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S-1537 - 06/12/2018 - VARIATION - OrdinancesFRED BUCHOLZ DUPAGE COUNTY RECORDER JUN. 22, 2018 11:12 AM OTHER 47.00 06-24-308-019 021 PAGES R2018- 056812 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 2018-ZO-V-EX-S-1537 AN ORDINANCE GRANTING VARIATIONS FROM SEVERAL PROVISIONS OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF A SIX STORY SENIOR HOUSING DEVELOPMENT ON THE PROPERTY LOCATED AT 2055 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK Property Address/es Senior Lifestyle Development Company LLC and York Road Associates LLC—2055 Clearwater Drive If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-308-019 Name and Address of Applicant: Robert Gawronski Senior Lifestyle Development Company, LLC Name and Address of Owner: John Grissim York Road Associates Name and Address of Responsible Party to Receive Copy of Recorded Document and Billing: Robert Gawronski Senior Lifestyle Development Company, LLC 303E Wacker Drive Suite 2400 Chicago IL 60601 G/L Account to be charged: 10-1365 Prepared By and Return to: ( 200 illage of Oak Brook Oak Brook Road Oak Brook, Illinois 60523-2255 Name &Address of Recipient of Consideration (when applicable): N/A 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 June 12, 2018, the corporate authorities of the above municipality passed and approved: ORDINANCE 2018-ZO-V-EX-S-1537 AN ORDINANCE GRANTING VARIATIONS FROM SEVERAL PROVISIONS OF TITLE 13 ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF A SIX STORY SENIOR HOUSING DEVELOPMENT ON THE PROPERTY LOCATED AT 2055 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK ADDRESS: SENIOR LIFESTYLE DEVELOPMENT COMPANY, LLC AND YORK ROAD ASSOCIATES, LLC- 2055 CLEARWATER DRIVE PIN: 06-24-308-019 1 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 18th day of June 2018 OF Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2018-ZO-V-EX-S-1537 AN ORDINANCE GRANTING VARIATIONS FROM SEVERAL PROVISIONS OF TITLE 13 ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ALLOW FOR "HE CONSTRUCTION OF A SIX STORY SENIOR HOUSING LEVELOPMENT ON THE PROPERTY LOCATED AT 2055 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK Senior Lifestyle Development Company, LLC and York Road Associates, LLC—2055 Clearwater Drive PIN: 06-24-308-019 WHEREAS, an application was filed by Senior Lifestyle Development Company, LLC ("SLDC"), the contract purchaser of the property located at 2055 Clearwater Drive, legally described in Exhibit A attached hereto and incorporated herein ("Property'), and York Road Associates, LLC ("YorK') collectively with SLDC, the "Applicant'), the Property's owner, requesting variations to allow for the construction of a senior housing development that includes a six story masonry structure containing 119 independent living units, 66 licensed assisted living units, 15 memory care units, and related improvements (the"Development'); and WHEREAS, the Property is located in the 04, Office Zoning District; and WHEREAS, the Applicant applied for six (6) variations from the Zoning Regulations, as described in Section 2 below (the"Variations"); and WHEREAS, on May 1, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing; pursuant to due and appropriate legal notice, to consider the Variations and Development; and WHEREAS, after the close of the public hearing, the ZBA found that the Applicant 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 May 10, 2018, recommended approval of the Variations to allow the construction of the Development, subject to certain conditions; and WHEREAS, on May 22, 2018, the Village President and the Board of Trustees concurred with the findings made by the ZBA; and WHEREAS, the appl,cable requirements of Section 13-14-6D of the Village Code relating to the granting of variations to the Zoning Regulations have been met. 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 Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve the following variations to the Zoning Regulations: A. Variation to Section 13-3-17B.2 of the Zoning Regulations to increase the maximum allowable fence height from forty two (42") inches to eight (8') feet for a fence to be constructed around the memory care garden area of the Development. Ordinance 2018-ZO-V-EX-S-1537 Senior Lifestyle Development Company,LLC and York Road Associates,LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 2 of 9 B. Variation to Section 13-10E-3C.2 of the Zoning Regulations to reduce the required thirty (30) foot side yard setback to zero (0') feet to accommodate a loading birth and electrical generator, as depicted on Exhibit B. C. Variation to Section 13-12-7G.2 of the Zoning Regulations to reduce the number of required loading berths from four(4)to one (1). D. Variation to Section 13-12-7A.1 of the Zoning Regulations to increase the maximum allowable height of screening adjacent to a loading berth from eight (8') feet to twelve (12') feet. E. Variation to Section 13-12-4C of the Zoning Regulations to allow landscaping to be consolidated within the parking lot, as shown on Exhibit B, in lieu of providing an interior tree for each fifteen (15) parking spaces. F. Variation to Section 13-14-6F of the Zoning Regulations to allow the Applicant to file a variance application before January 9, 2019. 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 Development and all other proposed improvements shall be constructed in substantial conformance with the plans dated March 20, 2018 attached hereto and incorporated herein collectively as Exhibit B. B. Compliance with Law and Regulations. All work or activities performed or undertaken on the Property shall comply with all federal, state, and Village ordinances, resolutions, rules, and regulations, as amended. C. Contingent on Special Use Approval. This Ordinance and the approvals granted herein are subject to the Village's approval of Ordinance S-1538 a special use amendment to allow a senior housing development to be constructed and operate on the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Applicant 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 Applicant and any and all of Applicant's heirs, successors, and assigns. Upon any conveyance of the fee simple interest in the Property, the Applicant shall be released and relieved of all obligations and liabilities thereafter accruing under this Ordinance and the grantee shall automatically accept and assume such obligations and liabilities. 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 Brock in the manner required by law; and I Ordinance 2018-ZO-V-EX-S-1537 Senior Lifestyle Development Company,LLC and York Road Associates,LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 3 of 9 ii. The filing by the Applicant 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 SLDC and York. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that Applicant does not file with the Village Clerk a fully executed Unconditional Agreement and Consent required by Paragraph 7.A.ii 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 12th day of June, 2018. Gopal G. Lalmalani Village President PASSED THIS 12th day of June, 2018. Ayes:_ _ Trustees Baar, Cuevas, Saiyed, Tiesenga, Yusuf Nays:_` rustee Marzo Absent: ATTEST: i Charlotte K. Pruss Village Clerk Ordinance 2018-ZO-V-EX-3-1537 Senior Lifestyle Development Company,LLC and York Road Associates,LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 4 of 9 EXHIBIT A i LEGAL DESCRIPTION LOT 6 IN FINAL PLAT OF RESUBDIVISION OF CLEARWATER, BEING A RESUBDIVISION IN PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT RECORDED SEPTEMBER 22, 2016 AS DOCUMENT NUMBER R2016-102540 PIN: 06-24-308-019 The subject property is located at 2055 Clearwater Drive, Oak Brook, Illinois 60523 Ordinance 2018-ZO-V-EX-S-1537 Senior Lifestyle Development Company,LLC and York Road Associates, LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 5 of 9 EXHIBIT B I APPROVED PLANS Attached] THE SHERIDAN AT OAK BROOK 08/14/2017 THE SHERIDAN AT OAK BROOK 08/14/2017March 20, 2018 THE SHERIDAN AT OAK BROOK08/14/2017THE SHERIDAN AT OAK BROOK08/14/2017March 20, 2018 THE SHERIDAN AT OAK BROOK08/14/2017March 20, 2018 THE SHERIDAN AT OAK BROOK08/14/2017THE SHERIDAN AT OAK BROOK08/14/2017March 20, 2018 CLEARWATER DRIVECLEARWATER DRIVELA FITNESSEXISTING RETAIL30' SETBACKPROPERTY LINELOADING DOCKRAMP TO LL PARKINGMEMORY CARETERRACE ENTRY W/CANOPY DRIVE AISLE27'-0"18'-0"DRIVE AISLE27'-0"TYP.18'-0"TYP.18'-0"DRIVE AISLE24'-0"18'-0"18'-0"DRIVE AISLE24'-0"18'-0"18'-0"DRIVE AISLE24'-0"DRIVE AISLE24'-0"8'-0"8'-0"18'-0"18'-0"15'-6 1/2"18'-0"DRIVE AISLE27'-0"TYP.9'-0"5' CONC. SIDEWALKREFER TO LANDSCAPE DWGS FOR SCHEDULED PLANTINGSR 27' - 0"R 6' - 6"TRANSFORMER W/SCREEN WALL ADJACENT EXIST. RETAIL LOADING DOCKTGAL / ILTERRACEGENERATOR W/ SCREENTOTAL 179 SPACES91 SPACES @ 9'-0"X18'-0"117'-0"21 SPACES @ 9'-0"X18'-0"224'-0"19 SPACES @ 9'-0"X18'-0"171'-0"PROPOSED SENIOR RESIDENCESENTRY TO GRADE LVL PARKING8 SPACES @ 9'-0"X18'-0"72'-0"5'-0"14 SPACES @ 9'-0"X18'-0"126'-0"8 SPACES @ 9'-0"X18'-0"72'-0"6 SPACES @ 9'-0"X18'-0"54'-0"16'-0"4 SPACES @ 9'-0"X18'-0"36'-0"9'-0"9'-0"16'-0"4 SPACES @ 9'-0"X18'-0"36'-0"SITE PLANTHE SHERIDAN AT OAK BROOK08/14/20170163264128March 20, 2018 RESIDENTIAL PARKINGDRIVE AISLE27'-0"18'-0"18'-0"18'-0"DRIVE AISLE27'-0" 36'-0"DRIVE AISLE27'-0" 18'-0"DRIVE AISLE27'-0"RAMP TO GRADE30' SETBACKPROPERTY LINERES. STOR.TYP.9'-0"TOTAL GARAGE PARKING SPACES LOWER LEVEL: 150 SPACESLEVEL 1: 35 SPACESTOTAL: 185 SPACES (INCLUDING 6 HANDICAP SPACES)LOWER LEVEL PLANTHE SHERIDAN AT OAK BROOK08/14/20170163264128March 20, 2018 BACK OF HOUSECOMMON AREAMEMORY CARECLEARWATER DRIVELA FITNESSEXISTING RETAILENTRY W/CANOPY TRANSFORMER W/ SCREEN WALL ADJACENT EXIST. RETAIL LOADING DOCKTMEMORY CARETERRACE AL / ILTERRACE RESIDENTIAL PARKINGDECORATIVE ALUM. FENCE AT MC TERRACELOADING DOCKGENERATOR W/ SCREENREFER TO LANDSCAPE DWGS FOR SCHEDULED PLANTINGS30' SETBACKPROPERTY LINE18'-0"DRIVE AISLE27'-0"TYP.18'-0"TYP.18'-0"DRIVE AISLE24'-0"18'-0"18'-0"DRIVE AISLE24'-0"18'-0"18'-0"DRIVE AISLE24'-0"18'-0"TYP.9'-0"TOTAL 179 SPACESENTRY TO GRADE LVL PARKINGRAMP TO LL PARKINGDRIVE AISLE24'-0"18'-0"15'-6 1/2"18'-0"DRIVE AISLE27'-0"91 SPACES @ 9'-0"X18'-0"117'-0"5' CONC. SIDEWALKDRIVE AISLE27'-0"21 SPACES @ 9'-0"X18'-0"224'-0"8'-0"8'-0"18'-0"19 SPACES @ 9'-0"X18'-0"171'-0"14 SPACES @ 9'-0"X18'-0"126'-0"5'-0"8 SPACES @ 9'-0"X18'-0"72'-0"9'-0"9'-0"R 6' - 6"R 27' - 0"6 SPACES @ 9'-0"X18'-0"54'-0"8 SPACES @ 9'-0"X18'-0"72'-0"4 SPACES @ 9'-0"X18'-0"36'-0"16'-0"16'-0"4 SPACES @ 9'-0"X18'-0"36'-0"CLEARWATER DRIVEFIRST FLOOR PLANTHE SHERIDAN AT OAK BROOK08/14/20170163264128March 20, 2018 INDEPENDENT LIVINGASSISTED LIVING30' SETBACKPROPERTY LINEFLOOR PLANS 2 - 5THE SHERIDAN AT OAK BROOK08/14/20170163264128March 20, 2018 INDEPENDENT LIVINGMECHANICAL MECHANICAL MECHANICAL 30' SETBACKPROPERTY LINETERRACETERRACESIXTH FLOOR PLANTHE SHERIDAN AT OAK BROOK08/14/20170163264128March 20, 2018 METAL MECHANICAL PENTHOUSE SCREENBRICKCAST STONE, TYP.ALUMINUM FRAMED WINDOW W/ OPERABLE LITESDECORATIVE METAL RAILINGCAST STONESTOREFRONT WINDOW SYSTEMSTONE KNEE WALLMETAL MECHANICAL PENTHOUSE SCREENBRICKALUMINUM FRAMED WINDOW W/ OPERABLE LITESDECORATIVE METAL RAILINGCAST STONEELEVATIONSTHE SHERIDAN AT OAK BROOK08/14/2017March 20, 2018 METAL MECHANICAL PENTHOUSE SCREENBRICKCAST STONE, TYP.ALUMINUM FRAMED WINDOW W/ OPERABLE LITESDECORATIVE METAL RAILINGMETAL MECHANICAL PENTHOUSE SCREENELEVATIONTHE SHERIDAN AT OAK BROOK08/14/2017March 20, 2018 Ordinance 2018-ZO-V-EX-S-1537 Senior Lifestyle Development Company,LLC and York Road Associates,LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 6 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application was filed by Senior Lifestyle Development Company, LLC ("SLDC"), the contract purchaser of the property located at 2055 Clearwater Drive, legally described in Exhibit A attached hereto and incorporated herein ("Property'), and York Road Associates, LLC ("YorK') collectively with SLDC, the "Applicant'), the Property's owner, requesting approval of six (6) variations more fully described in Ordinance No. 2018-ZO-V-EX-S-1537 ("Variations") to allow for the construction of a senior housing development that includes a six story masonry structure containing 119 independent living units, 66 licensed assisted living units, 15 memory care units, and related improvements (the j Development'); and WHEREAS, Ordinance No. 2018-ZO-V-EX-S-1537, adopted by the President and Board of Trustees of the Village of Oak Brook on June 12. 2018 ("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 Applicant 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. the Applicant does hereby agree and covenants as follows: 1. Applicant hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, estrictions, and provisions of the Ordinance. 2. Applicant acknowledges and agrees that: (i) the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, (ii) the Applicant has considered the possibility that the Ordinance and the approvals granted thereby may be revoked if the Applicant does not comply with the Ordinance; and (iii) the Applicant agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. Applicant 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 Property, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4. Applicant 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 2018-ZO-V-EX-S-1537 Senior Lifestyle Development Company,LLC and York Road Associates,LLC-2055 Clearwater Drive Variations-Senior Housing Development PIN:06-24-308-019 Page 7 of 9 IN WITNESS WHEREOF, executed this Unconditional Agreement aConsent on behalf of Senior Lifestyle Development Company, LLC, on this Z- day ofIdLA- f 2018. ATTEST: Senior Lif tyle evelp ment Company, LLC By: By: Its: /%'lam Its: 4 G SUBSCRIBED and SWORN to Before me this—IX _day of L%W 2018 DEBORAH D'ATTOMO b0i44 OFFICIAL SEAL Notary Public.State of Illinois My Commission Expires Notary Public September 18,2018 seal> IN WITNESS WHEREOF, JfY1 l(y executed this Unconditional Agreement and Consent on behalf of York Road Associates, LLC, on this Z— day of j Q 2018. ATTEST: York Road Associates, LLC By: By: Its: "v 7j Its: SUBSCRIBED and SWORN to Before me this 1,/L day of 2018 Notary Public e-q Gia OFFICIAL SEAL CHARLOTTE K PRUSS Notary Public-State of Illinois My Commission Expires Jul 26,2019 F g a'.Es'rwA"uw''.sA/h YD'I6, ii N.+.m Y$ Y„5_'.._ k i r':JPq X 3Ti'Q_ittA40 ior:i6E5 to Nola-at:-J4q t+stom MR ,8S nc nimma")pili Ordinance 201 8-ZO-V-EX-S-1 537 Senior Lifestyle Development Company, LLC and York Road Associates,LLC—2055 Clearwater Drive Variations—Senior Housing Development PIN:06-24-308-019 Page 8 of 9 EXHIBIT 1 LEGAL DESCRIPTION LOT 6 IN FINAL PLAT OF RESUBDIVISION OF CLEARWATER, BEING A RESUBDIVISION IN PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT RECORDED SEPTEMBER 22, 2016 AS DOCUMENT NUMBER R2016-102540 PIN: 06-24-308-019 The subject property is located at 2055 Clearwater Drive, Oak Brook, Illinois 60523 4838-3430-2311,v.