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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
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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