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S-1415 - 02/10/2015 - VARIATION - Ordinances (2) FRED BUCHOLZ OUPAGE COUNTY RECORDER 9 AM AUG. 16, 2018 OTHER 537.00 06-27-200-009 011 PAGES R2018- 077071 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2015-ZO-V-EX-S-1415 AN ORDINANCE APPROVING A VARIATION FROM THE PROVISIONS OF SECTION 13-7C-3 AND OF TITLE 13 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT YAR DSETBACK FOR THE PROPERTY AT 1901 22ND STREET IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 1901 22ND Street Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-27-200-009 Name and Address of Applicant: Costco Wholesale Corporation 10809 1201h Ave., N.E. Kirkland WA 98033 Name and Address of Responsible: Costco Wholesale Party to Receive Copy of Recorded Document and Billing C/O Ted Johnson T J Design Strategies 2311 W. 22nd Street Suite 208 Oak Brook IL 60523 G/L Account to be charged: 10-1365 Prepared By and Return to: a Village of Oak Brook', 1200 Oak Brook Road t Oak Brook, Illinois 60523- 55 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: 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 February 10, 2015 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1415 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-7C-3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT YARD SETBACK FOR THE PROPERTY AT 1901 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS 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 14th day of August 2018. Charlotte K. Pruss (09 Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois C0t1t�TY ORDINANCE 2015-ZO-V-EX-S-1415 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-7C-3 OF TITLE 13("ZONING REGULATIONS")OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT YARD SETBACK FOR THE PROPERTY AT 1901 22"d STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-27-200-009) WHEREAS, Costco Wholesale Corporation ("Owner'l owns the property located at 1901 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'l; and WHEREAS, the Property is located in the B-3 General Business District("B-3 District'); and WHEREAS, Section 13-7C-3 of the Zoning Ordinance of the Village of Oak Brook,"as amended ("Zoning Regulations"), requires, in part, that properties abutting 22nd Street and York Road to have front yards with a depth of not less than 100 feet("Required Front Yard Setback'); and WHEREAS, on May 12, 1998, and pursuant to Ordinance 98-ZO-V-S-900 ("S-9001, the President and Board of Trustees granted a variation to the Owner to reduce the Required Front Yard Setback to 38 feet to permit Owner to construct an entrance canopy; and WHEREAS, the Owner has filed a petition requesting a further variation to Section 13-7C-3 of the Zoning Regulations and an amendment to S-900 ("Variation Amendment") to reduce the Required Front Yard Setback from 38 feet to 32 feet for an approximately 36 foot 4 inch (364") span to allow for the construction of a entrance vestibule and a protective overhang (collectively, "Improvements 11 attached to the existing building on the Property; and WHEREAS, on January 6, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing, pursuant to due and appropriate legal notice, on the application for the Variation Amendment; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the Variation Amendment set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated January 20, 2015, recommended approval of the Variation Amendment subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the ZBA and deem the Variation Amendment, 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. Grant of Variation Amendment. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, Section 3 of S-900 shall be amended in its entirety so that Section 3 of S-900 shall hereafter be and read as follows: Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 2 of 7 "That a variation to Section 13-7C-3 of the Zoning Regulations is hereby granted to reduce the required front yard setback to 32 feet, as measured to the eaves of the entrance vestibule, for an approximately 36 foot 4 inch (36'4") span to allow for the construction of a new entrance vestibule and a protective overhang attached to the existing building on the Property." 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. S-900 Remains in Effect. All provisions of Ordinance S-900 are to remain in full force and effect except for as specifically amended by Section 2 of this Ordinance; B. Substantial Conformance with Plans. The Improvements shall be constructed in substantial conformance with the approved plans, attached hereto and incorporated herein as Exhibit B; C. Compliance with Zoning Regulations and Village Code. The Owner shah comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois,"as amended, that were in effect on the date that the Owner submitted its building permit application to the Village except as specifically varied or waived; and A. 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 the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation Amendment 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; Non-Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. 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 the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an 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. Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 3 of 7 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 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 10th day of February, 2015. Gopal G. Lalmalani Village President PASSED THIS 10th day of February, 2015. Ayes: Trustees Manzo, Moy, Wolin, Yusuf Nays: None Absent: Trustees Adler, Baar ATTEST:.? Charlotte K. Pruss Village Clerk Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION Property: Lot 1 in Eastman Kodak Subdivision, being a subdivision in part of Section 27, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded June 22, 1995 as Document R95-076627, in DuPage County, Illinois. Permanent Parcel#06-27-200-009 Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 5 of 7 Exhibit B Plans 22nd STREET Is .. MA 1 11,11 II(' (�j�I r �JII��, ILfI�.I ILfI JIIIILIII�j��IpII..��III[�'I' - Ca. . ..• i,lI Lu Il 1 in 10 I I I J A � �ammea t ants ma=o ! T'J11 i k aflM 1 ie 4 I 1 __J y 25, sc ---_--_..— / f _. __—�L JJ.elt.jl I I I• r, 1'_50'A' NORTHERN ILLINOIS TOLL HIGHWAY Cos sWMI OAK BI PROJECT DATA VICINITY MAP ,x3. CLIENT. COSTCO WHOLESALE PARKING DATA: 999 LAKE DRIVE ISSAQUAH,WA 98027 PARKING PROVIDED: PROJECT ADDRESS: 1901 WEST 22ND ST Cad 10'WIDE STALLS 813 STALLS OAK BROOK,ILLINOIS 60521 ®lit HANDICAP STALLS 15 STALLS TOTAL PARKING 628 STALLS SITE AREA: 13.45 ACRES(586,029 S.F.) srte ur+o EXIST.BUILDING DATA: EXIST.FIRST FLOOR AREA 164,518 S.F. EXIST.SECOND FLOOR AREA 13,430 S.F. TOTAL EXIST.BUILDING 177,948 S.F. 96-1770 OCTOBER CONCEPT PLAN COSTCO WHOLESALE CONCEPT SITE PLAN SD10 OAK BROOK, ILLINOIS OCTOBER 20, 2014 e y Y� --F VIEW OF EXISTING ENTRY VIEW OF PROPOSED ENTRY _ 99 zoj EXISTING E.I.F.S. - BlJI1,pING EXTERIOR II ❑ ❑ VISION ! PAINTED METAL GLASS Ell CHANNEL r . . VESTIBULE ELEVATION at. iWIK NEWA • P d' z AND RA -_-. _._ OAK BF #38 1901 W 22n ! Oek Brook, v f LUM.STOREFRONT •WINDOW&DOOR SYSTEM �" 'r' �_'�•�� .....„ ...e na.w we..E 19' 2U 4 PERSPECTIVE OF ENTRY VESTIBULE PLAN 96-1770-21 OCTOBER: ENTRY VE: EXHIBIT COSTCO WHOLESALE ENTRY VESTIBULE DD30: OAK BROOK, ILLINOIS OCTOBER 20, 2014 Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 6 of 7 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, the Costco Wholesale Corporation ("Owner's has filed a petition requesting a variation to Section 13-7C-3 of the "Zoning Ordinance of the Village of Oak Brook," as amended, to reduce the required front yard setback to 32 feet for an approximately 36 foot 4 inch (36'4") span ("Variation") to allow for the construction of a entrance vestibule and a protective overhang (collectively, "Improvements") on the existing building at 1901 22nd Street, Oak Brook, Illinois; and WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1415, adopted by the President and Board of Trustees of the Village of Oak Brook on February 10, 2015 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 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, within 60 days following the passage of the Ordinance, and consents to accept and abide by each of the terms, conditions and limitations set forth in said Ordinance,- NOW, rdinance;NOW, THEREFORE, the Owner does hereby agree and covenant as follows.- 1. ollows: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 and agrees 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 variation 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 construction or use of the addition on the Property, and that the Village's issuance of any such permit 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 such parties in connection with the construction, operation, and use of the addition, the Property, or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owners and their heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2015-ZO-V-EX-S-1415 Granting a Variation from the Provisions of Section 13-7C-3 For 1901 22nd Street PIN: 06-27-200-009 Page 7 of 7 living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, Costco Wholesale Corporation executed this Unconditional Agreement and Consent on this 6'�n4day of A407'W , 2015. Dated: ltaaf?ZM S , 2015. ATTES Costco oies I rpo ti, By: / By: Its: Ric ardJ. Olin 9SIF14 on SMASSt. Secretary