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S-1226 - 01/22/2008 - ZONING - Ordinances-p �I FRED BUCHOLZ DUPAGE COUNTY RECORDER FEB.28,2008 4:12 PM OTHER 06 -26- 101 -007 Z- t9'PAGES R2008- 032034 4- (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2008- ZO -V -S -1226 AN ORDINANCE GRANTING A VARIATION FOR THE CONSTRUCTION OF A PARKING LOT AND RELATED IMPROVEMENTS AT 1400 KENSINGTON ROAD IN THE VILLAGE OF OAK BROOK Property Address /es 1400 KENSINGTON ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -26- 101 -007 Name & Address of Applicant: ADVOCATE HEALTH & HOSPITALS CORPORATION 2025 WINDSOR DRIVE, OAK BROOK, IL 60523 Name & Address of Responsible ADVOCATE HEALTH & HOSPITALS CORP /GARY LITTLE Party to Receive Copy of 2025 WINDSOR DRIVE Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A � � - Return'To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2008- ZO -V -S -1226 AN ORDINANCE GRANTING A VARIATION FOR THE CONSTRUCTION OF A PARKING LOT AND RELATED IMPROVEMENTS AT 1400 KENSINGTON ROAD IN THE VILLAGE OF OAK BROOK (PIN 06 -26- 101 -007) WHEREAS, an application has been filed by the property owner, Advocate Health and Hospitals Corporation (the "Petitioner "), requesting a variation to Section 13- 12 -3H -2 of the Zoning Ordinance to allow the construction of a parking lot and related improvements at 1400 Kensington Road, Oak Brook, Illinois, and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions, and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variation, 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 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is hereby granted a variation to Section 13- 12 -3H -2 of the Zoning Ordinance to allow the construction of a parking lot and related improvements at 1400 Kensington Road, Oak Brook, Illinois, subject to the following conditions The development shall be in substantial conformance with the revised site plan on Page H (prepared by Cowhey Gudmundson Leder, Ltd Dated November 8, 2007, revised landscape plan on page I, and the Typical Section plan on page 10 (prepared by Cowhey Gudmundson Leder, Ltd dated December 4, 2007) of the case file 2 The parking lot lighting shall comply with the Village Code requirement of 5 foot - candle at the property line 3 The Petitioner shall comply with all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance Section 3 The variation and the scope of this ordinance are limited and restricted to the property located at 1400 Kensington Road, which is legally described as follows Ordinance 2008- ZO -V -S -1226 Advocate 1-11th Var 1400 Kensington Rd , Oak Brook 06 -26- 101 -007 Page 2 of 2 LOT 11 IN CORPORATE PLAZA SUBDIVISION UNIT TWO OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID CORPORATE PLAZA SUBDIVISION UNIT TWO, RECORDED AUGUST 10, 1972 AS DOCUMENT NUMBER R72- 46895, IN DU PAGE COUNTY, ILLINOIS Permanent Index Number 06 -26- 101 -007 Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 22nd day of January, 2008 PASSED THIS 22nd day of January, 2008 Ayes Trustees Carson Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays None Absent None � �� "�; y„'„F X�y0..• �Ftb 4 rw F,' yr fit* sC f �YlQ ATTEST Charlotte K Pruss Village Clerk G� Of OAk P 9 0 co e - � G p 9�F COUNTI,��� AGENDA ITEM Regular Board of Trustees Meeting of January 8, 2008 SUBJECT: Advocate Health and Hospitals Corporation— 1400 Kensington Road—Variation FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-12-311.2 of the Zoning Ordinance in order to construct a new 87 space parking lot in the 100-foot side yard along Kensington Court subject to the following conditions: �y 1. The development shall be in substantial conformance with the plans as submitted on pages ,I and 10 of the case file. , The 39 t will comply with all Village lighting standards at time of building permit '�,�llp�i `5 application. k/3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all �a Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 22,2008 Board of Trustees meeting. Backaround/History: At its meetings on December 4, 2007, the Zoning Board of Appeals held the required public hearing and completed its deliberations on a request from Advocate Health and Hospitals Corporation, the owner of the property at 1400 Kensington Road seeking approval of a variation to Section 13-12-3H-2 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit the construction of a new 87 space parking lot on the east side of the property which is located in a side yard setback of Kensington Court. The building setback for properties in the ORA-1 District is 100 feet. However, Section 13-12- 3H-2 permits the construction of a maximum of six (6) parking spaces within a setback adjacent to a street subject to the provision of a setback of at least 25 feet. Last saved by G POLANEK J:\1-FROM BOB\Bot-PC-ZBAWT-Rec-AdvocateHealth-1400 Kensington-VAR-Jan2008.doc 1. / The new parking spaces are needed to accommodate the parking demand of the planned build-out of the building's lower level. To minimize the visual impact on the adjacent properties, the applicant is proposing that a berm and landscaping be installed within the 25 foot setback between the new parking lot and Kensington Court. Recommendation -Variations On December 4, 2007, by a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to Section 13-12-3H-2 of the Zoning Ordinance to permit the construction of an 87 space parking lot in a side yard abutting a street subject to the following conditions: 1. Development is to be in substantial conformance with the revised site plan on page H (Prepared by Cowhey Gudmundson Leder, Ltd. dated November 8, 2007); revised landscape plan on page I; and the Typical Section plan on page 10 (Prepared by Cowhey udm undson Leder Ltd. dated December 4, 2007) of the case file. OG The proposed parking lot lighting must meet the Village Code requirement of .5 foot- candle at the property line. 3. Include the provision, "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Kensin an2008.doc 2. Last saved by GPOLANEK JAI-FROM BOB\Bot-PC-ZBA\BOT-Rec-Ad vocateHealth-1400 Kensington-VAR-J 6t OF 044, P e9 0 9 A 2 q � C � C0°"TV ' January 3, 2008 Village of Oak Brook Village President Craig and Board of Trustees Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org Administration SUBJECT: Advocate Health and Hospitals Corp.— 1400 Kensington Road— 630.368.5000 Variation — Parking Regulations to Allow Construction of More Than FAX 630.368.5045 Six Parking Spaces in the Side Yard Adjoining a Street Community Development Dear President Craig and Board of Trustees: 630.368.5101 FAX 630.368.5128 Background At its meeting on December 4, 2007, the Zoning Board of Appeals held the required Engineering public hearing and completed its deliberations on a request from Advocate Health and Department 630.368.5130 Hospitals Corporation, the owner of the property at 1400 Kensington Road seeking FAX 630.368.5128 approval of a variation to Section 13-12-3H-2 of the Zoning Ordinance. Specifically, Fire Department the applicant is seeking a variation to permit the construction of a new 87 space 630.368.5200 parking lot on the east side of the property which is located in a side yard setback FAX 630.368.5251 adjacent to Kensington Court. Police Department Section 13-12-3H-2 permits the construction of a maximum of six (6) parking spaces 630.368.8700 FAX 630.368.8739 within a setback adjacent to a street, subject to a minimum 25 foot setback from the lot line. Public Works Department The new parking spaces are needed to accommodate the parking demand of the 630.368.5270 FAX 630.368.5295 planned build-out of the building's lower level. A portion of the build-out will be used for employee training and will require more parking than required for office use. Oak Brook If approved the parking ratio will be approximately 4.2 spaces per 1000 square feet. Public Library To minimize the visual impact on the adjacent properties, the applicant is proposing that a berm and landscaping be installed within the 25 foot setback between the new 600 Oak Brook Road parking lot and Kensington Court. Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 Public Comment All interested parties were notified of the public hearing. No one spoke in favor or in Oak Brook Sports Core opposition to the proposed variation. Bath&Tennis Club Recommendation 700 Oak Brook Road On December 4, 2007,by a vote of 6 to 0, the Zoning Board of Appeals found that the Oak Brook,IL 60523-4600 630.368.6420 applicant addressed and satisfied the requirements for approval of a variation to FAX 630.368.6439 Section 13-12-3H-2 of the Zoning Ordinance to permit the construction of additional Golf Club parking in a side yard abutting a street subject to the following conditions: 2606 York Road Oak Brook,IL 60523-4602 1. Development is to be in substantial conformance with the revised site plan on 630.368.6400 page H (Prepared by Cowhey Gudmundson Leder, Ltd. dated November 8, FAX 630.368.6419 /3. January 3, 2008 President Craig and Board of Trustees RE: Advocate Health— 1400 Kensington—Variations Page 2 2007); revised landscape plan on page I; and the Typical Section plan on page 10 (Prepared by Cowhey Gudmundson Leder, Ltd. dated December 4, 2007) of the case file. 2. The proposed parking lot lighting must meet the Village Code requirement of .5 foot-candle at the property line. 3. Include the provision, "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours Chatan avis Chai Zoning Board of Appeals ZBAChairlet ter-Advocate-ParkingLot-1400 Kensington-VAR-2007.doc • Ppt F OgKe � 9 O fq G 4 v UNT`1 •� VILLAGE OF OAK BROOK Interoffice Memorandum DATE: December 18, 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E.,Village Enginee;r� SUBJECT: 1400 Kensington Road—Variation—ORA-1 District Phil and I have reviewed the re-submittal received on December 6, 2007. It appears that the four outstanding comments from our last memo of November 26, 2007 have been addressed. There are no major engineering issues that need to be addressed with the variation request. Please note that additional items may come up during the detailed permit review process. If any submitted drawings are used as exhibits to ordinances, a note should be added within the ordinance to the effect that: Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. This would prevent an applicant from forcing the Village to issue a permit based on sub-standard items that may be depicted on the drawings (these types of drawings are usually conceptual in nature and do not contain the detail necessary for a full review regarding building permit items). 1400 Kensington Parking 3rd.doc �j • VARIATION MOTION Chairman Davis noted that the applicant had addressed the variation standards factors required as presented in their testimony. Motion by Chairman Davis, seconded by Member Krietsch to recommend approval of the request to allow the front yard setbacks to be reduced to 30 feet and for the side yard setback of Lot 1 to be reduced to 30 feet. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0— Motion Carried. U ADVOCATE HEALTH AND HOSPITALS CORPORATION — 1400 ADVOCATE HEALTH AND KENSINGTON ROAD — VARIATION — PARKIN REGULATIONS HOSPITALS SING ON TO ALLOW CONSTRUCTION OF MORE THAN SIX PARKING - VARIATION - SPACES IN THE SIDE YARD ADJOINING A STREET PARKING REGULATIONS Chairman Davis swore in all parties that would provide testimony. Jim Slinkman, Associate General Counsel with Advocate Health Care reviewed the request. Advocate Health Care is a faith based not-for-profit 5016 corporation. They have been a corporate citizen and have had their corporate offices located in Oak Brook for 25+ years. They are located at 2025 Windsor Drive. As their organization has grown over the last 25 years, they merged in 1995 with Lutheran General Health Systems and brought on additional employees. As part of a growing organization, they have outgrown their building at 2025 Windsor. Over the years, they have leased a number of spaces throughout the Oak Brook area. In June of 2006, they acquired the property at 1400 Kensington as a second Oak Brook corporate office. They are seeking a variation to a side yard parking restriction. The existing building is located directly west of the Oak Brook Post Office. The building was acquired with the intention of converting some of the lower level space to classroom space for the employees. Previously the former owner used the space as a storage and kitchen area. They also intend to create additional office space in the lower level as well. The lower level has a walkout feature and is window lined. They are proposing to build an additional 87 parking space parking lot in the area adjacent to Kensington Court, which is also consistent with parking available for the Oak Brook Post Office, which also has parking in the side yard along Kensington Court. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 24 December 4, 2007 /7 VARIATION STANDARDS Mr. Slinkman addressed the variation standards as follows: 1. d. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: The purpose of their company acquiring the property was to consolidate as many of their leased spaces throughout the Oak Brook area into a second corporate office building. They are not only bringing in employees in the Oak Brook area but also from their many hospitals in the Chicago area to do employee training. Without the additional parking spaces, they would not be able to utilize the buildings 85,550 square feet. They would not be able to accommodate their Human Resources Organizational Development Department to build classroom spaces. Typical office building and space would have offices, cubicles, desks, furniture so that the required parking would be 3 spaces per 1000 square feet of office space. With classroom space, where there are just chairs, there is a higher concentration of individuals which correlates to a higher number of automobiles, which is why they need the additional parking spaces. There is nowhere else on the site to locate additional parking and they did not want to put it along the front of the building. 1. e. The plight of the owner is due to unique circumstances. RESPONSE: They believe that this property and the Oak Brook Post office are the only two properties that have two street frontages in the corporate plaza subdivision. After all possible options were reviewed, locating the parking lot in the side yard was the most feasible solution to the problem. The original owners did not have this problem since they did not use the building to its full allowable potential. They had office space on the first and second floor and the ground space was not utilized. The Village does not allow parking along Kensington or Kensington Court and there is no other usable parking space. 1. f. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The area is completely commercial; there is no residential area that would be impacted by this request. The parking would also be consistent with what exists for the surrounding buildings. They all have side yard parking lots, but do not have the street. The additional landscaping will help to block the parking lot from other commercial residents and would be an improvement from its current state. The parking is consistent with that of the Post Office. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1188 of 24 December 4, 2007 0 i • 2. g.The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: Advocate purchased the property to consolidate similar departments under one roof and to be closer to its main headquarters at 2025 Windsor. If the additional parking spaces were not allowed, they would not be able to move all of their necessary departments into the building and would require them to continue leasing office space throughout the surrounding Oak Brook area and would incur additional and unnecessary leasing expenses. 2. h.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The property and the Post Office are the only two properties in that area with two street frontages. Without the variation, the building could not be utilized at its existing maximum capacity. Classroom space requires additional parking because of the number of people. 2. i. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: They do not believe that the variation would be detrimental due to the fact that surrounding buildings are ORA commercial buildings, with no surrounding residential buildings. The surrounding buildings have surface parking lots and this would be very consistent with the other parking areas. They have taken the opportunity to talk to their neighbors. They talked to the Post Office and they had absolutely no problem with the proposal and Ace Hardware which is located at the end of Kensington Court and they also did not have a problem with this request. 2.j. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The proposal will not impact light or air because it is a surface parking lot. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 24 December 4, 2007 2. k.That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: Advocate is a faith based 5016 corporation so they are not looking to make money out of this property. They are looking to use the property as a corporate office and to use it to its full capacity. 2. 1. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property RESPONSE: They were told at the time of sale that they could add a third story to the building, but they are looking to utilize the existing size of the building as it currently is and the difficulty has not been created by them. Chairman Davis questioned the existing number of parking spaces. Randy Anderson, EIT, Cowhey Gudmundson Leder, Ltd., responded that there are 292 and 5 handicapped parking spaces. They lost a few stalls and are bringing the stalls up to current ADA requirements. They are proposing 84 along with 3 new handicapped parking spaces. The final plan will have 370 regular spaces and 8 handicapped spaces. Chairman Davis noted that the property is currently in compliance with the required number of parking spaces for the building square footage and asked how the area they intend to use for parking is currently used. Mr. Slinkman responded that they comply with the minimum requirements. The area is currently used as green space. Chairman Davis questioned who the neighbors were in closest proximity to their building. Mr. Slinkman responded that Ace Hardware and the Post Office were their closest neighbors. To the west is an office building and to the south are the soccer fields. Chairman Davis noted that in addition to the office use, the applicant is seeking to provide additional parking for classroom use, which has more people in the room than an office use, so more parking is needed primarily for that. Member Bulin asked how the number was calculated. Gary Little, Director of Facilities and Construction, Advocate Health Care VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 20 of 24 December 4, 2007 ti responded that the additional parking space for the classroom spaces was based on the number of seats in the classroom area. Member Ascher questioned whether they were currently using any part of the building for classroom space, and if they had a parking problem at this time. Mr. Slinkman responded that the building is currently about half full and there is not a parking problem. They occupy the second floor and some of the first floor. As their leases are coming due, they will not renew them and are filling the building right now. They anticipate a problem would start to occur as the leases come due and as they build out the classroom space in the lower level. Member Bulin questioned the location of the entry for the new parking. He also questioned a potential problem with the location of ADA parking spaces that is a dead end with no turn around. Mr. Slinkman responded that there are two doors with key card access. They do not see a potential problem with the ADA parking spaces. Member Bulin questioned whether there was an inventory of the existing trees. Justin Moshure, O'Donovan Landscaping, Naperville, Illinois responded that they do not have an exact inventory for the trees; however, some trees would need to be removed for the construction of the parking lot. If they are fair trees, they may be movable but they have not seen what type exist there. Some times large plants do not transplant well and it can be costly. Chairman Davis noted that the landscape plan indicates many more plantings than currently exists. Member Bulin noted that they would be much smaller plantings. Member Young said that in a way, the Village has created a plight for the applicant by shutting off parking on Kensington so they cannot park on the street. Chairman Davis noted that in a sense the building is being redeveloped and may be consistent with the Village's revitalization plan. Mr. Slinkman responded that the ground floor was gutted and will be renovated. Trustee Sanford said that the plan is somewhat consistent with the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 21 of 24 December 4, 2007 Revitalization Plan by making the building more usable and functional. Additional parking would improve their overall parking and it has been recognized that some of the older office buildings need additional parking to potentially get up to the desired 5 parking spaces per 1000 square feet. Mr. Slinkmman noted that they built a new parking deck for their property at 2025 Windsor at a great expense. As employees come to an office, they expect to find a place to park and people were driving around the parking lot for 20 minutes trying to find a space and when they could not find would, they would end up parking on their neighbors' property. The neighbors did not like it as well as their employees,which in turn did not make them happy as well. Director of Community Development Kallien said that the parking standard for office space in the Village is 3.3 spaces per 1000 square feet and the building technically meets that with the available number of existing spaces. However, the existing standard is a minimum. Many of the more modern and new construction office buildings provide at least 5 parking spaces per 1000 square feet. What the applicant is seeking is not out of character for a modern office building. When the new spaces are factored in the parking ratio is about 4.2 per 1000 square feet. Over the last few years the Zoning Board of Appeals recommended approval and the Village Board approved at least two variations for similar requests. One was at 2020 Swift where additional parking was added in the front and they provided a nice landscape berm. The second case was at 814 Commerce and that building was at 3.3 and needed additional spaces. This request is consistent with those requests. Member Ascher commented that when he visited the site he observed that the two buildings to the west require a certificate in the car window to park there, so parking spaces are at a premium. The existing green space was the only green space that was visible on that side of the street. We should allow more parking spaces and it is hard to require a deck, however somewhere along the line we have to think of Oak Brook and its open green space. Member Krietsch asked if the cost of a deck was explored. Mr. Slinkman responded that when they built the deck at their other building about 7 years ago it was about $2.5 million. Parking decks are tremendously expensive. Director of Community Development Kallien said that a parking deck is about $15-20,000 per space so to add 87 spaces would probably be around $2 million. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 22 of 24 December 4, 2007 //e Mr. Little said that experience lead them to the proposal and the request for surface parking. Mr. Anderson said that they understand not wanting to see a sea of parking. Under the existing conditions, Kensington Court is slightly higher than the finished floor of the existing building so it actually slopes toward the building. The area would be graded to keep up with that. Also, a berm has been added that is typically 3-foot high along with landscape plantings to provide a screen so that the parking surface will not be completely visible. Member Nimry asked how much more traffic would be expected on Kensington when they are fully operational. He also questioned whether there would be any anticipated safety issues with the children using the soccer fields and should any stop signs be added to slow down traffic. Director of Community Development Kallien said that when the ORA-1 FAR is applied to this property, it could have a 122,000 square foot building on the site. He did not believe the additional numbers of cars would be detrimental to the soccer use. The Village could keep any traffic concerns on its radar screen to see that the traffic does not create a safety issue for the children. Mr. Slinkman responded that there is an existing three-way stop sign on Kensington Court. Director of Community Development Kallien said that the Village Engineer comments on page 8 are normal comments raised by him in order for the applicant to qualify for a building permit. Member Ascher asked which of the buildings allows parking for the use at the soccer fields. Director of Community Development Kallien responded that the agreement was with Ace Hardware. On weekends, when Ace Hardware is not in operation they can park on its lot. Chairman Davis said that it appears that the standards for a variation have sufficiently been addressed by the applicant and o recommend approval Motion by Member Young, seconded by Member Nimry to recommend approval of the requested variations to allow the construction of more than 6 parking spaces in the yard abutting the street as submitted, subject to the following conditions: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 23 of 24 December 4, 2007 100'� /Xie 1. Development to be in substantial conformance with the revised site plan on page H (Prepared by Cowhey Gudmundson Leder, Ltd. dated November 8, 2007); revised landscape plan on page I; and the Typical Section plan on page 10 (Prepared by Cowhey Gudmundson Leder, Ltd. dated December 4, 2007) of the case file. 2. The parking lot lighting to meet the Village standards of.5 foot candles at the property line. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0— Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS RESCHEDULE JANUARY 1 2008 REGULAR MEETING TO JANUARY 7, REscHEDuL.E JANUARY 1, 2008 2008 MEETING Gail Polanek advised the Zoning Board members that the Regular Zoning Board of Appeals Meeting date of January 1, 2008 falls on the New Years Day holiday. Following a discussion of possible alternate dates, it appeared that only four members could be present for the proposed rescheduled January meeting. The only matter on the agenda for the next meeting would have been Starbucks. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Ascher, seconded by Member Krietsch to adjourn the meeting at 9:35 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien,D' ector ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 24 of 24 December 4, 2007 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: November 28, 2007 FILE NOS: 2007-034-ZO-VAR DESCRIPTION: Variation to Section 13-12-3H-2 of the Zoning Ordinance to permit the construction of new parking lot in a side yard adjoining a street that exceeds the number of parking spaces allowed. PETITIONERS: Advocate Health and Hospitals Corp. LOCATION: 1400 Kensington Road ACREAGE: 5.79 acres EXISTING ZONING/USE: ORA-1, Office-Research-Assembly District, presently improved with a two story office building with an unimproved lower level. ZONING/USE OF SURROUNDING PROPERTY: North: ORA-1, Office-Research-Assembly District, office buildings. South: ORA-1, Office-Research-Assembly District, soccer fields. East: ORA-1, Office-Research-Assembly District, office buildings. West: ORA-1, Office-Research-Assembly District, office buildings. DISCUSSION: Advocate Health and Hospitals Corporation, the owner of the property at 1400 Kensington Road has submitted a petition seeking approval of a variation to Section 13-12-3H-2 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit the construction of a new 87 space parking lot on the east side of the property which is located in a side yard setback of Kensington Court. The building setback for properties in the ORA-1 District is 100 feet. However, Section 13-12-3H-2 permits the construction of a maximum of six (6) parking spaces within a setback adjacent to a street subject to the provision of a setback of at least 25 feet. The new parking spaces are needed to accommodate the parking demand of the planned build-out of the building's lower level. To minimize the visual impact on the adjacent properties, the applicant is proposing that a berm and landscaping be installed within the 25 foot setback between the new parking lot and Kensington Court. 1 STAFF REPORT—VARIATION—PARKING LOT ADVOCATE HEALTH CARE-1400 KENSINGTON ROAD CASE No.2007-034-VAR Please see the materials provided by the petitioner in the case file for a more detailed description of this request. Within this information, the applicant has provided a detailed site plan, a landscape plan and photometric plan. Staff Comments: 1. Please see comments raised by Village Engineer Durfey in his memorandum dated November 5 and November 26, 2007. 2. The proposed parking lot lighting must meet the Village Code requirement of.5 foot-candle at the property line. 3. Similar requests for variations have been approved in the recent past to accommodate additional parking (814 Commerce and 2020 Swift). RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on the requested variation. Please include in your consideration, specific findings with respect to the standards in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board of Appeals were of the opinion that the applicant has satisfied the requirements for approval of the requested variations, a recommendation would be in order to approve these requests as presented. Specific conditions, which might be appropriate for inclusion in a recommendation, include: 1. The development shall be in substantial conformance with the plans as submitted. 2. The proposed parking lot lighting must meet the Village Code requirement of.5 foot-candle at the property line. 3. Add the condition "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Respectfully Submitted, Robert L. K44'n Jr., A P Director of C y Development 2 OF 0446,� • d 0 A O V� FF�DUNTV. � VILLAGE OF OAK BROOK Interoffice Memorandum DATE: November 26, 2007 I i TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E.,Village Engine � SUBJECT: 1400 Kensington Road—Variation—ORA-1 District Phil and I have reviewed the re-submittal received on November 14, 2007 in which most of our comments were addressed. After reviewing the drawings,these items were observed: 1. A "Stormcepter" device was chosen as the water quality improvement for the run-off from the proposed parking lot. Additional construction details, a maintenance schedule, and a recordable document will need to be submitted with the permit application. 2. The requirement of two Village benchmarks was not accomplished. 3. The photometric drawing should extend to the property lines. 4. The standards and details used in the standards and details section of these plans shall be from the Public Works Construction Standards. The applicant in his letter stated that they will purchase it and details from that included in the permit submittal. These items are minor and can be taken care of with the building permit application. There are no major engineering issues that need to be addressed regarding the variation request. If any submitted drawings are used as exhibits to ordinances, a note should be added within the ordinance to the effect that: Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. This would prevent an applicant from forcing the Village to issue a permit based on sub-standard items that may be depicted on the drawings (these types of drawings are usually conceptual in nature and do not contain the detail necessary for a full review regarding building permit items). 1400 Kensington Parking 2nd.doc Public Notice • NOTICE HEREBY a GIVEN that a public hear- Ing before the Zoning Board of Appeals of the Village of Cook Counties,Illliinois,will be held on December 4,2007 CERTIFICATE OF PUBLICATION at 7:30 p.m. in the Samuel E.Dean Board Room of the Paddock Publications, Inc. Butler Government Center, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois for the Daily Hera purpose of considering ing the application of Advocate Health$Hospitals Corpora- tion, 2025 Windsor Drive, Oak Brook, IL 60523 for a Corporation organized and existing under and by virtue of the laws of under iTitle 13 of thed Zoning the State of Illinois, DOES HEREBY CERTIFY that it is the publisher Ordinance Oak i"Brook f Illinois11aOrdi of the DAILY HERALD. That said DAILY HERALD is a secular "The Pettionenr Is seeking newspaper and has been circulated daily in the Village(s) of approval of a variation to Zoning Section Ordinance of the Addison Bensenville Bloomingdale Carol Stream Glendale Heights Zoning Ordinance to allow + + + ' ' the construction of a park- Ing lot In a side yard adjoin- Glen Ellyn,Itasca, Keeneyville,Lisle, Lombard, Medinah, Naperville, ing the street that exceeds the spaces maximum wed. six parking Oak Brook Oakbrook Terrace Roselle Villa Park Warrenville spoces allowed. + + + ' ' The property may be gen- erally described as 1400 West Chicago, Wheaton, Winfield, Wood Dale Kensington Road Oak Brook, Illinois, 605113, with the legal description as fol- lows: LOT 11 IN CORPORATE PLAZA SUBDIVISION UNIT TWO OF PARTS OF BROOK ANINVESTMOAK COMPANY ASSESSMENT PLAT No. 3 OF PART OF SECTION 26,TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCI- PAL MERIDIAN ACCORD- ING TO THE PLAT OF SAID CORPORATE PLAZA SUBDIVISION UNIT `fWO, RECORDED AUGUST 10,1972 AS DOCU- MENT NUMBER R72- 466895 IN DUPAGE COUNTY, ILLINOIS. PIN 06.26.101-007 All persons desiring to be heard will be afforded on op- portunity to do so and may submit their statements orally or in writing or both. The hearing may be re- cessed to another date if no- tice of time and place thereof is publicly an- nounced at the hearing or Is given by newspaper pubs) and State of Illinois continuously for more than one year prior to the Publi- cation not less than five(5) + days prior to the date of the recessed hearing. date of the first publication of the notice hereinafter referred to and is of In accord with the provl- sions of the American with general circulation throughout said Village(s), County(ies) and State. Disabilities Act, any indi- vidual who is in need of a reasonable accommodation In order to participate in or I further certif that the DAILY HERALD is a newspaper as defined in benefit from attendance at y this public meeting should contact the Vi llage's ADA an Act to revise the law in relation to notices" as amended in 1992 Coordinator, at 6ble a fore Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a as soon as possible before the meeting date. notice of which the annexed printed slip is a true copy, was published The petitioner's applica- Clerk on with a Director loge November 15, 2007 in said DAILY HERALD. Clerk and with the Director of Community Develop- ment. Persons wishing to examine the arrange f0 dos IN WITNESS WHEREOF, the undersigned, the said PADDOCK with the Director of Com- munity Development, Rob- PUBLICATIONS, Inc., has caused this certificate to be signed by, this ert Kallien, Village of Oak Brook, 1200 Oak Brook authorized agent, at Arlington Heights, Illinois. Road,Oak Brook, IL 60523, telephone 630-369.5103. Charlotte Pruss Village Clerk PADDOCK PUBLICATIONS, INC. the Corp at the direction of and Corporate Board of Ao DAILY HERALD NEWSPAPERS seeats of the Village of Oak prook, DuPage and Cook Counties,IIIlnois. Published in Dally Herald Nov.15,2007(4006751)S BY Aj Authorized Agent Control# T4006751 6� of 04.t P d 90 � t � A C y G O A "OUNTV November 15, 2007 Village of Oak Brook Dear Resident: 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website The Oak Brook Zoning Board of Appeals and the Village Board will be considering a www.oak-brook.org variation at the meetings scheduled on the back of this notice. Administration 630.368.5000 The application has been filed by: Advocate Health and Hospitals Corp. FAX 630.368.5045 2025 Windsor Drive Oak Brook, IL 60523 Community Development 630.368.5101 The property in question is located at: 1400 Kensington Road FAX 630.368.5128 Relationship of applicant to property: Owner Engineering Department 630.368.5130 The request, which has been made, is as follows: The petitioner is seeking the FAX 630.368.5128 approval of a variation to Section 13-12-3H-2 of the Zoning Ordinance to allow the construction of a parking lot in the side yard adjoining a street that exceeds the Fire Department 630.368.5200 maximum number of six parking spaces allowed. The petitioner is making the FAX 630.368.5250 request in order to accommodate an anticipated work force that will occupy the building. Police Department 630.368.8700 Also included in this notice is a map* of the area to assist you in determining your FAX 630.368.8739 relationship to the property in question. Attached is a reduced copy of the proposal Public Works for your convenience. Department 630.368.5270 The plan can also be viewed on the village website under: Our Village Services, FAX 630.368.5295 Departments, Community Development Department, Planning and Zoning page, Oak Brook Upcoming Hearings at www.oak-brook.oEg. If you need help accessing the site, Public Library please call our department at the number below for assistance. 600 Oak Brook Road If you desire more detailed information, please contact the Community Development Oak Brook,IL 60523-2200 Department at 630-368-5103 to review the file on this application. 630.368.7700 FAX 630.368.7704 Sincerely, Oak Brook Sports Core � .• Bath&Tennis Club 700 Oak Brook Road Robert L. K ,AICP Oak Brook,IL 60523-4600 Director of Community Development 630.368.6420 FAX 630.368.6439 RLK/gp Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center located on Oak Brook Road(31st Street) and Spring Road, Oak Brook, Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday, December 4, 2007 Board of Trustees Meeting . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday, January 8,2008** **Tentative Follows the completion of the Zoning Board of Appeals public hearing ` l` 0 903 LU y il— n a 2111 z t!' O oo 0 039 - - --- 22ND STREET --- 1111 • q17 1515 1425 1415 1}oi 1315 11101 1225)III s10 i 790 8eo --- LOCATION OF SUBJECT 11-19 . --— — — — 920 �,AS PvtOPERV C llto-11110 uoo ' tolo woo 900 � / T r 3 44 2222 2200 1200 S 3S 59 I zeN Iszo. W I •�= 40 2 44N /uo pOO 131} 15 1220 at gnP- 7 tN31MOTON ROAD / - n 1315 T°� /• nos, o n s a „ LAKE i } U - h A� > _ PARK DiyFR1LT •�.,{ ` il� Z716`v L=�`1 1p SHGLTfiR /v $ ISoo PQ — iil 1 al F, �r I• �r�s aa, � BFi I(' B W O PARK D13 RI O N 20 �I jd O 3. ° *Note: The map provided is only a a roximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the 1. ,.—_......,U-10,-1 Ann I(oneinntnn-VAR.Res.ltr.doc t OF OAt G� 99 0 e e 9�F CpUN�`1.��� AGENDA ITEM Regular Board of Trustees Meeting of November 13, 2007 SUBJECT: Referral - Advocate Health&Hospitals Corporation-Variation-Additional Parking in a Side Yard Abutting a Street &� FROM: Robert L. Kallien, Jr., AICP, Community Development Director 41 BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a variation to Section 13-12- 3H-2 of the Zoning Ordinance relative to permit the construction of additional parking to the Zoning Board of Appeals for public hearing at its December 4,2007 meeting. Background/History: Advocate Health & Hospitals Corporation, the owner of the building located at 1400 Kensington Road is requesting approval of a variation to Section 13-12-3H-2 in order to construct 84 new off-street parking spaces within the 100-ft. side yard setback along Kensington Court. Even though the number of existing parking spaces on the property meets the Zoning Ordinance requirement of 3.3 spaces per 1000 square feet of gross floor, the applicant is seeking the additional spaces to serve the anticipated work force that will occupy the building. At the present time, Section 13-12-3H-2 limits the number of parking spaces in the front or side yard abutting a street to six (6). Recommendation: Please refer this request for a variation to the Zoning Ordinance to the Zoning Board of Appeals for public hearing at its December 4, 2007 meeting. BOT-Referral-Advocate Health-1400 Kensington-VAR-2007.doc OF Qq't G O 9C COUNTV VILLAGE OF OAK BROOK Interoffice Memorandum DATE: November 5, 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E.,Village Engineer SUBJECT: 1400 Kensington Road—Variation—ORA-1 District and the P&Z policy, Phil and I have reviewed the file As per your request of October 19, 2007 y, you forwarded since site plan drawings were included with the application. As we understand it, the applicant is seeking a variation to permit the construction of an additional parking lot in the side yard adjoining the street next to Kensington Court. That section of the code is 13-12-3H.2. After reviewing the application and drawings,these items were observed: 1. If the parking is permitted, the proposed storm sewer from the new parking lot will not be permitted to directly connect to the storm sewer on Kensington Court. It is preferred that the new parking lot have its storm water piped into the existing detention basin. An alternative is to install , a storm water quality device before connecting into the Kensington Court storm sewer. 2. The application stormwater report states that the new parking lot is 21,320 square feet, which is below the 25,000 square foot threshold for detention. Therefore, detention is not required. 3. The drawings did not list the minimum required two Village of Oak Brook benchmarks used to obtain the topography and elevations. 4. An existing (and required) interior parking lot tree is being removed in the northeast corner of the parcel and must be replaced on the landscape plan. 1400 Kensington Rd Pkg Variation.doc 1 3 5. Existing utility lines were not completely shown or were shown incorrectly and must be corrected. This is important as it impacts the storm sewer installation as well as the possible raising of water service valves in the front berm. 6. Lighting exists within the current parking lot. Will additional lighting be installed? If so, it must not shine off the property. 7. The engineering plans will need minor revisions to comply with building permit requirements. We suggest the applicant's engineer purchase the Public Works Construction Standards. If any submitted drawings are used as exhibits to ordinances, a note should be added within the ordinance to the effect that: Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. This would prevent an applicant from forcing the Village to issue a permit based on sub-standard items that may be depicted on the drawings (these types of drawings are usually conceptual in nature and do not contain the detail necessary for a full review regarding building permit items). 1400 Kensington Rd Pkg Variation.doc 2 01� 51 r r x: . b. VILLAGE OF OAK BROOK Interoffice Memorandum DATE: October 19, 2007 TO: Dale Durfey, Village Engineer FROM: Robert L. Kallien,Jr.,Director of Community Development SUBJECT: Advocate Health&Hospitals Corporation— 1400 Kensington—Variation to Allow the Construction of a Parking Lot that Exceeds the Parking Spaces Allowed in the Side Yard Adjoining the Street The applicant is seeking approval of a Variation to permit the construction of an additional parking lot in the side yard adjoining the street. Attached for your review is a copy of the Petition application and all relevant supporting documents. Please provide your written comments by November 7, 2007. In your comments, please address the following: • Is there flood plain on the subject property that would impact the request? • If so, would the scope of this application require any relief to the Village Stormwater Regulations? • If approved as requested, are there any Engineering Department issues that would require any conditions? 1 Memo-DD—Dana Park-Cara Lane-Map Amend-var.doc /4. Z H. In Yards: Off-street parking spaces, open to the sky, in nonresidential districts, may be located in required interior side yards and rear yards, no less than ten feet (10') from the nearest lot line, except o parking area containing f our(4) or more parking spaces aces shall be not less than forty feet (40') from an adjoining residence district boundary; provided,however, that: 1. On any lot in a B1 local shopping center district and a B3 general business district, the required off-street parking spaces may be located in a front yard or side yard adjoining a street not less than ten feet(10) from a street line; 2. On any lot in ORA1 or ORA2 office-research-assembly district and an 03 or 04 office district,not more than ten percent(10%) of the required off-street parking spaces,not to exceed six(6) spaces,may be located in a required front yard or along the side of the Building M�oimng the street and not less than twenty five feet(25) from a street line or fifty feet(50) from the street lines of Cermak and York Road; and 3. On any lot in an ORA3 office-research-assembly district, the location of off-street parking spaces shall be controlled by subsection 13-1OC-4E of this title and not the provisions of this subsection H. 1. Parking Of Certain Commercial Vehicles And Equipment In Residence Districts Prohibited: No motor vehicle bearing ambulance, funeral home, livery, taxi or tow truck state license plates shall be stored or parked on any lot in any residence district, unless such motor vehicle(s) is wholly enclosed in a building or such vehicle is being used in connection with a legitimate service actually being rendered for the benefit of such lot.No motor vehicle having a gross vehicle weight(including vehicle and attached equipment and maximum load)' in excess of eight thousand(8,000)pounds, except vehicles registered as recreational vehicles under the Illinois motor vehicle code, and no contractor's equipment, supplies or tools, shall be stored or parked on any lot in any residence district, unless: Of oqk • BROOK VILLAGE oF ttK 1200 OAK BROOK ROAD OAK BROOK, IL 60523 o9�eROOK`�� 630-368-5103 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) x VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLJC�INT TO COMM NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF 1400 Kensington 06 26. 101 007 SUBJECT PROPERTY PERMANENT PARCEL NO*. LOT NO. 11 SUBDIVISION Corporate Plaza LEGAL ADDRESS* 1400 Kensington 13-12-3H-2 ZONING DISTRICT 01RA-11 ZONING ORDINANCE SECTION ACTION REQUESTED Zoning variance to allo,•7 the c,r a'.:ruction of a �arkina lot in the side yard adjoining the street that Axceedsthe parking spaces allowed. PROPERTY INTEREST OF APPLICANT: OWNER x CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Advocate Health & Hospitals Corporation PHONE (630) 990-5564 ADDRESS 2025 Windsor Dr _ CITY nak Rrnnk STATE IL Illp 60523 BENEFICIARY(IES)OF TRUST N/A PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Advocate Health & Hospitals Corp. PHONE (630) 990-5564 ADDRESS 2025 Windsor Dr CITY Oak Brook STATE IL ZIP 60523 Contact Name and E-mail Address(s) Gary Little gary little @adyncat-e-beal th - 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 sign(s)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 publication costs within 30 days of billing. Vice Presic.eat. o -'% c llit ies&Const Date VP OIL" F-ci 1_it. cs ConstrtQa ion DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY . .................. ... .................................._....................... . ......................_.................._ _..............._......................................_....___............_.................................................................._. Date Filed ............._. . .. . . ..... .. . A/0•�S`—v'j Fee Paid$ �Sb �... Receipt No.�s'S7�RL Received By ` Board of Trustees(Referral) 3 Q !Notice Published Jl-� Newspaper Daily Herald Adj.Property Owners Notified /—/ PUBLIC HEARING DATES: Plan Commission IV IA, Zoning Board of Appeals t9-- q-- 07 Board of Tr stees �• O Board of Trustees /- (Approval fQ Ordir,ance), �^ Date 7 SIGNED-VILLAGE CLERK (f�) ,1��(1 ``� td Variation 13-14-6) Letter of Explanation Advocate Health and Hospitals Corporation is a faith based not for Profit Corporation that operates eight Hospitals and two Children's for the greater Chicago area. Advocate purchased 1400 Kensington Oak Brook, IL. Property in July 2006. Advocate purchased the property for the purpose of consolidating multiple departments from leased space into a property that Advocate owns. The property also supports Advocates existing corporate office which is located at 2025 Windsor Drive Oak Brook, IL. Advocate Health Care is proposing to build the additional parking lot on the side yard due to the fact that the side yard is the only area available on the lot to construct the additional 87 parking lot spaces. The parking spaces are needed to accommodate the lower level build out, which includes space for two employee training rooms that would require the additional parking lot spaces. Advocate intends on using part of the property for its Organizational Development department. Advocates Organizational Development Department currently leases space at 2625 Butterfield Road and that lease expires in 2008. Organizational Development performs extensive training of associates and at times its classroom space requires the meeting of up to 108 occupants. In order to accommodate employees who are traveling from other Advocate sites and to use the property to its full potential, the parking lot for the property needs to be expanded by an additional 87 parking spaces. The property is located in an ORA- 1 zoning district and adjacent to primarily other commercial office buildings and the Oak Brook Post Office, so the expansion of the parking lot will have a minimal effect on any property. The parking lot expansion is consistent with the use of other properties within the immediate area. Variation (13-14-6) Standards 1 a.) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. The purpose of the purchase of 1400 Kensington on 6/01/2006 was to consolidate as many departments out of leased Oak Brook spaces and into an i Advocate owned building. Parking regulations don't reflect how office buildings function today, we are bringing employees in from other sites for training. Without the additional parking spaces we will not be able to utilize the buildings 85,550 sq. ft. to its full allowable potential. Specifically, without the additional parking Advocate could not accommodate its Organizational Development Department into this building which uses some of the space as classrooms. 1 b.) The plight of the owner is due to unique circumstances. 1400 Kensington and the Post Office are the only two properties that has two street frontages. After looking at all the possible options the additional parking lot to the front yard was the most feasible solution to the problem. The original owners did not have this problem due to the fact that they did not use the building to its full allowable 85,550 sq. feet. The basement space was mostly used for storage of equipment and kitchen and dining room area, and not office or training space for personnel. Advocate Health Care originally planned on constructing four training rooms in the lower level but soon realized that we would never be able to accommodate such a large number of people at the site. The plans were changed to reduce it from four training rooms to two training rooms, with the hopes of adding additional parking on the building site. Since the village does not allow over flow parking on Kensington Court or Kensington Street, we have no other option but to add 87 park spaces on the front yard to accommodate the additional employees and over flow parking. • 1 c.) The variation, if granted, will not alter the essential character of the locality. The surrounding buildings are commercial properties with no residential properties surrounding 1400 Kensington. The additional parking and location of the expanded parking lot will be consistent with what already exists with the adjacent surrounding buildings. In addition, the additional landscaping added to hide the parking lot from other commercial residents will be an improvement from its current state. Advocate Health Care has talked to Charles Ungaro the property manager of ACE Hardware at 2200 Kensington Ct. Charles was very supportive of are situation. Advocate Health Care also talked to the Post Master at the Post Office, Carol Ruthledge who did not have any concerns or issues with the additional parking. 2a.) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. Advocate Health Care purchased 1400 Kensington in order to consolidate similar departments all under one roof and closer to it main head quarters at 2025 Windsor Drive. If the additional parking spaces were not allowed,Advocate Health Care would not be able to move all the necessary departments into the building, this would require Advocate to incur additional and unnecessary leasing expenses. 2b.) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. 1400 Kensington like the Post Office are the only two properties in the area with two street frontages. In using the building to its maximum allowable capacity and the village codes on parking on the street,Advocate Health Care has no other chose but to add additional parking on its property. Classroom space by its C �. nature requires more parking per square foot than typical office space which has permanent offices, cubicles, and office furniture. 2c.) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The variation will not be detrimental due to the fact that the surrounding buildings are ORA 1 commercial buildings with no surrounding residential buildings. The surrounding buildings have surface parking lots surrounding their buildings, so the use would be consistent with other properties and therefore in no way injurious to these properties. The Post Office across the street has a similar parking lot configuration as Advocate is proposing. In addition Advocate Health Care is adding a three foot height berm with multiple plantings of shade trees, evergreen trees, deciduous shrubs, and perennials making it a visual improvement over its current state. 2d.) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. The variation will not impair light or air to the surrounding buildings due to the fact that the additional parking spaces are surface lots and are adjacent to Kensington Court that separates 1400 Kensington from the Oak Brook Post Office. 2e.) That the purpose of the variation is not based exclusively upon the desire to make more money out of the property. Advocate Health Care is a 501(c) (3) Faith based not for profit organization that by definition does not generate a profit and therefore would not be looking to make a profit out of the building. Advocate Health Care is solely looking to utilize C't, a „, "'Chi One,NA7Q 2322 gF1EGlk:NUMBER a $' �Ck�ica O, IIIIn019 ° `r:. c �tlYealt 9 �, $ � 4a � v 10/18/07 .....1..$850.00 PAY Eight hundred fifty and 00/100 Dollars >s: X2 yTC'7H1= VILAGIM 6F OAK BROOK i 1 CHECK • CHECKS 8 CASH INV M OATS NAME G.L.ACCOUNT• DESCRIPTION 1 NUMBER INVALID VILLAGE OF OAK BROOK SIGNATIGNATUT URE DEPARTMENT OF COMMUNITY DEVELOPMENT B 15572 e 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (630)990-3045 • 7ka«k � I RETAIN THIS RECEIPT FOR YOUR RECORDS 10 Certification 0 Surrounding Property Owners of that the names and addresses of all the surrounding property owners including mailing we certify , I ( ) y labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County, The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. e Health & Hospitals Corporation G D A q � H -D C Advocate p p Printed Name of Owner V P+ Printed Nam? of Applicant Signature of Owner Date Signature of Applicant Date BILL TO INFORMATION: Advocate Health & Hospitals Corp. Gary Little (630) 990-5564 Print Name/Company Contact Person Contact Phone 2025 Windsor Drive Oak Brook, IL 60523 Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. 0�7. Variatinn Parkat—6/1/2007 NAAIES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads streets alleys and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. ii - • PARCEL NAME • . .• . PROPERTY OWNER PROPERTY OWNER sE (Attach additional sheets if necessary) Variation Packet-6/1/2007 01 • .:.:.:.:.:.:.:.:.:................................................................. NAMES OF SURROUNDING PROPERTY OWNERS Name of Property Mailing Address of Property Address Parcel Owner Property Owner Number Oak Brook Kensington 2901 Butterfield, Oak Brook, II. Ace Hardware 06-26-101-012 District 60523 2200 Kensington Court Oak Brook II. 60523 Oak Brook Kensington 2901 Butterfield, Oak Brook, II. Ace Hardware 06-26-101-013 District 60523 2222 Kensington Court Oak Brook 11. 60523 United States of America U.S: Post Master, Oak Brook, /-1q0 XdV31AVV" ROAO 06-26-101-014 11. 60523 OArC,3ZWX� TC. 6os a 3 McDonalds Corps. P.O. Box 182571, Columbus Open Field 06-26-102-008 O.H. 43218 McDonald Corps. P.O. Box 182571, Columbus :/�/5 ' KE'�s�u. b� 06-102-102-009 O.H. 43218 0Ajcj3A00X,XL 60,183 Kensington Road Assoc. 165 South Union Blvd. No. 510 1420 Kensington Road 06-26-101-022 Lakewood, Co. 80228 Oak Brook, 11. 60523 Kensington Road Assoc. 165 South Union Blvd. No. 510 1520 Kensington Road 06-26-101-022 Lakewood, Co. 80228 Oak Brook, 11. 60523 (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 26 101 007 2. Common Address: 1400 Kensington oak Brook, IL 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(d)oak-brook:org Lot 11 in Corporate Plaza subdivision . . . . . . . (See survey for rest of legal description) LOT 11 IN CORPORATE PLAZA SUBDIVISION UNIT TWO OF PARTS OF LOTS 1 AND 2 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO. 3, OF PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID CORPORATE PLAZA SUBDIVISION UNIT TWO, RECORDED AUGUST 10, 1972 AS DOCUMENT NUMBER R72-46895, IN DU PAGE COUNTY, ILLINOIS. AREA: 252.380.5 SO. FT. OR .5.7939 ACRES. KNOWN AS: 1400 KENSINGTON ROAD, OAK BROOK, ILLINOIS. SURVEY FOR: GREENBAY CAPITAL, LLC The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Krissy Date called: 10-23.-2007 1 verify that the information provided above is accurate. - Gary Little O ,)SDn Printed Name Signatur a?3 Date: 10-i4-2007 Relationship to Applicant: Director Construction . .. .............. . . .1 -. DO NOT WRITE IN THIS SPACE- FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Date Approved By: al-I 100n-7 G� O F 04,r P e9 ` o 0 e - A O y G O OUNi� Village of October 17, 2008 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Advocate Health and Hospitals Corporation www.oak-brook.org Attention: Ms. Deborah Rohde Administration 1400 Kensington Road 630.368.5000 Oak Brook, IL 60523 FAX 630.368.5045 Community Re: Recorded Document on September 30, 2008 Development Covenant-Lawn Sprinkler System Running with Land 630.368.5101 R2008-146946 FAX 630.3630.368.55 128 1400 Kensington Road Engineering Oak Brook, IL 60523 Department 630.368.5130 FAX 630.368.5128 Dear Ms. Rohde: Fire Department A copy of the above noted recorded document is enclosed for your information. 630.368.5200 FAX 630.368.5250 This is an important record and should be retained in a secure area within your files. Police Department 630.368.8700 If you need any further assistance in this matter, feel free to contact me at 630- FAX 630.368.8739 368-5056 on Monday through Friday from 9am to 5pm. Public Works Department Sincerely, 630.368.5270 FAX 630.368.5295 Oak Brook Public Library Linda M. Andrys Records Management Clerk 600 Oak Brook Road Oak Brook,IL 60523-2200 630.368.7700 /lma FAX 630.368.7704 Enclosure Oak Brook Sports Core cc: Dale L. Durfey, Jr., Village Engineer / Bath&Tennis Club 700 Oak Brook Road Robert L. Kallien, Jr., Director of Community Development V Oak Brook,IL 60523-4600 Official Files 630.368.6420 FAX 630.368.6439 /RECDOC/2008-RECLTR-COVE-LAWN SPRINKLER-ADVOCATE HEALTH&HOSPITALS CORP-1400 KENSINGTON RD Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 ® a FRED BUCHOLZ DUPAGE COUNTY RECORDER SEP.30,2008 3:40 PM OTHER 06—26-101—007 002 PAGES R2008- 146946 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Property Address/es 1400 KENSINGTON ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK IL 60523 Pin/s Number 06-26-101-007 Name &Address of Applicant ADVOCATE HEALTH AND HOSPITALS CORPORATION 1400 KENSINGTON ROAD, OAK BROOK, IL 60523 Name &Address of Responsible ADVOCATE HEALTH AND HOSPITALS CORPORATION ATTENTION: DEBORAH ROHDE Party to Receive Copy of 1400 KENSINGTON ROAD Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account# to be Charged 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged N/A 05/40/2008 13 :28 FAX 3125730360 (&003/003 00/30/3008 R,1 12;51 FAX 708 450 1403 MUELLERMIST IRRIGATION 2003/003 LAAMTt SPRINKLER SYSTEM COVENANT wym LAND The undersigned, for and on behalf of.all owners (hereinafter—OWNERS—) of the property known as (address) 14l O l� t��, ~✓NS o J R —OAK 6�K Z� C-,O-3 and legally described as. -*PCrnmanent parcel No.M c;I 10 , Lot J L__,in cp(-',pomL :I t-- PLA-ZA being a subdivision of part of Section , Township 39 North, Range 11 E-st of the Third Principal Meridian, in DuPage County,Illinois as recorded as Document No, '1 a - q b I qj agree as follows- In exchange: for the Village of Oak Brook's permission for the installation of a LAWN SPR]NKLER SYSTEM "SYSTEM" in front o the foregoing property but within the existing public right-of-way of _ 1 , OWNERS agree to assume all risks associated with said SYSTEM, to maintain said SYS 1 and to repair or replace said SYSTEM in the event it is damaged, destroyed,or removed by any party including the Village of Oak Brook. Fn the event that the S'Y'STEM or a portion of it is removed during the installation, maintenance or repair of Village of Oak Brook facilities or other utility company facilities in the right-of--ay, OWNERS waive any claim for restoration and agree to restore the SYSTEM at OWNERS' sole expense. To the fullest extent permitted under the law, OWNERS shall protect, defend, indennnify and hold harmless the Village of Oak and all utility companies from any claim, liability, cost, damage or expense (including, without limitation, reasonable attorney's fees and court costs) of any type, nature or description arising in connection with the permission herein granted regardless of whether the claim is due to the negligence of OWNERS or the negligence of the Village, its officers, agents, employees, contractors or invitees, all without limitation. OWNERS shall also protect, defend, indemnify and hold harmless the Village of Oak Brook and all utility companies from any claim, liability, cost, damage or expense (including, without limitation, reasonable attorney's fees and court costs) of any type, nature or descriprion arising froth any condition in the public right-of-way created, alleged to have been created, or any condition which could reasonably have been created, as a result of the existence, installation,maintenance (or lack thereof) of the SYSTEM. This covenant shal] run with the land. This covenant shall be binding and inure to the benefit of the successors, assigns, heirs, devises, transferees, grantees, .oar lessees of the respective parties hereto. PAVOt a\2 �Co.�fi� w AOi�s�o4 (p��aroo�,.A W„% Owner JUN 17 2008 i STATE OF B.LINOIS ) )SS VILLAG_ tF?UUh COMMUNITY DE'dEL0PhlENT DEPT. COUNTY O DUPACE) --� I, ( a Notary Public in and for the said County, in the State of Illinois aforesaid, do hereby certify that --I)`(;,gyp r N ;12 0 k-D t3 and personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that -601 — signed, scaled, and delivered said instrument as_A — free and voluntary act for the uses and purposes therein setforth, Given under my hand and seal this 1i VIO `p day of 20-&- otary Public DEBORAH CONNORS 1/27/04 I�NGr1 KUt1S�woftD�STANDARD�Yw STD COVENANT NOTARY PUBLIC,ISTAT OF ILLINOIS MY COMMISSION EXPIRES AUGUST 15,2011 ROPOSED TREE 6' MIN. HEIGHT EX. BUILDING PROPOSED BUSH PROPOSED BERM FF=668.50 3' MIN. HEIGHT KENSINGTON COURT PROPOSED 8' AT MATURITY PARKINGLOT .................. .............. ................................................................................ ................................... ................ ...............�. ............................................................................. ....... .......................... 675 ................................. ............................................... ......................................................................................................................................... ................................ ... .......................................................................... ................................................................................................................... \ .. ..........................................................................I....... ............................. ............. . . .. ................................. ................................................................................................. \� .............................. .............................. ........ .. ....................................... .......................................>.. \�\ . . . . . ......................................................... ............................. 670............ ................................................................... . !�/. ........................................................... \ .\ \ \ \ .......... ................................. ...... ...... :::: :::::: ::::::::.: : :::::... � :�, ...�.`. `` .......... ................................ .........................._�.�. . - , : � ,..... .................................................... . .,. ............................ :, .............................................. i \, f.��� i �• \��,���l, �!� \..�.��...�/�: : . .....�.. .. 1.\, . .....-.... .......... ................................................. i 665.... • .. - NOT TO SCALE I i © COPYRIGHT 2007 FIGURE NO. 1 300 PARK BOULEVARD PROJECT NO. 3750.00 ' N - COW H EY ITASCA, ILLINOIS 60143 NO GU DMU N DSON 70(EAST LAKE STREET DATE 12/04/07 TYPICAL SECTION SCALE NONE CHICAGO, ILLINOIS 60601 0 LEDER, LTD. (312) 782-8549 DRAWN BY TB CONSULTING ENGINEERS * LAND SURVEYORS * NATURAL RESOURCES CHECKED BY RHA