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S-1513 - 11/14/2017 - PLANNED DEVELOPMENT - OrdinancesORDINANCE 2017-ZO-PUD-EX-S-1513 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (CARVANA AUTOMOTIVE DEALERSHIP – 720 Enterprise Drive) (PIN: 06-24-305-001) WHEREAS, Carvana, LLC,("Applicant") is the contract purchaser of certain real property located at 720 Enterprise Drive, Oak Brook, Illinois, within the Village's ORA-1 Office-Research-Assembly District, which property is legally described in Exhibit A ("Property"); and WHEREAS, the current owner of the Property is Elecmat Holdings, LLC (“Owner”); and WHEREAS, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois of 1966, as amended ("Zoning Ordinance"), Applicant, with the permission of Owner, has filed an application with the Village seeking approval for a Planned Developm ent in order to construct and operate an automotive dealership to facilitate the on-line sale of used cars on the Property ("Planned Development"), which Planned Development includes the demolition of an existing office building and the construction of a new 7,700 square foot, single-story dealership structure and a 75-foot tall glass and steel vehicle display tower (“Building”), all as more fully described in the application attached to, and hereby made a part of, this Ordinance as Exhibit B ("Application"); and WHEREAS, the President and Board of Trustees conducted a preliminary review of the proposed Planned Development at their June 13, 2017 meeting, at which time the President and Board of Trustees directed the Village's Community Development Director to prepare a report on the Application for the Village's Planned Development Commission ("PDC"), and referred the Application to the PDC for the purpose of conducting a public hearing; and WHEREAS, pursuant to notice duly published in accordance with state law and Section 13-15- 5C.2 of the Zoning Ordinance, the PDC commenced and concluded a public hearing on September 28, 2017 for the purposes of hearing and considering testimony on the Applicant's request for approval of the Planned Development; and WHEREAS, following the conclusion of the public hearing, the PDC adopted findings of fact and recommended that the Village Board approve the Planned Development to permit the development and operation of an automotive dealership on the Property pursuant to the recommendation letter attached hereto as Exhibit C; and WHEREAS, the President and Board of Trustees, having considered the recommendations of the PDC and being fully advised in the premises, have determined that the Application satisfies the standards set forth in Section 13-15-3 of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees have further determined that it is in the best interests of the Village and its residents to approve the Planned Development to permit the development and operation of an automotive dealership on the Property pursuant to Section 13-15-5D of the Zoning Ordinance, subject to the terms and conditions of this Ordinance. 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 hereby incorporated into and made a part of this Ordinance as if fully set forth in this Section. Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 2 of 12 Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village's Zoning Ordinance and subject to the conditions set forth in Section 5 of this Ordinance, the Planned Development shall be, and is hereby, approved to permit the development and operation of an automotive sales establishment on the Property. Section 3: Zoning Map Notation. Pursuant to Section 13-15-7B of the Village's Zoning Ordinance, the Village Manager or his designee is hereby authorized and directed to administratively note on the Village's official zoning map the existence and boundaries of the Planned Development approved pursuant to this Ordinance. Notwithstanding provisions in the Zoning Regulations to the contrary, including but not limited to Section 13-15-2, subsection (D), buildings and uses on the Property shall not be limited solely to those approved as part of this Ordinance, in that the Property may continue to be used and improved in accordance with the regulations applicable to the underlying ORA-1 Office-Research- Assembly District. Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of the Zoning Ordinance, and subject to the conditions and restrictions set forth in this Ordinance, the President and Board of Trustees hereby approve the following site development and use departures for the Property: A. The provisions of Section 13-10A.1 of the Zoning Ordinance are hereby waived to allow an automotive sales establishment as a permitted use for the Property. B. A variation is hereby granted from the provisions of Section 13-11-10C of the Zoning Ordinance to permit more than one (1) sign per street frontage, and to permit the wall signs to be located on the center of each building wall on the Property. C. A variation is hereby granted from the provisions of Section 13-11-10D of the Zoning Ordinance to permit the Applicant to exceed the maximum allowable gross surface area for signage on the Property of 200 square feet, and to install a total of approximately 562 gross square feet of sign area on the Property. D. A variation is hereby granted from the provisions of Section 13-11-10G.4 to permit the installation of a company logo that exceeds the height of the lettering of the Property’s principal wall sign. Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by the following conditions, the violation of any of which shall, in the reasonable discretion of the President and Board of Trustees, be grounds for the repeal and revocation of the approvals granted herein: A. No Authorization of Work. This Ordinance does not authorize commencement of any work on the Property. Except as otherwise specifically provided in writing in advance by the community development director, no work of any kind may be commenced on the Property pursuant to the approvals granted in this Ordinance unless and until all conditions of this Ordinance precedent to that work have been fulfilled and after all permits, approvals, and other authorizations for the work have been properly applied for, paid for, and granted in accordance with applicable law. B. Compliance with Laws. Except as provided in Section 4 of this Ordinance, all applicable ordinances and regulations of the Village shall apply to the Property. Further, the development and use of the Property shall be in compliance with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction over the Property. Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 3 of 12 C. Compliance With Plans. The development, maintenance, and operation of the Property will be in substantial compliance with the following documents and plans attached as Group Exhibit D and, by this reference, made a part of this Ordinance, except for minor changes approved by the community development director and village manager in accordance with Section 13-15-8 of the Zoning Ordinance: 1. Landscape Plan for Carvana, prepared by Bohler Engineering, consisting of one sheet, and dated July 13, 2017; 2. Lighting Plan for Carvana, prepared by Bohler Engineering, consisting of one sheet, and dated July 13, 2017; 3. Signage Package and Details for Carvana, prepared by Clayton Signs, Inc., consisting of ten sheets, and dated August 18, 2017; 4. Building Renderings for Carvana, consisting of three sheets; 5. Building Elevations for Carvana, prepared by WHN+ Architects, consisting of two sheets, and dated August 18, 2017; and 6. Site Plan for Carvana, prepared by Bohler Engineering, consisting of one sheet, and dated August 18, 2017. D. Fees and Costs. 1. Applicant shall be responsible for paying all applicable fees relating to the approval of this Ordinance. 2. Applicant shall pay all fees applicable to Applicant's development and use of the Property after the Approval of this Ordinance. 3. Applicant shall reimburse the Village for all of the Village’s reasonable costs (including without limitation engineering, planning, and legal expenses) incurred in connection with the review, consideration and, approval of this Ordinance. 4. Applicant shall reimburse the Village for all of the Village’s reasonable costs (including without limitation engineering, planning, and legal expenses) incurred in connection with the implementation or enforcement of this Ordinance by the Village following the approval hereof. 5. Any amount owed by Applicant under this Section 5.D that is not paid within sixty (60) days after delivery of a demand in writing for such payment shall, along with interest and the costs of collection, become a lien upon the Property (or that portion of the Property to which the unpaid amount relates), and the Village shall have the right to foreclose such lien in the name of the Village as in the case of foreclosure of liens against real estate. E. Automobile Unloading. Applicant shall only unload automobiles and permit automobiles to be unloaded on the rear side of the Property adjacent to Interstate 88. Section 6: Binding Effect; Non-Transferability. The privileges, obligations, and provisions of each and every section of this Ordinance are for the sole benefit of, and will be binding on, the Applicant. Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 4 of 12 Nothing in this Ordinance will be deemed to allow this Ordinance to be transferred to any person or entity without a new application for approval for any person or entity other than the Applicant. Section 7: Amendments. Any major or minor amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for the granting of such Planned Development amendments. Section 8: 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 approvals granted pursuant to 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 9: 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 10. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the President and Board of Trustees in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Applicant with the Community Development Director 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 in the form of Exhibit E, attached to and, by this reference, made a part of this Ordinance; and 4. The recordation of this Ordinance together with any exhibits as the Village Clerk deems appropriate for recordation in the Office of the DuPage County Recorder. The Applicant will bear the full cost of this recordation. B. In the event that the Applicant does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 10.A.3 of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS} Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 6 of 12 EXHIBIT A LEGAL DESCRIPTION LOT 4 IN THE CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 23 AND IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 1, 1965 AS DOCUMENT R65-18254, IN DUPAGE COUNTY, ILLINOIS. CONTAINING 46,001 SQ. FT. OR 1.06 ACRES MORE OR LESS. Common Address: 720 Enterprise Drive, Oak Brook, IL 60523 PIN: 06-24-305-001 Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 7 of 12 EXHIBIT B APPLICATION TAB 1 Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 8 of 12 EXHIBIT C PDC RECOMMENDATION Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 9 of 12 GROUP EXHIBIT D PLANS TAB 9 TAB 11 TAB 13 TAB 12 TAB 7 TAB 8 Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 10 of 12 EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois (“Village”): WHEREAS, an application has been filed by Carvana, LLC (“Petitioner”), with the permission of Elecmat Holdings, LLC, the owner of the property located at 720 Enterprise Drive, Oak Brook, Illinois (“Property”), which Property is legally described in Exhibit A attached hereto and incorporated herein, seeking approval for a Planned Development in order to operate an automotive dealership on the Property ("Planned Development"); and WHEREAS, Ordinance No. 2017-ZO-PUD-EX-S-1513, adopted by the President and Board of Trustees of the Village of Oak Brook on November 14, 2017, (“Ordinance”) grants approval of the Planned Development, subject to certain conditions, restrictions, and provisions; and WHEREAS, Subsection 10 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner 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 Petitioner does hereby agree and covenant as follows: 1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner 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 Petitioner has considered the possibility that the Planned Development granted by the Ordinance may be revoked if the Petitioner does not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner 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 Petitioner against damage or injury of any kind and at any time. 4. The Petitioner 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 Property or the Village’s adoption of the Ordinance. 5. The Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village in defending itself with regard to any and all claims mentioned in this Unconditional Agreement and Consent. These expenses shall include all out of pocket expenses, such as attorneys’ and experts’ fees, and shall also include the reasonable value of any services rendered by any employee of the Village. 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. [SIGNATURE PAGE FOLLOWS] Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 11 of 12 IN WITNESS WHEREOF, _______________________________ executed this Unconditional Agreement and Consent on behalf of Carvana, LLC, on this ______ day of _____________, 2017. ATTEST: PETITIONER By: By: Its: Its: SUBSCRIBED and SWORN to Before me this _____ day of ____________, 2017 Notary Public INTENTIONALLY LEFT BLANK Ordinance 2017-ZO-PUD-EX-S-1513 Planned Development – Carvana Automotive Dealership 720 Enterprise Drive PIN: 06-24-305-001 Page 12 of 12 EXHIBIT A Legal Description LOT 4 IN THE CENTRAL INDUSTRIAL PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 23 AND IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 1, 1965 AS DOCUMENT R65-18254, IN DUPAGE COUNTY, ILLINOIS. CONTAINING 46,001 SQ. FT. OR 1.06 ACRES MORE OR LESS. Common Address: 720 Enterprise Drive, Oak Brook, IL 60523 PIN: 06-24-305-001