Loading...
S-1349 - 09/25/2012 - ZONING -VARIATION - Ordinances ORDINANCE 2012-ZO-V-EX-S-1349 AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN PROVISIONS OF SECTIONS 13-11-10 AND 13-11-4 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO A WALL SIGN FOR THE PROPERTY AT 111122 nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-200-008) WHEREAS, an application has been filed by Landmark Sign Group ("Petitioner') on behalf of the Long Ridge Office Portfolio, LLP ("Owner's, the owner of the property located at 1111 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), and Lewis University ("Tenant'j, requesting variations from Sections 13-11-10C.8, 13-11- 10D.2.c, 13-11-10.E.4, 13-11-10G.4 and 13-11-4A.7.d ("Variations") of the "Zoning Ordinance of the Village of Oak Brook,"as amended ("Zoning Regulations"), to allow for the construction of a wall sign on the Property as depicted in Exhibit B attached hereto and incorporated herein ("Wall Sign'j; and WHEREAS, Section 13-11-10C.8 of the Zoning Regulations does not allow for a wall sign to have more than a single line of text, except as approved for first floor restaurant signs; and WHEREAS, Section 13-11-10D.2.c of the Zoning Regulations allows for signs that are mounted more than 50 feet high to have no more than 140 square feet of sign face; and WHEREAS, Section 13-11-10.E.4 of the Zoning Regulations provides that wall sign shall not cover architectural features(such as window/glass wall panel lines); and WHEREAS, Sections 13-11-10G.4 and 13-11-4A.7.d of the Zoning Regulations require that the letters of signs be individually affixed to walls of a building; WHEREAS, the Petitioner is required to obtain the Variations for the Wall Sign because the Wall Sign will: (i) have 177 square feet of sign face; (ii) have two lines of text; (iii)will be mounted on a raceway instead of being affixed directly to the wall of the Property; (iv) and will cover a portion of the glass wall panel lines on the east elevation of the building on the Property; WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the requests for the Variations, 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 requested Variations set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated September 5, 2012, recommended approval of the Variations subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the Zoning Board of Appeals and deem the Variations, 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. Ordinance 2012-ZO-V-EX1-S-1 349 Lewis University—111122nd Street Variation—Wall Sign PIN:06-26-200-008 Page 2 of 8 Section 2. Grant of Variations to Sections 13-11-10C.8 13-11-10D.2.c, and 13-11-10.E.4 of the Zoning Regulations Pursuant to the standards set forth in Section 13-14-61D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4 of this Ordinance, the Petitioner is hereby granted variations from Sections 13-11-10C.8, 13-11-10D.2.c, and 13-11-10.E.4 of the Zoning Regulations to allow for the construction of the Wall Sign. Section 3. Grant of Variations to Sections 13-11-10G.4 and 13-11-4A.7.d. of the Zoning Regulations. Pursuant to the standards set forth in Section 13-14-61D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4 and Section 5 of this Ordinance, the Petitioner is hereby granted variations from Sections 13-11-10G.4 and 13-11-4A.7.d. of the Zoning Regulations to allow for the construction of the Wall Sign. Section 4. General Conditions. The approval of the Variations granted in Sections 2 and 3 of this Ordinance are expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Wall Sign shall be constructed in substantial conformance with the approved plans, attached hereto and incorporated herein as Exhibit B; B. Compliance with Zoning Regulations and Village Code. The Owner and Petitioner shall comply with the Zoning Regulations and all of the provisions contained in the"Village Code of the Village of Oak Brook, Illinois, as amended, that were in effect on the date that the Petitioner submitted his building permit application to the Village except as specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Wall Sign, and all of the Owner and Petitioner's 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 5. Conditions On A Raceway Sign. If the Petitioner or Owner affix the Wall Sign using a raceway, the approval of the Variations granted in Section 3 of this Ordinance are expressly subject to and contingent upon the Wall Sign being of a material, and placed in a location on the building on the Property, that aesthetically matches the building's architectural features and is not visible when installed. Section 6. Failure to Comply with Conditions. Upon failure or refusal of the Owner and Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Sections 2 and 3 and 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 7. 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 8. 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 9. 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 Ordinance 2012-ZO-V-EX1-S-1 349 Lewis University—111122 od Street Variation—Wall Sign PIN:06-26-200-008 Page 3 of 8 The filing by the Petitioner and Owner 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 and Owner. 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 Owner and Petitioner do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 9.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. APPROVED THIS 25th day of September, 201 Gopal G. Lalmalani Village President PASSED THIS 25th day of September, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Yusuf Nays: None Absent: Trustee Zannis 6d N Sir 5 t Y `'k" ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2012-ZO-V-EX1-S-1 349 Lewis University—111122 nd.Street Variation—Wall Sign 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. Commonly known as 1111 22nd Street in Oak Brook, Illinois PIN: 06-26-200-008 �O By signing the Customer Acceptance on this print,i understand that 1 am accepting all aspects of this drawing.X This Includes Artwork,Specifications,Dimensions,Spelling,and all other representations herein. Customer Acceptance Landmark I also Understand that owor reproductions on this print are approximate,and may not match manufacturers samples exactly. p nce SIGNATURE DATE iF REQUIRED:Landlord Acceptance SIGNATURE DATE L.S.G.SALES INITIALS S DATE " i 26'-G" WINDOWS 9ildup ROOFLINE_J ROOFP S" 7424 Industrial Avenue �.T..CA —-.-_ _._..----------, ___. Chesterton,IN 46304 phone 219.762.9577 fax 219.762.4259 O PRIINT_____-___= LY-20632-3 17'-1 1/2^ LARRY YURKO LSO SALES REPRESENTATIVE u u a 08,07.12 -; DATE ----------- LEWIS UNIVERSITY i1 b it I I i l I' CLIENT NAME O d I I f l b d 11 rl 41 11 h q' 11 4i rl 41 1111 W.22nd ST. OAKBROOK.IL f JoeLOCATION ` T i i _ _ __ - i i i JM 3/8--T-D' -- ° DRAWN BY SCALE M 11 11 i.� I rl I 1 REVISIONS: io J — 7'-9 7/8"x 17-101/2" 139.83 SQ.FT. I U�11 l'I NllF,11 ONE SET OF PLEX FACE CHANNEL LETTERS/INTERNALLY ILLUMINATED WITH LEDs/ ° ON S"RACEWAYS/MOUNTED TO CUSTOM FABRICATED STRINGERS/EXT.PAINTED/ Designed MOUNTED TO BUILDING FASCIA ;~` 11 O Void O LETTER FACES=3/16"WHITE PLEX Electrical Connection will be Visible within 5 Ft.at time of TRIMCAP=WHITE mstaaaNOn; RETURNS=MAP 42-215 BURGUNDY second Trip will be charged ILLUMINATION=WHITE LEDs at Time&Material RACEWAYS=MAP TO MATCH WINDOWS-TBD THIS DRAWWO Is THE PROPERTY OF STRINGERS=MAPTO MATCH WINDOWS&MULLIONS-TBD LA "a'-W Ixc eoe" ITT'�.a,nm auxourtlla. JVS IAael .. Iwaveurofravtda,. In""eaw ortser... Ordinance 2012-ZO-V-EX1-S-1 349 Lewis University—111122nd Street Variation—Wall Sign PIN:06-26-200-008 Page 5 of 8 EXHIBIT B SIGN PLAN U1 'IV-' lei r s g* h &W3^ 5 r. i I E i i k # Ordinance 2012-ZO-V-EX1-S-1349 Lewis University—111122 Id Street Variation—Wall Sign 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 Landmark Sign Group ("Petitioner's on behalf of the Long Ridge Office Portfolio, LLP ("Owner'l, the owner of the property located at 1111 22nd Street, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto and incorporated herein ("Property'l, and Lewis University ("Tenant'), requesting variations from Sections 13-11-10C.8, 13-11- 10D.2.c, 13-11-10.E.4, 13-11-10G.4 and 13-11-4A.7.d ("Variations") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of a wall sign on the building on the Property ("Wall Sign'J; and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1349, adopted by the President and Board of Trustees of the Village of Oak Brook on September 25, 2012, ("Ordinance") grants approval of the Variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 9 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner and Owner file 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 and Owner do hereby agree and covenant as follows: 1. The Owner and Petitioner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner and Petitioner acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have considered the possibility that the variation granted by the Ordinance may be revoked if the Petitioner does not comply with the Ordinance; and (iii) the Owner and the Petitioner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Petitioner acknowledge and agree 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 Wall Sign on the Property, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner or Petitioner against damage or injury of any kind and at any time. 4. The Owner and Petitioner agree to and do 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 Wall Sign, the Property, or the Village's adoption of the Ordinance. 5. 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. [SIGNATURE PAGE FOLLOWS] Ordinance 2012-ZO-V-EX1-S-1349 Lewis University—1111 22nd Street Variation—Wall Sign PIN:06-26-200-008 Page 7 of 8 IN WITNESS WHEREOF, executed this Unconditional Agreement and Consent on behalf of Landmark Sign Group on this day of 2012 Landmark Sign Group 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 Ordinance 2012-ZO-V-EX1-S-1 349 Lewis University—1111 22nd Street Variation—Wall Sign PIN:06-26-200-008 Page 8 of 8 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT 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. Commonly known as 1111 22nd Street in Oak Brook, Illinois PIN: 06-26-200-008 PLEASE NOTE: The Agreement, Resolution, or Ordinance is not a complete file, due to the fact that a Signed Signature page (or an Exhibit page) was not returned to the Clerk's Department.