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S-1696 - 100 Windsor Drive - Pkg VarTHE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2024-ZO-V-EX-S-1696 AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION 13- 12-3H.2 AND 13-15-2.A OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW ADDITIONAL PARKING SPACES FOR THE PROPERTY LOCATED AT 100 WINDSOR DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS LAURENCE 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 May 2024 2 ORDINANCE 2024-ZO-V-EX-S-1696 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-12-3H.2 AND 13-15-2.A OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW ADDITIONAL PARKING SPACES FOR THE PROPERTY LOCATED AT 100 WINDSOR DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-24-402-023 WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village of Oak Brook 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, the property owner has requested a variance from certain provisions of the Village of Oak Brook Zoning Ordinance as described herein; WHEREAS, an application has been filed by Blistex 100 LLC the owner,(hereinafter referred to as the “Owner”), of the property located at 100 Windsor Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) and located in the ORA-1 Zoning District, is requesting a Variation from Section 13-12-3H.2 and 13-15-2.A of the Zoning Ordinance of the Village of Oak Brook, as amended, for certain relief from Planned Development requirements and to permit an increase to the number of parking spaces along the south and east frontages of the building adjacent to Windsor Drive and Swift Drive (hereinafter referred to as the “Variation”); WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the “Commission”), on April 3, 2024 held a public hearing to consider the petitioner’s request and to hear testimony on the proposal and as a result of said hearing the Commission issued a positive recommendation in this matter to approve the requested Variation all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, the Commission found the request to be reasonable in that the requested Variation is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Ordinance applicable to zoning variances and made positive findings of fact in support of said variance; WHEREAS, the Commission recommends approval of the Petitioner’s request by the Board of Trustees of the Village of Oak Brook; WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the requested variance has no detrimental impact on the health, welfare or safety of the public in general and finds that the petitioner has met his burden in demonstrating the grounds for the requested variation; and 3 WHEREAS, the corporate authorities of the Village of Oak Brook find that the Owner has demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation to Section 13-12-3H.2 of the Oak Brook Zoning Regulations to permit the increase of the total number of on-site parking spaces to 136 by adding 46 spaces on the front yard and 50 spaces on the yard facing Swift Drive for the property commonly referred to as 100 Windsor Drive, Oak Brook, Illinois. Variation to Section 13-15-2.A of the Oak Brook Zoning Regulations to permit the commercial construction of a parking lot without the approval of a Planned Development for the property commonly referred to as 100 Windsor Drive, Oak Brook, Illinois. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Site Plan. The proposed parking and landscaping shall be constructed in substantial conformance with the site plan as submitted and attached hereto and incorporated herein as Exhibit B. Additionally, the landscaping will include screening of loading bay doors at the southwest location. B. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this, or subsequent, Ordinances; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, Ordinances, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted herein, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner 4 and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner of all or any portion of the Property. Section 6. 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 7. Effective Date. A. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. and B. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("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 executed by the Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 9. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 10. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. Remainder of page intentionally left blank; roll call vote to follow PASSED THIS 14!' day ol May 2024. Trustees Jain. Martin, Reddy, Tiesenga Ayes: NoneNays: Absent:Trustees Manzo and Nagle APPROVED THIS 14r,' day ot May 2024. LAURENCE E. HE Village President ATTEST: Village Clerk NITI, 5 ,r& 6 EXHIBIT A Legal Description LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4 OF PARTS OF LOT 1 AND A VACATED PORTION OF PUBLIC STREET IN BUTLER COMPANY-M-1 INC. ASSESSMENT PLAT NO. 4, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT R68-057891, DUPAGE COUNTY, ILLINOIS. Address: 100 Windsor Drive, Oak Brook, IL 60523 PIN: 06-24-402-023 7 EXHIBIT B Site Plan 100692.46SCC T/C101685.43SCC CURB FLAG102684.19SCC T/C103684.76SCC T/C104687.56SCC T/C105692.89SCC T/C106688.44SCC T/C70' R.O.W. PER DOC NO. R64-110281 STORYBRICK/CONC. BUILDING#100 WINDSOR DR68,565 SQ. FT.LO T 1OAK BROOK D E V E LO PM EN T CO . SUBD I V I S ION NO . 4REC . 1 2 / 1 1 / 1 9 6 8 DOC . R 1 9 6 8 - 0 5 7 8 9 1 66' R.O.W. PER DOC NO. R72-69100165.04'74.68'9.95'115.30'10.69'72.02'272.68'261.99'45.09'2.41'41.91'2.41'PIN: 06-24-402-018OWNER: JONES MEDICAL INSTRUMENTPIN: 06-24-402-038OWNER: CHAMBERLAIN GROUP LLCPIN: 06-24-402-02338.16'99.63'99.98'99.89'31.10'31.25'CURBCORNER4.29' NECURBCORNER4.06' NEBIT.PAVEMENT3.91' SWCONC.CORNER2.96' SSIDEWALK0.34' NWSIDEWALK1.02' SN11°42'24"W 204.83'N87°16'56"E 437.58'S02°46'03"E 362.64'A=47.12' R=30.00'CB=S42°13'57"WS87°13'57"W 93.45'A=248.24' R=935.00'CB=S79°37'36"WN12°09'44"W 226.48'CURBCORNER 4.33' NECONC.CORNER0.86' SECONC.CORNER0.66' SECONC.CORNER0.47' SEAT CORNER0.13'W &0.31'SAT CORNERAT CORNERAT CORNER28.92' N. & ON LINEA=111.23'0.17' W. & 0.49' S.AT CORNERCURBCORNER3.99' NES FACE OFSIGN 0.4' N.685.4220"684.19WINDSOR DRSWIFT DR6'6' SIDEWALKMAIN ENTRANCEEXISTING WINDSOR DRIVEACCESS TO BE CLOSEDSEE LANDSCAPE PLANSFOR TREES TO BEREMOVED / PRESERVED8'8'8'8'8'8'8'8'24'18'10'8.5'(TYP)24'18'10'29.9'4'18'18'R3'R3'R3'R3.75'R15'R15'R3'R4.14'R25'R3'R3'R3.75'R3'R10'R3'R10'R67.5'R67.5'EXISTING SWIFT DRIVEACCESS TO REMAINPROPERTY BOUNDARYPARKING STRIPING (TYP)B6.12 CURB &GUTTER (TYP)CONNECT TOEXISTING CURB(TYP)EXISTING WINDSOR DRIVEACCESS TO REMAIN7.5'58.8'CURB AND SIDEWALK TOBE REPLACED8.5' (TYP)29.6'EXISTING MONUMENTSIGN TO BE REPLACEDEXISTING MONUMENTSIGN TO BE REPLACEDDRAWING NO.C1.0E:\2024\240044\Drawings\ACAD\LD\S03\sheet drawings\C1.0 Lay240044.dwg3/6/2024PROJECT NO.: PROJECT MANAGER: DRAWN BY: DESIGNED BY: 240044 HS RI DF OAK BROOK ILLINOIS PRELIMINARY SITE PLAN BLISTEX PARKING LOT EXPANSIONwww.v3co.com DESCRIPTIONDATENO. R E V I S I O N SORIGINAL ISSUE DATE:FEBRUARY 16, 2024 DESCRIPTIONDATENO. 7325 Janes Avenue Woodridge, IL 60517 630.724.9200 phoneGRAPHIC SCALEPROPERTY SIZE = 3.72 ACRESZONING: ORA-1PARKING SUMMARYEXISTING SPACES = 46EXISTING SPACES TO BE REMOVED = 6PROPOSED STANDARD SPACES = 91PROPOSED ACCESSIBLE SPACES = 5PROPOSED TOTAL SPACES = 96EXISTING REMAINING SPACES= 40TOTAL PARKING SPACES = 136NOTES:1. ALL DIMENSIONS SHOWN ARE TO BACK OF CURBUNLESS OTHERWISE NOTED.2. ALL PROPOSED ON-SITE STRIPING SHALL BEPAINTED YELLOW UNLESS OTHERWISE NOTED.3. BUILDING DIMENSIONS ARE TO OUTSIDE FACEOF BUILDING UNLESS OTHERWISE NOTED.4. ALL CURB AND GUTTER SHALL BE B6.12 UNLESSOTHERWISE NOTED.5. NET NEW IMPERVIOUS AREA UNDER 25,000 SF.DETENTION NOT REQUIRED.POST-CONSTRUCTION BEST MANAGEMENTPRACTICES TO BE PROVIDED WITHIN PROPOSEDRAIN GARDENS.I G 685 685 685 684 684 686 686 687 687 688 688689685685 685684684686687688685686687688690690686687688689689689 687687 688688 689690 686 6 8 7 6 8 8 68 9 691692686687688 2" PIPE AND VALVE688 689 690 691 NATIVE NATURALIZED PLANTING (MIDSIZE) (211 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (798 sf)RAIN GARDEN (WET CONDITIONS) (990 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (873 sf)NATIVE NATURALIZED PLANTING (TALL COMBO) (1,072 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (1,887 sf)RAIN GARDEN (WET CONDITIONS) (1,775 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (1,180 sf)NATIVE NATURALIZED PLANTING (TALL COMBO) (567 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (172 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (192 sf)NATIVE NATURALIZED PLANTING (TALL COMBO) (611 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (92 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (216 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (362 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (276 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (153 sf)NATIVE NATURALIZED PLANTING (MIDSIZE) (228 sf)DRAWING NO.L1.1\\v3co.com\v3\projects2\2024\240044\Drawings\ACAD\LA\D0_\Sheet Drawings\L1.0 Landscape Plan_240044.dwg2/16/2024PROJECT NO.: PROJECT MANAGER: DRAWN BY: DESIGNED BY: 240044 HS RI DF OAK BROOK ILLINOIS www.v3co.com DESCRIPTIONDATENO. R E V I S I O N SORIGINAL ISSUE DATE:FEBRUARY 16, 2024 DESCRIPTIONDATENO. 7325 Janes Avenue Woodridge, IL 60517 630.724.9200 phoneGRAPHIC SCALE595EXISTING MAJOR CONTOURLEGENDEXISTING MINOR CONTOURPROPERTY BOUNDARYPROPOSED MAJOR CONTOURTREE PROTECTION FENCE830PROPOSED MINOR CONTOUR831PLANTING COUNT AND SPECIESDESCRIPTIONPROPOSED STORM STRUCTURESP#LANDSCAPE PLAN NOTES1. MULCH TO BE DARK BROWN, FINELY SHREDDEDHARDWOOD. INSTALL 3" THICK MINIMUM.2. ALL PLANTING BEDS TO HAVE MULCH OVERENTIRE BED.3. ALL PLANTING BEDS TO BE AMENDED WITH 6" OFCOMPOST OVER THE ENTIRE BED.4. ALL PLANTING BEDS TO HAVE SPADED EDGE, 4"IN DEPTH WITH UNIFORM LINES AND CURVESUNLESS OTHERWISE NOTED.5. ANY AREAS DISTURBED DUE TO CONSTRUCTIONWILL BE RE-SEEDED WITH TURF GRASS UNLESSNOTED OTHERWISE ON THE PLANS.6. FOR LIST OF PLANT TYPES, SIZES,SPECIFICATIONS, ETC. SEE SHEET L1.0 & L1.1.NATIVE NATURALIZED PLANTING (TALL COMBO)COREOPSIS TRIPTERIS / TALL COREOPSISPLUG 3% @ 18" ocERYNGIUM YUCCIFOLIUM / RATTLESNAKE MASTERPLUG 4% @ 18" ocHELIANTHUS OCCIDENTALIS / WESTERN SUNFLOWER PLUG 5% @ 18" ocLIATRIS PYCNOSTACHYA / PRAIRIE GAYFEATHERPLUG 5% @ 18" ocMERTENSIA VIRGINICA / VIRGINIA BLUEBELLSPLUG 10% @ 18" ocSANGUISORBA CANADENSIS / CANADIAN BURNETPLUG 3% @ 18" ocSCHIZACHYRIUM SCOPARIUM / LITTLE BLUESTEMPLUG 10% @ 18" ocSPOROBOLUS HETEROLEPIS / PRAIRIE DROPSEEDPLUG 60% @ 18" ocRAIN GARDEN (WET CONDITIONS)ANDROPOGON GERARDII / BIG BLUESTEMPLUG 20% @ 18" ocASCLEPIAS INCARNATA / SWAMP MILKWEEDPLUG 10% @ 18" ocCAREX COMOSA / LONGHAIR SEDGEPLUG 10% @ 18" ocCAREX HYSTERICINA / PORCUPINE SEDGEPLUG 5% @ 18" ocCASSIA HEBECARPA / WILD SENNAPLUG 10% @ 18" ocIRIS VIRGINICA SHREVEI / SHREVE'S IRISPLUG 10% @ 18" ocLIATRIS PYCNOSTACHYA / PRAIRIE GAYFEATHERPLUG 10% @ 18" ocLOBELIA SIPHILITICA / GREAT LOBELIAPLUG10% @ 18" ocRUDBECKIA HIRTA / BLACK-EYED SUSANPLUG15% @ 18" ocNATIVE NATURALIZED PLANTING (MIDSIZE)BAPTISIA ALBA / WHITE WILD INDIGOPLUG 5% @ 18" ocCAREX VULPINOIDEA / FOX SEDGEPLUG 20% @ 18" ocGEUM TRIFLORUM / PRAIRIE SMOKEPLUG 10% @ 18" ocLOBELIA SIPHILITICA / GREAT LOBELIAPLUG 5% @ 18" ocMONARDA FISTULOSA / BERGAMOTPLUG 5% @ 18" ocPHLOX PILOSA / DOWNY PHLOXPLUG 5% @ 18" ocRUDBECKIA SUBTOMENTOSA / SWEET BLACK-EYED SUSAN PLUG 5% @ 18" ocSOLIDAGO OHIOENSIS / OHIO GOLDENRODPLUG 5% @ 18" ocSORGHASTRUM NUTANS / INDIAN GRASSPLUG 20% @ 18" ocSYMPHYOTRICHUM NOVAE-ANGLIAE / NEW ENGLAND ASTER PLUG 5% @ 18" ocVERNONIA FASCICULATA / IRONWEEDPLUG 10% @ 18" ocVERONICASTRUM VIRGINICUM / CULVER'S ROOTPLUG 5% @ 18" ocPLANT SCHEDULELANDSCAPE PLAN BLISTEX PARKING LOT EXPANSIONPLUG DRIFTSMESIC PRAIRIE SEEDAND BLANKETVARIES; SEE NOTESVARIES; SEE NOTESFINISHED GRADEMESIC PRAIRIE SEED AND BLANKETPLUGSBIOSWALE SOIL MIX ORTOPSOIL SEE LANDSCAPEPLAN FOR SOIL LIMITSUBGRADEPLUG PLANTING DETAIL1" 1'-0"1JointUtilityLocatingInformationforExcavatorsCall48 hours before you dig 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, an application has been filed by Blistex 100 LLC, the owner, (hereinafter referred to as the “Owner”), of the property located at 100 Windsor Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) and located in the ORA-1 Zoning District, is requesting a Variation from Section 13-12-3H.2 and 13-15-2.A of the Zoning Ordinance of the Village of Oak Brook, as amended, for certain relief from Planned Development requirements and to permit an increase to the number of parking spaces along the south and east frontages of the building adjacent to Windsor Drive and Swift Drive (hereinafter referred to as the “Variation”); WHEREAS, Ordinance No 2024-ZO-V-EX-S-1696 adopted by the President and Board of Trustees of the Village of Oak Brook on May 14th, 2024 grants approval of the Variation subject to certain modifications, 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 Owner files 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 covenants as follows: 1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges that: (I) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The 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 use of the Property, the construction of additional parking spaces and that the Village’s issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The 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 of such parties in connection with the operation and use of the Property, or the Village’s adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owner and his heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent Owners of the Property, or any portion thereof, and all persons claiming under him to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4 OF PARTS OF LOT 1 AND A VACATED PORTION OF PUBLIC STREET IN BUTLER COMPANY-M-1 INC. ASSESSMENT PLAT NO. 4, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT R68-057891, DUPAGE COUNTY, ILLINOIS. Address: 100 Windsor Drive, Oak Brook, IL 60523 PIN: 06-24-402-023