S-1672 - GW - Stand Alone ATMKATHI-E EN V. CARR I EI'=
REF*uEDEI;'
DUPi�iz*E COUNT' ,', IL
10105/2'023 11:4` HPI
DOC NO. R204233-06441 I
DOCUMENT SUBMITTED WITH
LOW QUALM / ILLEGIBLE PORTIONS
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2023-ZO-PUD-EX-S-1672 AN ORDINANCE APPROVING AN
AMENDMENT TO ORDINANCE S-1607 AS IT RELATES TO A REVISED SITE PLAN WITH A STAND-
ALONE ATM FOR THE PLANNED DEVELOPMENT LOCATED AT 1717 22ND STREET
Property Address/es 1717 22nd Street, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-27-200-016
Name and Address of Applicant: GW Oak Brook Owner, LLC
2211 N. Elston Suite 304
Chicago, IL 60614
Name and Address of Responsible for Billing: GW Oak Brook Owner LLC
Party to Receive Copy of
Recorded Document and send copy GW Oak Brook Owner, LLC
Attn: Mitch Goltz
2211 N. Elston, Suite 304
Chicago, IL 60614
G/L Account to be charged: 10-1365
Prepared By and Return to:Village of Oak Brook
200 Oak Brook Road
ak Brook, Illinois 60523-2255
Q1( 5
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2023-ZO-PUD-EX-S-1672
AN ORDINANCE
APPROVING AN AMENDMENT TO ORDINANCE NO. S-1607
AS IT RELATES TO A REVISED SITE PLAN WITH A STAND-
ALONE ATM FOR THE PLANNED DEVELOPMENT LOCATED
AT 1717 22ND STREET
LAURENCE HERMAN, Village President
NETASHA SCARPINITI, Village Clerk
NAVEEN JAIN
MICHAEL MANZO
MELISSA MARTIN
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
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 11th day of July, 2023
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(P I N s: 06-27-200-016)
Page 2 of 12
ORDINANCE NO. 2023-ZO-PUD-EX -S-1672
AN ORDINANCE
APPROVING AN AMENDMENT TO ORDINANCE NO. S-1607
AS IT RELATES TO A REVISED SITE PLAN WITH A STAND-ALONE ATM FOR THE
PLANNED DEVELOPMENT LOCATED AT 1717 22ND STREET
(PINS: 06-27-200-016)
WHEREAS, the Village of Oak Brook (hereinafter the "Village") is a municipal corporation
with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain
powers and perform certain functions pertaining to its local government and affairs;
WHEREAS, the Village has in full force and effect a codified set of those ordinances of
the Village which are of a general and permanent nature, which said codified set is known and
designated as the Village Code of the Village of Oak Brook, as amended (the "Village Code");
WHEREAS, the Village is authorized by the Illinois Municipal Code, 65 ILCS 5/11-13-5, to
vary its zoning regulations where there are practical difficulties or particular hardship in observing
those regulations for the use, construction, or alteration of buildings or structures or the use of
land;
WHEREAS, Mitch Goltz, as representative for GW Properties, (the "Applicant") is the
Owner of certain real property located at 1717 22nd Street, Oak Brook, Illinois, within the Village's
B-3 General Business Zoning District, which property is legally described in Exhibit A ("Property");
WHEREAS, on September 8, 2020, the Village approved Ordinance No. S-1607 which
approved the Overlook of Oak Brook Planned Development (the "Planned Development") with
certain exceptions and conditions for the seven lots located on the 8.4 acre Property,
WHEREAS, on December 7, 2021, the Village approved a minor amendment, with
conditions, to the Planned Development which included a revised parking lot design to remove
the "finger parking" running the length of the Property to Route 83;
WHEREAS, on May 17, 2022, the Village approved a minor amendment for changes to
original architectural renderings to replace the designs specifically associated with the initially
proposed tenet in Building E;
WHEREAS, Applicant submitted an application for approval of a major amendment to the
existing Planned Development pursuant to Section 13-15-8 of the Village Code, for approval of a
revised site plan to allow the construction of a stand-alone ATM located on Lot 5 of the Property,
as detailed in the application attached hereto and incorporated herein as Exhibit B (the
"Application");
WHEREAS, On January 24, 2023, the President and Board of Trustees (collectively the
"Corporate Authorities") conducted a preliminary review of the request, at which time the
Corporate Authorities 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;
2
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(P I Ns: 06-27-200-016)
Page 3of12
WHEREAS, On January 26, 2023, the PDC conducted a duly noticed public hearing for
the purpose of hearing and considering testimony on the Applicant's request for approval of the
proposed amendment which resulted in continuance to a second public hearing held on April 27,
2023 whereby an affirmative 3-2 vote and Recommendation (attached hereto and incorporated
herein as Exhibit C) for the Application, with certain conditions, was made to the Village Board;
WHEREAS, the Corporate Authorities desire to amend said Ordinance No. S-1672 to
approve the revised site plan which includes a stand-alone ATM on Lot 5 of the Property as
requested by the Applicant; and
WHEREAS, the Corporate Authorities have further determined that it is in the best
interests of the Village and its residents to amend the aforementioned ordinance, subject to the
terms and conditions of this Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:
Section One — Recitals. The Corporate Authorities hereby find that all of the recitals
hereinbefore stated as contained in the preamble to this Ordinance are full, true and correct and
do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings.
Section Two — Amendment to Ordinance No. S-1607. The Village hereby amends
Ordinance No. S-1607, which granted the approval of the Planned Development located at 1717
22nd Street, Oak Brook, IL, as it relates to the revised site plan which includes a stand-alone ATM
on Lot 5 of the Subject Property.
Section Three — Conditions of Amendment. The amendments made in Section Two 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 herein, 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. The Development and Property will be developed, maintained, and operated in
substantial compliance with the documents and plans attached as Group Exhibit B,
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.
B. A Building Permit will be submitted and approved prior to the operation of the ATM.
C. An updated photometric plan is required to show the compliance of the site with the
Village Code.
D. US Bank will coordinate the ATM's cameras, project LPRs, and other security
measures with the Police Department. Applicant agrees to maintain the LPR cameras
on the Property.
3
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(PI Ns: 06-27-200-016)
Page 4 of 12
E. Final landscaping is required for the development site. The landscaping will be
installed to the approved plan.
F. The ATM's proposed sign will only illuminate the text of the sign, all other areas of the
sign will be opaque.
G. The previously striped area for the originally installed ATM will be returned to parking
spaces.
H. The Applicant will install Bollards for the protection of the ATM and adjacent outdoor
dining areas.
I. Other than the relief granted herein, all other restrictions, requirements, and
provisions of Ordinance No. S-1607 shall remain in full force and effect.
J. Except as otherwise provided by this Ordinance, all applicable ordinances and
regulations of the Village shall apply to the Property. Further, the development and
use of the Property shall be in compliance with all laws and regulations of all other
federal, state, and local governments and agencies having jurisdiction over the
Property.
K. Fees and Costs.
1. Applicant shall reimburse the Village for all of the Village's reasonable costs
(including without limitation engineering, planning, and legal expenses)
incurred in connection with the implementation or enforcement of this
Ordinance by the Village following the approval hereof.
2. Any amount owed by Applicant under this Section that is not paid within 60
days after delivery of a demand in writing for such payment along with a
reasonably detailed invoice for such costs, shall, along with interest and the
costs of collection, become a lien upon the Property (or that portion of the
Property to which the unpaid amount relates), and the Village shall have the
right to foreclose such lien in the name of the Village as in the case of
foreclosure of liens against real estate
Section Four -- 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.
Section Five — 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.
rd
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(P I Ns: 06-27-200-016)
Page 5 of 12
Section Six -- 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 completion 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 Seven — 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 Eight -- Conflict Clause. All ordinances, parts of ordinances or board actions in
conflict herewith are hereby repealed to the extent of such conflict.
Section Nine -- Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
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 D, attached to and, by this
reference, made a part of this Ordinance; and
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 PINs: 06-27-
200-016
B. In the event that the Applicant does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 9.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.
[Remainder of page intentionally left blank; roll call vote to follow]
5
Ayes:
Nays:
APPROVED THIS 11t' Day of July 2023
PASSED THIS 11t" Day of July 2023
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
1725 22nd Street, Oak Brook, IL
(P I Ns: 06-27-200-016)
Page 6 of 12
' lu7turr�t�
LAURENCE E. HERMAN,
Village President
Trustees Manzo, Martin, Nagle, Reddy and President Herman
Trustees Jain, Tiesenga
Absent: None
ATTEST:
NETASHA SCARPINITI,
Village Clerk
R
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
1725 22"1 Street, Oak Brook, IL
(PINs: 06-27-200-016)
Page 7 of 12
EXHIBIT A
LEGAL DESCRIPTION
LOT 5 IN THE OVERLOOK AT OAK BROOK SUBDIVISION, BEING A RESUBDIVISION OF 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 IN
DUPAGE COUNTY, ILLINOIS.
Common Address: 172522 n, Street, Oak Brook, IL 60523
PINs: PINs: 06-27-200-016
7
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(PI Ns: 06-27-200-016)
Page 8 of 12
EXHIBIT B
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.x G W P FZ O P E RT I E S PROPOSED ATM
1725 w_ 2 2 N E) STREET DESIGN STU D 10 24, LLC.
OA K B R O O K I L L I N O I S 2211 N. ELSi� OWN AVS E�CRIC4GO, IWNOIS DESIGNERS144 Fax: 847.885.7751 Teel.. 841.88583�W
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
172522 nd Street, Oak Brook, IL
(PI Ns: 06-27-200-016)
Page 9 of 12
EXHIBIT C
PDC Recommendation
VILLAGE OF
OAK B R92.�K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523
May 4, 2023
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Subject: Case No: 2023-03-ZO-PUD — GW — The Overlook at Oak Brook — 1715-1725 22nd Street
— Major Amendment — Walk -Up ATM
Dear Village President and Board of Trustees:
Background
On January 26, 2023, the Planned Development Commission held the required public hearing,
reviewed and deliberated the application for The Overlook at Oak Brook submitted by GW Oak Brook
Owner, LLC applicant and owner of the subject property is located at 1715 22nd Street, seeking
approval of a major amendment to the approved PUD. The petition was continued to the regular
scheduled April 27, 2023 meeting, at which time the case was concluded.
The applicant submitted an application requesting approval of a major amendment to a Planned
Development to allow the construction of a stand-alone ATM on Lot 1 of the Overlook at Oak Brook
shared parking lot. At the first meeting commissioners had several concerns about the ATM location
and safety. The petitioners were asked to address those concerns.
At the second meeting, the applicant provided new renderings with a flush ATM in a location between
two buildings at 1715-1725 22nd Street.
Proposed Departure
1. Permitted and Special Uses in the B-3 District
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. A number of people spoke in
opposition at our earlier meeting and one person spoke in opposition at this follow up meeting.
Planned Development Recommendation
The Planned Development Commission discussed the ATM, safety concerns, additional cameras,
bollards and that the rendering should be shown to scale. 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 pages C -C.3.
May 4, 2023
Village President and Board of Trustees
RE: GW Oak Brook — 1717 22nd Street
The Overlook at Oak Brook — Major Amendment ATM
Page 2
The Commission reviewed and deliberated on the applicant's request and voted 3 to 2 to recommend
approval with the following conditions:
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.
2. A Building Permit will be submitted and approved prior to the operation of the ATM.
3. An updated photometric plan is required to show the compliance of the site with the Village
Code.
4. US Bank will coordinate the ATM's cameras with the Police Department software including
LPR Cameras for the property.
5. Final landscaping is required for the development site. The landscaping will be installed to the
approved plan.
6. The ATM's proposed sign will only illuminate the text of the sign, all other areas of the
sign will be opaque.
7. The previously striped area for the originally installed ATM will be returned to parking
spaces.
8. Comply with all other Village Ordinance requirements at time of building permit application
except as specifically varied or waived.
9. Install Bollards.
I voted in opposition of the recommendation and submit these comments as my "dissent" to the
Commissioner's recommendation. In my view, the walk-up ATM poses a safety hazard, increased
crime opportunity, and setting a precedence. It should not be installed in The Overlook at Oak Brook.
Very truly yours,
Marcia Tropinsk'
Chairwoman
Planned Development Commission
PDC Rec Chairletter -Overlook at Oak Brook - 1717 22nd St - Major Amend - ATM
ORDINANCE NO. 2023-ZO-PUO-EX-S-1672
Overlook of Oak Brook Planned Development
1725 22nd Street, Oak Brook, IL
(PINs: 06-27-200-016)
Page 10 of 12
EXHIBIT D
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Mitch Goltz, as representative for GW Oak Brook
Owner LLC (the "Petitioner), the owner of the property located at 1717 22nd Street, Oak Brook, IL (the
"Property'l, which Property is legally described in Exhibit 1 attached hereto and incorporated herein,
seeking approval for an amendment to the existing Planned Development, previously approved
September 8, 2020 pursuant to Ordinance No. S-1607, to approve a revised site plan to allow the
construction of a stand-alone ATM located on Lot 1 of the Property ("Amendmenr'); and
WHEREAS, Ordinance No. - l 67 Z adopted by the President and Board of Trustees
of the Village of Oak Brook on / 1 Z , ("Ordinance") grants approval of the Amendment, subject
to certain conditions, restrictions, and provisions; and
WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or
effect unless and until Petitioner 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, Petitioner does hereby agree and covenant as follows:
1. Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance.
2. Petitioner acknowledges and agrees that: (i) public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance; (ii) Petitioner has considered the
possibility that the Amendment granted by the Ordinance may be revoked if Petitioner does not comply with
the Ordinance; and (iii) Petitioner agrees not to challenge any such revocation on the grounds of any
procedural infirmity or a denial of any procedural right.
3. Petitioner acknowledges and agrees that the Village is not and will not be, in any way,
liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits
for the construction or use of the Property, and that the Village's issuance of any such permits does not,
and will not, in any way, be deemed to insure Petitioner against damage or injury of any kind and at any
time.
4. Petitioner agrees to and does hereby hold harmless and indemnify the Village, the Village's
Corporate Authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such
parties in connection with the construction, operation, and use of the Property or the Village's adoption of
the Ordinance.
5. Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village in
defending itself with regard to any and all claims mentioned in this Unconditional Agreement and Consent.
These expenses shall include all out of pocket expenses, such as attorneys' and experts' fees, and shall
also include the reasonable value of any services rendered by any employee of the Village.
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.
10
ORDINANCE NO. 2023-ZO-PUD-EX-S-1672
Overlook of Oak Brook Planned Development
1725 22"d Street, Oak Brook, IL
(PINS: 06-27-200-016)
Page 11 of 12
IN WITNESS WHEREOF, M r C jn bi�i 112, executed this Unconditional Agreement
and Consent on behalf of GW Oak Brook Owner LLC, on this j day ofJAI%Q, 20_23
F.Aiji>[�-If
SUBSCRIBED and SWORN to
Bfore me this day of
A M
20_
�jav Lu
Notary Public
------------
NATALIE ACIERTO
Official Seal
Notary Public - State of Illinois
My Commission Expires Jul 21, 2024
11
GW Oak Brook Owner LLC
1