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HomeMy WebLinkAboutS-1741 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2026-ZO-PUD-EX-S-1741 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT TO ALLOW ENCLOSED OUTDOOR DINING AND A FITNESS STUDIO FOR THE PROPERTY LOCATED AT 1211-1315 22ND STREET, OAK BROOK, IL 60523 LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk JOHN ANOS NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN 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 16th day of June 2026 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 2 of 11 2 ORDINANCE NO. 2026-ZO-PUD-EX-S-1741 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT TO ALLOW ENCLOSED OUTDOOR DINING AND A FITNESS STUDIO FOR THE PROPERTY LOCATED AT 1211-1315 22ND STREET, OAK BROOK, IL 60523 PIN(s): 06-26-100-014 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, Kelsea Neal Nolot, of Elrod Friedman LLP (the “Applicant”) on behalf of and with the consent of Franklin Oak Brook 22, LLC (the “Owner”), the owner of certain real property located in the Village’s O-3 Office District, commonly known as 1211-1315 22nd Street, Oak Brook, Illinois, identified by Permanent Index Nos. 06-26-100-014, which property is legally described in Exhibit A, attached hereto and incorporated herein (the “Subject Property”), submitted an application (“Application”), attached hereto and incorporated herein as Exhibit B, requesting approval of Planned Development to enclose outdoor dining for STK and allow a fitness studio, Solidcore, to operate at the Subject Property (the “Planned Development”); WHEREAS, as part of the Planned Development, Applicant is requesting certain departures from Village Code to: (i) allow a fitness studio to operate in a retail space; and (ii) allow a reduction in the required setback from 100’ to 87’ from the property line as otherwise required by Section 13-10D-3. WHEREAS, On April 14, 2026, the Village President and Board of Trustees (collectively the “Corporate Authorities”) conducted a preliminary, pre-application review of the proposed Planned Development, at which time the Corporate Authorities directed the Village's Development Services Director to prepare a report on the Application for the Village's Planning & Zoning Commission (the “Commission”), and referred the Application to the Commission for the purpose of conducting a public hearing; WHEREAS, On June 3, 2026, the Commission conducted a duly noticed public hearing for the purpose of hearing and considering testimony on the Applicant's request for approval of the Planned Development which resulted in overall positive findings and a recommendation to the Corporate Authorities for approval of the same, (the “Commission’s Recommendation”; attached to this Ordinance as Exhibit C); 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 3 of 11 3 WHEREAS, after careful consideration of the foregoing, the Corporate Authorities of the Village of Oak Brook find that the approval of the Planned Development has no detrimental impact on the health, welfare or safety of the public in general and finds that the Applicant has met his burden in demonstrating the grounds for the requested relief including the demonstration of practical difficulties or particular hardship in the application of the Village’s Zoning Regulations. 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 -- Planned Development Approval. Pursuant to Section 13-15-5D of the Village Zoning Ordinance and subject to the conditions set forth in this Ordinance, the requested Planned Development shall be, and is hereby, approved for the Subject Property. Section Three -- Site Development and Use Departures. Pursuant to Section 13-15-4 of the Zoning Ordinance, and subject to the conditions and restrictions set forth in this Ordinance, the President and Board of Trustees hereby approve the following site development and use departures for the proposed Planned Development: A. To allow a fitness studio to operate in a retail space within the O-3 Office District; and B. To allow a setback of 87’ from the property line in lieu of the 100’ otherwise required by Section 13-10D-3 of the Village Code. Section Four -- Conditions of Approval. The approvals granted in 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 Planned 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: 1.Compliance with Plans: The fitness studio use (Exhibit D) operation and enclosed outdoor dining (Exhibit E) 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. Signage. Sign proposals shall comply with applicable sign code regulations of the Oak Brook Zoning Ordinance unless otherwise modified or varied. 3. Applicable Codes. The Applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived or otherwise approved in this Ordinance. 4. No Authorization of Work. This Ordinance does not authorize commencement of any work on the Subject Property. Except as otherwise specifically provided in writing in 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 4 of 11 4 advance by the Development Services Director, no work of any kind may be commenced on the Subject Property pursuant to the approvals granted in this Ordinance unless and until all conditions of this Ordinance precedent to that work have been fulfilled and after all permits, approvals, and other authorizations for the work have been properly applied for, paid for, and granted in accordance with applicable law. 5. Compliance with Laws. Except as otherwise provided in this Ordinance, all applicable ordinances and regulations of the Village shall apply to the Subject Property. Further, the Planned Development and use of the Subject Property shall be in compliance with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction over the Subject Property. 6. Fees and Costs. 1. Applicant shall be responsible for paying all applicable fees relating to the approval of this Ordinance. 2. Applicant shall pay all fees applicable to Applicant's Planned Development and use of the Subject Property after the approval of this Ordinance. 3. 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 review, consideration, and approval of this Ordinance. 4. 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. 5. 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 Subject Property (or that portion of the Subject 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 Six – 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. Section Seven -- 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 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. 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 5 of 11 5 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 Eight – 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 Nine -- Conflict Clause. All ordinances, parts of ordinances or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten – 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 Eleven -- Effective Date, Publication & Recording A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. 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 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 Subject Property. [Remainder of page intentionally left blank; roll call vote to follow] 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 7 of 11 7 EXHIBIT A LEGAL DESCRIPTION LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST ¼ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS Common Address: 1211-1315 22nd Street, Oak Brook, Illinois PIN(s): 06-26-100-014 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 8 of 11 8 EXHIBIT B APPLICATION Village of Oak Brook, IL April 30, 2026 Record No: PD- 26-3 Planned Development Status: Active Submitted On: 4/17/2026 Primary Location 1301 22ND ST OAK BROOK, IL 60523 Owner FRANKLIN OAK BROOK 22 LLC SPRING RD 1900 OAK BROOK , IL 60523 Applicant Kelsea Nolot 350 N Clark St Second Floor Chicago, Illinois 60654 Project Information Type of Property* Commercial Development Type* New Planned Development Number of Waivers and/or Variations requested* 2 Number of Street Frontages* 1 General Location - Legal Address/s 1301 West 22nd Street Zoning District* O-3 Property Interest of the Applicant* Owner's Agent Owner of Record* Franklin Oak Brook 22, LLC Phone*Owner Address* 1900 Spring Road, Suite 100, Oak Brook, Illinois 60523 Owner Email Address*Name of Applicant* Kelsea Neal Nolot Applicant's Phone*Applicant's Address* 350 North Clark Street, Second Floor, Chicago, Illinois, 60654 Applicant Email Address* Acknowledgement I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing signs on the lot frontages of the above subject property as described in the Village Code. In addition to the above fees, applicant agrees to reimburse the Village for all recoverable costs within 30 days of billing. Signature of Applicant* Kelsea Neal Nolot Apr 14, 2026 Date* 04/17/2026 If the applicant/Agent is not the owner of record, a written statement authorizing approval of the proposed planned development application is required from the property owner in addition to their signature above and supporting documents. * Note: Plus all applicable third party costs and recoverable expenses. ** List each waiver or variation on a separate sheet with applicable fees calculated. Subject Property Verification Permanent Index Number* 626100014 Common Address* 1211-1315 W 22ND ST OAK BROOK IL 60523-2006 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 9 of 11 9 EXHIBIT C COMMISSION’S RECOMMENDATION June 4, 2026 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Subject: Case No: 2026-5-ZO-PUD – OB22 – Franklin Partners 1211-1315 22nd Street Dear Village President and Board of Trustees: Background At its meeting on June 3, 2026 the Planning & Zoning Commission held the required public hearing on a petition from Kelsea Neal Nolot, Elrod Friedman LLP, representative for the owners of the property – Franklin Oak Brook 22, LLC, seeking approval of a planned development to enclose outdoor dining for STK and allow a fitness studio, Solidcore to operate in O-3 District. The subject multi-use buildings are located at 1211-1315 22nd Street in the O-3 Office District. The applicant provided a preliminary presentation on the proposed project before the President and Board of Trustees on April 14, 2026 and comments were provided to the applicant by the Village Board. They presented again as a referral on May 12, 2026. The application moved forward pending a thorough review and recommendation by the Planning & Zoning Commission. Waivers and Variations: The Planned Development process allows an applicant to request waiver of and variations from Village zoning laws that are necessary for the construction of the desired project. The following waivers and variations were requested. 1. Use: Section 13-10D-1 To allow the fitness studio to operate in a retail space. 2. Setback. Section 13-10D-3. To allow a reduction in the required setback from 100’ to 87’ from the property line. Public Comment All interested parties were notified of the public meeting. No one spoke in support of or in opposition to the request at the hearing. Planning & Zoning Commission Discussion and Recommendation The standards for a planned development were addressed as part of the presentation at the public hearing and were addressed in detail in writing in the case file. BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 June 4, 2026 Village President and Board of Trustees RE: OB22 Planned Development Page 2 The Planning & Zoning Commission reviewed and deliberated on the applicant’s request and By a vote of 8 to 0, the Planning & Zoning Commission found that the applicant had addressed all of the required planned development standards and recommended approval of the proposed development subject to certain conditions below. 1. Compliance with Plans: The fitness studio use, operation and enclosed outdoor dining 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. Sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance unless otherwise modified or varied. Very truly yours, ____________________ Wayne Ziemer Chairman Planning & Zoning Commission 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 10 of 11 10 EXHIBIT D SOLIDCORE FLOOR PLAN 2026-ZO-PUD-EX-S-1741 1211-1315 22nd Street Oak Brook, Illinois PIN(s): 06-26-100-014 Page 11 of 11 11 EXHIBIT E ENCLOSED OUTDOOR DINING EXHIBITS From:Jeff Leven To:Rama Raman Cc:Rebecca Von Drasek, MPA; Cathy Chiarelli; Kelsea Neal Nolot Subject:RE: STK enclosure Date:Tuesday, June 9, 2026 9:48:27 PM Attachments:image001.png SAMPLE-CARD-Soltis-502-Proof-EN.pdf ZIP TECNICAL DATASHEET (4).pdf CAUTION: This email message originated from outside of the Village’s email system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Rama, The ‘walls’ will be made from Soltis 502 Proof (or similar) which is 100% recycled PET yarns and a PVC coating. Color is intended to be black. See the attached specification sheet. The ‘windows’ within the sections would be: Clear PVC 1mm thick. The manufacture was not able to provide a specification sheet, but hopefully the material description will be acceptable. The ‘system’ between post is planned to be Zipscreen System by Sunmaster (or similar). See page 8 for the detail on the attached specification sheet. As depicted in the renders there will be a lower rail (which would remain even when the shades are up) to approximately 30” AFF. If you have any further questions, please do not hesitate to reach out. As the file size is large are you able to confirm receipt of this email. Thank you, Jeff Jeff Leven FORM Design Studio, LLC ¦ Think green. Please consider the environment before printing this e-mail Disclaimer These CAD files were prepared in accordance with generally accepted architectural principles and practices. These documents were produced from original shell drawings; we strongly urge you to field verify the space for your own purposes. FORM Design Studio bears no responsibility for errors in transmission or manipulation of the data contained herein. FORM Design Studio retains ownership of these documents and is not responsible for any losses or claims associated with the unauthorized use of these design materials. The information contained in this e-mail message is confidential and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this communication is strictly prohibited. If you have received this e-mail message in error, please contact the sender and delete this e-mail message. From: Rama Raman <rraman@oak-brook.org> Sent: Tuesday, June 9, 2026 9:25 AM To: Jeff Leven Cc: Rebecca Von Drasek, MPA <rvondrasek@oak-brook.org>; Cathy Chiarelli <cchiarelli@oak- I. Product introduction and features a. Sunmaster, s a frst class product desgned to be used wth confdence and comfort n all four seasons. b. It provdes a usage opportunty where the fabrc can be gathered upwards n the vertcal drecton and closed completely when desred. c. ZpScreen s made of specal fabrc mounted on a modular alumnum constructon carrer frame, wth alumnum profles at the top / bottom and zpper frame systems sutable for clampng from the sdes. d. Snce the fabrc tenson of the zp system s very hgh compared to smlar products, ts resstance aganst external wnd and other pressures s qute hgh. e. The fabrc system, whch s framed wth profles from the top and bottom, s clamped to the sde sttch rals wth the zpper attachment from the sdes. f. The lower alumnum profle of the zp frame s completely ncluded n the upper box after the system s opened and s not vsble from the outsde. g. Wth the plastc wheeled car system added to the left and rght sdes of the lower alumnum profle of the zp frame, the ease of movement s provded at maxmum level when the system s opened. h. Our zp systems oer our customers three optons to choose from: Type1 - Top box profle wth LED lght, Type2 - Standart top box profle , Type3 - Round top box profle. SUnmastEr