy Star, and in 2004 was the first commercial real estate firm to win the Energy Star Sustained Excellence Award. Hines will pursue sustainability accreditation throughout the Project, through incorporation of permeable pavers, bioswales, or other environmentally sensitive design and construction techniques and is already designing the Multifamily Pad E building to achieve LEED certification. Hines has been active in Chicago since 1981 and has delivered over 10 million square feet of commercial and residential developments in the city and suburbs. Hines has a history of successful development in the Village of Oak Brook, having delivered Oak Brook Pointe at 700 Commerce in 2000. Oak Brook Pointe represents an example of Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 5 successful development execution, as it achieved fully leased status shortly after opening and remains a highly coveted office address nearly twenty years later. •Medical Office Building Developer -- MedProperties Group MedProperties Group is a well-established and respected real estate investment, development and operating platform based in Chicago. The MPG team is comprised of senior real estate professionals with institutional backgrounds and healthcare provider experience. The company’s portfolio totals over two million square feet and a premier roster of healthcare providers including major health systems, including Northwestern Medicine and Advocate Health Care. The MPG team’s key personnel for the Oak Brook project have practical experience in entitlements, land planning, architecture and engineering, construction, project financing and tenant fit-out. We have attached additional important information about MPG, its extraordinary leadership team, and further details about its medical portfolio assets and completed and in process developments. •Master Planner – Antunovich Associates Oak Brook Commons and the Building K development have been thoughtfully planned by Antunovich Associates, an acclaimed Architectural, Planning and Interior Design firm with deep experience designing significant mixed-use projects in Illinois and across the country. Antunovich Associates is uniquely qualified to continue to lead the visioning and design of the many elements of the Oak Brook Commons, as the principals at the firm have worked within the Village of Oak Brook with the McDonald’s Corporation since 1978. Joe Antunovich has been personally involved in the planning and design of the 1.0 million square foot McDonald’s Office Campus on the former Butler Estate and the re- entitlement of the 35-acre Autumn Oaks property along Ginger Creek for 600,000 square feet of office space. More recently, Antunovich Associates prepared master plans for McDonald’s properties in Oak Brook, including the 100-acre Office Campus Headquarters and its former Headquarters site on 22nd Street in anticipation of McDonald’s moving to the West Loop in Chicago. As a result of these efforts and the extensive coordination over the years with Village staff, Antunovich has developed an uncommon understanding of the site and the Village’s priorities and concerns. Antunovich also has a history of successful work with Hines, having led the design of the redevelopment of the former Children’s Memorial Hospital site in Lincoln Park. The project, Lincoln Common, is a complex mixed-use development that will deliver a collection of new construction and renovated historic buildings consisting of 538 apartments, 32 condos, 150 senior living units, 100,000 square feet of retail, and 50,000 square feet of office space in one of Chicago’s most historic and beloved neighborhoods. •Legal Counsel – Elrod Friedman LLP, Peter Friedman The attorneys at Elrod Friedman LLP and Peter Friedman have extensive experience in zoning, entitlement, and land development matters. Having previously worked on the Oak Brook Commons planned development, the establishment of the Village’s Planned Development regulations, and having served for five years as Village Attorney, Mr. Friedman is uniquely able to guide the proposed planned development Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 6 amendment through the Village review process in accordance with all of the Village’s planning and zoning regulations. •Civil Engineer – V3 Companies •Landscape Architect – Confluence •Parking Code and Demand Analysis – Walker Consultants •Traffic Engineer – Gewalt Hamilton Associates •Fiscal/Economic Impact Consultant – SB Friedman Development Advisors Thank you for your continuing support of the Oak Brook Commons development and for your consideration of the proposed amendment as described in this submittal. We look forward to presenting this opportunity to you at your July 23 public hearing and to answering any questions that you may have. Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 7 Planned Development Amendment Oak Brook Commons Plan Development Commission Public Hearing – July 23, 2020 V.General Planned Development Standards (13-15-3A and 3B) The Oak Brook planned development standards are set forth in Section 13-15-3 of the Village Zoning Ordinance. Nothing about the MOB Amendment and OBC Medical will change the fact that the Oak Brook Commons development satisfies the most fundamental planned development requirements of providing -- in the context of the development of a premier mixed-use community -- specific, unique, and tangible public benefits to the Village and its corporate and residential citizens. OBC Medical fits perfectly within the overall development scheme of providing exceptional amenities, landscape features, architectural and site design, and the creation and maintenance of special manmade and natural features of the site, all as more specifically set forth below. Section 13-15-4 of the Village Zoning Ordinance recognizes that planned developments often do not fit perfectly within the otherwise applicable regulations of the underlying zoning district. The Ordinance provides that the Village Board may approve allowances or departures from the underlying zoning district regulations as part of a planned development approval. In accordance with Section 13-15-4 of the Zoning Ordinance, we have specifically identified two departures that we are requesting as part of the proposed development. Hines and MPG have taken a measured approach to these requests and believe that each of these requests is critically important to the success of the MOB development. Each of the requests, being integral to the overall development, satisfies the applicable planned development standards, as more specifically described below for the entire Project. A.Consistency with Plans. The MOB Amendment and OBC Medical are consistent with the Oak Brook Comprehensive Plan and the May 28, 2019 Commercial Areas Revitalization Plan. 1.1990 Comprehensive Plan. The 1990 Plan places the Property in Planning District 1, which includes the Oakbrook Center as well as most of the business and commercial activities at the time in the Village (p. 21). Throughout the Plan, the Village emphasizes the need to maintain and enhance the restaurant and commercial vitality of the Village for its residents and for its non-resident daytime population. The Plan encourages office developments, local services and facilities for the Village’s daytime employee population, and appropriate landscaped parking areas. (p. 59). Finally, the Plan encourages attractive surface lot landscaping and the use of enclosed parking for office and related facilities and uses (p. 58). The MOB Amendment and OBC Medical are consistent with the 1990 Plan. The project will be an integral part of the Oak Brook Commons activation of a prime underutilized segment of the Village’s commercial planning area with a high-quality medial office use for Building L and the maintenance of condominium use for Building K. The project parking plan includes high quality landscaping and an enclosed parking deck for users of OBC Medical. The project has been planned to provide needed services and amenities for the benefit of Oak Brook Commons residents as well as other Village residents and non-resident daytime visitors. Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 8 2.May 28, 2019 Commercial Areas Revitalization Plan. The May 2019 Plan designates the Property as a “mixed-use” site optimally used for commercial, office, cultural, institutional, and/or residential uses in a vertical arrangement, with a key guiding development principal to ensure high-quality architecture and development design that creates quality retail, office, and mixed-use spaces that attract quality tenants. The Plan also recommends that the commercial areas, including the Property, promote a healthy and mutually reinforcing mix of commercial, retail, restaurant, entertainment and multi-family uses along the commercial corridor. The Plan designates the Property as a potential site for mixed-use residential, which is a land use designation that will “play an important role in assisting Oak Brook in realizing its vision for its commercial areas by providing the residential/housing options that will better accommodate employees of local businesses and provide a strong resident customer base for local shopping, dining, services, and entertainment.” Two of the key Plan policies are (1) to encourage and promote high quality architecture for multi-family and mixed-use developments and (2) to provide covered parking for multi-story mixed-use and multi-family developments within the commercial corridor. Finally, the 2019 Plan designates the Property as “Opportunity Site C” within the Commerce Drive Subarea, and recommends that the Village consider the Property a “top redevelopment priority,” preferably for mixed-use developments. The Plan explains that the Property’s large surface parking lots should be replaced with a mixed- use development with parking provided by the multi-level structured parking. The MOB Amendment and OBC Medical are consistent with the 2019 Commercial Areas Revitalization Plan. The project will not increase the Oak Brook Commons overall density and thus the overall development on the site will continue to be materially less dense than the illustrative concepts included in the 2019 Plan. The project will add a new, important element to an already diversified, premier mixed-use development with a visible, high-end medical office facility. OBC Medical will be a new building with excellent architecture and a covered parking deck. Accordingly, the MOB Amendment and OBC Medical components of the Oak Brook Commons planned development will not be inconsistent with the planning policies, goals, objectives, or provisions of the May 28, 2019 Commercial Areas Revitalization Plan. The Project will also not be inconsistent with either the intent or spirit of the Village’s 1990 comprehensive Plan. B.Public Welfare. Oak Brook Commons has been designed, located, operated, and maintained so that it will not impair an adequate supply of light and air to adjacent property. The orientation of the uses and buildings on the Property has been carefully arranged to align with surrounding uses and structures. The density of the development is weighted toward the east, where the Property is adjacent and directly visible from Interstate 88 and non-retail, non-pedestrian areas and uses adjacent to the Property. The western portion of the Property along McDonald’s Drive is where the luxury residential apartment building will be located, and further east is where the restaurant and other retail establishment will generally be located. This layout ensures a natural use and density transition from east to west and across Spring Road to the Oakbrook Center. The MOB Amendment and OBC Medical are entirely consistent with these concepts and the important use patterns and locations established in the approved Oak Brook Commons Planned Development. Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 9 The MOB Amendment and OBC Medical will not create dangerous fire conditions or otherwise endanger the public health, safety and welfare. All applicable building and fire codes will be followed. Hines and MPG will ensure that the construction, development, and maintenance of OBC Medical and all of its elements are premier quality and designed to allow users and visitors to safely use all the building and the surrounding areas of the development. The parking and traffic layout for the OBC Medical project will provide safe and efficient ingress and egress for pedestrians and vehicles. C.Impact on other Property. The MOB Amendment and OBC Medical will not be injurious to the use or enjoyment of other property in the neighborhood for their respected zoned purposes. Nor will the proposed amendment prevent the normal and orderly development and improvement of surrounding properties or be inconsistent with or alter the community or essential character of the neighborhood. And the project will most certainly not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity. Hines and MPG will ensure that the project complies with all applicable noise, lighting, and other performance standards so as not to adversely impact any surrounding properties. The Conceptual Lighting Plan and the Photometrics Plan (Plan Documents, Tab 3 - Sheets 20.1, 20.3, 20.4), further demonstrate the project’s sensitivity to surrounding properties and uses. Additionally, neither the noise nor lighting for the project is anticipated to have negative environmental impacts compared to existing conditions. Noise associated with the mixed-use development will primarily be pedestrian and automobile in nature. The existing site has larger surface parking lots with significant parking lot lighting. A majority of the new parking will be contained in parking structures, so the impact of parking lot lighting will be reduced. OBC Medical will be served by structure parking. D.Impact on Public Facilities and Resources. The MOB Amendment and OBC Medical have been planned and designed with adequate utilities, road access, drainage, and other necessary facilities to serve the development. The Property is already fully and adequately served by 22nd Street, Spring Road, Commerce Drive, and McDonald’s Drive. No new public road improvements are expected or required. Existing drainage patterns, stormwater detention and restricted discharge from the site will be maintained in accordance with the current stormwater management requirements of the Village and DuPage County. The project is not located in a special flood hazard zone and no regulatory wetlands are located on site. Further, because Village staffing levels have remained relatively constant since McDonald’s was fully utilizing the site (with a day time population of approximately 1400 people), there will be limited need for additional Village services and thus minimal additional service costs to the Village as a result of the Project. Therefore, the proposed development will have no material negative impact to the Village. Our Fiscal Impact Analysis is included under Tab 8. E.Archaeological, Historical or Cultural Impact. There are no known archaeological, historical, or cultural resources located on or off of the Property that are impacted by the proposed planned development amendment. F.Parking and Traffic. OBC Medical will have ingress and egress in a manner that minimizes traffic congestion in the public streets. The Property is served by full signalized intersections at McDonald’s Drive and 22nd Street, and McDonald’s Drive at Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 10 Commerce Drive. The project’s traffic consultant, Gewalt Hamilton, compared the traffic generations between the former McDonald’s Plaza and the approved Oak Brook Commons development with the inclusion of OBC Medical (Tab 9). In comparison to the previous McDonald’s campus use, there would be a reduction of 47 overall trips during the weekday morning peak hour and an additional 146 overall trips during the weekday evening peak hour. Compared to the original approval, the MOB amendment and OBC Medical will generate less than 3 additional trips per minute and can be accommodated without requiring any additional roadway improvements. Thus, Oak Brook Commons, including OBC Medical, will continue to generate fewer trips than the former McDonald’s uses during the key weekday morning peak hour and an increase of only one trip per minute in each direction during the weekday evening peak hour. These traffic patterns are less onerous than the monolithic morning and evening peak hour traffic associated with the traditional, former McDonald’s office campus use. The OBC Medical project has also been designed internally for required parking and circulation dynamics. As previously indicated, OBC Medical will include 281 covered parking spaces over three levels for a ratio of approximately 3.56 per 1,000 gross square feet. The Village Code includes a very high medical office building requirement of one space per 200 gross square feet, or 5.00 per 1,000 gross square feet (for all other office and professional uses, the required ratio is 3.00 per 1,000 gross square feet). In order to ensure that OBC’s planned parking program meets operational standards as well as the demanding minimum requirements of potential building tenants, MPG commissioned a study by Walker Consultants, an independent, third-party industry leader and the largest U.S. parking planning and design firm with vast experience in all aspects of parking operations, technology, and mobility solutions. Overall, Walker found that of 18 medical office buildings studied in the greater Chicago metropolitan area, the average actual parking demand ratio was 3.12 per 1,000 gross square feet, far less than the 3.56 proposed by MPG for the OBC Medical building. Further, based on conservative estimates of the number of patients and employees anticipated to use the OBC Medical building throughout the week, Walker concluded that the planned 281 spaces exceed by 56 what will be necessary to handle the maximum number of employees and patients. Walker also noted that the current industry standards and metrics of parking calculations likely overestimate required parking because they do not consider telemedicine and virtual health impacts of the COVID-19 pandemic, which will likely decrease in-person visits to medical office buildings and thus reduce parking demand. The detailed Parking Code and Demand Analysis report is included under Tab 11. The amount of parking that MPG is providing is entirely consistent with industry standards for these types of medical office facilities and is sufficient to meet peak demand needs of the proposed OBC Medical building. MPG has provided a detailed parking study confirming for the Village that the provided covered parking spaces are sufficient for the proposed medical office use. G.Adequate Buffering. The OBC Medical will have substantial landscaping as a buffering feature to protect uses within the development and surrounding properties. OBC Medical will in no way interfere with or detract from the central open public space amenity that will provide a unique place of open area for use by residents and visitors. This area has been planned with extensive, functional landscaping and buffering to allow Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 11 various public outdoor uses to exist easily within the overall development. Adequate and safe sight lines for vehicles and pedestrians will be maintained for the OBC Medical building. H.Signage. All signage for the Project will generally be in conformity with the Village’s sign regulations at Chapter 11 of the Village Zoning Ordinance, except as otherwise provided in the ordinance approving the planned development. The Plan sheets and elevations show the general scope and location of the signage that will be part of the OBC Medical building and this signage will be scaled appropriately to the building and consistent with the Village’s sign standards and other sign uses within the Village’s commercial corridor. Hines and MPG are requesting one minor departure from the Village sign regulations to allow one additional identification wall sign on the western exposure of the building. This is important so that the building is easily identified for car and pedestrian traffic traveling eastbound on Commerce Drive. Further, medical office buildings are unlike typical office buildings. Medical buildings and medical users require signage as an integral part of the use, not simply for branding. In many instances, patients (who will often be elderly) will be coming to the facility under some level of stress or discomfort. This makes clear signage identifying the building of paramount importance, particularly on the western elevation (that is subject of the requested departure) so patients can easily identify the facility from the western intersections and approaches. I.Ownership/Control Area. The Property is under ownership and/or unified control of the applicant, as Hines (the current owner) is a co-applicant with the developer of OBC Medical, MedProperties Group. J. Need. There is a clear showing of need for the proposed planned development amendment. The Village’s own 2019 Commercial Revitalization Plan emphasizes the need for the mixed-use redevelopment of the Property, including office uses specifically. In addition to being a net fiscal positive for the Village, OBC Medical will be an integral element in re-activating the currently vacant McDonalds Plaza into a vibrant, mixed-use concept that represents a transition for Oak Brook into the new wave of suburban centers. OBC Medical will help diversify Oak Brook’s tax base, increase its sales tax-generating potential and help maintain its place as a competitive regional office center. There is a clear consensus that there is a cognizable need for the development of this key gateway Village property. By adding a premier medical office building use to Oak Brook Commons, the MOB Amendment will further diversify the land use mix within Oak Brook’s commercial areas and strengthen the economic vitality of the community. K.Compliance with Subdivision Regulations and Plat Act. The MOB Amendment and OBC Medical do not contemplate a subdivision of land or any new public improvements to be dedicated to the Village. To the extent applicable, the project will comply with all standards, regulations and procedures of the village's subdivision regulations and the plat act except as is expressly provided otherwise in the Zoning Ordinance, the subdivision regulations, or by the Village Board in the ordinance approving the planned development amendment for the Project. L.Covenants and Restrictions to Be Enforceable by Village. To the extent there are any covenants, deed restrictions, easements, or similar restrictions to be recorded in connection with the MOB Amendment and OBC Medical, the applicant will work with the Village Attorney to ensure that the final covenants are protective of and generally enforceable by the Village as well as by future landowners within the Project. Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 12 M.Security and Site Control. The MOB Amendment and OBC Medical will include all necessary and appropriate property and building security and site control measures. The parking, landscaping, buffering, traffic patterns, location of uses, and building design will be developed and maintained so as to prevent adverse impacts on neighboring properties. VI.Additional Planned Development Standards (13-15-3C). A.Integrated Design. As clearly demonstrated on the amended plan sheets included with this proposal, the Oak Brook Commons development will continue to be laid out and developed with an integrated overall design providing for safe, efficient, convenient and harmonious grouping of structures, uses and facilities. The more intense OBC Medical building use is situated to the east portion of the property. There is appropriate relation of space inside and outside buildings to intended uses and structural features throughout the development site. B.Beneficial Common Open Space. As previously noted, the site plan has been laid out so that density and height increase towards the east and interior of the Property, with vertical density lining a centrally located urban public green space that will be unlike any that exists in the Village today. The green space will be an activated and programmable amenity for retail customers, office workers, hotel guests, residents of the Oak Brook Commons, and residents of the broader Oak Brook community. The MOB Amendment and OBC Medical building will integrate well into the overall layout of the approved planned development. C.Functional and Mechanical Features. OBC Medical has been planned and laid out so that exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility structures, and similar accessory areas and structures are accounted for in the design of the building and made as unobtrusive as possible. These features, if any, have been placed and located to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. D.Visual and Acoustical Privacy. The MOB Amendment and OBC Medical building provide reasonable visual and acoustical privacy for uses internal and external to the development. Neither the noise nor lighting for the new building is anticipated to have any negative environmental impacts. Any noise associated with the development will primarily be pedestrian and automobile in nature. The existing site has larger surface parking lots with significant parking lot lighting. The new parking will be contained in a parking structure, so the impact of parking lot lighting will be reduced. E.Energy Efficient Design. The MOB Amendment will 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 development. F.Drives, Parking and Circulation. The MOB Amendment and OBC Medical will be entirely consistent with the overall Oak Brook Commons Project, which has been master planned to provide efficient, safe, and the necessary parking and related facilities to serve all elements of the mixed-use development. Principal vehicular access is provided from 22nd and Commerce Drive and internally by McDonald’s Drive. The Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 13 drives, roads, and access points serving the development and OBC Medical have been designed to encourage smooth traffic flow with controlled turning movements, as necessary, and minimum hazards to vehicular or pedestrian traffic. Specifically, McDonald’s Drive will be re-striped at Commerce Drive for separate northbound left and right turn lanes. McDonald’s Drive will be striped in the center to provide two-way left turn lanes north to south. Special attention has been given to the location and number of access points to the public streets, the 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 that do not detract from the design of the proposed buildings and structures and the neighboring properties. Sidewalks will be provided internally and also at the southwestern perimeter of the Property to encourage connection to the Oakbrook Center to the immediate west of the development. G.Surface Water Drainage. The MOB Amendment and OBC Medical will also be entirely consistent with the special attention that has been given in the overall development 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. Significantly, with the proposed change to allow for the construction of the OBC Medical building, the amount of impervious surface will be further decreased for an expected total of 13.40 acres (down from 13.64 acres). Tab 6 contains a detailed stormwater analysis. Oak Brook, Illinois | July 6, 2020 A1OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers V3 Companies Civil Engineers 19.1OVERALL LANDSCAPE PLAN Oak Brook, Illinois | July 6, 2020 A3OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers V3 Companies Civil Engineers 19.2 v Oak Brook, Illinois | May 22, 2020 OAK BROOK COMMONS -ALUXURY DEVELOPMENT Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers V3 Companies Civil EngineersONLY N SCALE: 1"=50' 0 50'100'25' TYPICAL UPPER LEVEL PLAN - - 1 DEVELOPMENT LANDSCAPE REQUIREMENTS Site Area : 17.47 acres Exclusions: Building Footprints: 6.64 acres Setback Areas:1.69 acres Total Lot Area Exclusions: 8.33 acres TOTAL SITE AREA: (Site Area - Total Lot Exclusions) = 9.14 acres x 10%:0.91 acres TOTAL LANDSCAPE REQUIRED:0.91 acres TOTAL LANDSCAPE PROVIDED:2.46 acres A B C D F G H K L J E EXISTING TO REMAIN 19.3DEVELOPMENT LANDSCAPE REQUIREMENTS Oak Brook, Illinois | July 6, 2020 A3OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers V3 Companies Civil Engineers 20.3PHOTOMETRICS PLAN Oak Brook, Illinois | July 6, 2020 A4OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers V3 Companies Civil Engineers 20.4PHOTOMETRICS PLAN 7/7/2020 7/7/2020 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 The subject property may be generally described as a portion of 2111 McDonald’s Drive on Lot K and Lot L, Oak Brook, Illinois 60523, located at the southeast corner of Commerce Drive and McDonald’s Drive with the legal description as follows: PARCEL 1: LOT L IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 15, 2020 AS DOCUMENT R2020- 012533, IN DUPAGE COUNTY, ILLINOIS. PIN 06-23-407-013 PARCEL 2: LOT K IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 15, 2020 AS DOCUMENT R2020-012533, IN DUPAGE COUNTY, ILLINOIS. PIN 06-23-407-012 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 Midwest Regional Office 444 W Lake, Suite 2400 Chicago, Illinois 60606 P 312 419 4900 F 312 419 1932 MEMORANDUM Date: June 23, 2020 Re: Oak Brook Commons Med Properties Pad L Application Village of Oak Brook, As the owner of the property subject to the Oak Brook Commons Planned Development (Ordinance 2019-ZO-PUD-EX-S-1568), we hereby authorize Med Properties Group to apply for the planned development amendment affecting Pad L and Pad K. We are aware of their application and support the approval of the amendment as submitted. Thanks, Greg Van Schaack Oak Brook Commons LLC DocuSign Envelope ID: DDEF3AB4-C6B0-44EB-8B2C-2D79D2DC23F3DocuSign Envelope ID: A2D9D236-36CB-43F4-B706-72C1FA6C71A5 Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit C Page 10 of 23 EXHIBIT C PDC RECOMMENDATION August 20, 2020 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Subject: Case No: 2020-07-ZO-PUD – MedProperties Group, Applicant and Hines Interest Limited Partnership, Owner – 2111 McDonald’s Drive – Lots K and L of the Oak Brook Commons Subdivision – A Major Change to a Planned Development approved as Ordinance S-1568 –A 72-Unit Residential Condominium Building on Lot K and a Medical Services Office Building on Lot L – Planned Development Dear Village President and Board of Trustees: Background On July 23, 2020, the Planned Development Commission held the required public hearing virtually via teleconference and completed its review and deliberations on an application for MedProperties Group, Applicant and Hines Interest Limited Partnership, the owner of the property located at 2111 McDonald’s Drive, specifically Lots K and L of the Oak Brook Commons Subdivision, seeking approval of a major change to a Planned Development approved as Ordinance S-1568 for a 72-unit residential condominium building on Lot K and a medical services office building on Lot L. The Oak Brook Commons mixed-use planned development was approved by the Village Board on May 29, 2019. The focus on this proposed planned development is on Lots K and L located at the southeast corner of Commerce Drive and McDonald Drive. Both lots had been approved for a 52-unit condominium building on each parcel and proposed to begin in Phase 2. They are requesting an increase in the condominium height from 14 to 19 stories with a total of 72 units on Lot K. They acknowledged that the condominium portion of the request would require the filing of an amendment to the PUD when a specific plan has been designed for the site. The primary reason for the requested amendment was to replace the approved condominium building on Lot L with a state-of-the-art medical services office building. The proposal would not change the total allowable building area in the originally approved PUD. The applicant stated that approval of this request would move the building on Lot L into an immediate Phase 1 development schedule which would bring permit fees to the village sooner. The applicant provided a presentation of the proposed project before the President and Board of Trustees on May 12, 2020 and the Board provided comments to the applicant. The application moved forward pending a thorough review and recommendation by the Planned Development Commission. 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. BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 10. EXHIBIT C PDC RECOMMENDATION August 20, 2020 Village President and Board of Trustees RE: MedProperties and Hines – 2111 McDonald’s Drive Oak Brook Commons – Lot K and Lot L – Amend Ordinance S-1568 Medical Services Office Building and Condominium Height – Planned Development Page 2 PDC Rec Chairletter -Hines-MedProperties -Lots K and L - 2111 McDonald Dr - PUD.SIGNED-2020.docx The following waivers and variations were requested and are also listed under Tab 11 of the case file along with a complete narrative of the request and standards under Tab 2. The two requested departures for the medical services office building were as follows: 1.Off-Street Parking, Section 13-12-5 requires 5.0 parking spaces per 1,000 square-feet of floor area. The petition requested approval for a ratio of 3.59 parking spaces per 1,000 square-feet of floor area. They believe their requested ratio meets industry standards and will meet peak demand needs. 2.Wall Signs, Section 13-11-10.C.2 permits and allows one wall sign per street frontage per building with a limit of two (2) per building. The petition requested approval for an additional two wall signs, with a total of four (4). Public Comment All interested parties were notified by certified mail of the public hearing, a legal notice was published in the newspaper and public hearing signs were posted on the property. There were two people in the virtual audience but no one spoke in support of or in opposition to the project. No letters were received in opposition to the request. Planned Development Recommendation The Planned Development Commission discussed the building design, parking and access to the immediate care from the parking garage, signage and illumination, possible traffic impact on Commerce Drive, IDPH permits, fire department access, The planned development standards were addressed in their testimony as part of the presentation and were also provided in detail in the case file, see Tab 2. The Commission reviewed and deliberated on the applicant’s request and recommended approval of the requested Planned Development by two separate motions in order to revise condition number 8, subject to the following conditions: First Motion To recommend approval of the planned development as requested with the conditions noted in the Staff Report with the exception of condition #8 (A final wall sign exhibit shall be required depicting all three (3) wall signs being proposed on their respective building elevations. All sign proposals shall comply with all other applicable sign code regulations of the Oak Brook Zoning code), subject to the following conditions: 1.Compliance with Plans: The development, maintenance, and operation of Building L will be in substantial compliance with the plans and documents as submitted, except for minor changes approved by the Development Services Director and Village Manager in accordance with Section 13-15-8 of the Zoning Ordinance. 10.a August 20, 2020 Village President and Board of Trustees RE: MedProperties and Hines – 2111 McDonald’s Drive Oak Brook Commons – Lot K and Lot L – Amend Ordinance S-1568 Medical Services Office Building and Condominium Height – Planned Development Page 3 PDC Rec Chairletter -Hines-MedProperties -Lots K and L - 2111 McDonald Dr - PUD.SIGNED-2020.docx 2.The changes to residential condominium building K to 19-stories and 72 owner occupied units is approved in concept and shall be subject to an Amendment to the Planned Development that will incorporate a final site plan, final building elevation and other final design drawings as part of a formal Planned Development Amendment submittal. 3.Final engineering approval shall be required prior to the issuance of the building permit for Building L. 4. Final landscape plan approval shall be required prior to the issuance of the building permit for Building L. 5.Floor Area Ratio Limitation: The floor area ration (FAR) approved for the Property will apply to all lots within any future subdivision of the Property (total of 17.47 acres) as a whole. The FAR calculation for the entire Property, even after subdivision, may not exceed 1.56 as identified in the approved Planned Development Ordinance S-1568. 6.The Security and site control measures for Building L shall be discussed and developed in cooperation with the Oak Brook Police Department to utilize public and private resources in establishing a thorough and appropriate building and site security plan; 7.Trash enclosures and other service areas shall be provided within the building unless otherwise noted on the approved site plan. 8.By separate motion (below). 9.All other provisions of Ordinance S-1568 approved for the Subject Property will remain in full force and effect. 10.Comply with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. Second motion was to recommend approval of condition #8 revised as follows: 8. To allow a total of 3 wall signs on the building with the elevations chosen by the developer. However, if a sign is placed on the western elevation it can be illuminated until the residential building on Lot K is fully constructed. If the residential building is constructed the sign on the western elevation shall not be illuminated unless the developer receives approval to continuing lighting from the Village Board. All signs shall comply with all other applicable sign code regulations. The original conditions were contained in the Staff Report on pages 8-8.i of the case file. A revised site plan was also required to be submitted that includes the changes noted in condition number 1. Very truly yours, ______________________ Marcia Tropinski Chairwoman Planned Development Commission 10.b Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit D Page 11 of 23 GROUP EXHIBIT D PLANS Oak Brook, Illinois | September 22, 2020 A1OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers AERIAL RENDERING Oak Brook, Illinois | September 22, 2020 A2OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L 5.3 5.0 Oak Brook, Illinois | September 22, 2020 A3OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L 5.4 5.3 Oak Brook, Illinois | September 22, 2020 A4OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L 5.5 5.5 Oak Brook, Illinois | September 22, 2020 A5OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers SITE AERIAL 5.6 TRUCK LOAD-TRUCK LOAD- INGING A1 Oak Brook, Illinois | September 22, 2020 A6OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L - FIRST FLOOR PLAN 17.2 17.4 Oak Brook, Illinois | September 22, 2020 A7OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L - PARKING FLOOR PLAN 17.3 17.5 Oak Brook, Illinois | September 22, 2020 A8OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L - UPPER FLOOR PLAN 17.4 17.6 Oak Brook, Illinois | September 22, 2020 A9OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L -BUILDING SECTION 17.517.3 Oak Brook, Illinois | September 22, 2020 A10OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers OFFICE BUILDING L - BUILDING ELEVATIONS 5.115.4 Oak Brook, Illinois | September 22, 2020 A11OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers Original Date May 14, 2019, Revised May 28, 2019As Further Revised Per Board Direction at 9/22 Board Meeting PHASING DIAGRAM 9.1 Oak Brook, Illinois | September 22, 2020 A12OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers Original Date May 14, 2019, Revised May 28, 2019As Further Revised Per Board Direction at 9/22 Board Meeting OVERALL PLAN - GROUND LEVEL 6.1 Oak Brook, Illinois | September 22, 2020 A13OAK BROOK COMMONS - PLANNED DEVELOPMENT SUBMISSION Antunovich Associates Architects, Planners, Interior Designers ©Wolff Landscape Architecture, Inc. Landscape ArchitectsHines Developers MedProperties Developers V3 Companies Civil Engineers Original Date May 14, 2019As Further Revised Per Board Direction at 9/22 Board Meeting 24.1AMENDED PROJECT AREA SUMMARY Project Summary Site Area (Including McDonald’s Drive): 761,071 SF 17.47 Acres Parking: On-Grade Up To 444 Spaces Structured Up To 1,913 Spaces Total Up To 2,357 Spaces Residential Condominiums Up To 52 Units 145,000 SF Residential Market-Rate Apartments Up To 250 Units 330,000 SF Office 398,200 SF Hotel 200,000 SF Retail 50,000 SF TBD 66,800 SF Total Building Area Not To Exceed 1,190,000 SF (1.56 F.A.R.) 182'-0" 17 21 25023,750 SF 330,000 SF420220'-0" 19 47210,060 SF 198,000 SF14492'-6"718,00078,200 SF 281 95'-0"7 36,923 SF 210,000 SF 664 95'-0"8 22,000 SF 110,000 SF 400 108'-0"8 37 252 25,000 SF 200,000 SF 252 1,913 444 2,357 RETAIL A 20'-0"1*UP TO 9,000 SF RETAIL B 20'-0"1*UP TO 11,500 SF RETAIL C 20'-0"1*UP TO 9,000 SF RETAIL D 20'-0"1 UP TO 9,000 SF RETAIL H 13'-0"1 5,000 SF RETAIL F 20'-0"1 UP TO 6,500 SF 42 TOTAL 50,000 SF 310 RETAIL HEIGHT HEIGHT STORIES AREA (SF)SURFACE PARKINGAREA / FLOOR (SF) OFFICE BUILDING #1 STORIES ROOMS / FLOOR TOTAL ROOMS TOTAL PARKING PARKING STRUCTURED ON-GRADE HOTEL HEIGHT PARKINGPARKINGTOTAL AREA (SF) OFFICE BUILDING #3 - MEDICAL (MOB)OFFICE BUILDING #2 STORIES TOTAL AREA (SF)TOTAL AREA (SF) RESIDENTIAL #1 - MARKET-RATE APARTMENT BUILDING HEIGHTSTORIES RESIDENTIAL #2 - CONDOMINIUM BUILDING STORIESUNITS / FLOORTOTAL UNITSAREA / FLOOR (SF) AREA / FLOOR (SF) UNITS / FLOOR 268 TOTAL AREA (SF)PARKINGTOTAL AREA (SF)PARKINGHEIGHTSTORIESHEIGHT AREA / FLOOR (SF)AREA / FLOOR (SF)TOTAL UNITS PARKINGTOTAL AREA (SF)HEIGHT AREA / FLOOR (SF)PARKING STORIESHEIGHT 182'-0" 17 21 25023,750 SF 330,000 SF420220'-0" 19 47210,060 SF 198,000 SF14492'-6"718,00078,200 SF28195'-0"736,923 SF 210,000 SF66495'-0"822,000 SF 110,000 SF 400 108'-0"8 37 252 25,000 SF 200,000 SF 252 1,913 444 2,357 RETAIL A 20'-0"1*UP TO 9,000 SF RETAIL B 20'-0"1*UP TO 11,500 SF RETAIL C 20'-0"1*UP TO 9,000 SF RETAIL D 20'-0"1 UP TO 9,000 SF RETAIL H 13'-0"1 5,000 SF RETAIL F 20'-0"1 UP TO 6,500 SF 42 TOTAL 50,000 SF 310 RETAIL HEIGHT HEIGHT STORIES AREA (SF)SURFACE PARKINGAREA / FLOOR (SF) OFFICE BUILDING #1 STORIES ROOMS / FLOOR TOTAL ROOMS TOTAL PARKING PARKING STRUCTURED ON-GRADE HOTEL HEIGHT PARKINGPARKINGTOTAL AREA (SF) OFFICE BUILDING #3 - MEDICAL (MOB)OFFICE BUILDING #2 STORIESTOTAL AREA (SF)TOTAL AREA (SF) RESIDENTIAL #1 - MARKET-RATE APARTMENT BUILDING HEIGHTSTORIES RESIDENTIAL #2 - CONDOMINIUM BUILDING STORIESUNITS / FLOORTOTAL UNITSAREA / FLOOR (SF) AREA / FLOOR (SF) UNITS / FLOOR 268 TOTAL AREA (SF)PARKINGTOTAL AREA (SF)PARKINGHEIGHTSTORIESHEIGHTAREA / FLOOR (SF)AREA / FLOOR (SF)TOTAL UNITS PARKINGTOTAL AREA (SF)HEIGHTAREA / FLOOR (SF)PARKINGSTORIESHEIGHT 182'-0" 17 21 25023,750 SF 330,000 SF420220'-0" 19 47210,060 SF 198,000 SF14492'-6"718,00078,200 SF28195'-0"736,923 SF 210,000 SF66495'-0"822,000 SF 110,000 SF400108'-0"83725225,000 SF 200,000 SF2521,9134442,357 RETAIL A 20'-0"1*UP TO 9,000 SF RETAIL B 20'-0"1*UP TO 11,500 SF RETAIL C 20'-0"1*UP TO 9,000 SF RETAIL D 20'-0"1 UP TO 9,000 SF RETAIL H 13'-0"1 5,000 SF RETAIL F 20'-0"1 UP TO 6,500 SF 42 TOTAL 50,000 SF 310 RETAIL HEIGHT HEIGHT STORIES AREA (SF) SURFACE PARKING AREA / FLOOR (SF) OFFICE BUILDING #1 STORIESROOMS / FLOORTOTAL ROOMSTOTAL PARKING PARKING STRUCTUREDON-GRADE HOTEL HEIGHTPARKINGPARKINGTOTAL AREA (SF) OFFICE BUILDING #3 - MEDICAL (MOB)OFFICE BUILDING #2 STORIESTOTAL AREA (SF)TOTAL AREA (SF) RESIDENTIAL #1 - MARKET-RATE APARTMENT BUILDING HEIGHTSTORIES RESIDENTIAL #2 - CONDOMINIUM BUILDING STORIESUNITS / FLOORTOTAL UNITSAREA / FLOOR (SF) AREA / FLOOR (SF) UNITS / FLOOR 268 TOTAL AREA (SF)PARKINGTOTAL AREA (SF)PARKINGHEIGHTSTORIESHEIGHTAREA / FLOOR (SF)AREA / FLOOR (SF)TOTAL UNITSPARKINGTOTAL AREA (SF)HEIGHTAREA / FLOOR (SF)PARKINGSTORIESHEIGHT 182'-0" 17 21 250 23,750 SF 330,000 SF 420 177'-0" 14 TBD UP TO 52 TBD UP TO 145,000 UP TO 104 92'-6"7 18,000 78,200 SF 281 95'-0"7 36,923 SF 210,000 SF 664 95'-0"8 22,000 SF 110,000 SF 400 108'-0"8 37 252 25,000 SF 200,000 SF 252 1,736 444 2,180 RETAIL A 20'-0"1*UP TO 9,000 SF *A CTUAL FOOTPRINT OF BUILDING K TO BE DETERMINED RETAIL B 20'-0"1*UP TO 11,500 SF RETAIL C 20'-0"1*UP TO 9,000 SF RETAIL D 20'-0"1 UP TO 9,000 SF RETAIL H 13'-0"1 5,000 SF RETAIL F 20'-0"1 UP TO 6,500 SF 42 TOTAL 50,000 SF 310 RETAIL HEIGHT HEIGHT STORIES AREA (SF)SURFACE PARKING OFFICE BUILDING #1 STORIES ROOMS / FLOOR TOTAL ROOMS TOTAL PARKING PARKING STRUCTURED ON-GRADE HOTEL HEIGHT PARKINGPARKINGTOTAL AREA (SF) OFFICE BUILDING #3 - MEDICAL (MOB)OFFICE BUILDING #2 STORIES TOTAL AREA (SF)TOTAL AREA (SF)AREA / FLOOR (SF) RESIDENTIAL #1 - MARKET-RATE APARTMENT BUILDING HEIGHT STORIES RESIDENTIAL #2 - CONDOMINIUM BUILDING STORIESUNITS / FLOOR TOTAL UNITS AREA / FLOOR (SF) AREA / FLOOR (SF) UNITS / FLOOR 268 TOTAL AREA (SF)PARKING TOTAL AREA (SF)PARKING HEIGHT STORIESHEIGHT AREA / FLOOR (SF)AREA / FLOOR (SF)TOTAL UNITS PARKINGTOTAL AREA (SF)HEIGHT AREA / FLOOR (SF)PARKING STORIESHEIGHT 182'-0" 17 21 25023,750 SF 330,000 SF420220'-0" 19 47210,060 SF 198,000 SF14492'-6"718,00078,200 SF28195'-0"736,923 SF 210,000 SF66495'-0"822,000 SF 110,000 SF400108'-0"83725225,000 SF 200,000 SF 252 1,913 444 2,357 RETAIL A 20'-0"1*UP TO 9,000 SF RETAIL B 20'-0"1*UP TO 11,500 SF RETAIL C 20'-0"1*UP TO 9,000 SF RETAIL D 20'-0"1 UP TO 9,000 SF RETAIL H 13'-0"1 5,000 SF RETAIL F 20'-0"1 UP TO 6,500 SF 42 TOTAL 50,000 SF 310 RETAIL HEIGHT HEIGHT STORIES AREA (SF)SURFACE PARKINGAREA / FLOOR (SF) OFFICE BUILDING #1 STORIESROOMS / FLOORTOTAL ROOMS TOTAL PARKING PARKING STRUCTURED ON-GRADE HOTEL HEIGHT PARKINGPARKINGTOTAL AREA (SF) OFFICE BUILDING #3 - MEDICAL (MOB)OFFICE BUILDING #2 STORIESTOTAL AREA (SF)TOTAL AREA (SF) RESIDENTIAL #1 - MARKET-RATE APARTMENT BUILDING HEIGHTSTORIES RESIDENTIAL #2 - CONDOMINIUM BUILDING STORIESUNITS / FLOORTOTAL UNITSAREA / FLOOR (SF) AREA / FLOOR (SF) UNITS / FLOOR 268 TOTAL AREA (SF)PARKINGTOTAL AREA (SF)PARKINGHEIGHTSTORIESHEIGHTAREA / FLOOR (SF)AREA / FLOOR (SF)TOTAL UNITSPARKINGTOTAL AREA (SF)HEIGHTAREA / FLOOR (SF)PARKINGSTORIESHEIGHT (1.68 SPACES/UNIT)(2 SPACES/UNIT)(3.59 SP./1,000 GSF) (3.16 SP./1,000 SF)(3.64 SP./1,000 SF) (1 SPACE/ROOM) * A MAXIMUM OF 2,500 SF ALLOWED ON A SECOND LEVEL 1,064 OFFICE BUILDING SPACES INCLUDE 92 ON-GRADE SPACES AROUND THE PARKING STRUCTURE AMENDED PROJECT AREA SUMMARY E K L H J G Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit E Page 12 of 23 EXHIBIT E AMENDED PHASING SCHEDULE The Development will be constructed in accordance with the following schedule and Figure 1 below. In the event of a conflict between the text of this Exhibit E and Figure 1, the text of Exhibit E will control. When submitting permit applications to the Village or other governmental entity, the Applicant shall exercise its best efforts to ensure that: a) all required documents, information, payment, and material is timely provided; b) all Village permit review comments receive a prompt and complete response; and c) all applicable codes, rules, and regulations concerning the Development, its construction, and its operation, are timely satisfied. Upon application for and issuance of applicable permits, the Applicant shall diligently pursue construction of all Development Phases and components thereof. At all times, the Applicant diligently pursue completion of the Development in its entirety, including finding suitable tenants and occupants for the Development. The Applicant acknowledges that it is solely responsible for satisfying all Village codes, rules, and regulations associated with the Development’s construction, including those associated with issuance of occupancy certificates for the Development’s various phases and components thereof. Phase 1: A.Demolition: Applicant shall file a complete demolition permit application compliant with all Village codes, rules, and regulations for the demolition of the existing office building located on the Property (“Phase 1A Permit”) on or before July 5, 2019. Applicant will ensure that all Phase 1A Permit work, including, without limitation, demolishing the existing office building and related appurtenances, restoring the Property, and establishing ground cover on the Property, will be completed, inspected, and approved by the Village by no later than March 5, 2020. B.Site Work: Applicant shall file a complete building permit application compliant with all Village codes, rules, and regulations for all site, infrastructure, and utility work associated with Phase 1 of the Development including, without limitation, grading, site preparation, utility work, all surface parking spaces located in Phase 1 west of McDonald’s Drive and east of McDonald’s Drive between Buildings F and G, all as shown on Group Exhibit D, sidewalks, landscaping (including the entire perimeter of the Property, Phases 1 and 2), lighting, central park, and the temporary employee / valet parking lot located east of McDonald’s Drive (“Phase 1B Permit”), by no later than February 15, 2020. Applicant will ensure that all Phase 1B Permit work will be completed, inspected, and approved by the Village no later than 24 months after the Village issues the Phase 1B Permit. C.Luxury Apartment Building: Applicant shall file a complete building permit application compliant with all Village codes, rules, and regulations for Building E (Luxury Apartment Building) (“Phase 1C Permit”) by no later than November 16, 2020. Applicant will ensure that all Phase 1C Permit work will be completed, inspected, and approved by the Village, and the Applicant shall apply for and receive a full certificate of occupancy from the Village for Building E, by no later than 24 months after the Village issues the Phase 1C Permit. D.Timber Office Building: Applicant shall file a complete building permit application compliant with all Village codes, rules, and regulations for Building H (Timber Office Building) (“Phase 1D Permit”) by no later than May 15, 2021. Applicant will ensure that all Phase 1D Permit work will be completed, inspected, and approved by the Village, and the Applicant shall apply for and receive a full certificate of occupancy from the Village for Building H, by no later than 24 months after the Village issues the Phase 1D Permit. Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit E Page 13 of 23 E.Restaurant and Retail: Applicant shall file complete building permit applications compliant with all Village codes, rules, and regulations for 4 of the 5 restaurant or retail buildings (i.e., Building A (Restaurant), Building B (Restaurant), Building C (Retail or Restaurant), Building D (Retail), and Building F (Retail or Restaurant)) by no later than November 16, 2020 (collectively, the “Phase 1E Permit”). Applicant will ensure that all Phase 1E Permit work will be completed, inspected, and approved by the Village, and the Applicant shall apply for and receive a full certificate of occupancy from the Village for 4 of the 5 restaurant or retail buildings, by no later than 18 months after the Village issues a permit authorizing work on a building included Phase 1E Permit work.1 F.Medical Office Building: Applicant shall file a complete building permit application compliant with all Village codes, rules, and regulations for Building L (Medical Office Building) (“Phase 1F Permit”) by no later than June 30, 2021, provided the Applicant may extend this deadline to no later than December 31, 2021 to account for COVID-19 developments. Applicant will ensure that all Phase 1F Permit work will be completed, inspected, and approved by the Village, and the Applicant shall apply for and receive a full certificate of occupancy from the Village for Building L, by no later than 30 months after the Village issues the Phase 1F Permit. Phase 2: Office, Condominium, Hotel, and Other: Applicant shall submit complete building permit applications compliant with all Village codes, rules, and regulations for all components of Development Phase 2, including, without limitation, Building K (Residential Condominiums), Building J (Office Building), Building G (Hotel), the final restaurant or retail building (either A, B, C, D, or F), parking structures associated with the foregoing, and related infrastructure, utilities, and appurtenances associated with, relating to, or serving any of the foregoing (collectively, the “Phase 2 Permit”), as soon as practicable. Phase 3: Landbanked Parking: Upon completion of Development Phase 1, and thereafter upon the Development Services Director’s written request, the Applicant shall analyze the Property’s parking supply and demand including, without limitation, counting the number of vacant and occupied parking spaces throughout the Development (“Parking Study”). The Parking Study will be conducted by a licensed professional approved by the Development Services Director, and the cost of the Parking Study will be solely borne by the Applicant. The Parking Study will be conducted at such times as the Development Services Director deems appropriate and shall utilize methodology that the Development Services Director deems sufficient to evaluate whether sufficient parking supply is provided on the Development. The Village will notify the Applicant at least 30 days before the date the Parking Study will occur, and identify the relevant variables that must be addressed in the Parking Study. The Village will be provided prompt and full access to the Parking Study and its supporting data upon the Parking Study’s completion. In no event shall Applicant be required to conduct the Parking Study more than once in any calendar year. In the event any Parking Study establishes, based on the methodology set forth in the preceding paragraph, that the average parking occupancy rate on the Property exceeds 85% of the Property’s total parking supply, the Village may notify the Applicant and the Applicant shall exercise its best efforts 1 For example, if the Village issues a building permit application for Building A on July 1, 2019, the Applicant will have until January 1, 2021 to complete all work on Building A. If the Village issues a building permit application for Building B on September 1, 2019, the Applicant will have until March 1, 2021 to complete all work on Building B. Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit E Page 14 of 23 to submit a permit application and construct the parking spaces designated on Group Exhibit D as “Future Reserved Parking Deck,” which shall include a 1, 2, or 3 story lot or parking structure containing at least 100 parking spaces (“Landbanked Parking”). The Applicant shall complete the Landbanked Parking and receive a certificate of occupancy from the Village within 1 year of the date of the Village’s notice. Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit E Page 15 of 23 Figure 1: Phase Exhibit Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit F Page 16 of 23 EXHIBIT F TRANSFEREE ASSUMPTION AGREEMENT THIS AGREEMENT, made as of this ____ day of ____________, 20__, by, between and among Hines Interests Limited Partnership (“Owner”); ____________________, a ______________ (“Transferee”); and the Village of Oak Brook, an Illinois municipal corporation (“Village”), W I T N E S S E T H: WHEREAS, pursuant to that certain real estate sale contract dated ___________, 20__, the Transferee agreed to purchase from the Owner certain real property situated in DuPage County, Illinois and legally described in Exhibit 1 attached hereto and by this reference incorporated herein and made a part hereof (“Property”); and WHEREAS, following the conveyance of the Property by the Owner, the Transferee will be the legal owner of the Property; and WHEREAS, as a condition to the conveyance of the Property by the Owner, the Owner and the Village require that the Transferee agree to comply with all the terms, requirements and obligations set forth in Village of Oak Brook Ordinance 2019-S-1568-ZO-EX-PUD, approved by the Village on or about May 14, 2019, and recorded in the Office of the DuPage County Recorder on July 18, 2019, as Document No. _R2019-05477__, as amended from time to time (“Planned Development Ordinance”); NOW, THEREFORE, in consideration of the agreement of the Owner to convey the Property to the Transferee and of the Village to accept the transfer of obligations as provided herein and to grant the releases granted herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed by, between and among the Village, the Owner, and the Transferee as follows: 1.Recitals. The foregoing recitals are by this reference incorporated herein and made a part hereof as substantive provisions of this Agreement. 2.Assumption of Obligations. The Transferee, on its behalf and on behalf of its successors, assigns, heirs, executors and administrators, hereby agrees, at its sole cost and expense, to comply with all of the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto, regardless of whether such terms, requirements and obligations are to be performed and provided by, or are imposed upon, the Owner or the Applicant, as that term is defined in the Planned Development Ordinance. 3.Assurances of Financial Ability. Contemporaneously with the Transferee’s execution of this Agreement, the Transferee shall, upon the request of the Village, provide the Village with reasonable assurances of financial ability to meet the obligations assumed hereunder as the Village may require. 4.Acknowledgement and Release of Transferor. The Village hereby acknowledges its agreement to the Transferee’s assumption of the obligation to comply with the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto, and the Village hereby releases the Owner from any and all liability for failure to comply with the terms, requirements and obligations of the Redevelopment Agreement. Intentionally left blank Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit F Page 17 of 23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written above. ATTEST: HINES INTERESTS LIMITED PARTNERSHIP By: By: Its: Its: ATTEST: VILLAGE OF OAK BROOK, an Illinois municipal corporation By: By: Its: Its: _____ ATTEST: TRANSFEREE Name: A: By: By: Its: Its: _____ Intentionally left blank Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit F Page 18 of 23 ACKNOWLEDGEMENT STATE OF ILLINOIS ) ) SS. COUNTY OF DuPAGE ) This instrument was acknowledged before me on ____________________, 2020, by _________________ the President of the VILLAGE OF OAK BROOK, an Illinois municipal corporation, and by ______________________, the Village Clerk of said municipal corporation. ______________________________________ Signature of Notary SEAL My Commission expires: ____________________________________ STATE OF ILLINOIS ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me on ______________________ 20___, by _______________ the _____________ and _______________ the ______________ of HINES INTERESTS LIMITED PARTNERSHIP, as their free and voluntary act in their capacities as officers of said company for the uses and purposes herein. ______________________________________ Signature of Notary SEAL My Commission expires: Intentionally left blank Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit F Page 19 of 23 STATE OF ILLINOIS ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me on ______________________ 20____, by _______________ the _____________ and _______________ the ______________ of _____________________, a ________________, as their free and voluntary act in their capacities as officers of said company for the uses and purposes herein. ______________________________________ Signature of Notary SEAL My Commission expires: Intentionally left blank Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit F Page 20 of 23 EXHIBIT 1 Legal Description PARCEL 1: LOT 4 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT 1 (EXCEPT THAT PORTION FALLING WITHIN LOT 3 OF BUTLER COMPANY-M-1, INC. ASSESSMENT PLAT NO. 1, RECORDED JULY 8, 1964 AS DOCUMENT R64-24068), BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1968 AS DOCUMENT R68-30335, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT R2009-111381, IN DUPAGE COUNTY, ILLINOIS. PARCEL 3: THE PROPOSED LAND DESCRIBED AS FOLLOWS; LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3 (EXCEPT THE NORTH 170.00 FEET AS MEASURED ALONG THE EASTERLY LINE THEREOF), BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT NUMBER R2009-111381, IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. TO BE KNOWN AS: PROPOSED LOT 2 IN THE FINAL SUBDIVISION PLAT OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 4, BEING A RESUBDIVISION OF LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD’S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 2018 AS DOCUMENT NUMBER R2018-071747 IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. Common Address: 1120 22nd Street, Oak Brook, Illinois 60523 2111 McDonald’s Drive, Oak Brook, Illinois 60523 PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Ordinance 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit G Page 21 of 23 EXHIBIT G UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois (“Village”): Hines Interests Limited Partnership is the owner of the real property located 1120 22nd Street and 2111 McDonald’s Drive, Oak Brook, Illinois, which property is legally described in Exhibit A to this Ordinance (“Property”). On May 28, 2019, the Village Board adopted Ordinance 2019-S-1568-ZO-EX- PUD (“PD Ordinance”), granting Hines a planned development to construct and operate a mixed-use development on the Property (“Planned Development”), in accordance with Chapter 15 of the 1966 Zoning Ordinance of the Village of Oak Brook, Illinois, as amended (“Zoning Ordinance”). Hines, on behalf of itself and MedProperties Group (collectively, “Applicant”), submitted an application (“Application”) requesting approval of an amendment to the Planned Development that would, among other things authorize the construction and development of a medical office building on Lot L of the Property (“Amendment”). Ordinance No. 2020-ZO-PUD-EX-S-1608 adopted by the President and Board of Trustees of the Village of Oak Brook on September 22, 2020 (“Ordinance”) approves the Amendment, subject to certain conditions, restrictions, and provisions. Section 12 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed 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, Hines does hereby agree and covenant as follows: 1.Applicant Hines hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. Applicant acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) Applicant has considered the possibility that the Ordinance may be revoked if there is a failure to comply with the Ordinance as provided in the Ordinance; and (iii) Applicant agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. Applicant 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 Hines against damage or injury of any kind and at any time. 4. Applicant 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. Applicant 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 2020-ZO-PUD-EX-S-1608 Amendment to Planned Development Oak Brook Commons 1120 22nd Street and 2111 McDonald’s Drive PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007 Exhibit G Page 23 of 23 EXHIBIT 1 Legal Description PARCEL 1: LOT 4 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT 1 (EXCEPT THAT PORTION FALLING WITHIN LOT 3 OF BUTLER COMPANY-M-1, INC. ASSESSMENT PLAT NO. 1, RECORDED JULY 8, 1964 AS DOCUMENT R64-24068), BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1968 AS DOCUMENT R68-30335, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT R2009-111381, IN DUPAGE COUNTY, ILLINOIS. PARCEL 3: THE PROPOSED LAND DESCRIBED AS FOLLOWS; LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3 (EXCEPT THE NORTH 170.00 FEET AS MEASURED ALONG THE EASTERLY LINE THEREOF), BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT NUMBER R2009-111381, IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. TO BE KNOWN AS: PROPOSED LOT 2 IN THE FINAL SUBDIVISION PLAT OF MCDONALD'S SPRING ROAD RESUBDIVISION NO. 4, BEING A RESUBDIVISION OF LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD’S SPRING ROAD RESUBDIVISION NO. 3, BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 2018 AS DOCUMENT NUMBER R2018-071747 IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. Common Address: 1120 22nd Street, Oak Brook, Illinois 60523 2111 McDonald’s Drive, Oak Brook, Illinois 60523 PINs: 06-23-406-015; 06-23-406-017; 06-23-407-006; and 06-23-407-007