S-1348 - 09/25/2012 - ZONING-SPECIAL USE - Ordinances Supporting Documents ITEM G.F.4)
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AGENDA ITEM
Board of Trustees Meeting
September 25, 2012
SUBJECT: Arden Realty (on behalf of Lewis University)— Special Use
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1348, which approves a
special use to permit Lewis University to occupy approximately 28,000+ square feet of space in
the building at 111122 nd Street for a nonresidential post baccalaureate school.
Background/History:
At the September 11, 2012 meeting, the Village Attorney was directed to prepare the necessary
ordinance granting approval of a special use to permit Lewis University to occupy approximately
28,000+ square feet of space in the building at 1111 22nd Street for a nonresidential, post
baccalaureate school.
Recommendation:
Approve Ordinance S-1348.
Last saved by gpolanek JM-FROM BOB\Bot-PC-ZBA\BOT-FINAL Action-S-1348 Arden-Lewis-SU-School.doc
ORDINANCE 2012-ZO-SU-EX1-S-1348
AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW
LEWIS UNIVERSITY TO OPERATE A POST BACCALAUREATE SCHOOL
AT 1111 22"d STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-26-200-008)
WHEREAS, an application has been filed by Arden Realty, Inc., on behalf of Lewis University
("Petitioner"), requesting a special use permit to operate a nonresidential, post baccalaureate school
("Special Use Permit") at 1111 22nd Street, Oak Brook, Illinois ("Property'l as legally described in
Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Property is located in the ORA2 Office-Research-Assembly District ("ORA2
District'), and pursuant to Section 13-1013-2 of "The Village Code of the Village of Oak Brook", as
amended ("Zoning Ordinance"), nonresidential, post baccalaureate schools may not be constructed in
the ORA2 District except upon issuance by the Village Board of Trustees of a Special Use Permit; and
WHEREAS, at its meeting on July 16, 2012, the Plan Commission reviewed the request for the
Special Use Permit and found that the Petitioner had addressed and satisfied the requirements for the
requested relief, and recommended that the President and Board of Trustees approve the Special Use
Permit; and
WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the request for the Special Use Permit, pursuant to due and appropriate legal notice;
and
WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily
addressed the standards required for approval of the Special Use Permit and made specific findings,
including that the Special Use Permit would be operated so that the public health, safety and welfare will
be protected, and that there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Plan Commission and the ZBA and deem the Special Use Permit, as set forth below, to be in the best
interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of Special Use Permit. Pursuant to the standards set forth in Section 13-
14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in
Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow Lewis University to operate
a nonresidential, post baccalaureate school at 1111 22nd Street in 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. Lewis University shall occupy approximately 28,630 square feet of space located at the
Property in substantial conformance with the plans attached hereto and incorporated herein
as Exhibit B; and
Ordinance 2012-ZO-SU-EX1-S-1348
Lewis University—1111 22nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 2 of 8
B. Petitioner shall comply with all requirements of law, including without limitation federal, state,
and local laws, ordinances, resolutions, and regulations relating to the Property.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use
Permit granted in Section 2 of this Ordinance will, 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; Non-Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and 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 will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Petitioner with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, of an 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 Petitioner. The unconditional agreement
and consent must be substantially in the form attached hereto and
incorporated herein as Exhibit C.
B. In the event that the Petitioner does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after
the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the
right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—1111 22 n Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 3 of 8
APPROVED THIS 25th day of September, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 25th day of September, 2012.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—1111 22 n Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
PIN: 06-26-200-008
The subject property is located at 1111 22nd Street in Oak Brook, Illinois
Ordinance 2012-ZO-SU-EXI-S-1348
Lewis University—1111 22ntl Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 5 of 8
EXHIBIT B
SITE PLAN
Ordinance 2012-ZO-SU-EX1-S-1348
Lewis University—1111 22nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Arden Realty, Inc., on behalf of Lewis University
("Petitione►"), requesting a special use permit to operate a nonresidential, post baccalaureate school
("Special Use Permit's at 1111 22nd Street, Oak Brook, Illinois ("Property'l as legally described in
Exhibit 1 attached hereto and incorporated herein; and
WHEREAS, Ordinance No. 2012-ZO-SU-EX1-S-1 348 adopted by the President and Board of
Trustees of the Village of Oak Brook on September 25, 2012, ("Ordinance") grants approval of the
Special Use Permit, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner 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, the Petitioner does hereby agree and covenant as follows:
1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered the
possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not
comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner 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 construction or use of the Property as a nonresidential, post baccalaureate school, and that the
Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the
Petitioner against damage or injury of any kind and at any time.
4. The Petitioner 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
such parties in connection with the construction, 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 Petitioner and its 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
them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or
rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for
violation of(1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting
restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
living lawful descendants of the current President of the United States, or for any shorter period that may
be required to sustain the validity of the affected privilege or right.
Ordinance 2012-ZO-SU-EX1-S-1348
Lewis University—1111 22nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
PIN: 06-26-200-008
The subject property is located at 1111 22nd Street in Oak Brook, Illinois
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—1111 22nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 7 of 8
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Lewis University on this day of 12012
LEWIS UNIVERSITY
By:
Its:
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid
do hereby certify that personally known to me, and that he/she
appeared before me this day of 2012, and acknowledged that he/she
personally executed this instrument.
Notary Public
Seal
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Long Ridge Office Portfolio, LLP, ownership entity for General Electric on this
day of , 2012
Long Ridge Office Portfolio, LLP,
ownership entity for General Electric
By:
Its:
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid
do hereby certify that personally known to me, and that he/she
appeared before me this day of 2012, and acknowledged that he/she
personally executed this instrument.
Notary Public