S-1450 - 01/26/2016 - ZONING - Ordinances Supporting Documents BOARD OF TRUSTEES MEETING
ILLAG1 OF SAMUEL E. DEAN BOARD ROOM
B R , K BUTLER GOVERNMENT CENTER
* 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 26, 2016
SUBJECT: Janko Group, LLC — 210 22nd Street — Planned Development to construct
a new five-story Hyatt House Hotel and create a site for a future restaurant
building
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1450 as amended
for the planned development for the Janko Group — Hyatt House project to be
located at 210 22nd Street.
Backi!round/History:
At the January 12, 2016 meeting, the Village Attorney was directed to prepare the
necessary ordinance granting approval of the planned development for the Janko Group
Hyatt House project. In accordance with the Board's direction, the enclosed Ordinance
approving the Planned Development has been prepared.
The Board should note that since the January 12th meeting, the applicant has informed
staff that its application for the Planned Development included a typo. According to the
application, the applicant was seeking a use departure from Section 13-10A-3.A of the
Zoning Regulations to permit a maximum floor area ratio (FAR) of .52 on the property.
In order to the construct the 5-story 144 room Hyatt House Hotel and the 4500 square
foot restaurant building as presented and in accordance with the plans that were presented
to the Planned Development Commission and the Board, the applicant needs a maximum
FAR of.564. Therefore, the Ordinance, as currently presented to the Board, would grant
the applicant permission to construct the development with a FAR of up to .564.
The correction of this typo does not: require any modification in the plans; impact any
approved setbacks; change the number or location of the required parking spaces or drive
aisles; or impact the overall locations of the buildings to be constructed on the Property.
REG BOT 012616 Agenda Item TDA-Hyatt
Page 1
The applicant will be present at the Board meeting to discuss this issue and answer any
questions the Board may have.
Recommendation:
The Board approves Ordinance S-1450.
REG BOT 012616 Agenda Item 7.D4-Hyatt
Page 2
ORDINANCE 2016-ZO-PUD-EX-S-1450
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(HYATT HOUSE HOTEL AND RESTAURANT—210 22nd Street)
WHEREAS, TMBG, LLC - Windsor ("Owner'l is the record title owner of the real
property located at 210 22nd Street within the Village's ORA-1 Office-Research-Assembly
Zoning District, and legally described in Exhibit A ("Property'); and
WHEREAS, Janko Group, LLC ("Applicant'), the contract purchaser of the Property,
desires to construct and maintain on the Property (i) a hotel containing up to 144 rooms and
related amenities ("Hotel"), (ii) an approximately 4,500 square foot restaurant building
("Restaurant Building'] with a drive-through, and (iii) site improvements (`Improvements')
(the Hotel, Restaurant Building, and Improvements are, collectively, the "Planned
Development'), which Planned Development is more fully described in the application attached
to, and hereby made a part of, this Ordinance as Exhibit B ("Application's; and
WHEREAS, with the consent of the Owner, and pursuant to Chapter 15 of the "Zoning
Ordinance of the Village of Oak Brook, Illinois of 1966," as amended ("Zoning Regulations'),
the Applicant has filed the Application with the Village seeking approval for a planned
development to construct on the Property the Planned Development; and
WHEREAS, the President and Board of Trustees conducted a preliminary review of the
proposed Planned Development at their September 8, 2015 meeting, at which time the
President and Board of Trustees directed the Village's Director of Community Development to
prepare a report on the Application for the Village's Planned Development Commission
("PDC' , and referred the Application to the PDC for the purpose of conducting a public
hearing; and
WHEREAS, pursuant to notice duly published in accordance with state law and Section
13-15-5C.2 of the Zoning Regulations, the PDC commenced and concluded a public hearing on
December 10, 2015, for the purposes of hearing and considering testimony on the Applicant's
request for approval of the Planned Development; and
WHEREAS, during the public hearing before the PDC, representatives of the Applicant
presented oral and written testimony, including without limitation the following exhibits:
1. Conceptual Drawing showing materials of the Hotel dated December 3, 2015;
2. Site Plan prepared by Norr, Ltd. and Kimley-Horn and Associates, consisting of 1
sheet and dated December 4, 2015;
3. Site Plan — Sign Locations prepared by Norr, Ltd. and Kimley-Horn and
Associates, consisting of 1 sheet and dated November 16, 2015;
4. Monumental Signage Plan prepared by Norr, Ltd. and Kimley-Horn and
Associates, consisting of 2 sheets and dated November 16, 2015;
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
Page 2 of 13
5. Building Signage Plan prepared by Norr, Ltd. and Kimley-Horn and Associates,
consisting of 1 sheet and dated November 16, 2015;
6. Ground Floor Plan prepared by Norr, Ltd. and Kimley-Horn and Associates,
consisting of 1 sheet and dated November 16, 2015;
7. Typical Floor Plan prepared by Norr, Ltd. and Kimley-Horn and Associates,
consisting of 1 sheet and dated November 16, 2015;
8. Elevations prepared by Norr, Ltd. and Kimley-Horn and Associates, consisting of
2 sheets and dated November 10, 2015;
9. Land Use Site Plan prepared by Kimley-Horn and Associates, consisting of 1
sheet and dated November 5, 2015;
10. Proposed Impervious Area Exhibit prepared by Kimley-Horn and Associates,
consisting of 1 sheet;
11. Preliminary Engineering Plans, consisting of a General Notes, a Demolition Plan,
Site Plan, Grading Plan, Utility Plan, Fire Truck Circulation Plan, Landscape
Plan, Landscape Notes and Details, and Photometric Plan, all prepared by
Kimley-Horn and Associates, consisting of 11 sheets and dated November 5,
2015;
copies of which are attached to, and by this reference made a part of, this Ordinance as Group
Exhibit C (collectively, the "Plans'l; and
WHEREAS, following the conclusion of the public hearing, the PDC adopted findings of
fact and recommended that the Village Board approve the Planned Development to permit the
development and operation of the Planned Development on the Property pursuant to the
resolution and recommendation letter attached hereto as Exhibit D; and
WHEREAS, the President and Board of Trustees, having considered the
recommendations of the PDC and being fully advised in the premises, have determined that the
Application satisfies the design standards set forth in Sections 13-15-313 and 13-15-3C of the
Zoning Regulations; and
WHEREAS, the President and Board of Trustees have further determined that it is in the
best interests of the Village and its residents to approve the Planned Development on the
Property pursuant to Section 13-15-5D of the Zoning Regulations, subject to the terms and
conditions of this Ordinance; and
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 hereby incorporated into and made a
part of this Ordinance as if fully set forth in this Section.
Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
Page 3 of 13
Village's Zoning Regulations and subject to the conditions set forth in Section 5 of this
Ordinance, the Planned Development shall be, and is hereby, approved to permit the
development and operation of the Planned Development on the Property.
Section 3: Zoning Mar) Notation. Pursuant to Section 13-15-7B of the Village's
Zoning Regulations, the Village Manager or his designee is hereby authorized and directed to
administratively note on the Village's official zoning map the existence and boundaries of the
Planned Development for the Planned Development approved pursuant to this Ordinance.
Notwithstanding provisions in the Zoning Regulations to the contrary, including but not limited to
Subsection 13-15-2(D), buildings and uses on the Property shall not be limited solely to those
approved as part of this Ordinance, in that the Property may continue to be used and improved
in accordance with the Zoning Regulations applicable to the underlying ORA-1 Office-Research-
Assembly Zoning District.
Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of
the Zoning Regulations, 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 Planned Development and the Property:
A. The provisions of Section 13-3-15E of the Zoning Regulations are hereby waived
to the extent necessary to allow for the permanent entryway canopy in front of
the Hotel's main entrance to be constructed to a height not to exceed
approximately 22 feet consistent with the Plans;
B. The provisions of Section 13-10A-3.A of the Zoning Regulations are hereby
waived to the extent necessary to allow for a maximum floor area ratio on the
Property of 0.564.
C. The provisions of Section 13-10A-3.C.1 of the Zoning Regulations are hereby
waived to the extent necessary to allow for:
1. the reduction in the required minimum front yard to approximately 90 feet
in depth along Windsor Drive; and
2. the reduction in the required minimum front yard to approximately 55 feet
in depth along 22nd Street;
D. The provisions of Section 13-12-3.H.2 of the Zoning Regulations are hereby
waived to the extent necessary to allow for:
1. off-street parking spaces to be located in the required yard and less than
25 feet from 22nd Street in a manner generally consistent with the Plans;
and
2. off-street parking spaces to be located in the required yard and less than
25 feet from Windsor Drive in a manner generally consistent with the
Plans; `
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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E. The provisions of Section 13-10A-2 of the Zoning Regulations are hereby waived
to the extent necessary to permit the Property to be used for a hotel and a stand-
alone restaurant.
Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of
this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by
the following conditions, the 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 in this Ordinance:
A. No Authorization of Work. No development, improvement, or use to be
undertaken on the Property pursuant to this Ordinance shall be commenced until
all of the following conditions have been satisfied: (i) passage, approval, and
publication of this Ordinance in pamphlet form in the manner provided by law; (ii)
the Applicant and Owner each have caused a duly authorized person to execute
and file with the Village the unconditional agreement and consent, in the form
attached hereto as Exhibit E and in the time frame required by Section 8 of this
Ordinance (as executed and filed, the .,Unconditional Agreement and
Consent'; and (iii) all other permits, app rovals, and other authorizations
applicable to such development, improvement, or use have been properly
applied for, paid for, and granted in accordance with applicable law.
B. Compliance with Laws. Except as specifically provided in Section 4 of this
Ordinance, all applicable ordinances and regulations of the Village shall apply to
the Planned Development and the Property. Further, the development and use
of the Planned Development and the Property shall be in compliance with all
laws and regulations of all other federal, state, and local governments and
agencies having jurisdiction over the Planned Development or the Property.
C. Compliance With Plans. The Planned Development shall be used, developed,
and operated in substantial conformance with the Plans and provisions of this
Ordinance, including, but not limited to, the Site Development and Use
Departures approved in Section 4 of this Ordinance.
D. Architecture of Restaurant Building. The Restaurant Building shall be
constructed with building materials, colors, and architectural design elements that
are consistent with the building materials, colors, and architectural design
elements of the Hotel
E. Berm. Notwithstanding anything contained in Section 5.0 of this Ordinance or
the Plans attached hereto, the Applicant must construct the berm to be located
along 22nd Street to a height of no less than four feet, measured from the top of
the 22nd Street curb, for the entire length of the berm.
4
F. Maintenance of Landscaging. The Applicant shall maintain all landscaping on
the Property, including, without limitation, the landscaping along 22nd Street,
substantially in accordance with the Landscape Plan that is included as part of
the Plans. As part of this obligation, the Applicant must replace, at the
appropriate time, any landscaping that is unhealthy or dies;
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
Page 5 of 13
G. Windsor Drive Access, The Applicant shall eliminate the southernmost vehicular
access driveway that currently provides access to the Property from Windsor
Drive.
F. Development of the Drive-through.
1. The Applicant may not construct or install on the Property a drive-through
to serve the Restaurant Building prior to the satisfaction of each of the
following:
a. The Applicant submits to the Village Director of Community
Development information identifying: (i) the user that would
operate the drive-through; and (ii) the proposed hours of operation
for the drive-through; and
b. The Village Board adopts a resolution approving the construction
or installation of the drive-through; provided that the Applicant, at
least 15 days, but not more than 30 days, prior to the meeting of
the Village Board at which the drive-through is considered, sends
written notice of the meeting by certified mail to all taxpayers of
record and residents for all property within 500 feet of the Property.
Such notification shall not be sent without the prior approval of the
Village Director of Community Development;
2. Until the Village Board grants the resolution approving the construction or
installation of the drive-through in accordance with Section 5.F.1.b of this
Ordinance, the Applicant shall periodically provide the President of the
York Woods Community Association written updates of its plans to use
the Restaurant Building, which updates shall include, without limitation,
information on prospective tenants for the Restaurant Building. The
Applicant shall send the Village Director of Community Development
copies of such updates. Nothing in this Section 51.2 shall be interpreted
to require the Applicant to provide confidential or proprietary information
to the York Woods Community Association that would harm the Applicant.
G. 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 development and use
of the Planned Development 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 preparation, review,
consideration and, approval of the Planned Development and this
Ordinance in accordance with the Village Code.
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An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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4. Applicant, or any future owner of the Property, as applicable, 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. In addition to any other remedies and rights available to the Village, any
amount owed by Applicant, or by any future Owner, under this Section
5.G that is not paid within sixty (60) days after delivery of a demand in
writing for such payment shall, along with interest and the costs of
collection, become a lien upon the Property (or that portion of the
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.
H. Transferees. The rights and obligations set forth in this Ordinance shall be
binding on the Applicant and upon any and all of such Applicant's heirs,
successors, and assigns, and upon any and all successor legal or beneficial
owners of all or any portion of the Property. To the extent that a successor
becomes bound to the obligation created herein pursuant to a transferee
assumption agreement reasonably acceptable to the Village, and such successor
demonstrates to the Village that it has the financial viability to meet the
obligations herein, the Applicant shall be released from its obligations under this
Ordinance to the extent of the transferee's assumption of such liability. The
failure of the Applicant to provide the Village with an enforceable transferee
assumption agreement as herein provided shall result in the Applicant remaining
fully liable for all of its obligations under this Ordinance but shall not relieve the
transferee of its liability for all such obligations as a successor to the Applicant.
F. Violations. Any violation of this Ordinance shall be deemed a violation of the
Zoning Regulations and shall be subject to enforcement proceedings under the
Zoning Regulations.
Section 6: Amendments. Any major or 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 Regulations for the granting of such Planned Development
amendments.
Section 7: Failure to Comply With Conditions. Upon the failure or refusal of the
Applicant or any other Owner to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted pursuant to this Ordinance shall, at the discretion of the President and Board
of Trustees, by ordinance duly adopted, be revoked and become null and void.
i
Section 8: Effective Date. This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in pamphlet form in the manner provided by law;
provided, however, that this Ordinance shall be of no force or effect unless and until Applicant,
as the sole current Owner, has caused a duly authorized person to execute and file with the
Village the Applicant's Unconditional Agreement and Consent, in the form attached hereto as
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
Page 7 of 13
Exhibit E. If the Applicant does not file its Unconditional Agreement and Consent with the
Village within 60 days following the passage of this Ordinance, or within such greater time as
the Village Board may approve by motion, the Village Board may, in its discretion and without
public notice or hearing, repeal this Ordinance and thereby revoke the approvals granted in this
Ordinance. Upon this Ordinance having full force and effect, the Village Clerk shall cause this
Ordinance and the Unconditional Agreement and Consent to be recorded against the Property
in the Office of the Du Page County, Illinois Recorder of Deeds.
APPROVED THIS 26th day of January, 2016.
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of January, 2016.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The subject property is located at 210 22nd Street in Oak Brook, Illinois and the legal description
is as follows:
LOT 1 OF AMERICAN CAN COMPANY ASSESSMENT PLAT OF PART OF THE
SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT 905851, EXCEPT THAT
PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID LOT 1; THENCE SOUTH 89 DEGREES 44 MINUTES 14 SECONDS
EAST, ALONG THE NORTH LINE OF SAID LOT 1, 22.0 FEET; THENCE SOUTH 30
DEGREES 18 MINUTES 51 SECONDS WEST, 43.90 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 1; THENCE NORTH 0 DEGREES 14 MINUTES 24 SECONDS EAST,
ALONG THE WEST LINE OF SAID LOT 1, 38.0 FEET TO THE POINT OF BEGINNING;
ALSO EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 0
DEGREES 14 MINUTES 24 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 1,
158.05 FEET; THENCE SOUTH 5 DEGREES 23 MINUTES 34 SECONDS EAST, 132.45
FEET; THENCE SOUTH 39 DEGREES 42 MINUTES 47 SECONDS EAST, 34.26 FEET
TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 44
MINUTES 14 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 35.0 FEET
TO THE POINT OF BEGINNING, ALSO EXCEPT THEREOF THAT PORTION FALLING
WITHIN 22ND STREET, IN DU PAGE COUNTY, ILLINOIS. PIN: 06-24-404-012.
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An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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EXHIBIT B
APPLICATION
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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EXHIBIT C
PLANS
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An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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EXHIBIT D
PDC RECOMMENDATION
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
Pursuant to Section 8 of Village of Oak Brook Ordinance No. 2016-ZO-PUD-EX-
S-1450 (the "Ordinance'l, and to induce the Village of Oak Brook to grant the
approvals provided for in such Ordinance, the undersigned acknowledge for themselves,
and for their respective corporate successors and assigns in title to the Property, that
they:
1. have read and understand all of the terms and provisions of the
Ordinance;
2. hereby unconditionally agree to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance, and to all
other provisions of the "Zoning Ordinance of the Village of Oak Brook,
Illinois of 1966," as amended, and all other codes, ordinances, rules, and
regulations that are applicable to the use, development, improvement,
and operation of the property subject to the Ordinance;
3. acknowledge and agree that the Village is not and shall 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, and
that the Village's issuance of any permit does not, and shall not, in any
way, be deemed to insure the undersigned against damage or injury of
any kind and at any time;
4. acknowledge that the public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance;
5. 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 of such
parties with respect to the Property and the Village's adoption of the
Ordinance or granting the approvals set forth in the Ordinance, except as
may arise as a result of the Village's gross negligence or willful
misconduct;
6. represent and acknowledge that the persons signing this Unconditional
Agreement and Consent are duly authorized to do so on behalf of the
respective undersigned; and
7. consent to the recordation of the Ordinance and this Unconditional
Agreement and Consent by the Village Clerk with the Office of the Du
Page County, Illinois Recorder of Deeds against the property subject to
the Ordinance.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2016-ZO-PUD-EX-S-1450
An Ordinance Approving A Planned Development
(Hyatt House Hotel and Restaurant Planned Development)
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TIVIBG, LLC -WINDSOR
By:
Its:
Janko Group, LLC
By:
Gary R. Janko
Its: Manager
Effective Date of Unconditional Agreement and
Consent: , 2016