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S-1473 - 10/11/2016 - VARIATION - OrdinancesFRED BUCHOLZ DUPAGE COUNTY RECORDER NOV.01,2016 8:33 AM OTHER $66.00 06-24-308-007 016 PAGES R2016-120342 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 2122 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-308-007 06-24-308-009.06-24-308-012 and 06-24-308-013 Name and Address of Applicant: York Road Associates, LLC 120 N. LaSalle, Suite 1750 Chicago IL 60602 Name and Address of Responsible: John Grissim Party to Receive Copy of At the same address above Recorded Document and Billing In Prepared By and Return to: Village of Oak Brook ` 1200 Oak Brook Road Oak Brook, Illinois 60: G/L Account to be charged: 10-1365 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: FRED 6UCHOLZ R2016-120342 DUPAGE COUNTY RECORDER 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 October 11, 2016, the corporate authorities of the above municipality passed and approved: ORDINANCE 2016-ZO-V-EX-S-1473 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13 -10E -3C.1, 13 -10E -2C.1, AND 13-12-3C OF TITLE 13 ('ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF ADDITIONAL PARKING SPACES AND LANDSCAPING FOR THE PROPERTY LOCATED AT 2122 YORK ROAD IN THE VILLAGE OF OAK BROOK 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 26th day of October , 2016 . FRED BUCHOLZ R2016-120342 DUPAGE COUNTY RECORDER Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2016-ZO-V-EX-S-1473 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13 -10E -3C.1, 13 -10E -2C.1, AND 13-12-3C OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF ADDITIONAL PARKING SPACES AND LANDSCAPING FOR THE PROPERTY LOCATED AT 2122 YORK ROAD IN THE VILLAGE OF OAK BROOK York Road Associates, LLC, Clearwater Development — 2122 York Road PINS: 06-24-308-007,06-24-308-009,06-24-308-012 and 06-24-308-013 WHEREAS, an application was filed by York Road Associates, LLC ("York Road Associates'l owner of the property located at 2122 York Road located within the Clearwater Development and legally described in Exhibit A attached hereto and incorporated herein (Property'l requesting several variations to allow for the construction of 123 additional parking spaces ("Parking Spaces'l and additional landscaping ("Landscaping'j; and WHEREAS, the Property is located in the 04 Office District; and WHEREAS, York Road Associates is seeking variations ("Variations'l in order to construct parking spaces and landscaping on the property, as follows: 1. Section 13 -10E -3C.1 — Variation to permit a reduction in the required 100 -foot front yard setback along York Road and 22nd Street to a setback of 30 feet. 2. Section 13 -10E -2C.1 — Variation to permit the number of parking spaces with a minimum width of 8'6" to a total of 396 spaces, which is approximately 42.95 percent of the total 922 existing and proposed parking spaces. The number of proposed 8'6" parking spaces will be an additional 115 parking spaces. 3. Section 13-12-3C — Variation to permit a reduction in the minimum parking space depth of 17'6" to 16 feet for 43 parking spaces facing 22nd Street. WHEREAS, on June 7, 2016, the Oak Brook Zoning Board of Appeals ('ZBA) conducted a public hearing, pursuant to due and appropriate legal notice, on the Application for the requested Variations; and WHEREAS, after the close of the public hearing, the ZBA found that York Road Associates satisfactorily addressed the factors required for approval of the Variations set forth in Section 13-14-6D of the Zoning Regulations and, in a letter delivered to the President and Board of Trustees dated July 6, 2016, recommended approval of the Variations to allow the construction of 123 additional parking spaces subject to certain conditions; and WHEREAS, on September 13, 2016, the Village President and the Board of Trustees concurred with the findings made by the ZBA, but reduced the number of spaces to 118 parking spaces; and WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the granting of variations to the Zoning Regulations have been met. Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007, 06-24-308-009, 06-24-308-012 and 06-24-308-013 Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Restatement and Grant of Variations. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall, and does hereby, approve variations to the Zoning Regulations to permit: 1. Variation to Section 13 -10E -3C.1 to permit a reduction in the required 100 -foot front yard setback along York Road and 22 "d Street to a setback of 30 feet. 2. Variation to Section 13 -10E -2C.1 to permit an additional 115 parking spaces with a minimum width of 8'6" to a total of 396 spaces, which is approximately 42.95 percent of the total 922 existing and proposed parking spaces. 3. Variation to Section 13-12-3C to permit a reduction in the minimum parking space depth of 17'6" to 16 feet for 43 parking spaces facing 22"" Street. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The parking shall be constructed in substantial conformance with the Overall Site Plan Exhibit and the Parking Space Width Exhibit Phase 1 Parking Expansion both prepared by Mackie Consultants, LLC dated September 16, 2016. The landscaping shall be installed in substantial conformance with Sheet L-101 revised September 16, 2016, Sheet L-102 dated May 10, 2016, Sheet L-103 dated September 2, 2016 and Sheet L- 201 dated September 16, 2016 all prepared by Grissim Metz Andriese Associates attached hereto and incorporated herein collectively as Exhibit B. B. Previously Aoproved Variations and Special Use. All other provisions of any approved special use or variation previously approved for the Clearwater Development shall remain in full force and effect unless specifically changed by this Ordinance. C. Approval of Special Use The Variations are subject to the Village's approval of Ordinance S- 1474 approving a Special Use for the additional parking and landscaping for the property known as the Clearwater Development; and D. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of York Road Associates to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the York Road Associates and any and all of York Road Associates heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC —2122 York Road -Variations PIN: 06-24-308-007,06-24-308-009,06-24-308-012 and 06-24-308-013 Page 3 of 8 Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by York Road Associates with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("Unconditional Agreement and Consent') to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by York Road Associates. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the York Road Associates does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.iii of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 11th day of October, 2016. Gopal G. Lalmalani Village President PASSED THIS 11th day of October, 2016. Trustee Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: Trustee Adler ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007,06-24-308-009, 06-24-308-012 and 06-24-308-013 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT, RECORDED AUGUST 28, 2008 AS DOCUMENT R2008-133469, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-007 LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 2, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39896, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY. ILLINOIS. PIN: 06-24-308-009 LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-012 LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY. ILLINOIS. PIN: 06-24-308-013 P.I.N: 06-24-308-007, 06-24-308-009, 06-24-308-012 and 06-24-308-013 The subject property is located at 2122 York Road in Oak Brook, Illinois 60523 Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007,06-24-308-009, 06-24-308-012 and 06-24-308-013 Page 5 of 8 Exhibit B Overall Site Plan, Parking Space Exhibit and Landscape Plans r m m m s a D r 1 N m a z m LE.1RSYATER DRI%E a r y Ikl JI €9E F L94� € Qe pig. € _ F •r \ / /] \ 7 ° • . ................................................................................. fi F� e3 i3 .f IlY �(t 3,1 !i!{ if hI pi; l 7 t° ii s ji di a; f ' fi j i 33 MATONL10 INE - SEE SHEET .3 i .f t i 7 i t 1� :3d X7 {1 fii ii.i=°i is me �f yn _ DA is gf Oc a •. 00 ® 00 ®O OOOOO©©0000000 00000 Jill a f YORK ROAD m ................................................................................. ®®®so ®yo 0000aooa®oao© oo©oa j pya} )] pay ppp ,7a ja is @ cLEIRWI tER mRIYE . 9G9 � i� G a 35 0 qj � � � � $ � � @8 � B 50 � / I V I B Y B B AI i i. Y A A A A j � I 111!1! ! 1ldl+ a n m i 5 ) L1m1 a e aha ) 3 Zrri= e s3 NN� Frig @§©Hƒq/qf �¢ ■`| §| 14, a � �! : s � K R. Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007,06-24-308-009,06-24-308-012 and 06-24-308-013 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application was filed by York Road Associates, LLC ("York Road Associates'l owners of the property located at 2122 York Road and legally described in Exhibit 1 attached hereto and incorporated herein ("Property'l requesting variations ("Variations'l to allow for the construction of 118 additional parking spaces ("Parking Spaces'l and additional landscaping ("Landscaping'j; and as set forth in the following sections of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations'): 1. Variation to Section 13 -10E -3C.1 to permit a reduction in the required 100 -foot front yard setback along York Road and 22nd Street to a setback of 30 feet. 2. Variation to Section 13 -10E -2C.1 to permit an additional 115 parking spaces with a minimum width of 8'6" to a total of 396 spaces, which is approximately 42.95 percent of the total 922 existing and proposed parking spaces. 3. Variation to Section 13-12-3C to permit a reduction in the minimum parking space depth of 17'6" to 16 feet for 43 parking spaces facing 22"d Street; and WHEREAS, Ordinance No. 2016-ZO-V-EX-S-1473, adopted by the President and Board of Trustees of the Village of Oak Brook on October 11, 2016 ("Ordinance"), grants approval of the Variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until York Road Associates files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, York Road Associates does hereby agree and covenants as follows: 1. York Road Associates hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. York Road Associates acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. York Road Associates acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the use of the Property, the construction of the Parking Spaces and Landscaping and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the York Road Associates against damage or injury of any kind and at any time. 4. York Road Associates agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the operation and use of the Property, or the Village's adoption of the Ordinance. [SIGNATURE PAGE FOLLOWS] Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007,06-24-308-009,06-24-308-012 and 06-24-308-013 Page 7 of 8 Dated: aLt 2 + 2016. ATTEST: York Road Associates LLC, and Illinois limited liability company By: By: LO York LLC, a Delaware limited liability company, its Manager Name JJohn B. Grissim Title: Vice President FRED BUCHOLZ R2016-120342 DUPAGE COUNTY RECORDER Ordinance 2016-ZO-V-EX-S-1473 York Road Associates, LLC — 2122 York Road - Variations PIN: 06-24-308-007,06-24-308-009, 06-24-308-012 and 06-24-308-013 Page 8 of 8 I:v�1711-31fl LEGAL DESCRIPTION LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT, RECORDED AUGUST 28, 2008 AS DOCUMENT R2008-133469, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, PIN: 06-24-308-007 LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 2, RECORDED MARCH 26, 2010 AS DOCUMENT R2010-39896, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-009 LOT 1 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-012 LOT 2 IN CLEARWATER OAKBROOK ASSESSMENT PLAT NO. 4, RECORDED MARCH 13, 2014 AS DOCUMENT R2014-20867, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-013 P.I.N: 06-24-308-007,06-24-308-009, 06-24-308-012 and 06-24-308-013 The subject property is located at 2122 York Road in Oak Brook, Illinois 60523