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S-1194 - 05/22/2007 - ZONING - Ordinances Supporting Documentsk° III III I I I III III 11111111111111111111111111111 FRED BUCHOLZ UUPPGE COUNTY RECORDER MAY 30,2001 3:51 PM OTHER O6 -Z4- 402 -020 005 PAGES R2007- 100537 (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 2007- ZO -V -S -1194 AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF SECTION 13 -12 -31-1 AND SECTION 13 -12 -4132 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR YARD, AND RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A SIDE YARD Property Address /es 111 WINDSOR DRIVE & 2010 SWIFT DRIVE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin Number /s 06 -24- 402 -020 and 06 -24- 402 -025 Name & Address of Applicant: OAK BROOK PROPERTIES LLC & 2010 SWIFT DR. INVESTORS 111 WINDSOR DRIVE AND 2010 SWIFT DRIVE, OAK BROOK, IL 60523 Name & Address of Responsible ADT- ATTENTION: PATTI MOELLER Party to Receive Copy of 111 WINDSOR DRIVE Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook Retur 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 of Consideration (when applicable): G/L Account # to be Charged: N/A 00 NS* , AGENDA ITEM Regular Board of Trustees Meeting of May 22, 2007 SUBJECT: Windsor /Swift Variations FROM: Barbara Gosselar, Assistant Village Attorney BUDGET SOURCE /BUDGET IMPACT: N/A I1113M 6.I. oil D )T' 1J1 I RECOMMENDED MOTION: I move for passage of Ordinance S -1194, An Ordinance Granting Certain Variations From The Provisions Of Section 13 -12 -3h And Section 13-12 - 4b2 Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Yard Requirements For Off - Street Parking Spaces And Required Peripheral Permanent Screening Adjacent To Parking Areas In A Rear Yard, And Relative To Required Peripheral Permanent Screening Adjacent To Parking Areas In A Side Yard Background /History: Per recommendation of the Zoning Board of Appeals, I have been directed by the President and Board of Trustees to draft this Ordinance which requests variations for the property located at 111 Windsor Drive for Oakbrook Properties, LLC to allow parking within the ten (10) foot required interior rear yard area and to also eliminate the requirement for screening in the rear yard in order to connect its parking area with the parking area at 2010 Swift Drive. Further, this Ordinance requests a variation for the property located at 2010 Swift Drive for 2010 Swift Drive Investors to eliminate the requirement for screening in the side yard in order to connect its parking area with the parking area at 111 Windsor Drive. Recommendation: I recommend that Ordinance S -119 be passed. 9' g -' ORDINANCE 2007- ZO -V -S -1194 AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF SECTION 13 -12 -3H AND SECTION 13- 12 -4B2 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR YARD, AND RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A SIDE YARD (Oak Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010 Swift Drive, Oak Brook, Illinois 60523, P.I.N. 06 -24- 402 -020, 06 -24- 402 -025) WHEREAS, an application has been filed by Oakbrook Properties, LLC (the "Windsor Petitioner "), requesting certain variations from the provisions of Sections 13- 12 -3.H (Off- Street Parking Regulations -- In Yards) and 13 -12 -4132 (Design and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations) of the Village Code, as follows: (i) a variation from the required interior rear yard of ten feet (10') for parking, to allow parking within the ten foot (10') required interior rear yard area; and (ii) a variation from the required permanent peripheral screening in rear yards adjacent to parking areas, to eliminate the requirement for screening in the rear yard adjacent to a parking area at 111 Windsor Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking area at 2010 Swift Drive, Oak Brook, Illinois; and WHEREAS, an application has been filed by 2010 Swift Drive Investors (the "Swift Petitioner'), requesting a certain variation from the provisions of Section 13 -12 -4B2 (Design and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations) of the Village Code, which require permanent peripheral screening in side yards adjacent to parking areas, to eliminate the requirement for screening in the side yard adjacent to a parking area at 2010 Swift Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking area at 111 Windsor Drive, Oak Brook, Illinois; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 3, 2007, pursuant to due and appropriate legal notice; and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variations requested conform to the standards set forth in Sections 13 -14 -6D of the Village Code; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals. 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That the Windsor Petitioner is hereby granted (i) a variation from the required interior rear yard of ten feet (10') for parking, as provided in Section 13- 12 -3.H (Off- Street Parking Regulations -- In Yards) of Title 13 (Zoning Regulations) of the Village Code of the Village Code of the Village of Oak Brook, to allow parking within the ten foot (10') required interior rear yard area; and (ii) a variation from Ordinance 2007- ZO -V -S -1194 Rear Yd for Prkng & Peripheral Screening for Rear /Side Prkng 111 Windsor Dr & 2010 Swift 06-24-402-020,06-24-402-025 Page 2 of 3 the required permanent peripheral screening in rear yards adjacent to parking areas, as provided in 13- 12 -4132 (Design and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations) of the Village Code of the Village Code of the Village of Oak Brook, to eliminate the requirement for screening in the rear yard adjacent to a parking area at 111 Windsor Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking area at 2010 Swift Drive, Oak Brook, Illinois. Section 3: That the Swift Petitioner is hereby granted a variation from the required permanent peripheral screening in side yards adjacent to parking areas, as provided in Section 13 -12 -4132 (Design and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations) of the Village Code, to eliminate the requirement for screening in the side yard adjacent to a parking area at 2010 Swift Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking area at 111 Windsor Drive, Oak Brook, Illinois, Illinois. Section 4: That the variations granted in Sections 2 and 3 of this Ordinance shall be subject to the following conditions: 1) Development of the property shall be in substantial conformance with the "Parking Proposal" prepared by Inter:Work Architects and last revised on April 10, 2007. 2) A perpetual cross - easement shall be granted by the Windsor Petitioner and the Swift Petitioner to one another for access to and joint use of the parking areas. Such Petitioners shall provide copies of such easement documents for review and approval by the Village prior to recording, and shall then provide proof of the recording of such easement documents prior to issuance of any building permits. 3) Notwithstanding the "Parking Proposal" described in paragraph 1 of this section, the Windsor Petitioner and the Swift Petitioner shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived or as provided in paragraph 4 of this Section. 4) Existing nonconformities on the properties located at 111 Windsor Drive and 2010 Swift Drive shall be allowed to continue unless and until such properties are redeveloped, at which time all redevelopment must be in conformance with all Village ordinance requirements. Section 5: That this Ordinance is limited and restricted to the properties known as 111 Windsor Drive and 2010 Swift Drive, Oak Brook, Illinois, which properties are legally described as follows: 111 Windsor Drive: Lot 1 in Oakbrook Development Company's Subdivision No. 1, of parts of lot 1 and a vacated part of public street in Butler Company —M- I Inc. Assessment Plat no. 4, situated in the Southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 11, 1968 as document R68- 23922, in DuPage County, Illinois. PIN NO: 06 -24- 402 -020 r Ordinance 2007- ZO -V -S -1194 Rear Yd for Prkng & Peripheral Screening for Rear /Side Prkng 111 Windsor Dr & 2010 Swift 06 -24- 402 - 020,06 -24- 402 -025 Page 3 of 3 2010 Swift Drive: Lot 2 in Oak Brook Development Company's Subdivision No. 1, a Subdivision in the Southeast quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded June 11, 1968 as Document R68- 23922, in DuPage County, Illinois. PIN NO: 06 -24- 402 -025 Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 7. 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 May, 2007. n W. Craig AVIillage President PASSED THIS 22nd day of May, 2007. Ayes: Trustees Carson Kennedy, Manofsky, Saiyed Sanford and Wolin Nays None Absent: None i. rt .t �v ATTEST: Charlotte K. Pruss Village Clerk e STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on May 22, 2007 , the corporate authorities of the above municipality passed and approved Ordinance 2007- ZO -V -S -1194, AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF SECTION 13 -12 -3H AND SECTION 13 -12 -4132 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR YARD, AND RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A SIDE YARD (Oak Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010 Swift Drive, Oak Brook, Illinois 60523, P.I.N. 06 -24- 402 -020, 06 -24- 402 -025) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 25th day of May =• �- Charlotte K. Pruss Village Clerk Village of Oak Brook ` tee° DuPage and Cook Counties, Illinois