S-1491 - 04/11/2017 - VARIATION - Ordinances (2)UNOFFICIAL COPY----- -
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FRED BUCHOLZ
DUPAGE COUNTY RECORDER
MAY 03,2017 11:13 AM
PLAT $44.00 06-24-307-023
PLAT PAGE COUNT: 7
011 PAGES R2017-042594
SUBMITTED BY:
(A Space For Recorder's Offiw
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Property Address/es 2000 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-307-023
Name and Address of Applicant:
Hub Group, Inc.
Attn: Douglas G. Beck
2000 Clearwater Drive
Oak Brook, IL 60523
Name and Address of Responsible: Same
Party to Receive Copy of
At the same address above
Recorded Document and Billing
Prepared By and Return to:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
G/L Account to be charged:
10-1365
Name & Address of Recipient
N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2017-ZO-V-EX-S-1491
AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN
PROVISIONS OF SECTIONS 13 -10E -3C.1, 13 -10E -3C.2 AND 13-15-2A OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE FRONT AND SIDE YARD SETBACKS AND THE
PLANNED DEVELOPMENT REGULATION REQUIREMENTS
FOR THE PROPERTY LOCATED AT
2000 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-24-307-023
WHEREAS, an application has been filed by Hub Group, Inc., as owner ("Owner'), of the
property located at 2000 York Road, Oak Brook, Illinois, which is legally described in Exhibit A attached
hereto and incorporated herein ("Property"), requesting variations from Sections 13 -10E -3C.1, 13 -10E -
3C.2 and 13-15-2A collectively, ("Verfations'l of the Zoning Ordinance of the Village of Oak Brook, as
amended ("Zoning Regulations'l, to allow for the construction of a new office building ("Hub Group
Headquarters Expansion) that includes an elevated above ground pedestrian bridge connection ("Sky
Brldge'l that would connect the new office building with its existing headquarters that will virtually mirror
the improvements at the existing Hub Group headquarters office building located at 2000 Clearwater
Drive and to allow construction without the need for the Planned Development process requirement
("Planned Development Process'j;
WHEREAS, Section 13-10E.3C.1 of the Zoning Regulations does not permit structures to be
located less than one hundred feet (100') in the required front yard setback in the 04 Office District ("04
District'j; and
WHEREAS, Section 13-10E.3C.2 of the Zoning Regulations does not permit structures to be
located less than thirty feet (30') in the required side yard setback in the 04 Office District ('04 District'j;
and
WHEREAS, Section 13-15-2A of the Zoning Regulations does not permit construction within the
planned development overlay district without the approval of a planned development; and
WHEREAS, the Owner cannot construct the Hub Group Headquarters Expansion and Sky Bridge
without obtaining Variations on the Property, as follows:
1. Section 13-10E.3C.1 — Variation to reduce the required front yard setback from 100 feet
(100') to approximately 85 feet (85') to permit the construction of the new Hub Group
Headquarters Expansion on the Property to line up the building frontage facing York Road to
be parallel to and virtually identical to the existing Hub Group headquarters office building at
2000 Clearwater Drive; and
2. Section 13-10E.3C.2 — Variation to reduce the required side yard setback on the Property
from 30 feet (30') to zero feet (0') to permit the construction of a Sky Bridge to connect the
proposed Hub Group Headquarters Expansion building to the existing office building located
at 2000 Clearwater Drive, which would provide pedestrian access between the two buildings;
and
Ordinance 2017-ZO-V-EX-S-1491
2000 York Road - Variations
PIN: 06-24307-023
Page 2 of 9
3. Section 13-15-2A — Variation to permit the construction of the Sky Bridge on the Property
without the need for an approved Planned Development.
WHEREAS, on March 7, 2017, the Oak Brook Zoning Board of Appeals ('ZBA'g conducted a
public hearing on the application for the requested Variations, pursuant to due and appropriate legal
notice; and
WHEREAS, after the close of the public hearing, the ZBA found that the Owner 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 to the President and Board of Trustees dated March 21, 2017 recommended
approval of the Variations subject to certain conditions; and
WHEREAS, on March 28, 2017, the Village President and the Board of Trustees reviewed the
recommendations and concurred with the findings made by the ZBA; 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 and the Village President and Board of
Trustees deem the Variations, as set forth below, to be in the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
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 of the Zoning Regulations to reduce the required front yard
setback from one hundred feet (100') to approximately eight -five feet (85') to permit the
construction of the new Hub Group Headquarters Expansion on the Property to allow the
building frontage facing York Road to line up and be parallel to and virtually identical to the
existing Hub Group headquarters office building at 2000 Clearwater Drive; and
2. Variation to Section 13-10E.3C.2 of the Zoning Regulations to reduce the required side yard
setback from 30 feet (30') to zero feet (0') to permit the construction of a Sky Bridge on the
Property to connect the proposed building on the Property to the existing Hub Group
headquarters office building at 2000 Clearwater Drive; and
3. Variation to Section 13-15-2A of the Zoning Regulations to permit the construction of the Hub
Group Headquarters Expansion and Sky Bridge on the Property without the need for an
approved Planned Development.
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 Hub Group Headquarters Expansion and Sky Bridge
will be constructed in substantial conformance with the Overall Layout Plan, Sheet C3.0 prepared
by V3 Companies, the Site Plan showing landscaping, Conceptual and Elevation Plans prepared
by Solomon Cordwell Buenz all dated January 31, 2017, attached hereto and incorporated herein
collectively as Exhibit B.
B. 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
Ordinance 2017-ZO-V-EX-S-1491
2000 York Road - Variations
PIN: 06-24-307-023
Page 3 of 9
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 the Owner 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 Owner and any and all of its heirs,
successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or
any portion of the Property.
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
The filing by the Owner 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 the Owner. The
unconditional agreement and consent must be substantially in the form attached
hereto and incorporated herein as Exhibit C.
B. In the event that the Owner 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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2017-ZO-V-EX-5-1491
2000 York Road - Variations
PIN: 06-24-307-023
Page 4 of 9
APPROVED THIS 11" day of April, 2017.
Gopal G. Lalmalani
Village President
PASSED THIS 11'h day of April, 2017.
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
ATTEST:
dAj'4��A'G(lj
C arlotte K. Pruss
Village Clerk
EXHIBIT A
I, xH_\ 411 *Id N I i die] 2
Property
Ordinance 2017-ZO-V-EX-S-1491
2000 York Road - Variations
PIN: 06-24-307-023
Page 5 of 9
PARCEL 1:
LOT 1 IN REUBEN H. DONNELLEY CORPORATION RESUBDIVISION, BEING A RESUBDIVISION OF
LOT 1 IN REUBEN H. DONNELLEY CORPORATION SUBDIVISION OF PART OF THE SOUTHWEST
/. OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED APRIL 16, 1973 AS DOCUMENT
R73-20784, IN DU PAGE COUNTY ILLINOIS.
PARCEL 2:
THAT PART OF LOT 1 OF OFFICIAL AIRLINES GUIDES SUBDIVISION, A SUBDIVISION IN THE
SOUTHWEST Y. OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 16, 1980 AS
DOCUMENT R80-04175. DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 12
DEGREES 43 MINUTES 24 SECONDS EAST ALONG AN EASTERLY LINE OF LOT 1, AFORESAID,
144.77 FEET TO THE POINT OF BEGINNING OF LAND HEREIN DESCRIBED: THENCE
CONTINUING SOUTH 12 DEGREES 43 MINUTES 24 SECONDS EAST ALONG SAID EASTERLY LINE
20.28 FEET TO A CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 37 MINUTES 56
SECONDS EAST ALONG A NORTH LINE OF LOT 1, AFORESAID 105.99 FEET TO A NORTHEAST
CORNER OF SAID LOT 1; THENCE SOUTH 0 DEGREES 22 MINUTES 04 SECONDS EAST ALONG
ANOTHER EAST LINE OF LOT 1, AFORESAID, 56.18 FEET, THENCE NORTH 83 DEGREES 02
MINUTES 28 SECONDS WEST 108.78 FEET, THENCE NORTH 2 DEGREES 36 MINUTES 53
SECONDS WEST 62.17 FEET TO THE POINT OF BEGINNING IN DU PAGE COUNTY, ILLINOIS.
PIN: 06-24-307-023
Ordinance 2017-ZO-V-EXS-1491
2000 York Road - Variations
PIN: 06-24-307-023
Page 6 of 9
EXHIBIT B
OVERALL LAYOUT PLAN, SITE PLAN WITH LANDSCAPING,
CONCEPTUAL AND ELEVATION PLANS
Ordinance 2017-ZO-V-EX-S-1491
2000 York Road - Variations
PIN: 06-24-307-023
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ('01age')
WHEREAS, an application has been filed by Hub Group, Inc., as owner ("Owner'), of the
property located at 2000 York Road, Oak Brook, Illinois, which is legally described in Exhibit A attached
hereto and incorporated herein ("Property"), requesting variations from Sections 13 -10E -3C.1, 13 -10E -
3C.2 and 13-15-2A collectively, ("Varfadons'l of the Zoning Ordinance of the Village of Oak Brook, as
amended ("Zoning Regulations'), to allow for the construction of a new office building ("Hub Group
Headquarters Expansion) that includes an elevated above ground pedestrian bridge connection ("Sky
Bridge'l that would connect the new office building with its existing headquarters that will virtually mirror
the improvements at the existing Hub Group headquarters office building located at 2000 Clearwater
Drive and to allow construction without the need for the Planned Development process requirement
("Planned Development Process'l;
WHEREAS, Ordinance No. 2017-ZO-V-EX-S-1491, adopted by the President and Board of
Trustees of the Village of Oak Brook on April 11, 2017 ("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 the Owner 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, Owner hereby agrees and covenants as follows
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owner acknowledges that: (i) public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the
Variations granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance;
and (iii) the Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity
or a denial of any procedural right.
3. The Owner 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 Sky Bridge and that the Village's issuance of any such permits
does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind
and at any time.
4. The Owner 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 2017-ZO-V-EX-S-1491
2000 York Road - Variations
PIN: 08-24-307-023
Page 8 of 9
IN WITNESS WHEREOF, b Offhf-S... BeA execute
� this Unconditional Agreement
and Consent on behalf of Hub Gro p, Inc . on this Z$ �f r 1 1 2017.
Hub up, Inc
By:
Its: �u�l�ll p Sec Q t
State of Illinois
County of DuPage )
I, MAXA-1, - 119.1%D1-PI/koa Notary Public in and for the County and State aforesaid do hereby
certify that DpUG4. 2S` 6— Se -CR , personally known to me, and that he/she appeared
before me this�c`day of /9PtelG 2017, and acknowledged that he/she personally executed
this instrument.
Not Public
Seal
OFFICIAL SEAL
MARALEE M.VOLCNKO
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPOIES 09/04/2020
Ordinance 2017-ZO-V-EX-S-1491
2000 York Road - Vadations
PIN: 0624-307-023
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property
PARCEL 1:
LOT 1 IN REUBEN H. DONNELLEY CORPORATION RESUBDIVISION, BEING A RESUBDIVISION OF
LOT 1 IN REUBEN H. DONNELLEY CORPORATION SUBDIVISION OF PART OF THE SOUTHWEST
Y, OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED APRIL 16, 1973 AS DOCUMENT
R73-20784, IN DU PAGE COUNTY ILLINOIS.
PARCEL 2:
THAT PART OF LOT 1 OF OFFICIAL AIRLINES GUIDES SUBDIVISION, A SUBDIVISION IN THE
SOUTHWEST V4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 16, 1980 AS
DOCUMENT R80-04175. DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 12
DEGREES 43 MINUTES 24 SECONDS EAST ALONG AN EASTERLY LINE OF LOT 1, AFORESAID,
144.77 FEET TO THE POINT OF BEGINNING OF LAND HEREIN DESCRIBED: THENCE
CONTINUING SOUTH 12 DEGREES 43 MINUTES 24 SECONDS EAST ALONG SAID EASTERLY LINE
20.28 FEET TO A CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 37 MINUTES 56
SECONDS EAST ALONG A NORTH LINE OF LOT 1, AFORESAID 105.99 FEET TO A NORTHEAST
CORNER OF SAID LOT 1; THENCE SOUTH 0 DEGREES 22 MINUTES 04 SECONDS EAST ALONG
ANOTHER EAST LINE OF LOT 1, AFORESAID, 56.18 FEET, THENCE NORTH 83 DEGREES 02
MINUTES 28 SECONDS WEST 108.78 FEET, THENCE NORTH 2 DEGREES 36 MINUTES 53
SECONDS WEST 62.17 FEET TO THE POINT OF BEGINNING IN DU PAGE COUNTY, ILLINOIS.
PIN: 06-24-307-023