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Home My WebLink AboutS-1716 Cert of Appropriateness THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2024-ZO-DP+CA-EX-S-1716 AN ORDINANCE AMENDING ORDINANCE NO. S-1392, S-1529, AND S-1605, AND APPROVING A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 3824 YORK ROAD 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 10th day of December 2024 Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 2 of 12 2 ORDINANCE NO. 2024-ZO-DP+CA-EX-S-1716 AN ORDINANCE AMENDING ORDINANCE NO. S-914, S-1392, S-1529, AND S-1605, AND APPROVING A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 3824 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-36-308-029 WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, Chicago Title Land & Trust Company is the owner as trustee, for the sole benefit of Alan Rocca under trust number 10384 ("Owner"), of that certain property located at 3824 York Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Millennium Bank is the lessee of the Property ("Lessee") located in the Historic Graue Mill Gateway Area ("Historic Area”); WHEREAS, Section 13-8-6 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), prohibits the issuance of a building permit for the erection, construction, exterior alteration, or repair of any building or structure in the Historic Area except upon the issuance of a certificate of appropriateness by the President and Board of Trustees; WHEREAS, on October 27, 1998, the President and Board of Trustees adopted Ordinance No. 98- SD-DP+CA-EX-S-914 (“Ordinance S-914”), issuing a Certificate of Appropriateness for the Property subject to certain conditions and restrictions, including, among others, that all land modifications, landscaping, and construction on the Property must be completed in substantial conformity with that certain Site Plan prepared by RA Mifflin Associates Architects with a latest revision date of September 30, 1998; WHEREAS, the certificate of appropriateness granted by Ordinance S-914 approved the construction of the existing building and other related site improvements. As a part of those improvements, the certificate of appropriateness depicted a monument sign and building wall sign affixed to a raceway; WHEREAS, on January 28, 2014, the President and Board of Trustees adopted Ordinance No. 2014-ZO-DP+CA-EX-S-1392 ("Ordinance S-1392"), granting an amendment to the existing Certificate of Appropriateness for the Property subject to certain conditions and restrictions, including, among others, that all land modifications, landscaping, and construction on the Property must be completed in substantial conformity with that certain Site Plan prepared by Icon Companies with a latest revision date of January 21, 2014; WHEREAS, the amendment granted by Ordinance S-1392 approved a new monument sign that was increased from a height of five feet (5’) to eight feet (8’) and replacement of the then-current tenant’s logo color to remain consistent with that tenant’s corporate brand; WHEREAS, on April 10, 2018, the President and Board of Trustees adopted Ordinance No. 2018- ZO-DP+CA-EX-S-1529 (“Ordinance S-1529”), granting an amendment to the existing Certificate of Appropriateness for the Property subject to certain conditions and restrictions, including, among others, that the locations and appearance of a new tenant panel on the monument sign and a new wall sign, shall be completed in substantial conformity with the Site Plan, sign plans, and location overview prepared by Parvin-Claus Sign Company, consisting of 2 sheets, with a latest revision dates of January 15 and January 19, 2018; WHEREAS, the amendment granted by Ordinance S-1529 approved an increase to the building wall sign from nineteen square feet (19 square feet) to twenty-six square feet (26 square feet) and a same Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 3 of 12 3 for same replacement of the monument sign tenant panel/logo. The tenant logo for both the monument sign and building wall sign included grey, green and orange earth tone colors; WHEREAS, on august 11, 2020, the President and Board of Trustees adopted Ordinance No. 2020-ZO-DP+CA-EX-S-1605 (“Ordinance S-1605”), granting an amendment to the existing Certificate of Appropriateness for the Property subject to certain conditions and restrictions, including, among others, that the increase the building wall sign by one square foot, from twenty-six square feet (26 square feet) to twenty-seven square feet (27 square feet) and to replace the monument sign face, shall be completed in substantial conformity with the Site Plan, sign plans, and location overview prepared by Olympik Signs, consisting of 5 sheets, with a latest revision date of May 13, 2020; WHEREAS, Owner and Lessee (collectively, Owner and the Lessee are the "Petitioners") now desire to modify the existing monument and building signage on the property to replace a tenant logo panel on the monument sign to reflect the Millennium Bank corporate colors of white and beige letters on a black background and add a new building wall sign that is 22.4 square feet in area (the “Work”); WHEREAS, the Petitioners have applied to the Village to amend the Certificate of Appropriateness to allow for the completion of the Work ("Amended Certificate of Appropriateness"); WHEREAS, at its meeting on November 6, 2024, the Planning & Zoning Commission (“Commission”) conducted a public hearing on the request for the Amended Certificate of Appropriateness, pursuant to due and appropriate legal notice; WHEREAS, after the close of the public hearing, the Commission recommended, by a vote of 5-0 approval of the Petitioners' application, finding that the Petitioners satisfactorily addressed the standards required for approval of the Amended Certificate of Appropriateness and making specific findings, including, among others, that the Work was harmonious with the building design and satisfied the intent and purpose of the Historic Area; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the Commission and have determined that issuing the Amended Certificate of Appropriateness, as set forth in this Ordinance, is in the best interests of the Village. 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 Amended Certificate of Appropriateness. Pursuant to the standards set forth in Chapter 8 of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Amended Certificate of Appropriateness is hereby granted to allow for the completion of the Work on the Property. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon all of the following conditions: A. The Work, to replace the monument sign panel and wall sign, shall be completed in substantial conformance with the site plan, sign plans, and location overview prepared by The Holland Design Group, Inc., consisting of 4 sheets, with a latest revision date of June 13, 2024, attached hereto and incorporated herein as Group Exhibit B (collectively, the "Petitioners' Plans"); Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 4 of 12 4 B. The proposed signs shall comply with all other applicable requirements of the Oak Brook Sign Code (including sign illumination); C. Except as specifically provided in this Ordinance, all other conditions of Ordinance S- 914, S-1392, S-1529, and S-1605 remain in full force and effect; D. 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. E. 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, resolutions, 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. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for, inure to the benefit of, and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. 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. Penalty. Any person violating the terms and conditions of this Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00, with each and every day that such violation of this Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees of the Village. Section 9. 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. Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 5 of 12 5 Section 10. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 11. 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 to follow Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 7 of 12 7 EXHIBIT A The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 1 IN J. LYNCH’S ASSESSMENT RESUBDIVISION OF PART OF TRACT B IN J. LYNCH SECOND PLAT OF SURVEY (RECORDED FEBRUARY 11, 1954 AS DOCUMENT NUMBER 707775) OF PART OF LOT 1 IN GMOSER AND BLUMA’S PLAT OF SURVEY (RECORDED JUNE 18, 1949 AS DOCUMENT 5700094), IN THE SOUTH ½ SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID J. LYNCH’S ASSESSMENT RESUBDIVISION RECORDED MAY 2, 1957 AS DOCUMENT 840938, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF TRACT B, J. LYNCH 2ND PLAT OF SURVEY (DOCUMENT NO. 707775), A PART OF LOT 1, GMOSER AND BLUMA’S PLAT OF SURVEY SITUATED IN THAT PART OF THE SOUTH ½ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH EAST ¼ OF SECTRION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRICIPAL MERIDIAN, THENCE EAST ALONG THE SOUTH LINE OF SECTION 36, A DISTANCE OF 280.5 FEET TO A POINT IN THE CENTER LINE OF SPRING ROAD AS NOW PLATTED AND RECORDED; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID SPRING ROAD, A DISTANCE OF 245.90 FEET TO THE POINT OF THE BEGINNING,THENCE STILL ALONG SAID CENTER LINE OF SPRING ROAD, A DISTANCE OF 85.0 FEET TO A POINT, THENCE SOUTH 62 DEGREES 01 MINUTE WEST, A DISTANCE OF 175.0 FEET TO A POINT, THENCE SOUTH 27 DEGREES 59 MINUTES EAST, A DISTANCE OF 60 FEET TO A POINT: THENCE NORTH 70 DEGREES 09 MINUTES EAST, A DISTANCE OF 176.78 FEET TO THE POINT AND POINT OF BEGINNING, EXCEPT THAT PORTION LYING IN SPRING ROAD, DEDICATED FOR HIGHWAY PURPOSES, ALL IN DUPAGE COUNTY, ILLINOIS PIN: 06-36-308-029 Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 8 of 12 8 EXHIBIT B PLANS I Individual channel back lit led aluminum letters on a thin rail raceway limestone color. Opaque aluminum faces spray painted to match MB colors. Connect to customers existing electrical feed at sign site. 19’-0” L limstone area x 14” ht 13” ht 14’-8” L THESE DRAWINGS ARE THE PROPERTY OFTHE HOLLAND DESIGN GROUP, INC. AND ANYUSE OR DUPLICATION OF THE DESIGNS OR ARTWORK ARE SUBJECT TO THE REGULATIONAND CONTROL OF THE ORIGINATOR, THE HOLLAND DESIGN GROUP, INC. JOB NO. LOCATION: COMPANY: DATE: 6-9 -24 DRAWN BY: Sh The Holland Design Group Inc. SIGNS DESIGN FABRICATION INSTALLATION 1090 Brown St Wauconda, IL 60084 847 526-8848 thehollanddesigngroupinc.com #thehollandsigns artsign5@aol.com 3824 York rdOakbrook IL / GOLD Electrical connection from customers existing feed. 20”1’.6” ht 22’.4” sq ft total with logo ht 30.4 sq ft H Individual channel back lit led aluminum letters on a thin rail raceway limestone color. Opaque aluminum faces spray painted to match MB colors. Connect to customers existing electrical feed at sign site. 19’-0” L limstone area x 14” ht 13” ht 14’-8” L THESE DRAWINGS ARE THE PROPERTY OFTHE HOLLAND DESIGN GROUP, INC. AND ANYUSE OR DUPLICATION OF THE DESIGNS OR ARTWORK ARE SUBJECT TO THE REGULATIONAND CONTROL OF THE ORIGINATOR, THE HOLLAND DESIGN GROUP, INC. JOB NO. LOCATION: COMPANY: DATE: 6-9 -24 DRAWN BY: Sh The Holland Design Group Inc. SIGNS DESIGN FABRICATION INSTALLATION 1090 Brown St Wauconda, IL 60084 847 526-8848 thehollanddesigngroupinc.com #thehollandsigns artsign5@aol.com 3824 York rdOakbrook IL / GOLD Electrical connection from customers existing feed. 17sq ft 30.4 sq ft Logo colors to match Wall sign s.f. 0 20”1’.6” ht 22’.4” sq ft total with logo ht Ordinance No. 2024-ZO-DP+CA-EX-S-1716 Certificate of Appropriateness 3824 York Road, Oak Brook, Illinois PIN: 06-36-308-029 Page 12 of 12 12 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 1 IN J. LYNCH’S ASSESSMENT RESUBDIVISION OF PART OF TRACT B IN J. LYNCH SECOND PLAT OF SURVEY (RECORDED FEBRUARY 11, 1954 AS DOCUMENT NUMBER 707775) OF PART OF LOT 1 IN GMOSER AND BLUMA’S PLAT OF SURVEY (RECORDED JUNE 18, 1949 AS DOCUMENT 5700094), IN THE SOUTH ½ SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID J. LYNCH’S ASSESSMENT RESUBDIVISION RECORDED MAY 2, 1957 AS DOCUMENT 840938, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF TRACT B, J. LYNCH 2ND PLAT OF SURVEY (DOCUMENT NO. 707775), A PART OF LOT 1, GMOSER AND BLUMA’S PLAT OF SURVEY SITUATED IN THAT PART OF THE SOUTH ½ OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH EAST ¼ OF SECTRION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRICIPAL MERIDIAN, THENCE EAST ALONG THE SOUTH LINE OF SECTION 36, A DISTANCE OF 280.5 FEET TO A POINT IN THE CENTER LINE OF SPRING ROAD AS NOW PLATTED AND RECORDED; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID SPRING ROAD, A DISTANCE OF 245.90 FEET TO THE POINT OF THE BEGINNING,THENCE STILL ALONG SAID CENTER LINE OF SPRING ROAD, A DISTANCE OF 85.0 FEET TO A POINT, THENCE SOUTH 62 DEGREES 01 MINUTE WEST, A DISTANCE OF 175.0 FEET TO A POINT, THENCE SOUTH 27 DEGREES 59 MINUTES EAST, A DISTANCE OF 60 FEET TO A POINT: THENCE NORTH 70 DEGREES 09 MINUTES EAST, A DISTANCE OF 176.78 FEET TO THE POINT AND POINT OF BEGINNING, EXCEPT THAT PORTION LYING IN SPRING ROAD, DEDICATED FOR HIGHWAY PURPOSES, ALL IN DUPAGE COUNTY, ILLINOIS PIN: 06-36-308-029