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Spring Rd 1900 - R-2152 PUD Extension{,w mfr OF _���' ,r 0 i f' .fj0-2.-A.3. -'1 of.`!' x:111 (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: RESOLUTION 2021 -SR -PP -EX -R-2152 A RESOLUTION GRANTING AN EXTENSION TO A PLANNED DEVELOPMENT, AND ASSOCIATED APPROVALS, FOR THE PROPERTY LOCATED AT 1900 SPRING ROAD; (JUPITER/1900 SPRING ROAD, LLC) Property Address/es 1900 SPRING ROAD, OAK BROOK 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-302-007 & 06-23-302-008 Name and Address of Applicant: Franklin 1900 Spring Road LLC 1900 Spring Road Suite 420 Oak Brook, IL 60523 Name and Address of Responsible: Jupiter Realty Company, LLC Party to Receive Copy of Recorded Document and Billing Jupiter Realty Company, LLC Franklin Partners 401 N. Michigan Ave #1300 1900 Spring Road Suite 420 Chicago IL 60611 Oak Brook, IL 60523 G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient _ of Consideration (when applicable): G/L Account to be charged: A W VILLAGE OF OAKRK ITEM&AA BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of November 14, 2023 SUBJECT: Extension of Planned Development Ordinance (S-1555) FROM: Rebecca Von Drasek, Development Services Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Resolution R-2152, which approves an extension of the Construction Timing approved by Ordinance S-1555. Background/History: Section 13-15-7.G procedures of the Village's Planned Development regulations provides an applicant the opportunity to submit a request for an extension of time to the corporate authorities. Project Overview: The request to extend the timeframe for the Butler Condominium project by Jupiter Realty Company, LLC (1900 Spring Road, LLC) was submitted to staff on October 17, 2023. The Board originally approved the planned development ("PD") for this project on January 8, 2019 in accordance with Ordinance S-1555. The PD site plan approval of a 22 -story masonry building with up to 90 residential dwelling units, 225 indoor parking spaces, a health club, several communal spaces, landscaping, an exterior dog run, and surface parking. The extensions to the approved PD that are being proposed by 1900 Spring Road, LLC are as follows: The developer shall file with the Village a complete building permit application for the PD no later twelve (12) months after the date of this extension request is granted. REG BOT 111423Agenda Item -Amend -PD- I 900_Spring-Ext Page 1 6;- .S. • The developer shall commence construction of the PD no later than twenty-four (24) months after the date of this extension request is granted. • The developer shall complete construction of the PD no later than thirty-six (36) months after the date of this extension request is granted. Staff Comments: 1. The processing of the request is based upon Section 13-15-7.G of the PD regulations, which state the corporate authorities may grant an extension of time for an approved planned development. Please note that this extension is separate from an amendment to the Ordinance S-15 5 5. 2. The applicant has not met any of the required deadlines by the Village's PD regulations or the requirements of Ordinance S-1555. 3. The subject property is currently zoned B-2, Regional Shopping Center Business District. Residential condominiums are not considered permitted use or special uses in the B-2 District, the residential condominium building was approved as part of the original Planned Development. 4. Waivers were approved for the development by Ordinance 2019-ZO-EX-PUD-S-1555, which included the residential use, a reduction to the floor area ratio (FAR), setbacks to Spring Road, and reduced drive -aisle width. Ordinance S-1555 included conditions of approval, including the dormant SSA (R2022-094247), a Spring Road traffic signal, a turn lane, 16'' Street compensatory storage, a prohibition of semi -trailers, commercial parking restrictions, landscaping, signage, etc. 5. The property is located in the regulatory floodway and floodplain and any development proposal shall comply with the Village's adopted stormwater ordinance requirements. The property owner received the conditional letter of map revision from the Federal Emergency Management Agency on April 14, 2020. The Village issued Building Permit 18-7-155 to the property owner Franklin 1900 Spring Road, LLC on July 27, 2022. Construction is ongoing at the project site, with many of the stormwater features now installed. The project is designed to create a building pad and manage the stormwater and floodplain on the subject property. 6. The developer, 1900 Spring Road LLC, indicates that the financing is not secured. The property owner, Franklin Partners, has approved the extension request. Please see the correspondence provided for this request. Recommendation: Staff recommends that the Village Board approve Resolution R-2152, extending the construction timing previosuly approved by Ordinance S-1555. REG BOT 111423Agenda Item-Amend-PD-1900_Spring-Ext Page 2 Day & Robert, P.C. ATTORNEYS AT LAW 300 E. 5th Avenue Suite 365 Naperville, Illinois 60563 630-637-9811 Fax 637-9614 www.drm.law SCOTT M. DAY RACHEL K. ROBERT KELLI M. SMITH Of Counsel October 18, 2023 VIA EMAIL ONLY gsummers(a�,oak-brook.org Mr. Greg E. Summers Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 RE: Franklin 1900 Spring Road LLC/Jupiter Realty Company LLC (1900 Spring Road LLC) "The Butler Condominium " 1900 Spring Road, Oak Brook, Illinois 60523 Request for Extension of Ordinance 2019-ZO-PUD-EX-S-1555 Dear Mr. Summers: Franklin 1900 Spring Road, LLC ("Franklin") continues to own the land that was preliminary approved for a planned unit development ("PUD") on January 8, 2019, by Ordinance 2019-ZO-PUD-EX-S- 1555. On November 10, 2022, Resolution 2022-ZO-EX-PUD-R-2048 was approved granting an extension of the PUD and associated approvals for the property. On September 27, 2022, Franklin filed an Application for Final Plat of Subdivision which was approved on December 13, 2022, under Resolution Number 2022 -SR -FP -EX -R2-2055. Lot 4 is the parcel on which The Butler Condominium PUD was preliminarily approved. The PUD received preliminary approval by the Village Board with the adoption of Ordinance 2019- ZO-PUD-EX-S-1555 on January 8, 2019. Section 5(Q) states as follows: Q. Construction Timing. The Developer shall comply with the following schedule: 1. The Developer shall file with the Village a complete building permit application for the Planned Development no later than twelve (12) months after the date of the Federal Emergency Management Association's ("FEMA") issuance of a conditional letter of map revision ("CLOMR") for the Planned Development; and Day S Robert, P.C. A Professional CorPOfELUon Mr. Greg E. Summers Page 2 October 18, 2023 2. The Developer shall commence construction of the Planned Development no later than twenty-four (24) months after the date of FEMA's issuance of the CLOMR for the Planned Development; and 3. The Developer shall complete construction of the Planned Development no later than thirty-six (36) months after the date of FEMA's issuance of the CLOMR for the Planned Development. If Developer fails to comply with the deadlines contained in this Section 5(Q), the Village's corporate authorities may declare null and void all approvals granted by this Ordinance. As of the date of this letter, none of the construction timing dates has been met nor has the Village Board elected to declare any of the approvals null and void. Financing markets continue to be a challenge and do not appear to be improving any time soon. Over the past year the Federal Reserve raised the prime lending rate multiple times in quick succession. This fact has destabilized the financing of this project. The developer's problems in completing their construction lending was compounded by the very real possibility that it may be necessary to switch the architectural design of the building due to legal uncertainties confronting Lucien LaGrange Studio.' In addition, the timeframe for completing construction of the floodway improvements was significantly delayed as a result of Commonwealth Edison requesting changes to the already approved engineering. Simply stated, it has been a very challenging year. 1900 Spring Road LLC ("1900 SR") located at 1164 West Madison, Suite 711, Chicago, Illinois 60607, is a new Illinois limited liability company formed to proceed with completion of the PUD. In order to proceed, 1900 SR, with Franklin's approval, is requesting that the three construction timing dates in Section 5(Q) of the PUD ordinance be extended. In this regard, 1900 SR requests the Village Board to approve an extension with the following terms: 1. The developer shall file with the Village a complete building permit application for the PUD no later twelve (12) months after the date this extension request is granted. 2. The developer shall commence construction of the PUD no later than twenty-four (24) months after the date this extension request is granted. The developer shall complete construction of the PUD no later than thirty-six (36) months after the date this extension request is granted. 1 Applicant is accepting the fact that any alteration of the architecture which is approved as a condition of the PUD being extended will require a major modification of the PUD in accordance with the Village PUD regulations and procedures. Mr. Greg E. Summers Page 3 October 18, 2023 We respectfully ask that you please submit this request to the appropriate authorities at the Village and alert us to the date this request will be presented to the Village Board for discussion. We are more than happy to attend and answer any questions the Village Board may have. Very truly yours Scott M. Day SMD:kg cc: Franklin 1900 Spring Road, LLC 1900 Spring Road LLC Rebecca VonDrasek THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2023-ZO-EX-PUD-R-2152 A RESOLUTION GRANTING A SECOND EXTENSION TO A PLANNED DEVELOPMENT, AND ASSOCIATED APPROVALS, FOR THE PROPERTY LOCATED AT 1900 SPRING ROAD; (JUPITER, LLC,1900 SPRING ROAD) LAWRENCE E. 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 14th day of November, 2023 RESOLUTION NO. 2023-ZO-EX-PUD-R-2152 A RESOLUTION GRANTING A SECOND EXTENSION TO A PLANNED DEVELOPMENT, AND ASSOCIATED APPROVALS, FOR THE PROPERTY LOCATED AT 1900 SPRING ROAD; (JUPITER, LLC, 1900 SPRING ROAD) WHEREAS, the Village of Oak Brook (hereinafter referred to as "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 affa i rs; WHEREAS, the Village upon approval of the Village President and Board of Trustees (collectively the "Corporate Authorities") is authorized by the 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 of the use of land; WHEREAS, on January 8, 2019, the Village approved Ordinance No. 2019-ZO-EX-PUD- S-1555 approving a Planned Development for the property commonly known as 1900 Spring Road and Identified by Parcel Index Number 06-23-302-006 (hereinafter the "Subject Property"); WHEREAS, pursuant to Title 13 (Zoning Regulations) Chapter 15 (Planned Developments) Section 7 (Effect of Approval or Denial) the Village may declare the approval of a planned development void if certain deadlines for the development are not met; WHEREAS, as a condition to the approvals granted in Ordinance No. 2019-ZO-EX-PUD- S-1555, the developer is required to comply with the deadlines contained in Section 5(Q) therein; WHEREAS, on November 10, 2022, the Village approved Resolution No. 2022-ZO-EX- PUD-R-2048 granting an extension to the deadlines contained in Section 5(Q) of Ordinance No. 2019-ZO-EX-PU D -S-1555; WHEREAS, the developer of the Subject Property has experienced unforeseen difficulties and delays since the Planned Development was approved and is now requesting a second extension to the related deadlines; WHEREAS, the Village finds this request to be reasonable in that the requested extension is appropriate under the given circumstances; WHEREAS, the Village of Oak Brook Corporate Authorities find that the granting of the requested extension has no detrimental impact on the health, welfare or safety of the public in general. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: 2 Section One — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two — Grant of Extension The Corporate Authorities of the Village of Oak Brook hereby grant an extension to the approvals granted by Ordinance No. 2019-ZO-EX-PUD-S-1555 and Resolution No. 2022-ZO-EX- PUD-R-2048, as it relates to the developer's construction timing schedule required by Section 5(Q) and Section Two, respectively, therein, to provide the following relief: 1. The Developer shall file with the Village a complete building permit application for the PUD no later than twelve (12) months after the date this Resolution is approved. 2. The Developer shall commence construction of the PUD no later than twenty- four (24) months after the date this Resolution is approved. 3. The Developer shall complete construction of the PUD no later than thirty-six (36) months after the date this Resolution is approved. Section Three — Conditions to Granting the Extension If Developer fails to comply with the extension deadlines granted in Section Two of this Resolution, the Village's Corporate Authorities may declare null and void all approvals granted by this Resolution. All other conditions and restrictions provided by Ordinance No. 2019-ZO-EX- PUD-S-1555 and the Village Code are still in full force and effect. Section Four — Effective Date This Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Five - Publication This Resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Six — Conflict Clause All Resolutions, parts of Resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Seven — Saving Clause If any section, paragraph, clause or provision of this Resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this Resolution, which are hereby declared to be separable. 3 Section Eight — Recording This Resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. Ayes: Nays: APPROVED THIS 14th day of November, 2023. LAtIRENCE E. HERMAN Village President PASSED THIS 14th day of November, 2023. Trustees Manzo, Martin, Nagle, Reddy Trustee Tiesenga Absent: Trustee Jain ATTEST: 5 NE ASHA SCARPINITI Village Clerk I . LEGAL SERVICES: a) Clark, Baird, Smith, LLP. — October 2023 — $3,139.00 (FY23 YTD - $16,568.50) b) Ottosen, Dinolfo, Hasenbalg & Castaldo, Ltd. — Legal Services — September 2023 - $18,162.50 (FY23 YTD - $174,830.31) TOTAL LEGAL BUDGET FOR 2023 IS $616,500.00 TOTAL LEGAL BILLS PAID FOR 2023 - YTD - $227,597.58 2. Bond Refund — 51 Yorkshire Woods - $3709.00 3. Deere & Company — Ag & Turf SABO Government Sales — Golf Maintenance Equipment - Inv.#117523563 - $69,380.16 4. Midwest Paving Equipment, Inc. — Asphalt Recycler and Hot Box Trailer - Inv.#2621 - $34,405.00 5. Liftoff, LLC — Microsoft 365 Renewal — Inv.#7406REN2023 - $31,080.00 6. EZA Engineering, PLLC — Professional Engineering Services - Inv.#20002-37 - $21,532.69 7. BCBSIL — Health Care Services — November 2023 - $220,562.90 8. Al Warren Oil Co., Inc. — Fuel Purchase — Inv.#W 1601275 - $20,073.90 9. Civiltech Engineering, Inc. — York Harger Intersection and Underpass — Inv.#3459-15 & Final - $187,588.77 B. Approval of Payroll Paydate: November 2, 2023 - $866,276.17 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Merry Lane Watermain Improvements 2. Bath & Tennis Drive Road Improvements D. Development Services Referrals 1. 1211 22nd Street — Zoning Variation to Permit a Wall Sign on the Roof Top Screening MOTION: To approve the Consent Agenda, and authorize the expenditures as presented Motioned to Approve: Trustee Reddy Seconded By: Trustee Nagle ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Martin, Nagle, Reddy, Tiesenga Nays: 0 - None Abstain: 0 - None Absent: 1 - Trustee Jain Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA ACTIVE BUSINESS A. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF NOVEMBER 14, 2023 Video Footage available on the Village Website 6. RESOLUTION R-2152, A Resolution Granting a Second Extension to a Planned Development, and Associated Approvals, for the Property Located at 1900 Spring Road; (Jupiter, LLC, 1900 Spring Road) Motioned to Approve: Trustee Manzo Seconded By: Trustee Nagle Trustee Manzo presented the motion, explaining the reasons behind the one-year extension request. Attorney Scott Day, representing Franklin Partners and Jupiter LLC, reiterated Trustee Manzo's comments, adding that there is no change to the originally approved plan. Discussion ensued. Questions and concerns regarding the architectural dispute, financing, and walking path were addressed. ROLL CALL VOTE: Ayes: 4 — Trustees Manzo, Martin, Nagle, Reddy Nays: 1 - Trustee Tiesenga Abstain: 0 - None Absent: 1 - Trustee Jain Motion carried A. Ordinances & Resolutions 2. RESOLUTION R-2153, A Resolution Approving and Authorizing the Award of Contract for State Bid Bulk Deicer Salt to Cargill, Inc. Motioned to Approve: Trustee Reddy Seconded By: Trustee Martin Trustee Reddy presented the motion by providing a brief explanation of the item. ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Martin, Nagle, Reddy, Tiesenga Nays: 0 - None Abstain: 0 - None Absent: 1 - Trustee Jain Motion carried A. Ordinances & Resolutions 3. RESOLUTION R-2154, A Resolution Amending a Contract with US Construction Efficiency Solutions, Inc. of Hinsdale, Illinois, for the Heritage Center FaVade Restoration Project to Include Additional Repairs Motioned to Approve: Trustee Reddy Seconded By: Trustee Manzo Trustee Martin shared a brief overview of the project, explaining the need for the Amendment. Village Manager Summers added that while the cost is above the original bid, the contingency portions presented are within the originally budgeted amount for the project. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF NOVEMBER 14, 2023 Video Footage available on the Village Website