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S-1607 - 09/08/2020 - ORDINANCE - Ordinances
ITEM 6.13.3 VILLAGE OF BOARD OF TRUSTEES MEETING OAK B R� , K , SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 4t 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of September 8, 2020 SUBJECT: GW Oak Brook Owner, LLC — 1717 22nd Street — Planned Development Approval for the Redevelopment of the former Macy's Furniture Property. FROM: Tony Budzikowski, AICP, Development Services Director BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance S-1607 for the requested Planned Development with departures from standard for a commercial mixed-use redevelopment located at 1717 22nd Street to permit and allow the construction of seven (7) outlots on 8.4-acres at the former Macy's Furniture property subject to the findings of fact and conditions in the accompanying ordinance. Background/History: At the August 11, 2020 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of a Planned Development with departures from standard for a commercial mixed-use redevelopment located at 1717 22nd Street in accordance with the recommendation from the Planned Development Commission and village staff. Please note that the Board did modify condition #6 from the Planned Development Commission recommendation and did require a limitation of no more than 25% of any building fagade/elevation utilizing an EIFS material within the development. This condition is reflected in Section 5(F) of the accompanying Planned Development ordinance. A copy of said ordinance has been provided for review and reference purposes. Recommendation: Approve Ordinance S-1607. REG BOT 90820 Agenda Item 6.D.3- 1717 22nd Street GW Oak Brook Owner-PD Ord Memo.doc Page 1 NVC7 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-ZO-PUD-EX-S-1607 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT FOR THE PROPERTY LOCATED AT 1717 22nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-27-200-010) 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 8th day of September, 2020 ORDINANCE 2020-ZO-PUD-EX-S-1607 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (GW Oak Brook Owner,LLC—1717 22nd Street) PIN:06-27-200-010 WHEREAS, GW Oak Brook Owner, LLC("Applicant'l is the Owner of certain real property located at 1717 22nd Street, Oak Brook, Illinois, within the Village's B-3 General Business District formerly known as Macy's Furniture Store,which property is legally described in Exhibit A("Property'); and WHEREAS,pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook,Illinois of 1966, as amended ("Zoning Ordinance'), Applicant filed an application with the Village seeking approval of a Planned Development to construct and operate a commercial mixed-use development project that will consist of retail, restaurant, veterinary and education uses ("Development'), on approximately 8.4 acres of property consisting of seven (7) outlots all as detailed in the application attached hereto,and hereby made a part of this Ordinance as Exhibit B("Application");and WHEREAS,the President and Board of Trustees conducted a preliminary,pre-application review of the proposed Development at their August 13,2019 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 June 25,2020 for the purpose of hearing and considering testimony on the Applicant's request for approval of the Development;and WHEREAS,following the conclusion of the public hearing,the PDC adopted findings of fact and recommended that the Village Board approve the Development pursuant to the recommendation letter attached hereto as Exhibit C;and WHEREAS,the President and Board of Trustees have considered the PDC's recommendation and determined that the Application satisfies the standards set forth in Section 13-15-3 of the Zoning Ordinance;and WHEREAS,the President and Board of Trustees have further determined that it is in the best interests of the Village and its residents to approve the Development 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's Zoning Ordinance and subject to the conditions set forth in Sections 4 and 5 of this Ordinance, the Planned Development application shall be, and is hereby, approved to permit the construction and operation of the Development on the Property. Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22n0 Street(Former Macy's) PIN:06-27-200-010 Page 2 of 15 Section 3: Zoning Map Notation. Pursuant to Section 13-15-713 of the Village's Zoning Ordinance,the Village Manager or his designee is hereby authorized and directed to administratively note on the Village's official zoning map the existence and boundaries of the Planned Development approved by to this Ordinance. Section 4: Site Development and Use Departures. Pursuant to Section 13-154 of the Zoning Ordinance,and subject to the conditions and restrictions set forth in this Ordinance,the President and Board of Trustees hereby approve the following site development and use departures for the Property: A. A departure from Zoning Ordinance Section 13-7C-3 to increase the structure height for the Lazy Dog Brewery tower feature from 35 feet to 38 feet. B. A departure from Zoning Ordinance Section 13-7C-3 to reduce the required front yard building setback from 100 feet to 40 feet for building A,45 feet for buildings B,C and D, and 20 feet for building E.The proposed buildings are also setback a minimum of 68 feet (for building E) and at least 76 feet from the curb/pavement on 22nd Street for the remaining buildings. C. A departure from Zoning Ordinance Section 13-7C-2 to permit and allow outdoor dining as part of the planned development site plan approval. D. A departure from Zoning Ordinance Section 13-12-5 to permit and allow a reduction in the required number of off-street parking spaces from 458 to 447. E. A departure from Zoning Ordinance Section 13-12G-2 to reduce the number of loading spaces on-site where the code requires 1 loading berth for buildings that are 5,000 ft2 to 25,000 W.A 9'x 36'loading space has been provided at building A and three(3)other similarly sized loading spaces have been provided at each building cluster B/C,D/E and G/F to accommodate deliveries. F. A departure from Zoning Ordinance Section 13-12-4C to reduce the number of landscape islands within the interior parking lot. Section 5: Conditions of Approval. The approvals granted in Sections 2,3,and 4 of this Ordinance shall be,and they are each hereby,subject to,conditioned upon,and limited by the following conditions,the 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 8,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 and Property will be developed,maintained, and operated in substantial compliance with the following documents and plans attached as Group Exhibit D and, by this reference, made a part of this Ordinance, except for minor changes approved by the Development Services Director and Village Manager in accordance with Zoning Ordinance Section 13-15-8: 1. Narrative and Planned Development Standards dated August 3,2020. 2. Preliminary Civil Engineering Plans:(a)Preliminary Demolition Plan dated July 24, 2020; (b) Preliminary Site Dimensional and Paving Plan dated August 3, Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06-27.200.010 Page 3 of 15 2020; (c) Preliminary Grading Plan dated July 24, 2020; (d) Preliminary Utility Plan dated July 24,2020;and(e)Bern Cross Section dated August 3,2020. 7. Schematic Drawings of Proposed Buildings: (a) Perspective Site renderings dated July 24,2020;(b)Building Elevations dated February 27,2020;and(c) Monument Sign Design and locations dated August 3,2020. 8. Preliminary Landscaping Plans dated July 24,2020. 9. Easement and Restriction Exhibit dated July 24,2020. 10. Preliminary Development Schedule dated July 24,2020. 11. Photometric Plans dated January 13,2020. B. Final Engineering Abbroval shall be required prior to the issuance of the building permit for the Development. C. Final Landscape Plan Approval shall be required prior to the issuance of the building permit for the Development.Specific emphasis shall be given to the perimeter landscape screening adjacent to 22nd Street parking areas whereby a continuous screen in the form of an earth berm and landscaping of at least 4'high shall be provided at the time of installation. D. Final Subdivision Plat Approval for the Development/Property shall be required prior to the issuance of any permits for the Development/Property; Said plat shall include all utility,stormwater,cross-access,shared parking and sidewalk easements,and otherwise comply with the Village's Subdivision Regulations. E. Cross-access and shared barking easements shall be provided within the development's surface parking lots.The cross-access and shared parking easements must be in a form approved by the Village Attorney prior to recordation and must be approved prior to approval of the final plat subdivision for the property. F. Exterior Insulation Finish Systems("EIFS")stucco,and materials deemed comparable by the Development Services Director,shall occupy no more than 25 percent of any building elevation, and comply with all village code requirements conceming maintenance and installation. The final design elevations shall be consistent with the design prototypes included in the application materials. G. Covenants. Covenants in a form approved by the village attorney must be recorded against the Property in connection with the Development before the Village approves the final plat of subdivision.The Covenants must address the Development's maintenance and operation, including, without limitation, storrnwater management, property maintenance,cross-access,and other conditions imposed by the Ordinance approving the planned development or any agreement associated with the same. Covenants concerning the Development's operation and maintenance may not be modified, removed,or released without the Corporate Authorities'consent. The Village and any owners of the Property,or any part thereof,will be authorized to enforce the covenants. H. Trash enclosures shall be of a material to match the proposed buildings materials incorporating brick,stone or similar product for design consistency,aesthetics and long- term durability. Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06.27-200-010 Page 4 of 15 I. Signage.All signs proposals shall comply with applicable sign code regulations of the Oak Brook Zoning Ordinance. J. Comoliance with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. Section 6: 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,the Applicant and the Applicant'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 the Applicant or an entity controlled and managed by the Applicant,the Applicant 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 E.The failure of the Applicant and transferee to provide the Village with an enforceable transferee assumption agreement as herein provided shall result in the Applicant 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 the Applicant. The Applicant and successor's compliance with this Section 6 shall release the Applicant from its obligations under this Ordinance to the extent of the successor's assumption of such obligations. Section 7: 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 8: 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 9: Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid,the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 10. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the President and Board of Trustees in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Applicant with the Development Services Director of an unconditional agreement and consent to accept and abide by each and all of the terms,conditions,and limitations set forth in this Ordinance.The unconditional agreement and consent must be in the form of Exhibit F,attached to and,by this reference,made a part of this Ordinance;and Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06-27-200-010 Page 5 of 15 4. The recordation of this Ordinance in the Office of the DuPage County Recorder. The Applicant will bear the full cost of this recordation. This Ordinance will be recorded against all lots comprising the Property,including PIN:06-27-200-010. B. In the event that the Applicant does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 10.A.3 of this Ordinance within 60 days after the date of final passage of this Ordinance,the Board of Trustees will have the right,in its sole discretion,to declare this Ordinance null and void and of no force or effect. APPROVED THIS 811 Day of September,2020 Gopal G.Lalmalani Village President PASSED THIS 8th Day of September,2020 Ayes: Trustees Bear,Cuevas,Manzo,Saiyed,Tiesenga and Yusuf Nays: None Absent: None of 041(B90 �® ATTEST, O _ y Charlotte K.Pruss COI,( ��� Village Clerk Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22n°Street(Former Macy's) PIN:06-27-200-010 Page 6 of 15 EXHIBIT A LEGAL DESCRIPTION LOT 2 IN EASTMAN KODAK SUBDIVISION,BEING A SUBDIVISION IN PART OF SECTION 27, TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22,1995 AS DOCUMENT R95-076627,IN DUPAGE COUNTY,ILLINOIS. Common Address: 1717 22nd Street,Oak Brook,Illinois 60523 PIN: 06-27-200-010 Ordinance 2020-20-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06-27-200-010 Page 7 of 15 EXHIBIT B APPLICATION EXHIBIT B APPLICATION VILLAUt OI APPLICATION FOR OAK B R00K PLANNED DEVELOPMENT NOTE:ALL COMPLETED APPLICATIONS ARE TO BE DELIVERED'-ft DEVELOPMENT SERVICES DEPARTMENT.Call 63068.5108 LI NEW PLANNED DEVELOPMENT($1,500)' —ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED($500 ea.)'• ] MAJOR CHANGE TO AN EXISTING PLANNED DEVELOPMENT($1,500)' L_! MINOR CHANGE TO AN APPROVED/EXISTING PLANNED DEVELOPMENT($750)' _ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED($500 ea.)" A INITIAL ESCROW DEPOSIT($500)Submit Separate Chea-Additional Funds may be required-Recoverable expenses will be drawn from the account and No interest shall be paid on account PUBLIC HEARING SIGNS(each lot frontage)_Enter Number of Street Frontages/Per Parcel/Address LOCATION OF (NOTE. Attached additional sheet's with Information if more room Is needed below) SUBJECT PROPERTY SWC of IL Rte.83 and 22nd Street PERMANENT PARCEL NOIs 06-27-200-010 LEGAL ADDRESS/S 1717 W 22nd Street,Oak Brook,IL 60181 ZONING DISTRICT 13-3 PROPERTY INTEREST OF APPLICANT: OWNER # CONTRACT PURCHASER' [I AGENT'F] OWNER(S)OF RECORD GW Oak Brook Owner,LLC PHONE 773-382-0445 ADDRESS 2211 N.Elston,Suite 304 CITY Chicago STATE IL Zip 60614 Owner Contact Email Addressls mitch@gwproperties.com NAME OF APPLICANT'(and Boling Infomiall Mitch GOitz _ PHONE 773-304-8600 ADDRESS 2211 N.Elston,Suite 304 CITY Chicago STATE IL ZIP 60614 Applicant Contact E-mail Address is mitch@gwproperties,com 1(m)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best Of my(our)knowledge and bell I(we)give permission to the Village to install public hearing signs on the bl frontages of the above subject prop M as described in the Village code.In awom to the above fees,applicant agrees I eimburse the Village for all recoverable costs within 30 days of bipirp / � (_ltr-)Ic Signature of Owner Date Signature nil' Date Pmt Name and Email Mitch Goltz,mitch@gwproperbes.com Print Name and Emall Mitch Goltz,m10ch@gwproperbes.com 'If the applicant/Agent is tit the owner of record,a written statement authorizing approval of the proposed planned devebpment application is required from the property owner In addition to their signature above and supporting documents Note.Plus all applicable third party costs and recoverable expenses List each waiver of variation on a separate sheet with applicable fees calculated. OO NOT WRITE IN THE SPACE BELOW-FOR OFFICE USE ONLY 550!61 // n Dale Application Filed '�tn'l.b Fee Paid 5 Y�•�Eauaw Paltl 5 5 "�Receipt No 55 1 S r� Received By C•C�-G%ll Preliminary Board of Trustees Reviewe f Preaiing Review Conference with Stan M Resident Meeting Required/Date .. M Application Distributed to Depts. f L+ol;Notticee Pualshed Newspaper Daily Herald Adi Property owners No/akd sduu ,nned Development Commission Board of Trustees Boa o of Trustees (Approval of Ordinance) PD Application Icon Arc.13.154 Nei 12-2018 B NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions.The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 500-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County(Township Assessor's Office) within 30 days of the filing of this application.Also provide a mailing label for each Property Owner listed. NAME OF •••ERTY MAILING ADDRESS OF OWNER PROPERTYOWNER GU PROPERTY TAX DEPT 388 1901 W.22ND ST. COSTCO WHOLESALE CORP 399 LAKE DR 06-27-200-009 ISSAOUAH WA 98027 OAK BROOK,IL 60523 Go MICHAEL BIALAS 17W220 22ND ST. OTA PROPERTY LLC 222 N.LASALLE ST.NO 1000 OAKBROOK TERR IL 60181 06-22-405-020 DE CUNA,ANTHONY B&A 17220 ORCHARD PL. 17W220 ORCHARD PL. 06-22-415-005 OAKBROOK TERR.IL 60181 OAKBROOK TERR,IL 60181 UHER,WAILLIAM&MARIE TR 17W210 ORCHARD PL 17W210 ORCHARD PL. OAKBROOK TERR,IL 60181 OAKBROOK TERR,IL 60181 06-22-415-006 HURLEY,JOHN 17W204 ORCHARD PL. 17W204 ORCHARD PL. 06-22-415 007 OAKBROOK TERR,IL 60181 OAKBROOK TERR,IL 60181 BECKER HOLDING GROUP BEGGAR,FRED 8 SANDY 176 ORCHARD PL. 202 GA TT IL 60 LN. 06.22-415.008 LLC I 1 OAKBROOK TERR,IL 60181 WALLING,J&K 17164 ORCHARD PL. 17W164 ORCHARD PL. KATZENBACH OAKBROOK TERR,IL 60181 OAKBROOK TERR,IL 60181 06-22 415-009 RECREATION EQUIPMENTA NABELLE DIZON 17W160 22ND ST. CO SSUUMNER w 98390 OAKBROOK TERR,IL 60181 06-22-415-028 7214 CALUMET LLC 5620S.cARFIELD ST. 17W170 22ND ST. HINSDALE,IL 60521 OAKBROOK TERR,IL 60181 06-22-415-015 ROSSI REAL ESTATE CORP 17W180 22ND ST. 06-22-415-026 17W180 22ND ST LLC 1015 BUTTERFIELD RD. DOWNERS GROVE IL 60515 OAKBROOK TERR,IL 60181 OBRIEN RE ORRIEN Il,WATER J 17W200 22ND ST. INVESTMENTS LLC 11 HEATHER LN. 06-22-415-012 OAK BROOK,IL 60523 OAKBROOK TERR,IL 60181 PARKVIEW PLAZA MH LLC 17W11022ND ST.,UNIT 100 17W110 22ND ST. OAKBROOK TERR,IL 60181 OAKBROOK TERR,IL 60181 06-22-415-018 RYAN LLC PO Box 06019 1&2 MID AMERICA PLAZA CHICAGO,IL 60606 _ OAKBROOK TERR,IL 60181 06-22 415-027 GO MAR 4 F POER 8 CO ASVRF OAK BROOK 1415 W 22ND ST. 06-26-100-009 REGENCY Po BOX ea OAK BROOK,IL 60523 NICUR GAS/SOUTHERN CO NORTHERN ILL GAS CO 241 RALPH MCGILL BLVD NE OAK BROOK,IL 60523 06-27-201-001 BIN 1 81 ATIAM GA 303D8 SUAREZ,HUMBERTO TR 12 VICTORIA CT. 12 VICTORIA CT. OAK BROOK,IL 60523 OAK BROOK,IL 60523 06-27-205-010 RWAL NE AGGARWAL,NEERJA ET AL 36 KGINGSTON DRAB MANJU 36 KINGSTON DR. 06-27-205-011 OAK BROOK,IL 60523 CUKING ON DR,08 CARIDAD 38 KINGSTON DR. CUASAY TR,CARIDAD L 38 KINGSTON DR. 06-27-205-012 OAK BROOK.IL 60523 OAK BROOK,IL 60523 (Attach additional sheets ff necessary) SOLTYS,TIMOTHY&ROSE 4 HAMILTON LN 4 HAMILTON LN OAK BROOK,IL 60523 OAK BROOK IL 60593 06-27-205-014 CARUSO,SOPHIE 2 HAMILTON LN CARUSO,RALPH&SOPHIE TR 2 HAMILTON LN 06-27-205-013 OAK BROOK IL 60523 OAK BROOK,IL 60523 NWAKUDU,OBIDIKE&C 1 HAMILTON LN 1 HAMILTON LN OAK BROOK,IL 60523 OAK BROOK,IL 60523 06-27-206-001 PO AppOraOon form Sec.13-15.4 Rev 12-2015 Subject Property Verification (Complete a separate form for each P.I.N) 1. Permanent Index Number(P.I.N.from Real Estate Tax Bill): 06-27-200-010 2. Common Address: 1717 W 22nd Street,Oak Brook,IL 60181 3. Type the Complete Legal Description below or attach a separate page with the legal Note: Legal Description is to be emailed in Word format to:000laneka_oak-brock.ora LOT 2 IN EASTMAN KODAK SUBDIVISION,BEING A SUBDIVISION IN PART OF SECTION 27, TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22,1995 AS DOCUMENT R95-076627,IN DUPAGE COUNTY,ILLINOIS. The Permanent Index Number,Common Address and Legal information provided has been verged as follows: DuPage County Records/Research Room:(630-407-5401) Contact Person First Name Only: Kim Date called: January 13,2020 I verify that the information provided above is accurate. Dan Miletic,P.E. Printed Name 49nature� Date: -///-.57/-Z GRelationship to Applicant: Civil Engineer PO AppMcatl-Forte SK.13-154 B.12.2016 Certification SURROUNDING PROPERTY OWNERS I(we)certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 500 feet in all directions from the perimeter of the subject property,excluding all streets and right-of-ways. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of this County. The Property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our)knowledge and belief. I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicantlowner agrees to reimburse the Village for all costslfees,publication costs,recording fees, and any other associated costs or fees as contained in Section 13-15-C within 30 days of billing. RELEASE: By submitting the application and related information,applicant is aware that all information submitted is subject to FOIA rules(Freedom of Information Act). GW Oak Brook Owner,LLC Mitch Goltz P�rintte/d Name of Owner Prin t ed Name of Applicant Signature of Owndr Date Signature of Applicant Date BILL TO INFORMATION: GW Oak Brook Owner,LLC Mitch Goltz 773-304-8600 Print Name/Company Contact Person Contact Phone 2211 N.Elston,Suite 304 Chicago,IL 60614 mitch@gwproperties.com Address To be Billed Email Address NOTE: If the applicant/owner has not complied with these requirements and as a result the notification has not been sent to a neighboring property owner within the 500-foot requirement less than 10 days prior to the scheduled hearing,the hearing on this matter will be postponed to the next regular meeting,or until such time as all neighbors within the 500-foot requirement have been sent proper notification. PO 4pUmIlon Foran S-13-154 Rev 12-2018 WAIVERS and VARIATIONS (Site Development Departures) Zoning q-4 Brief description of each waiver or variation sought Fee Each 1ront yard abutting 22nd Street shall have a depth not less than 100' $500.00 13andscape divider with a minimum width of 6'shall be provided $500.00 tweenever 3 parking bays13- Loading Berth/5000 sf to 25,000 sf of Building $500.00 15 parking space/1000 sf for restaurantwith drivethru,10 parking spaces/ 000 sf forsitdown restaurants,and 5 parking spaces/1000sf retail $500.00 1utdoor dining areas permitted as a special use $500.00 13-7C-3 Maximum Building height of 35' $500.00 (To continue copy or retype form and Attach additional sheets if necessary) YO Appli-Ii..form S-13-15d ee,12-2018 PLANNED DEVELOPMENT-SITE DEVELOPMENT ALLOWANCES: Section: 13-15.4 WAIVERS and VARIATIONS (Site Development Departures) Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s)of the site development plan that the departure can be found. Code Section 13-12-7,G.2 Relief Sought 1 Loading Berth/5,000 sf to 25,000 sf of Building RESPONSE: The proposed building uses at the site will not have major deliveries that require semi-trucks and extended amounts of time for deliveries. All the buildings are outlot size that do not include loading dock space. The site plan shows 9'x36'striped out areas with signage that delivery trucks can park for short periods of time for deliveries. They have been placed so that customers can go around them [fever necessary. The building tenants will coordinate their deliveries as to not impede on customer experience. Code Section 13-12-5 Relief sought 15 Parking Space/1000 sf for restaurant with drive thru, 10 Parking Spaces/1000 sf for sit down restaurants, and 5 Parking Spaces/1000 sf retail RESPONSE: To meet Oak Brook parking requirements, the site will require 488 parking spaces. We are seeking a waiver to allow a minimum of 475 parking spaces onsite. A parking study was completed by KLOA that requires only 425 parking spaces during peak weekday hours. This is due to varying peak hours of differnet restau- rants (breakfast, lunch). The site is proposing 486 parking spaces We are requesting a waiver for 475 spaces to allow for flexibility based on the remainder of tenant space (To continue,Copy or retype form and attach additional sheets if necessary) PD APP14-1i—form S-13.154 Rei 12.2018 PLANNED DEVELOPMENT-SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS (Site Development Departures) Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s)of the site development plan that the departure can be found. Code section 13-7C-3 Relief sought Front yard abutting 22nd Street shall have a depth not less than 100' RESPONSE: GWP Development is requesting to reduce the required front yard building setback from 100'to 40'for Building A 45'for Buildings B & C and D 20' for Building E and 73.7'for a Trash Enclosure The property line in front of Building E iogs south 15'which causes this Building's larger setback reduction The build- ings are at least±68.9'setback from the pavement along 22nd Street The sur- rounding properties to the north and the Costco to the west do not meet the set- back requirements, therefore the corridor along 22nd St will continue to have a similar layout. The modern design of the buildings and proposed landscaping will be designed to meet the Commercial Areas Revitalization Plan improving the ex- isting 22nd St. corridor. Code Section 13-12-4C Relief Sought Landscape divider with a minimum width of 6'shall be provided between every 3 parking bays RESPONSE:To maximize the amount of parking 6'wide landscape dividers aren't provided every 3 parking bays.The site plan incorporates end-cap land- scape Islands every 8 spaces, rather than the 15 space requirement because of the site layout. For this reason,there is no shortage of internal landscaping in the parking lot. The two landscape dividers at the main drive are 9'wide to provide a welcoming entrance for customers. (To continue,Copy or retype form and attach additional sheets if necessary) PD W1.11on Form se 13.154 Rev 12-2018 PLANNED DEVELOPMENT-SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS (Site Development Departures) Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment.The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s)of the site development plan that the departure can be found. Code Section 13-713-2 Relief Sought Outdoor dining as a Special Use RESPONSE: The nature of this development is to be a space that the residents will want to come and stay to enjoy a meal.An attractive feature of dining at the Overlook at Oak Brook will be the option of outdoor service. The patios will be furnished with outdoor furniture, screening and landscaping. Denial of the waiver would cause an economic hardship for the future businesses. Code Section 13-7C-3 Relief Sought Maximum Building Height RESPONSE: The development seeks relief from Village requirement of 35' maximum building height within the B-3 district. Relief is sought to allow building height up to 38'for emblematic architectural design of Lazy Dog Brew- ery tower. Refer to Tab 7 for building elevations and renderings show- ing 38'tower design for improved building aesthetics. (To continue.Copy or retype form and attach additional sheets if necessary) PO APPI11-11 n I--S..13-154 Rex 12-2018 nI�IIIIIIII11IIIIIIANIn 7;::4000465.• FRED BUCHOLZ, RECORDER THIS DOCUMENT PREPARED BY: DUPAGE COUNTY ILLINOIS Kelly Gindele,Esq. 12/20/2018 02:55 PM Macy's,Inc. RHSP a 7 West Seventh St COUNTY TAX STAMP FEE 7,350.00 �! Cincinnati,OH 45202 STATE TAX STAMP FEE 14,700.00 (513)579-7000 DOCUMENT # R2018-116735 WHEN RECORDED MAIL TO: y Polsinelli PC J I50 N.Riverside Plaza,Suite 3000 Chicago,Illinois 60606 Attention:David N.Tanner,Esq. Q MAJIL FUTURE TAX BILLS TO: rl GW Oak Brook Owner LLC 0 c/o GW Property Group,LLC 2211 N.Elston Avenue,Suite 304 Chicago,Illinois 60614 t SPECIAL WARRANTY DEED V MACY'S RETAIL HOLDINGS,INC.,a New York corporation,formerly known as Federated Retail Holdings, Inc., a New York corporation, formerly known as The May Department Stores Company,a New York corporation(hereinafter referred to as"Grantor"),in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by GW OAK BROOK OWNER LLC,a Delaware limited liability company("Grantee"),whose address is c/o GW Property Group,LLC,2211 N.Elston Avenue, Suite 304, Chicago,Illinois 60614,the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, ALIENED, CONVEYED AND CONFIRMED,and by these presents does hereby GRANT, BARGAIN, SELL,ALIEN,CONVEY AND CONFIRM unto Grantee,the real property located in DuPage County,Illinois,which is more particularly described on Exhibit"A"attached hereto and made a part hereof for all purposes(the"Land"),together with(i)all and singular the rights,benefits, privileges, easements, tenements, hereditaments, and appurtenances thereon or in anywise appertaining thereto(including any perpetual easements for access,parking,and utilities,and non-exclusive easements for the use of servicing and delivering areas), (ii) all buildings, improvements,and fixtures located on or under the land,and(iii)the right,title and interest,if any,of Grantor in and to adjacent streets,alleys and rights-of-way,all strips and gores between the Land and abutting properties,air rights,oil and mineral rights,water rights,and drainage rights incidental to the Land(together with the Land,the"Property"). The Permanent Index Numbcr of the Property is 06-27-200-010. The address of the Property is 1717 West 22nd Street,Oak Brook,Illinois. 1 TO HAVE AND TO HOLD the Property, subject as stated herein,unto Grantee, its successors and assigns FOREVER in fee simple;Grantor hereby covenanting that the Property is free and clear from any encumbrance done or suffered by Grantor,except as herein provided, and Grantor hereby covenants with Grantee that Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject as stated herein, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof,when the claim is by, through or under Grantor,but not otherwise. This Deed is made expressly subject to(a)zoning laws,rules and regulations affecting the Property,if any,(b)the lien of current ad valorem taxes not yet due and payable,which taxes shall be prorated as of the date of this Deed and are hereby assumed by Grantee(subject to reproration in accordance with the terms of the Sale Contract), and the lien of all future ad valorem taxes,which taxes Grantee hereby assumes and agrees to pay,and(c)the restrictions, covenants,easements and stipulations of record affecting the Property identified on Exhibit"B" attached hereto. BY ACCEPTING THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT,EXCEPT FOR GRANTOR'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THAT CERTAIN AGREEMENT OF PURCHASE AND SALE DATED NOVEMBER 2, 2018 BETWEEN GRANTOR AND GRANTEE (THE "SALE CONTRACT"): (I)GRANTOR'S INTEREST IN THE PROPERTY IS SOLD IN ITS CONDITION"AS IS,WHERE IS,WITH ALL FAULTS,"WITH NO RIGHT OF SETOFF OR REDUCTION IN THE PURCHASE PRICE DUE TO ANY DEFECTS OR CONDITIONS NOW KNOWN OR HEREAFTER DISCOVERED, AND (1l) EXCEPT FOR GRANTOR'S REPRESENTATIONS AND WARRANTIES IN THE SALE CONTRACT AND THE LIMITED WARRANTIES OF TITLE GIVEN IN THIS DEED,GRANTEE IS NOT RELYING ON (AND GRANTOR HEREBY DISCLAIMS AND RENOUNCES) ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES OF ANY KIND (WHETHER ORAL OR WRITTEN,EXPRESS,IMPLIED,STATUTORY,OR OTHERWISE) MADE OR ALLEGEDLY MADE BY GRANTOR OR ANY OF ITS AFFILIATES,OR ANY PERSON ASSOCIATED WITH ANY OF THE FOREGOING, WITH RESPECT TO THE PROPERTY AND ANY IMPROVEMENTS THEREON,INCLUDING,BUT NOT LIMITED TO, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY,PROFITABILITY,SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY AND ANY IMPROVEMENTS THEREON, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY SUCH IMPROVEMENTS AND (iii) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. The provisions of this paragraph are in addition to and not in replacement of any provisions of the Sale Contract. [Signature page follows] 2 IN WITNESS WHEREOF,the undersigned has caused this Special Warranty Deed to be duly made as of this 1 q qday of v e eem,2018. GRANTOR: MACY'S RETAIL HOLINGS,INC.,a New York corporation /J� �� By: ek— Charles P.DiGiovanna,Vice President STATE OF OHIO ) COUNTY OF HAMILTON ) This instrument was acknowledged before me on the /,-;) day ofCW-Q, n 6,-t, 2018,by Charles P.DiGiovanna,Vice President of Macy's Retail Holdings,Inc.,a New York corporation,on behalf of said corporation. a 2� No ublic Name of Notary: My commission expires on [Seal of Notary] SPRY•Pv6 ELIZABETH A.RENGERING * * Notary Public,State of Ohlo My Commission Explres February 11,2021 srgTf 0 3 EXHIBIT A Legal Description of the Property LOT 2 IN EASTMAN KODAK SUBDIVISION, BEING A SUBDIVISION IN PART OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22, 1995 AS DOCUMENT R95-076627,IN DUPAGE COUNTY,ILLINOIS. Exhibit A-1 UNITED SURVEY SERVICE,LLC CONSTRIICTNNI AND EBST �U$�Q�I ALTA/NSPS LAND TITLE SURVEY 22NB --WRMAI( RGAD) -------STREET----------- 41 KODAK I RECORDED DIME a,tw6 J LOT 1 LOT 2 F.-,- iPY_y .7 RS9EUSaB]OE.M8i7W]SSgN e�g I{ {''':�/'///,•AIACYw.aAw•j�u//.�%� '�•.{p n4444 A �� // o- Q /.1d b'b /.Y. /v '1JII iii/yy{IyI}y�I,•�I}+.jl}�� ('�� n. '" � j .,...�t ---------- I llll(—ERNLLRIOISTOUHq AY) PER DOC.N0.6B18p6 ORDERED FllE NO.: 1IWI8 REVISED PER 00MME-8 208'26385 DATE REVISION 1h Manhard C O N S 11 L i I N G March 13,2020 Mr.Tony Budzikowski,AICP Development Services Director Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 Re: Commercial Areas Revitalization Plan Compliance The Overlook at Oak Brook Dear Tony: Introduction The purpose of the proposed development is to revitalize the underperforming Macy's Furniture property located at 1717 2211 Street. The plan for the property is to demolish the existing building and parking areas and reconstruct 7 freestanding structures with associated at-grade parking, landscaping, and utilities. The 5 new buildings located immediately adjacent to the 221d Street right-of-way will house Lazy Dog Brewery,Panera,Five Guys,Blackwood BBQ,Kura Sushi,Urban Plates,Widberry Cafe,and Olive Garden. Proposed Buildings F and G will contain other retail uses that are to be determined. The narrative below demonstrates compliance of the proposed planned development with the planning policies,goals,objectives,and provisions of the Village's Commercial Areas Revitalization Plan. Land Use The Village of Oak Brook Commercial Areas Revitalization Plan intends for the project property to be partially developed as a Regional Commercial Use and partially as a Public/Semi Public Use. Based on the character of the surrounding area,high traffic volume of adjacent roadways,and lack of pedestrian accessibility the development proposes instead to build out the property to satisfy only the Commercial Use standards.The proposed Planned Development fits the definition of Commercial Use as outlined in the Village of Oak Brook Commercial Areas Revitalization Master Plan by strengthening Oak Brook's retail offerings within a highly visible and accessible property bounded by the major transportation arterials of 1-88,Kingery Highway,and 22nd Street. The development will provide multiple dining options intended to draw users from beyond the Oak Brook community, including the office and residential properties north of 221d Street. Traffic It is anticipated that the majority of users for the proposed development will access the site by automobile.The Traffic Report by KLOA dated February 28th,2020 analyzed how the development will affect traffic on 221d Street. The report determined that the existing roadway system and signalized intersection are adequate to accommodate the traffic that will be generated by the proposed development. Additional access to the site will be provided by a cross-access to the Costco property immediately west of the proposed development. The existing cross-access driveway will be relocated to provide better traffic flow and eliminate the"bottle-neck"that would be created by a single-entry point at 22nd Street. The cross access will also encourage commercial sales crossover for shoppers at both the Costco property and the proposed Planned Development.Pedestrian access will be provided throughout the Planned Development to create safe travel paths for people walking between onsite stores and Man1a10 Cr.i-,:I-q• 116 vv,,,Il" .reef.Flo 7 Ch,ayr ul i„;HU654 •8476345 0 restaurants. Additional sidewalk is being provided along the south side of 22- Street, to meet the intersection of 22"1 Street to IL Rte.83. Parking A total of 486 at-grade parking spaces will be provided exclusive to the Planned Development. The parking lot layout is designed to separate the property's main vehicular access point with pedestrian crossing areas. "Canoe"landscape islands are proposed to provide a safety barrier between pedestrian and drivers decelerating from traffic signal movements. The remainder of the parking lot is designed to provide smooth vehicular circulation with well-defined pedestrian walkways. Parking spaces and drive aisles are designed to meet the geometry requirements of the City. The Preliminary Site Plan includes a Parking Table showing that 488 parking spaces are required to meet Village of Oak Brook requirements. The Traffic Report by KLOA analyzes at the different business's uses and their different peak times to determine how many parking spaces will be needed. The report determined that 425 parking spaces are required during the weekday and 412 parking spaces during the weekend, meaning that 486 parking spaces will be adequate. The Planned Development submittal includes a waiver request to reduce the overall required parking to 475 spaces, to allow flexibility for tenants at Buildings F and G. The proposed parking lot striping is going to be painted white to match the existing Costco parking lot. Yellow paint will be used to identify spaces for employee parking, located in the spaces along 22nd Street,leaving the prime parking available to customers.There will be no valet parking. This developer is in discussions with Costco to provide overflow parking capacity to their store at 1901 22"d Street,immediately west of the Planned Development. The Planned Development is proposing to sell and re-subdivide approximately 0.86 acres in the southwest corner of the property for Costco's parking use. This Costco parking area will not be shared with the Planned Development,but sidewalks will be provided between the parking lots,per Village staff request. Lighting All proposed site lighting will utilize LED bulbs to provide energy savings while illuminating for site security. The light fixtures will be"full-cutoff and located to minimize spill onto adjacent properties. Accent lighting will be included on the facades of the proposed buildings to accentuate the architecture and provide welcoming spaces. Landscaping The project is proposing to provide new landscaping throughout the site including improvements within the 22"d Street setback, the property perimeter, building foundations, and within internal landscape islands.The intent of the landscape design is to work to meet the objectives of the Village Commercial Areas Revitalization Plan while still providing unobscured display of tenant signage and access to pedestrian walkways. This will be achieved through a combination of plantings including shade trees, evergreen trees,shrubs and grasses. A portion of land at the northeast corner of the site has been reserved for a possible"icon sign'by the Village of Oak Brook,if desired. Environmental Considerations Environmental considerations have been accounted for within the requested Planned Development. In addition to spill light and landscaping mentioned above, the site will be designed with stormwater detention facilities as required by the DuPage County Stormwater Ordinance. Stormwater detention will be provided within underground vaults meeting required release rates. Evidence of the proposed developments compliance with Village Ordinance Chapter 13-15-3 See attached"Planned Development Site Development Standards"document. We believe that the proposed Planned Development meets the intentions laid out within the Commercial Areas Revitalization Plan. We appreciate the opportunity to work with the Village on this project.If staff has any questions or would like to discuss options and recommendations, please do not hesitate to contact us. Sincerely. Daniel Miletic Project Manager Manhard Consulting,Ltd. The Overlook at Oak Brook March 13,2020 �� VILLAGE OF OAK BROOK PLANNED DEVELOPMENT STANDARDS: Section: 13-15-3 A.Planned Developments Are Not Permitted As Of Right Planned developments shall be approved by the village only in direct response to the accrual of tangible public benefits from the planned development to the village and its residents,along with the neighborhood and area in which the planned development is proposed.These benefits shall include,without limitation,exceptional amenities,landscape features,architectural or site design,or the conservation of special manmade or natural features of the site.all as more specifically set forth in the standards set forth in subsection B of this section. B.General Design StandardsNo application for a planned development shall be approved by the corporate authorities unless the proposed planned development satisfies the standards set forth in this subsection B and subsection C of this section.All of these standards shall not be regarded as inflexible.but shall be used as a framework by the village to test the quality of the amenities benefits to the community,and design and desirability of the proposal. 1.Commercial Areas Revitalization Master Plan:The planned development shall not be inconsistent with the planning policies,goals,objectives,and provisions of the village's commercial areas revitalization master plan.A planned development must also not be inconsistent with the intent and spirit of the village of Oak Brook comprehensive plan. RESPONSE: The proposed Planned Development complies with the planning policies, goals, objectives and provisions of the Village Commercial Areas Revitalization Master Plan as detailed in the attached Planned Development Compliance narrative. The Planned Development is consistent with the intent and spirit of the Oak Brook Comprehensive Plan. The project strives to revitalize an important piece of land for commercial land use by bringing unique users to an under-utilized property. 2. Public Welfare: The Planned Development shall be designed,located,and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health.safety and welfare. RESPONSE:The site plan for the proposed planned development has been oriented so as not to impair adjacent property or endanger public welfare. The site is bounded by major roadways to the north, east,and south;as well as Costco to the west. The development provides adequate distance between proposed and existing buildings to not impair light or air supply. Proposed buildings shall provide fire rated walls as specified in the International Building Code. 3. Impact on Other Property: The Planned Development shall not be unnecessarily injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted pursuant to the applicable zoning district,shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses,shall not be inconsistent with the community character of the neighborhood,shall not alter the essential character of the neighborhood,and shall not substantially diminish or impair property values within the neighborhood.,or be incompatible with other property in the immediate vicinity.The uses permitted in a Planned Development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.The Planned Development must also address compliance with the Village's noise,lighting,and other performance standards. The Overlook at Oak Brook March 13,2020 RESPONSE:The property is separated from any residential uses by 22nd Street and officelcommercial buildings to the north,as well as 1.88 to the south. The proposed uses are in general compliance with those indicated for this location in the Commercial Area Revitalization Master Plan. This Planned Development is consistent with the community character of the neighborhood,and provide benefit to the 22nd Street corridor by revitalizing an underused property with new dining and retail experiences. 4. Impact on Public Facilities and Resources: The Planned Development shall be designed so that adequate utilities,road access,drainage,and other necessary facilities will be provided to serve the development. The Planned Development shall include such impact donations as may be reasonably determined by the Corporate Authorities. The required impact donations, including, without limitation, obligations under the Village's subdivision regulations,shall be calculated in reasonable proportion to the impact of the Planned Development on public facilities and infrastructure to the extent permitted by law. RESPONSE:A traffic impact study is being prepared to determine if the existing signalized intersection on 22"d Street will provide adequate traffic facilities for the proposed development. In addition to this access,the proposed site will realign the existing Costco cross access drive to allow for better traffic flow between the two properties. Based on engineering review of the public utilities,sanitary sewer and watermain within the 22nd Street right-of-way have sufficient capacity to serve the proposed development. The existing above-ground stormwater detention basin will be relocated underground and resized to provide drainage improvements per the current DuPage County requirements. 5 Archaeological, Historical or Cultural Impact: The Planned Development shall not substantially and adversely affect a known archaeological,historical,or cultural resource located on or off of the parcel proposed for development. RESPONSE: No archeological, historical, or cultural resources will be adversely impacted by the proposed development. 6 Parking and Traffic: The Planned Development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets,provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles. RESPONSE:Proposed improvements will utilize the existing signalized intersection at 22"d Street,and no curb cuts are proposed within the major arterial. The access driveway between the proposed development and Costco will be realigned for improved traffic flow between the sites. The site plan has been designed for safe traffic circulation for users, while also providing adequate driveway geometry for delivery and emergency vehicle access. 7. Adequate Buffering: The Planned Development shall have adequate landscaping,public open space.and other buffering features to protect uses within the development and surrounding properties. RESPONSE:The site was oriented to provide landscape buffering along all four sides of the property, with particular detail given to maximizing setback space along 22nd Street. The public space is not proposed due to the major roadways surrounding the site. A portion of land at the northeast corner of the site has been reserved for the Village to construct an"icon sign". The Overlook at Oak Brook March 13,2020 8. Signage: Signage on the site of the Planned Development shall generally be in conformity with the Village s Sign Regulations(Chapter 11 of the Zoning Regulations),except as may otherwise be specifically provided in the ordinance approving a Planned Development. RESPONSE:The project plans for two freestanding signs in addition to proposed building signage. In addition,the project reserves a place on the prime corner of 22nd Street and IL-83 for the Village of Oak Brook to construct a future Icon sign,as recommended by the Village Commercial Areas Revitalization Plan. 9. Ownership/Control Area:The site of the Planned Development must be under ownership and/or unified control of the applicant. RESPONSE:The applicant owns the entirety of the Planned Development site. 10. Need:A clear showing of need for the Planned Development must be made by means of an economic feasibilityland utilization and marketing study. RESPONSE:The uses within the proposed development seek to support the Village of Oak Brook's "zero property tax"by bringing multiple retail tax producers into the Village. Users will include 6+ restaurants with intermixed retailers. Many of the restaurants will provide unique dining options not available within the Village or surrounding areas. New uses on the site will revitalize an under-utilized piece of land in the Village's commercial corridor. 11. Compliance with Subdivision Regulations and Plat Act All Planned Developments,whether or not they are by definition subject to the Village's subdivision regulations or the Illinois Plat Act,shall comply with all standards.regulations and procedures of the Village's subdivision regulations and the Plat Act except as is expressly provided otherwise in this Chapter.or as otherwise provided by the Corporate Authorities pursuant to the ordinance approving the Planned Development,or the applicable sections of the Village's subdivision regulations. RESPONSE:The planned development will comply with the Subdivision Regulations and Plat Act. A portion of the property within the southwest comer will be subdivided and sold to Costco for future construction overflow parking. The developer plans to subdivide the parcel under separate Village submittal process. Q. Covenants and Restrictions to be Enforceable by Village: All covenants,deed restrictions,easements, and similar restrictions to be recorded in connection with the Planned Development shall provide that they may not be modified,removed,or released without the express consent of the Corporate Authorities and that they may be enforced by the Village as well as by future landowners within the proposed development RESPONSE:Any covenants,deed restrictions,easements,and similar restrictions to be recorded with the planned development shall contingent on approval and enforcement by all responsible governing agencies. 13. Security and Site Control: The Planned Development shall include the plans necessary to describe establish,and maintain appropriate property and building security and site control measures for the Planned Development and the property on which the Planned Development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties. The Overlook at Oak Brook March 13.2020 RESPONSE:Each tenant within the planned development will provide security to meet fitting with the operations plan of the user. The parking lot and driveways within the development will be illuminated with LED site lighting to meet IESNA Guidelines for security lighting in public spaces. C. Additional Standards: In addition to the standards required in Subsection B of this Section, the following standards shall be considered in reviewing all proposed and amended Planned Developments,particularly with regard to elements of Planned Development proposals that do not satisfy the otherwise applicable provisions of the underlying zoning and subdivision regulations. 1. Integrated Design: A Planned Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe,efficient,convenient and harmonious grouping of structures,uses and facilities,and for appropriate relation of space inside and outside buildings to intended uses and structural features. RESPONSE: This application is proposing that the entirety of the development be designed and constructed simultaneously to provide an integrated finished product. The developer is also in discussions with Costco to provide land for the retailers overflow parking. Drives and sidewalks between the two properties will allow for safe pedestrian access. 2 Beneficial Common Open Space: Any common open space in the Planned Development shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s)and shall not be of isolated or leftover character RESPONSE:A portion of land at the northeast corner of the site has been reserved for the Village to construct an"icon sign". Proposed onsite restaurants will provide seasonal outdoor seating patios. The following would not be considered usable common open space: a Areas reserved for the exclusive use or benefit of an individual tenant or owner. b. Dedicated streets,alleys and other public rights-of-way. c Vehicular drives,parking,loading and storage areas d. Irregular or unusable narrow strips of land- 3 Functional and Mechanical Features: Exposed storage areas,trash and garbage retainers,exposed machinery installations,service areas,truck loading areas,utility buildings and structures.and similar accessory areas and structures shall be accounted for in the design of the Planned Development and made as unobtrusive as possible. These features shall be subject to such setbacks,special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties RESPONSE:The planned development design locates trash retainers within enclosures with opaque walls and landscape screening.All HVAC units will be provided as roof top units at each building. Special consideration was given to minimizing visibility of functional features from 22nd Street 4 Visual and Acoustical Privacy: The Planned Development shall provide reasonable visual, and acoustical privacy. Fences,insulations,walks,barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants,screening of objectionable view or uses.and reduction of noises. The Overlook at Oak Brook March 13,2020 RESPONSE:As shown in the preliminary landscape plan,the site provides an extensive landscaping perimeter to act as a visual and acoustic barrier to surrounding property. Due the nature of the surrounding property,including abutment by three major roadways,the planned development will not create visual and acoustic disturbance to residential areas. 5. Energy Efficient Design:A Planned Development shall be designed with consideration given to various methods of site design and building location,architectural design of individual structures,and landscaping design capable of reducing energy consumption within the Planned Development. The applicant will be encouraged,to the extent feasible,to obtain Leadership in Energy and Environmental Design("LEED") certification for the project. A Planned Development applicant may also undertake the following. a. Having at least one member of the applicant's project team be a"LEED Accredited Professional" --a person who has received the LEED Accredited Professional designation from the United Slates Green Building Council("USGBC"),the Green Building Certification Institute,or another entity authorized by the USGBC to grant that designation. b. Having its application materials include a"LEED Checklist"developed by the U.S.Green Building Council indicating the credits pursued and total points anticipated for a project under the most appropriate LEED rating system,in consultation with the Director of Community Development RESPONSE:The proposed development seeks to revitalize an existing property constructed over 20 years ago. In doing so,the development will construct new buildings with energy saving measures that meet and exceed the current code. Items such as LED lighting,low flow water fixtures,energy saving HVAC equipment will be included within the design of the project. 6. Drives,Parking and Circulation: Principal vehicular access shall be from dedicated public streets,and access points shall be designed to encourage smooth traffic Flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways,interior drives and parking,special attention shall be given to location and number of access points to the public streets,width of interior drives and access points,general interior circulation, separation of pedestrian and vehicular traffic,adequate provision for service by emergency vehicles,and arrangement of parking areas that are safe and convenient,and insofar as feasible,do not detract from the design of proposed buildings and structures and the neighboring properties. To the extent practical, Planned Developments shall provide connections to and from existing bike and walking paths so as to ensure a continuous route without gaps or disconnections. RESPONSE:See prior responses. 7 Surface Water Drainage:Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public stone drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the Flow of vehicular or pedestrian traffic. RESPONSE:The proposed development will incorporate stormwater design to meet the requirements of Du Page County and the Village of Oak Brook. The design will use underground vaults to detain stormwater runoff,which will have a restricted release at the southeast corner of the site. This release point will match the existing site flow patterns and flow for the 100-year storm event. Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22n°Street(Former Macy's) PIN:06-27-200-010 Page 8 of 15 EXHIBIT C PDC RECOMMENDATION AND FINDINGS OF FACT EXHIBIT C PDC RECOMMENDATION and FINDINGS OF FACT VII [AGE OF OAK B R9 , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 July 17, 2020 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523 Subject: Case No: 2020-02-ZO-PUD—GW Oak Brook Owner, LLC,Applicant/Owner— 1717 22"d Street (former Macy's Furniture) — The Overlook at Oak Brook — Retail Stores and Restaurant Project—Planned Development Dear Village President and Board of Trustees: Background On June 25, 2020, the Planned Development Commission held the required public hearing virtually via teleconference and completed its review and deliberations on an application for The Overlook at Oak Brook submitted by GW Oak Brook Owner, LLC applicant and owner of the subject property located at 1717 22nd Street,commonly known as Macy's Furniture store,seeking approval of a planned development. The existing Macy's furniture store on the 9.4 acre site will be demolished and the request is to construct a commercial mixed-use redevelopment project that will consist of retail and restaurant uses. There are seven outlots proposed on 8.4 acres with the remaining acre proposed for sale to Costco for additional employee parking. The applicant provided a presentation on the proposed project before the President and Board of Trustees on August 13, 2019 and the Board provided comments to the applicant. The application moved forward pending a thorough review and recommendation by the Planned Development Commission. Specifically,this planned development will include the following elements: Waivers and Variations: The Planned Development process allows an applicant to request waiver of and variations from Village zoning laws that are necessary for the construction of the desired project. The following waivers and variations were requested and are also listed under Tab 1 of the case file. 1. Building Structure Height. Section 13-7C-3 to increase the structure height for the Lazy Dog Brewery tower feature from 35 feet to 38 feet. The zoning regulations do permit and allow some flexibility in structure height for steeples, mechanical rooms and other roof structures where a structure can be up to 30 feet above the height limit of the district it is located. Staff has determined that the three foot(3')increase in height for the proposed architectural tower is minimal in nature and consistent with the intent and purpose of the structure height provisions in Section 13-3-8 of the zoning regulations. July 17,2020 Village President and Board of Trustees RE: GW Oak Brook— 1717 22nd Street The Overlook at Oak Brook-Planned Development Page 2 2. Building Setbacks. Section 13-7C-3 to reduce the required front yard building setback from 100 feet to 40 feet for building A,45 feet for buildings B, C and D and 20 feet for building E. The proposed buildings are setback a minimum of 68 feet(for the closest building E)and at least 76 feet from the curb/pavement on 22nd Street for the remaining buildings. 3. Outdoor Dining. Section 13-7C-2 to permit and allow outdoor dining as part of the planned development site plan approval. The proposed outdoor dining area locations for the various restaurants are included as part of the proposed site plan. The recent Board approval of outdoor dining as a permitted use rather than a special use in accordance with a text amendment (G- 1163) does render this request unnecessary for some of the buildings/outdoor dining areas in this development. The outdoor dining areas are still included on the proposed site plan to evaluate dining locations,pedestrian access, vehicle conflicts and other site criteria to be sure these areas are code compliant and safe for the customers/employees and other users. 4. Number of off-street parking spaces. Section 13-12-5 Off-Street Parking to permit and allow a reduction in the required number of off-street parking spaces from 488 to 475. 5. Number and location of loading berths. Section 13-12G-2 to reduce the number of loading spaces on-site where the code requires 1 loading berth for buildings that are 5,000 ft2 to 25,000 W. A 9'x 36' loading space has been provided at building A and three(3)other similarly sized loading spaces have been provided at each building cluster B/C,D/E and G/F to accommodate deliveries. 6. Location ofparking lot landscape islands. Section 13-124C to reduce the number of landscape islands within the interior parking lot. In order to justify this request, all end-cap parking islands,perimeter parking lot setback areas and most building foundation areas are landscaped with trees, shrubs and ornamental grasses to soften the aesthetic of the development,aid storm water management and reduce the urban heat island affect. 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 a few people in the virtual audience and two spoke in support of the project,both being Costco representatives for its site selection and design strategies. No one spoke and no letters were received in opposition to the request. Planned Development Recommendation The Planned Development Commission discussed the site and setbacks,building designs, signage and logos,traffic,parking,landscape screening,fire department access,stormwater detention,car stacking at the Costco traffic light,providing protection from vehicles for the Montessori outdoor play area,and the availability of bike racks.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 4. PDC Rec Chairletter-Overlook at Oak Brook-1717 22nd St-PUD.SIGNED-2020.doex July 17,2020 Village President and Board of Trustees RE: GW Oak Brook— 1717 22"d Street The Overlook at Oak Brook-Planned Development Page 3 The Commission reviewed and deliberated on the applicant's request and by two separate motions in order to revise condition number 6 that had originally stated: "6. Exterior insulation finish systems ("BIFS"), stucco, and materials deemed comparable by Development Services Director, shall occupy no more than 25% of any building elevation, and shall comply with all Village Code requirements concerning maintenance and installation. The final design elevations shall be consistent with the design prototypes included in the application materials." Both votes were unanimous 7 to 0 and found that the applicant had addressed the required planned development standards and recommended approval of the proposed development, subject to certain conditions that included the revision to number 6 that read as follows: 1. Compliance with Plans: The development,maintenance,and operation of the property 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. The final site plan should reflect changes made to the Costco cross access, guardrails along the retaining walls and bollards at the Montessori play area and any outdoor dining located along a drive isle or parking area as approved by staff. 2. Final engineering approval shall be required prior to the issuance of the building permit for the Development. 3. Final landscape plan approval shall be required prior to the issuance of the building permit for the Development. Specific emphasis shall be given to the perimeter landscape screening adjacent to 22nd Street parking areas whereby a continuous screen in the form of an earth berm and landscaping of at least 4' high shall be provided at the time of installation. 4. Final Subdivision Plat approval for the Development/Property shall be required prior to the issuance of any permits for the Development/Property. Said plat shall include all utility, stormwater,cross-access, shared parking and sidewalk easements, and otherwise comply with the Village's Subdivision Regulations. 5. Cross-access and shared parking easements shall be provided within the development's surface parking lots. The cross-access and shared parking easements must be in a form approved by the Village Attorney prior to recordation, and must be approved prior to approval of the final plat of subdivision for the property. 6. Exterior insulation finish systems ("EIFS"), stucco, and materials deemed comparable by the Development Services Director, shall comply with all Village Code requirements concerning maintenance and installation. The final design elevations shall be consistent with the design prototypes included in the application materials. PDC Rec Chairletter-Overlook at Oak Brook-1717 22nd St-PUD.SIGNED-2020.docx July 17,2020 Village President and Board of Trustees RE: GW Oak Brook— 1717 22nd Street The Overlook at Oak Brook-Planned Development Page 4 7. Covenants. Covenants must be recorded against the property in connection with the development. The covenants and/or condominium declarations must address the stormwater, property maintenance,cross-access,and other conditions imposed by the Ordinance approving the planned development or any agreement associated with the same. The covenants and/or condominium declarations must be in a form approved by the Village Attorney prior to recordation. The covenants and/or condominium declarations must be approved by the Village Attorney prior to approval of the final plat of subdivision for the property. 8. Trash enclosures shall be of a building material to match the proposed buildings materials incorporating brick,stone or a similar product for design consistency,aesthetics and long-term durability. 9. All sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance in addition to creating unified signage criteria. 10. Comply with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. The original conditions were contained in the Staff Report on pages 9-9.j 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 Tropinsl ' / Chairwoman Planned Development Commission PDC Rec Chairletter-Overlook at Oak Brook-1717 22nd St-PUD.SIGNED-2020.docx Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22n°Street(Former Macy's) PIN:06-27-200-010 Page 9 of 15 GROUP EXHIBIT D PLANS Manhard. C o N s u L T I N e vNen ti r1--inu �N`.di m,.IFneid -slrlrc,r rv�,,ur�,al,l l-;ncs„.ana 4i rhitc-r-n �;nd 1'I,nnniy August 3,2020 Mr.Tony Budzikowski,AICP Development Services Director Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 Re: Commercial Areas Revitalization Plan Compliance The Overlook at Oak Brook Dear Tony: Introduction The purpose of the proposed development is to revitalize the underperforming Macy's Furniture property located at 1717 221d Street. The plan for the property is to demolish the existing building and parking areas and reconstruct 7 freestanding structures with associated at-grade parking, landscaping, and utilities. The 5 new buildings located immediately adjacent to the 22nd Street right-of-way will house Lazy Dog Brewery, Panera,Blackwood BBQ,Kura Sushi,Verizon,Wildbeny Cafe,Olive Garden and additional restaurant/retail uses. Buildings F is proposed as a Veterinary Emergency Group and Building G is a proposed Guidepost Montessori. The narrative below demonstrates compliance of the proposed planned development with the planning policies, goals, objectives, and provisions of the Village's Commercial Areas Revitalization Plan. Land Use Based on the character of the surrounding area,high traffic volume of adjacent roadways,and lack of pedestrian accessibility;the development proposes instead to build out the property to satisfy only the Commercial Use standards.The proposed Planned Development fits the definition of Commercial Use as outlined in the Village of Oak Brook Commercial Areas Revitalization Master Plan by strengthening Oak Brook's retail offerings within a highly visible and accessible property bounded by the major transportation arterials of 1-88,Kingery Highway,and 22nd Street. The development will provide multiple dining options intended to draw users from beyond the Oak Brook community,including the office and residential properties north of 22nd Street. Traffic It is anticipated that the majority of users for the proposed development will access the site by automobile.The Traffic Report by KLOA dated February 28th,2020 analyzed how the development will affect traffic on 221d Street. The report determined that the existing roadway system and signalized intersection are adequate to accommodate the traffic that will be generated by the proposed development. Additional access to the site will be provided by a cross-access to the Costco property immediately west of the proposed development. The existing cross-access driveway will be relocated to provide better traffic flow and eliminate the"bottle-neck”that would be created by a single-entry point at 22n1 Street. The cross access will also encourage commercial sales crossover for shoppers at both the Costco property and the proposed Planned Development. Pedestrian access will be provided throughout the Planned Development to create safe travel paths for Manhard Consulting• I"h Ne t nnvn=.Fn-eer I lour/.Chicago,Illinois 60654•84763455SU•manhard com I I I x^,al ✓� ,nNs!d people walking between onsite stores and restaurants.Additional sidewalk is being provided along the south side of 22nd Street,to meet the intersection of 22nd Street to IL Rte.83. Parking A total of 458 at-grade parking spaces will be provided exclusive to the Planned Development. The parking lot layout is designed to separate the property's main vehicular access point with pedestrian crossing areas. "Canoe"landscape islands are proposed to provide a safety barrier between pedestrian and drivers decelerating from traffic signal movements. The remainder of the parking lot is designed to provide smooth vehicular circulation with well-defined pedestrian walkways. Parking spaces and drive aisles are designed to meet the geometry requirements of the City. The Preliminary Site Plan includes a Parking Table showing that 461 parking spaces are required to meet Village of Oak Brook requirements. The Traffic Report by KLOA analyzes at the different business's uses and their different peak times to determine how many parking spaces will be needed. The report determined that 371 parking spaces are required during the weekday and 372 parking spaces during the weekend, meaning that 458 parking spaces will be adequate. The Planned Development submittal includes a waiver request to reduce the overall required parking to 447 spaces, to allow flexibility for the tenants. The proposed parking lot striping is going to be painted white to match the existing Costco parking lot. Yellow paint will be used to identify spaces for employee parking, located in the spaces along 221d Street,leaving the prime parking available to customers.There will be no valet parking. This developer is in discussions with Costoo to provide overflow parking capacity to their store at 1901 22nd Street,immediately west of the Planned Development. The Planned Development is proposing to sell and re-subdivide approximately 0.86 acres in the southwest comer of the property for Costco's parking use. This Costco parking area will not be shared with the Planned Development. Lighting All proposed site lighting will utilize LED bulbs to provide energy savings while illuminating for site security. The light fixtures will be"full-cutoff' and located to minimize spill onto adjacent properties. Accent lighting will be included on the facades of the proposed buildings to accentuate the architecture and provide welcoming spaces. Landscaping The project is proposing to provide new landscaping throughout the site including improvements within the 22nd Street setback, the property perimeter, building foundations, and within internal landscape islands.The intent of the landscape design is to work to meet the objectives of the Village Commercial Areas Revitalization Plan while still providing unobscured display of tenant signage and access to pedestrian walkways. This will be achieved through a combination of plantings including shade trees, evergreen trees,shrubs and grasses. A portion of land at the northeast comer of the site has been reserved for a possible"icon sign"by the Village of Oak Brook,if desired. Environmental Considerations Environmental considerations have been accounted for within the requested Planned Development. In addition to spill light and landscaping mentioned above, the site will be designed with stormwater detention facilities as required by the DuPage County Stormwater Ordinance. Stormwater detention will be provided within underground vaults meeting required release rates. Evidence of the proposed developments compliance with Village Ordinance Chapter 13-15-3 See attached"Planned Development Site Development Standards"document. We believe that the proposed Planned Development meets the intentions laid out within the Commercial Areas Revitalization Plan. We appreciate the opportunity to work with the Village on this project.If staff has any questions or would like to discuss options and recommendations, please do not hesitate to contact us. Sincerely, Daniel Miletic,H.E. Project Manager Manhard Consulting,Ltd. The Overlook at Oak Brook August 3,2020 VILLAGE OF OAK BROOK PLANNED DEVELOPMENT STANDARDS: Section: 13-15-3 A.Planned Developments Are Not Permitted As Of Right:Planned developments shall be approved by the village only in direct response to the accrual of tangible public benefits from the planned development to the village and its residents,along with the neighborhood and area in which the planned development is proposed.These benefits shall include,without limitation,exceptional amenities,landscape features,architectural or site design,or the conservation of special manmade or natural features of the site,all as more specifically set forth in the standards set forth in subsection B of this section. B.General Design Standards:No application for a planned development shall be approved by the corporate authorities unless the proposed planned development satisfies the standards set forth in this subsection B and subsection C of this section.All of these standards shall not be regarded as inflexible,but shall be used as a framework by the village to test the quality of the amenities,benefits to the community,and design and desirability of the proposal. 1.Commercial Areas Revitalization Master Plan:The planned development shall not be inconsistent with the planning policies,goals,objectives,and provisions of the village's commercial areas revitalization master plan.A planned development must also not be inconsistent with the intent and spirit of the village of Oak Brook comprehensive plan. RESPONSE: The proposed Planned Development complies with the planning policies, goals, objectives and provisions of the Village Commercial Areas Revitalization Master Plan as detailed in the attached Planned Development Compliance narrative. The Planned Development is consistent with the intent and spirit of the Oak Brook Comprehensive Plan. The project strives to revitalize an important piece of land for commercial land use by bringing unique users to an under-utilized property. 2. Public Welfare: The Planned Development shall be designed,located,and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health,safety and welfare. RESPONSE:The site plan forthe proposed planned development has been oriented so as not to impair adjacent property or endanger public welfare. The site is bounded by major roadways to the north, east,and south;as well as Costco to the west. The development provides adequate distance between proposed and existing buildings to not impair light or air supply. Proposed buildings shall provide fire rated walls as specified in the International Building Code. 3. Impact on Other Property: The Planned Development shall not be unnecessarily injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted pursuant to the applicable zoning district,shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses,shall not be inconsistent with the community character of the neighborhood,shall not alter the essential character of the neighborhood,and shall not substantially diminish or impair property values within the neighborhood,or be incompatible with other property in the immediate vicinity.The uses permitted in a Planned Development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.The Planned Development must also address compliance with the Village's noise,lighting,and other performance standards. The Overlook at Oak Brook August 3,2020 RESPONSE:The property is separated from any residential uses by 22nd Street and office/commercial buildings to the north,as well as 1-88 to the south. The proposed uses are in general compliance with those indicated for this location in the Commercial Area Revitalization Master Plan. This Planned Development is consistent with the community character of the neighborhood,and provide benefit to the 22nd Street corridor by revitalizing an underused property with new dining and retail experiences. 4. Impact on Public Facilities and Resources: The Planned Development shall be designed so that adequate utilities,road access,drainage,and other necessary facilities will be provided to serve the development. The Planned Development shall include such impact donations as may be reasonably determined by the Corporate Authorities. The required impact donations, including, without limitation, obligations under the Village's subdivision regulations,shall be calculated in reasonable proportion to the impact of the Planned Development on public facilities and infrastructure to the extent permitted by law. RESPONSE:A traffic impact study is being prepared to determine if the existing signalized intersection on 22nd Street will provide adequate traffic facilities for the proposed development. In addition to this access,the proposed site will realign the existing Costco cross access drive to allow for better traffic flow between the two properties. Based on engineering review of the public utilities,sanitary sewer and watermain within the 22nd Street right-of-way have sufficient capacity to serve the proposed development. The existing above-ground stormwater detention basin will be relocated underground and resized to provide drainage improvements per the current DuPage County requirements. 5. Archaeological, Historical or Cultural Impact: The Planned Development shall not substantially and adversely affect a known archaeological,historical,or cultural resource located on or off of the parcel proposed for development. RESPONSE: No archeological, historical, or cultural resources will be adversely impacted by the proposed development. 6. Parking and Traffic: The Planned Development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets,provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles. RESPONSE:Proposed improvements will utilize the existing signalized intersection at 22nd Street,and no curb cuts are proposed within the major arterial. The access driveway between the proposed development and Costco will be realigned for improved traffic flow between the sites. The site plan has been designed for safe traffic circulation for users, while also providing adequate driveway geometry for delivery and emergency vehicle access. 7. Adequate Buffering: The Planned Development shall have adequate landscaping,public open space,and other buffering features to protect uses within the development and surrounding properties. RESPONSE:The site was oriented to provide landscape buffering along all four sides of the property, with particular detail given to maximizing setback space along 22nd Street. The public space is not proposed due to the major roadways surrounding the site. A portion of land at the northeast corner of the site has been reserved for the Village to construct an"icon sign". The Overlook at Oak Brook August 3,2020 8. Signage: Signage on the site of the Planned Development shall generally be in conformity with the Village's Sign Regulations(Chapter 11 of the Zoning Regulations),except as may otherwise be specifically provided in the ordinance approving a Planned Development. RESPONSE:The project plans for two freestanding signs in addition to proposed building signage. In addition,the project reserves a place on the prime corner of 22nd Street and IL-83 for the Village of Oak Brook to construct a future Icon sign,as recommended by the Village Commercial Areas Revitalization Plan. 9. Ownership/Control Area:The site of the Planned Development must be under ownership and/or unified control of the applicant. RESPONSE:The applicant owns the entirety of the Planned Development site. 10. Need:A clear showing of need for the Planned Development must be made by means of an economic feasibility,land utilization and marketing study. RESPONSE:The uses within the proposed development seek to support the Village of Oak Brook's "zero property tax"by bringing multiple retail tax producers into the Village. Users will include 6+ restaurants with intermixed retailers. Many of the restaurants will provide unique dining options not available within the Village or surrounding areas. New uses on the site will revitalize an under-utilized piece of land in the Village's commercial corridor. 11. Compliance with Subdivision Regulations and Plat Act: All Planned Developments,whether or not they are by definition subject to the Village's subdivision regulations or the Illinois Plat Act,shall comply with all standards,regulations and procedures of the Village's subdivision regulations and the Plat Act except as is expressly provided otherwise in this Chapter, or as otherwise provided by the Corporate Authorities pursuant to the ordinance approving the Planned Development,or the applicable sections of the Village's subdivision regulations. RESPONSE:The planned development will comply with the Subdivision Regulations and Plat Act. A portion of the property within the southwest corner will be subdivided and sold to Costco for future construction overflow parking. The developer plans to subdivide the parcel under separate Village submittal process. 12. Covenants and Restrictions to be Enforceable by Village: All covenants,deed restrictions,easements, and similar restrictions to be recorded in connection with the Planned Development shall provide that they may not be modified,removed,or released without the express consent of the Corporate Authorities and that they may be enforced by the Village as well as by future landowners within the proposed development. RESPONSE:Any covenants,deed restrictions,easements,and similar restrictions to be recorded with the planned development shall contingent on approval and enforcement by all responsible governing agencies. 13. Security and Site Control: The Planned Development shall include the plans necessary to describe, establish,and maintain appropriate property and building security and site control measures for the Planned Development and the property on which the Planned Development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties. The Overlook at Oak Brook August 3,2020 RESPONSE:Each tenant within the planned development will provide security to meet fitting with the operations plan of the user. The parking lot and driveways within the development will be illuminated with LED site lighting to meet IESNA Guidelines for security lighting in public spaces. C. Additional Standards: In addition to the standards required in Subsection B of this Section,the following standards shall be considered in reviewing all proposed and amended Planned Developments,particularly with regard to elements of Planned Development proposals that do not satisfy the otherwise applicable provisions of the underlying zoning and subdivision regulations. 1. Integrated Design: A Planned Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe,efficient,convenient and harmonious grouping of structures,uses and facilities,and for appropriate relation of space inside and outside buildings to intended uses and structural features. RESPONSE: This application is proposing that the entirety of the development be designed and constructed simultaneously to provide an integrated finished product. The developer is also in discussions with Costco to provide land for the retailers overflow parking. Drives between the two properties will allow for safe customer access. 2. Beneficial Common Open Space: Any common open space in the Planned Development shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s)and shall not be of isolated or leftover character. RESPONSE:A portion of land at the northeast corner of the site has been reserved for the Village to construct an"icon sign". Proposed onsite restaurants will provide seasonal outdoor seating patios. The following would not be considered usable common open space: a. Areas reserved for the exclusive use or benefit of an individual tenant or owner. b. Dedicated streets,alleys and other public rights-of-way. C. Vehicular drives,parking,loading and storage areas. d. Irregular or unusable narrow strips of land. 3. Functional and Mechanical Features: Exposed storage areas,trash and garbage retainers,exposed machinery installations,service areas,truck loading areas,utility buildings and structures,and similar accessory areas and structures shall be accounted for in the design of the Planned Development and made as unobtrusive as possible. These features shall be subject to such setbacks,special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. RESPONSE:The planned development design locates trash retainers within enclosures with opaque walls and landscape screening.All HVAC units will be provided as roof top units at each building. Special consideration was given to minimizing visibility of functional features from 22nd Street 4. Visual and Acoustical Privacy: The Planned Development shall provide reasonable visual, and acoustical privacy. Fences,insulations,walks,barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses,and reduction of noises. The Overlook at Oak Brook August 3,2020 RESPONSE:As shown in the preliminary landscape plan,the site provides an extensive landscaping perimeter to act as a visual and acoustic barrier to surrounding property. Due the nature of the surrounding property,including abutment by three major roadways,the planned development will not create visual and acoustic disturbance to residential areas. 5. Energy Efficient Design: A Planned Development shall be designed with consideration given to various methods of site design and building location,architectural design of individual structures,and landscaping design capable of reducing energy consumption within the Planned Development. The applicant will be encouraged,to the extent feasible,to obtain Leadership in Energy and Environmental Design("LEED") certification for the project. A Planned Development applicant may also undertake the following: a. Having at least one member of the applicant's project team be a"LEED Accredited Professional" —a person who has received the LEED Accredited Professional designation from the United States Green Building Council("USGBC"),the Green Building Certification Institute,or another entity authorized by the USGBC to grant that designation. b. Having its application materials include a"LEED Checklist"developed by the U.S.Green Building Council indicating the credits pursued and total points anticipated for a project under the most appropriate LEED rating system,in consultation with the Director of Community Development. RESPONSE:The proposed development seeks to revitalize an existing property constructed over 20 years ago. In doing so,the development will construct new buildings with energy saving measures that meet and exceed the current code. Items such as LED lighting,low flow water fixtures,energy saving HVAC equipment will be included within the design of the project. 6. Drives,Parking and Circulation: Principal vehicular access shall be from dedicated public streets,and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways,interior drives and parking,special attention shall be given to location and number of access points to the public streets,width of interior drives and access points,general interior circulation, separation of pedestrian and vehicular traffic,adequate provision for service by emergency vehicles,and arrangement of parking areas that are safe and convenient,and insofar as feasible,do not detract from the design of proposed buildings and structures and the neighboring properties. To the extent practical, Planned Developments shall provide connections to and from existing bike and walking paths so as to ensure a continuous route without gaps or disconnections. RESPONSE:See prior responses. 7. Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic. RESPONSE:The proposed development will incorporate stormwater design to meet the requirements of Du Page County and the Village of Oak Brook. The design will use underground vaults to detain stormwater runoff,which will have a restricted release at the southeast corner of the site. This release point will match the existing site flow patterns and flow for the 100-year storm event. . e i � N r '50 ,y�`iA1 ni'�a�...; -> -__•-__ __ i . N 890{'E 3bT,e' —_1+��"'^•°-rw p - r A M�f-•M .%• :_%-M-X -% J< )♦M ...«.: � .N Prr�� 9734 - -—_ —� � .. . 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AK r��t ro wLLY i ry f[n![ AAna ro w wean r.At rnls [min u ... 1 - 4 A[ 7 auo+m :amiscs[..cno wi M.,u.,. ecr art a sr ca[Mx a scum nn rr cowrs�cw Mu ' .tl9.A L_ 3�...-'� i� m aMAw rlMa[nCrr xoRS r I Ag> l l— I aIi'I3 (f Tj Ell I ll b 8 b Awl N gig N Ag�.g !of jj g's gj ip"gi p def I I 5 =_ 4 "gi 3 M i�� — �g"i,7�i — I TEoVMW ON AT OAKBPOOK TManhardr o � vluAue OF OAN BBOON.IWNOIB C O N S U l T I N C 11.11 ABY6IROIME..AlANOPAVINGPIAN ' - 1 UU �� I 9c N%k i I� 1 � h IN el '4 4 I 1 r _ ,rr abi F AIR' . ;w, A +0 I $ eM. q A MIA,. ? t a n i' 3' K ♦— •`q I : 1 l yxg € � jj t� Oita5ay I, �.?�'�� 8 R alis RA"A�3����,jaCR� °�a$ �� j a�# R � \ r +�➢ i i g mp#gC sa�'teFpaqG$}$ybb.� R q 4q? �?q Ba19K,^? im ISR&2 RAi` AC 3 9, It r x x ?� a •g�R � �. o S�E 111q ;af ; I 3 R? w RO®IT KNOMY NOWAY MIAl M F"m p) d € d � c,,,�•F{I-i;A� THE OVERLOOK AT OAK BROOK _ M a n h a r -- - i VILLAGE OF OAK BROOK,ILLINOIS 4SULTINC 40k PREUMINARY GRADING PLAN I I ' 'A m y H SSS s 1 � I c-c ' 1 x Y' iJEJ, fi�'-T AllA rr tAa yi a �� $� V$�," gE a a@ !$ e say . eR g g�" 3 s pF All P i4 A� g�Z P EY I�`�¢� k 1 - •® » E it 'vi xj'�Jl Iftli is p oil R 00!iN 11 _ s "ON" KPMMr"SWAY luraw RWM al �z THE OVERLOOK AT OAK BROOK. - - 4 Ma 11 ha rd VILLAGE OF OAK BROOK,&UNOIB y.-------- mu ::ONSU4TINC •� PREUMIHARY U"UTY PLAN a��::.y..:,...,�.....:.•w�'.'" ..r"�. Rall element splice Rall element splice—t (See Detail) (See Detail( / 37 37 37 37 6'-3" 6'-3" 37 11.905 ml (1.905 m) (953) 19531 19531 1953) 1953) A-I A~1 e beam guarteeldailtw th bolt I I I I slots at 3716,(953) I I I I I I I I 'I I I U centers U A B U U U U u A 4 U ELEVATION ELEVATION TYPE B TYPE A 3714(953)Closed post spacing V-3"(1.905 ml Typical post spacing Rall element splice Edge of (See Detail) shoultler 24 for min. _ 6'-3• for Type A 11.905 ml B� � when S<3 Im TraHlc Steel plate IL beam guardrail e Block-outs Hinge point E°a As Sloe 1:10 I I SIoDe 1:10 I I 4 o Traffic B4J Slope 1 or flatter I I ,o v PLAN or flatter I I Steel or wood I * E I I peas x•11 I I I MED Double steel plate beam guardrail I6'-3"(1.905 m)typical post spacing SECTION A-A GENERAL NOTES • When'S'Is less than 3 and the All slope rat os are expressed as units of vertical distance from the back of post SECTION B-B displacement to units of horizontal displacement is less than 24(610).the post •• When connecting Type 0 guardrail (V:H). shall be steel and the embedment to an impact attenuator,adjust shall be 761§(1.93 m)and the this dimension to match over All dimensions are in inches(millimeters) minimum top of rail height shall a distance of 25'-0•(7.62 m) unless otherwise shown. be 31(787). - from point of connection if necessary. DATE REVISIONS STEEL PLATE BEAM ®Illinois Department of Transportation 1-1-18 Revised steel post to have xawn 7n r _ four holes in each Range. GUARDRAIL L-1—or1r Alouat_s t (Sheet 1 of 4) E 1-1.17 Added detail for leave-out. x va xoie Rev.'D'to less than 6 11501 �t - STANDARD 630001-12 ExcixEEa r peSiGx nxo ExwnoxaExr for guardrail behind curb. 12 8 (83) (305) (149) 1831 (305) 12007 Std.flat washer Bolt not to extend ,o more than Past nut I \ I \ post bolt wit Post ooh with-� II h std.hex nut ———— std.hex nut ———— 8x6(200x1501 Rough W6x9(W150x13.5)or 12x6 1 305xl52l Rough sawn tlmber post W6x8.5(WISOx12.75) sawn timber blockout steel post. toe-n-ked to post With 16d naNs II II CL I STEEL POST CONSTRUCTION " ' WOOD POST CONSTRUCTNNI zK Four holes each flange 21 n 1108, I AS regWred I 161 132) 1181 Toe naN w/16D nall. III I \ I I _ of33) DW.ane depth W! (8) of recess to 13is(37) suit bolt POST OR SPLICE BOLT&NUT � I I 2.l 02 8 213 . 6 !uJ �C�n STEEL PLATE BEAM ®IlNnols Department of Transportation J.17.7 Note: BLOCKOUiOP�ION AN holes l (20)olio. OODBUMMAND GUARDRAIL STEEL POST sheet 2 ni 4) ENWMEfa O!�iL-TraDCFpx�FS YMOvtD 201E b STANDARD 630001.12 Z.,Ix A1;1��.A I�bt or r 40 !y 1131 Stell plate )Js(5)Stell plate Neutral axis (1016. 15 Symm,about Q 2 4 4 4 2 Rab element (38111 115.(33)Dia.hose 1511 (102) (1021 11021 (511 1x7 5 170) i IM24x 178) 1771 I .. – 1511 1`1`'5 I post Doo with washer on front T face.(8 required) 31.V 119)dla.16x191 1 (201 da.hale _ 1(M24)double �yalvanl2ed able 12 Lap 18 (351 161 I 16 i 3/ nuts or lockouts 1408) Standard Swage and li(3)washer Fltdng an Stud 2 4y 4/ 2 lGx2K(19x64) (stud threaded ISII 11081 1108) IS 11 NOTE CABLEASSEMBLY entre length) / Slotted hole Anchor plate T shall be used to attach cable assembly to guardrail when required (42,8001bs.(190 kN)min.breaking strength) / on traffic barrier terminals. Tighten to taut tension. r•1< I Q ANCHOR PLATE TDOW Ltt I Class A rail element V %)x ll{123 x 761 Slotted holes for%(M16)spike bolts RAIL ELEMENT SPLICE VISA; I%zx 3(23 x 76)Slots for (700x) splice bolts with std.98N. 7; 221 washer placed under kkknut (184) (578) 8 4 ✓4Y 4 6 2 3 4 41 4 / 2 11021 (108) (106) (152) 1511 (761 (1081 (108) 11081 (1081 1511 Cp CD a m m tio Class A o rail element 6 (1591 1;x3$119.89)Slotted hnln I(25)Dia•holes 1(25)DI..holes 36 � 30 (914) 11671 _ _ 1%.1!(123 x 291 0 Y..7V 119 v 641 I Slotted Holes Slotted hok loptlenal) Q 1 NOTE -- –— wheh end Shoe Is attached to a bridge parapet which has an expansion I joint,the bolts shall be provided with a locknut or double nut and shall be tightened only to a point that will allow guardrail movement. ALTERNATE END SHOE END SECTION The standard end shoe shall be attached to the concrete with predrilled or sell-dr181nq anchor bolts.The anchor cone shall be set flush with the surface or the concrete. ®BRhols Department of Transportation Externally threaded studs protruding from the surface of the concrete STEEL PLATE BEAM will not be permitted, n ta,k GUARDRAIL F END SHOE z STANDARD 630001.12 D D _� I �e iv Finished ground JIII- line e E E I II a 4 a I II 0 5 D < 6(150 m) 4'-0"(1.2 m) 5 D 5 12'-0"(3.7 m) GUARDRAIL PLACED BEHIND CURB Note:'D'shall not exceed 6(152)for design speeds greater than 45 mph. ' Leave-out from paving or 2(50) overlapping core holes with sides smoothed (200)min-for steel post I 1 0(250)min.for wood post 8(200)min.for steel post -10(250)min.for wood post PLAN -1 18(460)min.for steel post PLM ��� 20(510)min,for wood post ELM V W Steel or wood post Steel Post Wood Post (steel shown) 0-6 24 21 23 HMA or Controlled (0-152) (610) (530) (580) Low-strength >6-18 IB 1414 16Yx Finished r Aggregate Material(CLSM) backfill ICA 11) HMA or PCC (>152-31 (458) 13681 1419) ground line > 18-45 12 8 10 pavement 2(50) F greater than 8 1200)apply 1>458-787) 1305) (2031 1250) FOOTING FO0.POST WHEN IMPERVIOUS Fm—ax. MATERIAL IS ENCOUNTERED,but do >31-40iy 12-0 8 ]0 Ledge E •f•; not shorten Dost. >787-1.02 ml 1305•0) 12031 1250) 8 N ry Note: Ledge line is ^e L a top of rock ledge + Aggregate or hard slag fill. 3 n Steel or wood post backfill(CA 111 (steel shown) Drilled hole ELEVATION ELEVATION STEEL PLATE BEAM ®Illinois Department of Transportation RRRD�ED 2D 18 FOOTING FOR POST WHEN IMPERVIOUS LEAVE-OUT FOR POST WHEN PAVED GUARDRAIL ENGI„EER Drm„ „ DDREs MATERIAL IS ENCOUNTERED MATERIAL IS ENCOUNTERED "ePL a°'41 AMMED 1w 1 R = STANDARD 630001-12 ENGINEER E DELGN RND ENNRONNE.Mt MA 8rnAM7 — f ..- '1f1 P — '�� MTAUU1MtIKT11L OL MVE� i — f . ...u.Lm *.M as. /flo ss. C G — - u c! ct 0 IE , A,oa7eaow �r +- aeras. i - 0= CROSS SECTION D-D,,, 7" CROSS SECTION C-C rao _ 720 720 7211 I • >a s I 710 710 110 / 710 m <j ' = y: -' 700 700 700 700 sc_A EE ,` 890 •,�' 690 SCALE,-;E--. 1 MO NCRWAL SCALE:I'-10' Xi 680 .u. 680 880 a �- - - - - 6w .. a 870 � 870 ,,,870. _ _ _ 870 i 660 800 ;3880 .i• .x .[ .9 .c .i 880 650 ? 650 9f <3 59 9 �! 9$ i 9j9 a80 j Y 0 f0 X20 JO b D 10 20 J0 40 50 80 70 a0 90 100 108 1 71„ CROSS SECTION A-A 7]D f720 ' 1 �a L 710 710 U(,)I�� 700 700 _ fy / 6 680 0� �3 60 670 //l 0 10 20 30 40 'S� 60 70 60 90 100 110 120 130 140 150 160 170 180 190 200 73 I CROSS SECTION 8-13 7J0 e "..71M SCAM 1•-4n 720 720 710 �_ -..... __....__... 710 8 „ a 700 - 700 m b NowaJ1. 690 890 680 680 .� m 870 870 g 880 No R 3. i i WD 0 10 20 30 b SO 60 70 BD 90 100 110 120 130 140 1S0 160 170 180 190 200 39� � JStlL. 1� r IRI 7 � ' '+, ' R\: •k .p t 1 Y?� . 0.,01 -. M6. mom 1 mom TEN114. 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DiGAVCI ANfDiGA _ MATERIAL SCHEDULE __L iAp DExA"M PMACTvWR i COIAA oErAa.s 4 EAST ELEVATION Bl .O -- -- — Lim wilmmmimmml� NW SOUTH ELEVATION --v 1 or W gy W_ 1-Zoe cw. oc -- -- Z aA _:. ...._—. N L7 -, - . moo- I. o d o wN m wutl 2WESP ELEVATION -0 Monk F -- ,. /.. 3 NORTH ELEVATION - t ---- _ MATEMAIL SCHM& TKi OEewwnow E ACTIIPER GOIOR OETA" • • • • • • • 'Mw.C. MRN•w.•l - �W1hT2E:1•ilMnM Ofxr4ut " , 1,I, 111t A T 111, .,... i 'P$7-�ibEF Sind _..-9i»M __. `•ii8--.w�ii .. ___- . •04—TYY1idCiT_-- I W W�PPIF.. ltlp c•TY9�[Rim�OE ' 4 E>n�.ASIELEVATION 1J 0 NZ O<j on rl n- ' 1TH ELEVATION H W SOUTH F w_ w TENANT ?Z 'Y iw" W 0coJ V'41A F'- NO -u Z d-O WF6.. uF 3 m W a -- -- 5 3: or, H H 4-H -- ..... ,w .,._.. 2�EIES7 ELEVATION ti rF.•P v n — 7 3N ORTH ELEVATION - - — Tl n— I 1111th t. IMh 1\I'I . I MATERIAL SCHEDULE "ua�-- oescrovtiav .ivMK�ctuR�rt ccxc�i ,r Y.ns IH H P-111 w_ria wc,_ -yrs as�om 4EASTELEYATLON__ LlU J J h *ww h 4'C � NZ og _a I �p • a. ..w p Wy {Iw0 z FFTTl IL w Oo- �g IfNp. W5 0 d�"O Nts WU;. 1 SOUTH ELEVATION � t9�o,o°da Y wR o1 Yl.'p]O ray._p � YT. .. s ,,., >' x. :. • _ _ WEST ELEVATION__- - MATERIAL SCHEDULE TSO... OUCIPWI1O/ MNNiAWlMR —m OElys - ,v1v•1 ph ifiiaici�SlNY moi- 1 —o4nip�w7y •. -.__— ,1fYWtill, ' c6LLw,[•fde w+u•ow srt,q*oxi,x•�rNi , 9VG 1pKxi[ CQiCINI'd416P-- -l� 67A5m_.__GWQIIiMq Vtlt W/RtAadO' M T'RtlLl01if9'�9I(i—.. Glf9L'RdRCiY60f" E1 'OI J 2 .i- Z OJ # � ' 7�6 of N 0 W ui W �.Z p W: 1 NORTH ELEVATION o D. ; Wutl 6, w wr��i.�yww w! wrt mlrxw 1" t' :ti4� ixo:i 2 EAST ELEVATION — 11\1:1, T. f(Ud.l\ MATERUILSCHEDULE � o SGiil01 r M�NIi�C71/IER OOLp1 OEfYl3 1 -- .__—_ . - tti�i' 'wa�wrfwme.�wn ro- RAR�dRI�iF_ 4vr eray.we.c I E1 . 1 II' U J NW 2 05 ,W 1 NORTH ELEVATION W ~oa 410 z ¢z Y _W 4F 4 Iz A O W9l z it 0 3 m Ulu; J j •- w 2 EAST ELEVATION r x - 7!,a a .,: 4,.•�, ,y Y""' �� ..+w. n m r amo *e r SOUTH ELEVATION MATERIAL SCHEDULE \I tl A i. pir,tCrl OESCRiPiIOM -4 CTU R COIt]N OE 4il5 u:,i rr i • •. a.� ra ce.m iivia__ _ _. — a 4Y\LES.T ELEVATION F1 .0 J „ „. E fz -- 05 qa a 1 NORTH ELEVATION M w �-z,., W oII. „ rnw8 • � f' w 0 W(Yi'z' W d N= 0,4 Y owl L i5 21A ELEVATION • 44[a,E mnwm W = SOUTH ELEVATION__ --- —� - 6--711---SCFIEDULE %1%]Zk T rw oEscawrYav _.1---WMfACT—Loa _-WLaN .&TALs 1 ..rnu,a+,.rui. � 'ngteo�rtwlut _--iJ{I 4 WEST ELEVATION G1 .0 I �.��..� Multi-Tenant Monument Sign#^ —--------- 1W nW he At Oak tbs- �������: +iT�Overlook 1f7t27�V1i 22nd Sheet s I ' - Oak •INl' 46 r lip z L, COMPLETE Overall Site Plan- G� CHICAGOk IL 80810 job#19-7660 OLYMP/K e S T e em IA e l TM Ovn ooh At S B ooh Era m by AL BANTA MARIA 1T2]W22IL 5181 '06-01-19 08F Brook.IL fi0191 PAMELA F lBV.k 07-10-20 COMPLETE PROJECT PLAN r.. ,ro>cro..mo,..r.o.......:w...:...n,.+...w....,..e»r.T.,.m.,..a•a...+r. .r,.,,w..rr..,,m.rr+�e.awr,ro.,r page 1 of 3 Wild STREET Pro osed MultiF- enant - - -------- --- Monument-Sign-#1 —` `, 1 23 LAZY DOO �pAIERA ¢ tar n LRESTATANTlRETAti. ——— YYLOSHIRV OLIVE OAIDBIwo ww rr n. 1.910SF )00 S.F. CAFE 7.79 S.F. _ lino tau yr n. t 8.000 SF. IL Y > .— r _ � Y O 71 --- - GUIDEPOST s^ -- ---- 77 — -� MONTESSORI s T— - 10.782 B.F. O.n.noaa rr. — , . i � NORTH INTERSTATEds Site Plan - � SITE PLAN Updated INK61114IN11141011 07.10.20 CHICAGO,IL 6051 jotbA:19-7860 OLYM�/K account representative client The Overlook At Oak Brook drawn 6y .08-01-19 AL SANTA MARIA 1727 W 22nd Street Oak Brook,IL 60181 PAMELA F •rev.# 07-10-20 ell SITE PLAN /MKdwNOAEFMM[CMF/A'RWDOKIMAMG.GMM'11lOAYa71MMYClgYMfJMw A1gA'LTNFw.IILIMIY,NCPoIIIpv/NSGAV/ARrM'Mr4.QJ7MYtll7A farwnnarsvma.m+.•.verannwar•awaaewr�nnwnnaw.nirnorrms.rsrcaavoraiaineasasaw4w w1s&wr»r rwrraras•+r.awar pegt32Of3 10'-0.. 2'2" 4'-91/."v.o. 1�/' 4'-9Y."v.o. 128"w x 33"d x 8"h I I 00 —Aluminum framed Cornice Now --While polycarb face with _o 3M#7725-89 Sandstone Opaque vinyl applied first surface with copy N IV weeded out to show White. 3M#3630.144 Poppy Orange Translucent vinyl borders applied first surface PMS 873C vinyl-Sq Ft 28.33 1 co� BURGERS s s 2"Retainers and Returns - PMS Warm Grey 5C panted to match PMS Warm Grey 5C 3M Sandstone 0 #7725-89 Opaque -- --White polycarb sign face a with digital produced vinyl v Z iv print applied first surface. � � PMS 144C 0 2"Rotaner,removable, tO �� • e e 9 : : s Sq Ft: 7.95 Each x 12■95.4 3M Poppy Orange #3630-144 Translucent O � guidepost °0 whrOVRRY montessori 11'/,"H-Bars separators 0 VETERINARY CALL FOR for tenant panels �o EMERGENCY LERSING t GROUP 773-382-0445 '/."Aluminum FCO Address Numbers, Pin mounted.Painted "s aeMe^.i" NOW White �asr r-, . 1,,. .r. wry � «erns � � w"r�a,• ,...m.K•�--- Faux Brick Base NOW sr"ei, - 240 Square Feet of we.'p' iv> Year round Landscaping (By Others) R-- NOTE: Artwork shown was Front View Sime.View created by Olympik Signs. D/F Illuminated Multi-Tenant Monument Signs#1 Must be approved by customer prior to fabrication or official Scale 3/8'=r-o° artwork provided. Qty: (1)Required / Square Footage: 123.73 s • Sign to illuminated using White LED Modules- Sign to have masonry to match new development. Electrical service to be brought top sign sites(By Others). Drawing for concept purposes only. CHICAGO.IL 60614 •job#:19-7860 OLYMP/K account representative diens The Overlook n Oak Brook drawn by .08-01-19 AL SANTA MARIA 1727 W 22nd Street Oak Brook,IL 60181 PAMELA F ,rBV.# 07-10-20 . , • SIGN LAYOUT nvtr<vgvnee:.w. rr.vrrerirmroaerwrxr..are.amnracnwrenarwnry.rnix'x�rur.urnwrwain rear ror IWAr nrtaernaxo Sferr^lmv rr.errn R-sr.�row rra on eorromuer,n+.v:.rnararnawrmrrnirrrfr'rar.xcavornr..src.oriArpage 3 of 3 wINT scrlEouLeI Er Village of Oakbrook Required Landscaping 'fO010i•'wF Tp1"ny""'L""" rO01'M0M""'� 'ta -6—Am. STREET TREE vEOUIFt WNT aRN011 Ila- Baa_rsnw•o.wus.�,M IU0.nVow.l.PiW„ ._.�...�„ _. 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0 Entitlements-Zonmg I Planning 133 days Mon 213120 Fri 6128120 �^ 6 I Zmmrq/Pt—nq Appir-I, I'+,3 days Mon 217/20 Fn 828/10 ^- - 7 Design I Plannig&loo—ming 218 days Mon 213120 Wed 12130120 8 Design I Planning 218 days Mon 213120 Wed 12130120 9 &de Wo1e a 8undmg Snell Plain is days Mon 8124120 Men 12.,7120 t0 Arch.Stmc 6 MEP Delivery Prog.—I eels Boggs B&C 15 tlays Mom 9114/20 Fu 101220 1 11 Civil Engmeenng Delivery Progress Set(Ready for FCSD 8 IDOT Review) 10 days Mon a/3120 Fn 9/l2D 12 Landscape Design Delivery Progress Set 15 days Mon 62420 Fn 9/1120 13Civil Engmeenng 8 land All"Prep&Issue Perrino/Old Set 10 days Mon 92820 Fn 11— j 14 Arch,Soul,A MEP Issue Perms!Bld Set,Bldgs B&C 20 days Mon 1011920 Fro 11/1310 15 Civil Engineering&Land Arch Prep&Issue Construclmn Documents 5 days Mon 1026120 Fn 10/30120 16 ' Arth.Snuc&MEP Prep&Issue Cons,Documents BMgs B&1. 5 days Tue 12/120 Mon 121720. 17 9ognago,Plans-Monuments 60 days Mona/71120 FN 1112gM10 10 Slgarge Plans r GWP&Ten lni Appovals Mmumenl Entte Parcel Fp days Mcd 813120 Fn 1120120 1 19 Permitting-Municipal.Public Agencies 6 utilities 218 days Mon 2/3120 Wad 1213020 20-� Municipal Engineer F CSD Review 1 Approval 10 days Mon 9/14/20 Fn 925120 21 FCSD Permit 20 days Mon 9/282D Fr1 1023rA 22 IDOT ROW Cmsliclmn Perms 75t days Mon 911420 Weal 1213020 23 0wn01didd Permit Emstirg Barg 20 Gays M-8/3120 Fn 925!10 21 1 Site Development Permits 15 days Mon 102620 Fn 111320 25 Busing Perin-shen Bldas B&C 70 days Mon t t1620 Wed Qt3o20: 26 Permits Sgnage 20 drys Mon I l2320 Man 1221201 I 27 IJlndies Design R Engmeenng(by SeIyICY pmvMell 75 d.'IYs Mon 2132(1 Mnn 511820'...__ - __._..-..... _____+.....___- 28 GWP-Plan R—one, 55 days Mon 9174120 Mon 11!301201 I 29 GWP Review&Comment Civlt I Land Arch Progress Sets 10 days Mon 9114/20 Fn 92520 11 70 GWP Review 6 C0mmenl-Aron,Suuc 6 MEP Progress Sets 10 clays Mai 1015120 Fd 10116/10 J7 GWP RevK v 6 Comment Civil 1 Land Arch Permit 1 Bid Set 10 days Mon 10112110 Fn lOr2310 32-- GWP Review&COrnienl.Artii,Strut 6 MEP Permit I Old Set ID days Mon 1 tltwm Mon/1T30r20, ,j I 37 Construct"Phase 293 days Tua 911820 T1N 0121 I i Page I 1727 W 22nd St 06 Il-Preliminary Progess Schedule 7-28-20 OWP-Preliminary Development Schedule ID ITesk Name Duration Stan Flash Aupu}12020 Selitemher 2070 OCIOW 2070 November 1020 Decenaler 7020 Janllar7 20�i Fepeely 2021 Martel 2021 April 1021 May 2021 019/69113912 nits amulith i 171 J2912st2rw21.i727M221 Lit1L16i/1T12411-3fi?n1/f4Qnfb/7A v7-x/1431213128 4/4 41114/184125 5;2 553/.1 ' 34 He.cantrudaen too oars Tw inf-10 ww an421 I 35 Slubcard—lar P—.—t I Site C—hruclkn 20 days Mon 10/7280 Fn 111620 I 36 Subcontractor Procurement-Bu4dmg Stlelysl0 6 C 25 days Man 11116/20 Man 1281(20) 37 Notice to Proceed-Site Construction 0 days Fri I1/1380 To 11/19/20 38 MobilVdlkfn S days Mon 11/16/20 Fn 118080 39 Utley Cpadndtnn i Installation I LNe 200 days Tue 5/1980 Wed 38481 M Sb Work 169 days Mon 9t2li Fn 6-1081 41 Df..lition Enstulg Bumng 41 daVS Mon 986/0 Fn 111680 42 Site Work Mass Gracing A Clearing n days Man 118380 Mon 12/7110 u Site Work Stem Det-han Syslem 15 days Tue 12IMM Wed 121d020 44 Site Wats-Slam/Sandary,I Water 15 days Thu t2/3120 Fn Ir2WI 46 Site WM-Electrical 6 Gas Conduits)Sleeving/Pads 10 days Mon 18581 Fo 27521 I P4e46 site ork e W -Bldgs Pads All 1.015 10 nays Tue 17/6-20 Mon i2R 1-101, 47 Site wort.Building Uh1M Connections 5 days Tue 571121 Mon 5/1721 SITE WINTER SHUT DOWN 69 days Tue121=0 Fn4rMl 49 She Work-IDOT ROW ImpmvemMtS 25 days Mon V51 Fn 5821 60-- Slee Won,-Gnaany for Paalig Area Curbs 6 ASPIIA In clays Mon 4/581 Fn 411681 61 Elle Wok-Concrete Curbs/Pads Paairg Areas 10 days Mon 4/1981 Fri 4/3021 52 Site Work Sidewalks Private/Pubhc 10 clays Mon 5/381 Fn 5/14/21 53 Site Wank-Asphalt Stale A Ender Cease 5 days Mon 5-3721 Fn 5881 54 Site Waft Asphah Surface A Shppnp A Signage 3 days Mon 5/1021 Wed 5112121 66 Slte Wak-Fne Gracing/Landscall" 15 days Mon 5112011 Fn 5261 --66 Site.Work Final COmpietnn I Final lnspe"s I Pbnen LMI 5 days Thu 5/1321 Wed 511981 S7 Shen Barlmngs 110 days Thu/213180 Tw 4D21 56 ShellBuilding-Foundations 15 days Thu 11713120 Fo IfMi 59 Shell Bu ichng Structure A Envelope 90 days Fn I175t21 Man 3/2981 ! 60 Shell Builoing Under Fkwr Plumbing A Flec I-I 10 days Tue 3/3081 Man 4/1221 61 Shell Bunting-Roofing I Glazing 10 days Tue 4-081 Mon 5/381 62 Sheet Bunning-Slab an Grade 5 days Tue 411321 Mon 4/1921 63 Sh"Building-Mechanical I Electrical 25 days Tue 4/1021 Man 5841 64 Shell Buiklng Ready for Interior Imanvernems 0 days Mon 52421 Man 5121 65 Shell Builorg SubslanhaM Complele 0 days Mon 52421 Mon 52421 66 Shell Building Final Completion I Final Inspections i Punch ten 10 days Tue 52521 Tue 6!821 Page 7 Lummee SclwdM. Pda sd,end. + mi a, IAbN Artwgwnwn LW L,gym Wage Van N.- I1S)SSS41127 CW-SS.IDC. 17T%P X I I"STEEL SHARE POLEI OSQ2ME 8 SNGLE t 000 2042; 215 OSPMNA42ME UdM- w C66DA OSO BLSLf 110)SSS4 11 @TCW-BS _127%4'x";STEEL SOUARE POLE) Plgl PO m 110 MPH e0f-d wltl\ e 0SO.2MF SNOLE 1OOR nW. 215 050 A.NM.2MFDA_ 1 050,WE-B SNGLE IMe 20096 215 OS4A-NM-SATE-UJ - wVSO DA MOOBLUF MDDOVnern _ f:rn OSD DA_ Id«r AIm Mown+ + OSO-SME SNOLF. .000 266115 21 5 OSD A SIM WE U 40N __wT>,SO DA In OSO Bl,LF 1awkVH St Md1 5 050--E.B s1NGLE 1000 XW7 _215 080,A-NM -U- - w:OSO-DA O50-BLSLF -••CUSTOMER TOVFRSYORDERNGINFORMATKWAND t OSOUAF SNGLE t 000 MW 215 OSO A NM WE U4 _w'OSO-DA CATALOGUE NUA6IFR MM TO PLACiW.ORDER -, 10 OSOSME 2 180 t pJO 24066 215 DSO-A.MA-SME-D40K- wU5 DA De1CVIMlor1 SuentMy IFoo11:An�eaIRMM YYY�W W II.Iwn vM1N Q2b•CI m Umb Ara Alan MM AVW AM.Mr F, 242 5a 10 242 5.90 o,aAne ..a..,,.cY,...a. ..,.,.Y,1\•weFuc --.1 ,.,.,.,1,111,.., ,.�.,.,.,.,.,., ,. . .1111_ .. �.li:brN, ,'w,, ., • l' `a�eo„1r.;Fk, '��,� .. ��:� i 'w�l ;r; :;:'s';�.; .,.,,.,,,. '.i,+>:::':':..':a; :;T•.'La;:;1111 .. .,. ;'y: €: .;., . .:`w": s; .,.� ,:� ;,. ,yw:\,:y :.••.•,iii:, .ttg�±c;:... " `•` � tbY.b,.,.r T.NbI.NT•bN,• NT,Y.,•,•NN ,... •,jlPjoFyxM ,�_� l i 1111. ` b,.N,• . .. � 1111.____ Y•LT t.Y.,,T•T. aR.E., crows CREE= LIGHTING � .. Project Name: New Development - 1717 W 22nd St, Oak Brook, IL 60523 Ch.s Schh cScale =50' 1���` Layo litz Is.. M �--1111 1111_; IDCdI.INCNJSIRI rS INC �-^+�=�= SR-40273 II Footcandles calculated at rade II Filename:200113DM1 CIS.AGI D 100 200 :,1..111...... +�a...L.....t.., .„,,,.m1;=:=....w.— 9 Date:1/13!2020 Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06-27-200-010 Page 10 of 15 EXHIBIT E TRANSFEREE ASSUMPTION AGREEMENT THIS AGREEMENT,made as of this_day of ,20_,by,between and among GW Oak Brook Owner, an Illinois Limited Liability Company ("Owner"); , a ("Transferee"); and the Village of Oak Brook, an Illinois municipal corporation ("Village"), WITNESSETH: 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 2020-ZO-PUD-EX-S-1607,approved by the Village on or about September 8,2020,and recorded in the Office of the DuPage County Recorder on ,2020 as Document No.R by and between the Village and Owner,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. Ordinance 2020-ZO-PUD-EXS-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Fortner Macy's) PIN:06-27-200-010 Page 11 of 15 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day and year first written above. ATTEST: GW Oak Brook Owner,LLC 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: Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22"d Street(Former Macy's) PIN:06-27-200010 Page 12 of 15 ACKNOWLEDGEMENT STATE OF ILLINOIS ) ) SS. COUNTY OF DuPAGE ) This instrument was acknowledged before me on 20 , 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 GW Oak Brook Owner,LLC,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: Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22"'Street(Fortner Macy's) PIN:06-27-200-010 Page 13 of 15 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: EXHIBIT 1 Legal Description LOT 2 IN EASTMAN KODAK SUBDIVISION,BEING A SUBDIVISION IN PART OF SECTION 27, TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22,1995 AS DOCUMENT R95-076627,IN DUPAGE COUNTY,ILLINOIS. Common Address: 1717 22nd Street,Oak Brook,Illinois 60523 PIN: 06-27-200-010 Ordinance 2020-ZO-PUD-EX-S-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 22n0 Street(Former Macy's) PIN:06-27-200-010 Page 14 of 15 EXHIBIT F UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook,Illinois("Village"): WHEREAS,an application has been filed by GW Oak Brook Owner,LLC("Owner J,the owner of the property located at 1717 22nd Street,Oak Brook,Illinois(collectively,the'Property'l,which Property is legally described in Exhibit 1 attached hereto and incorporated herein,seeking approval of a Planned Development to demolish the existing Macy's furniture store to construct a commercial mixed-use development project that will consist of retail and restaurant uses("Planned Development");and WHEREAS, Ordinance No.2020-ZO-PUD-EX-S-1607 adopted by the President and Board of Trustees of the Village of Oak Brook on September 8, 2020, ("Ordinance") grants approval of the Planned Development,subject to certain conditions,restrictions,and provisions;and WHEREAS,Section 10 of the Ordinance provides,among other things,that the Ordinance will be of no force or effect unless and until Owner 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,Owner does hereby agree and covenant as follows: 1. Owner hereby unconditionally agrees to accept,consent to,and abide by all of the terms, conditions,restrictions,and provisions of the Ordinance. 2. Owner acknowledges and agrees that:(i)public notices and hearings have been properly given and held with respect to the adoption of the Ordinance;(ii)Owner has considered the possibility that the Planned Development granted by the Ordinance may be revoked if Owner does not comply with the Ordinance; and (iii) Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. Owner acknowledges and agrees that the Village is not and will not be,in any way,liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of the Property,and that the Village's issuance of any such permits does not,and will not,in any way,be deemed to insure Owner against damage or injury of any kind and at any time. 4. Owner agrees to and does hereby hold harmless and indemnify the Village,the Village's Corporate Authorities, and all Village elected and appointed officials, officers, employees, agents, representatives,and attorneys,from any and all claims that may,at any time,be asserted against any such parties in connection with the construction, operation, and use of the Property or the Village's adoption of the Ordinance. 5. Owner 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. 6. This Unconditional Agreement and Consent may not be amended,modified,released or annulled except upon the express,prior written approval of the Village of Oak Brook. 7. This Unconditional Agreement and Consent may be executed in counterparts,each of which shall constitute an original document,which together shall constitute one and the same instrument. Ordinance 2020-ZO-PUD-EXS-1607 Planned Development for Mixed-Use Retail and Restaurants 1717 221 Street(Former Macy's) PIN:06-27-200-010 Page 15 of 15 IN WITNESS WHEREOF, M&X)CCIIv executed this Unconditional Agreement and Consent on behalf of GW Oak Brook Owner,LLC,on this 9 day ofM�`l eZ ,2020. ATTEST: GW OAK BROOK OWNER,LLC By:MCI Its: NY111GlifM Its:Nlf.In/Wei- SUBSCRIBED aSWORN to Before me this d day of IAC-�Y1I3Yr' ,2020 =NATAL]EA0.T0ale&Illinois Jul Z1,2024 Notary Public EXHIBIT 1 Legal Description LOT 2 IN EASTMAN KODAK SUBDIVISION,BEING A SUBDIVISION IN PART OF SECTION 27, TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22,1995 AS DOCUMENT R95-076627,IN DUPAGE COUNTY,ILLINOIS. Common Address: 1717 22nd Street,Oak Brook,Illinois 60523 PIN: 06-27-200-010