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R-1909 - 10/27/2020 - EXTENSION - Resolutions ITEM 6.C.3 BOARD OF TRUSTEES MEETING VILLAGE 01 SAMUEL E. DEAN BOARD ROOM OAK BR , K , BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of October 27, 2020 SUBJECT: Franklin 1900 Spring Road, LLC, 1900 Spring Road - Extension of Preliminary Plat of Subdivision Approval FROM: Tony Budzikowski,AICP, Development Services Director -1-5 BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Resolution R-1909, which approves a second, one-year time extension for the approval of the preliminary plat of subdivision for Lot 3 of the Franklin Subdivision approved by Resolution R-1762. Background/History: At the October 13,2020 Board meeting,the Village Attorney/Staffwere directed to prepare the necessary resolution granting approval of a second, one-year time extension of the requirement for the owner to file a final plat for the approval of Lot 3 in the Franklin Subdivision. The original preliminary plat of subdivision was approved on November 13, 2018 by Resolution R-1762. The property owner had submitted a letter of request to extend the preliminary plat approval for another one-year because the FEMA review of the CLOMR floodway revisions was a somewhat lengthy and complicated process. During this next one-year,the property owner expects the final engineering/plat to be finalized and the marketing efforts to continue in order to achieve pre-sale reservations of 40% of the condominium units to move forward with financing. Recommendation: Approve Resolution R-1909. REG BOT 102720 Agenda Item 6.C.3-Time Extension-R-1909 Franklin 1900 Spring Road.docx Page 1 R6 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2020-SR-PP-EX-R-1909 A RESOLUTION APPROVING AN EXTENSION OF ONE YEAR PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1842 AND R-1762 GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 27th day of October, 2020 RESOLUTION 2020-SR-PP-EX-R-1909 A RESOLUTION PROVIDING FOR AN EXTENSION OF THE ONE YEAR TIME PERIOD PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 31N THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1842 and R-1762 1900 Spring Road,Oak Brook,Illinois PIN:06-23-302-006 WHEREAS,the Village of Oak Brook,Cook and DuPage Counties,Illinois(hereinafter referred to as the"Village')is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village is authorized by the Illinois Municipal Code,65 ILCS 5/11-13-5,to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use,construction or alteration of buildings or structures or the use of land; WHEREAS, the property commonly referred to as 1900 Spring Road, Oak Brook, Illinois (hereinafter referred to as the "Subject Property'l previously received preliminary plat of subdivision approval; WHEREAS,the Village of Oak Brook Plan Commission previously recommended approval of the request for the preliminary plat of subdivision for the Subject Property with certain conditions,and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, on November 13, 2018 the Village Board of Trustees finding the request to be reasonable approved Resolution 2018-SR-PP-EX-R-1762 (hereinafter referred to as "Resolution R- 1762'1 approving the preliminary plat of subdivision; WHEREAS,on November 26,2019 the Village Board of Trustees finding the first extension request to be reasonable approved Resolution 2019-SR-PP-EX-R-1842(hereinafter referred to as"Resolution R- 1842')approving the preliminary plat of subdivision; WHEREAS,the Village of Oak Brook Code of Ordinances provides that the failure to seek final plat of subdivision approval within the following(12)consecutive months shall result in automatic termination of the requested preliminary plat approval and all requests shall be terminated and considered null and void as a result of which the Subject Property is in jeopardy of having the approvals previously granted expire; WHEREAS,the Village of Oak Brook Code of Ordinances Title 14 Chapter 4 Section 14-4-1A as well as Resolution 2019-SR-PP-EX-R-1842 provides that the Petitioner may request an extension of twelve additional months to submit for final plat of subdivision approval;and WHEREAS,the Board of Trustees find that the granting the extension of the time period to submit for final plat of subdivision approval relating to the Subject Property will have no detrimental impact on the health,safety or welfare of the public in general and further finds that the Petitioners have demonstrated practical difficulties or particular hardships in the application of the Subdivision Regulations of the Village Code. Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 2 of 6 NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK,DUPAGE AND COOK COUNTIES,Illinois as follows: Section 1: Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full,true and correct and do hereby,by reference, incorporate and make them part of this ordinance as legislative findings. Section 2: Description of Property The property subject to the granting of the requested extension of time is legally described as follows: LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 23,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27,2018,PER DOC NO.R2018-036669,IN DUPAGE COUNTY,ILLINOIS. Section 3: Grant of Extension of Time Period The Village Board recognizes and understands that the Subject Property previously submitted to the subdivision regulation process and was granted the requested preliminary plat approval by Resolution R-1762,a copy is attached hereto and made a part hereof as Exhibit A. The Village Board also granted an extension to this preliminary plat approval by Resolution R-1842,as provided hereof as Exhibit B. The Village Board hereby grants an extension for an additional twelve(12)months. If for any reason the final plat of subdivision as approved by R-1762 is not submitted within one year from the date of this Resolution,the approval of the preliminary plat will be revoked,without any further action of the Village Board unless,prior to the expiration of the one-year period approved herein is granted by the Village Board. Section 4: Effective Date This resolution shall be in full force and effect from and after its passage,approval and publication as provided by law;provided,however,this resolution shall not take effect until the Consent(a copy of which is attached hereto and made a part hereof as Exhibit C)is executed by the owner,thereby memorializing its agreement to be bound by the terms and conditions contained within this resolution.Such execution shall take place within forty-five(45)days after the passage and approval of this resolution or within such extension of time as may be granted by the Board of Trustees by motion prior to the expiration of said forty-five day(45)period.If the Consent is not executed within forty- five(45)days after passage and approval of this resolution or within an extension of time granted during said forty-five(45)day period,this resolution shall be void and of no force or effect,and the request for relief identified herein shall be deemed abandoned. Section 5: Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 6: Conflict Clause All resolution, parts of resolution or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section 7: Saving Clause If any section,paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,which are hereby declared to be separable. Section 8: Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 3 of 6 APPROVED THIS 27th day of October,2020 t Gopal G.Lalmalani Village President PASSED THIS 27th day of October,2020 Ayes: Trustees Bear,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf Nays: None Absent: None ATTEST: ,�( Charlotte K.Pruss Village Clerk Z' V 9CFcoUNS`t `� Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 4 of 6 Exhibit A Resolution R-1762 Exhibit A RESOLUTION 2018-SR-PP-EX-R-1762 A RESOLUTION APPROVING A PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK,ILLINOIS 1900 Spring Road PIN:06-23-302-006 WHEREAS,at its meeting on September 26,2018,the Oak Brook Plan Commission completed its review and deliberations on an application by Franklin 1900 Spring Road,LLC("Owner'J,the owner of the 7.19-acre property located at 1900 Spring Road, known as Lot 3 in the Franklin Subdivision ("Subject Property'l.requesting approval of a preliminary plat of subdivision of the Subject Property into two lots;and WHEREAS,the Subject Property is legally described as follows: LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 23,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC NO R2018-036669, IN DUPAGE COUNTY, ILLINOIS. WHEREAS,the Subject Property is currently improved with a mufti-tenant office building and an ancillary parking lot.and WHEREAS,by a vote of 4 to 0,the Oak Brook Plan Commission recommended approval of the request for the preliminary plat of subdivision for the Subject Property,with certain condftions;and WHEREAS,the Village President and Board of Trustees have reviewed the recommendations of the Oak Brook Plan Commission and deem the preliminary plat of subdivision for the Subject Property,as set forth below,to be in the best interests of the Village,subject to certain conditions, NOW THEREFORE,BE IT RESOLVED 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 incorporated herein by reference as though fully set forth herein Section 2 Approval of Preliminary Plat of Subdivision A Approval of Preliminary Plat.Subject to and contingent upon the conditions set forth in Section 3 of this Resolution,the Preliminary Plat of Lot 3 in the Franklin Subdivision,prepared by V3 Companies of Illinois,LLC,consisting of one sheet with a latest revision date of August 31, 2018,and attached to this Resolution as Exhibit A("Preliminary Plat')is hereby approved The final plat of subdivision for the Subject Property must substantially conform to the Preliminary Plat 8 Authorization and Execution. The Village President, Clerk, and other appropriate Village officials are hereby authorized and directed to execute and seal,on behalf of the Village,the Preliminary Plat and the customary certifications indicating such approval. C Limitation on Approval Approval of the Preliminary Plat does not constitute acceptance of a final plat of subdivision for the Subject Property for recording. The approval of the Preliminary Plat will be revoked,without any further action of the Board of Trustees,one year from the date of this Resolution unless,prior to the expiration of the one-year period,the Owner files a Resolution 2018-SR-PP-EX-R 1762 Lot 3 In the Franklin Subdivision-Preliminary Plat 1900 Sprang Road PIN 06-23-302006 Page 2 of 3 final plat of subdivision for the Subject Property that substantially conforms to the Preliminary Plat approved herein,or unless an extension is granted by the Village Board of Trustees. Section 3.Conditions The approvals granted in Section 2 of this Resolution are hereby expressly subject to and contingent upon each of the following conditions A.That all of the subdivided lots on the Subject Property shall be subject to full stonnwater compliance, including, but not limited to, Title 9 of the Village Code of the Village of Oak Brook,Illinois,as determined by the Village Engineer, B The approval of the Preliminary Plat in no way approves engineering permit application 1118-7- 155 relating to stormwater compliance for the Subject Property; C.Final engineering plans must be approved by the Village Engineer, D All improvements made on the Subject Property must comply with all applicable requirements contained in the Zoning Ordinance of the Village of Oak Brook,Illinois of 1966,as amended ("Zoning Ordinance'),that apply to properties located in the B-2 Regional Shopping Center Zoning District;and E The Owner and all subsequent owners of the Subject Property shall comply with all requirements of law, including without limitation,federal.state, and local laws, ordinances, resolutions,and regulations,relating to the Subject Property. Section 4 Severability.If any section,paragraph,clause or provision of this Resolution shall be held invalid,the invalidity thereof shall not affect any of the other provisions of this Resolution. Section 5 Effective Dale. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 131h day of November,2018 _ Gopal G.Lalmalani Village President President PASSED THIS 1311 day of November.2018 Ayes. Trustees Baar,Manzo,Saiyed,Yusuf Nays Trustees Cuevas,Tiesenga Absent. None ATE Charlotte K.Pruss Village Clerk Resolutwn 2018-SR-PP-EX-R 1762 L01 3 in the Franklin Subdivison-Preliminary Plat 1900 SPing Road-PIN 06-23302-006 Page 3 or 3 EXHIBIT A Preliminary Plat of Subdivision r PRELIMINARY PLAT OF LOT 31N THE FRANKLIN SUBDIVISION LOT4 ;r _ SM t4T! 1 !ii �gJF 1 41 LOT LOT 2' I- AMU.�... ,...... ' --_. _-I•pJPggTE.q�"yy"F'7t _ � -� �,...�„�.... .—.,o.,....�':.... PREINNNRRY FIAT Resolution 2019-SR-PP-EX-R-1642 Time Extension for Resolution R-1762 Lot 3 Franklin Subdivision Page 5 of 5 Exhibit B Consent The undersigned, A011M-.ond/1.VJGiv; ,as Owner of the Subject Property described in the foregoing Resolution 2019-SR-PP-EX-R-1842(hereinafter referred to as the"Resolution"),having read a copy of the resolution, do hereby accept,concur,and agree to develop, use and maintain the Subject Property in accordance with the terms and conditions stated in the resolution,to the extent that the Owner has use and control over the Subject Property as of the date of the approval of the resolution.This consent shall be binding upon all parties in interest and all successors and assigns to the Subject Property. DATED this c�•i day of Ninm 2019. Own �- SUBSCRIBED ANQ SWORN to before me this a-Aday of c eC 2019. l?"to (SEAL) Notary Public HE Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 5 of 6 Exhibit B Resolution R-1842 RESOLUTION 2019-SR-PP-EX-R-1842 A RESOLUTION PROVIDING FOR AN EXTENSION OF THE ONE YEAR TIME PERIOD PERTAINING TO THE APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION FOR LOT 3 IN THE FRANKLIN SUBDIVISION IN THE VILLAGE OF OAK BROOK APPROVED BY RESOLUTION R-1762 1900 Spring Road,Oak Brook,Illinois PIN:06-23-302-006 WHEREAS,the Village of Oak Brook,Cook and DuPage Counties,Illinois(hereinafter referred to as the"Village'l is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village is authorized by the Illinois Municipal Code,65 ILCS 5/11-13-5,to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use,construction or alteration of buildings or structures or the use of land; WHEREAS, the property commonly to as referred 1900 Spring Road, Oak Brook, Illinois (hereinafter referred to as the "Subject Property'l previously received preliminary plat of subdivision approval; WHEREAS,the Village of Oak Brook Plan Commission previously recommended approval of the request for the preliminary plat of subdivision for the Subject Property with certain conditions, and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook, WHEREAS, on November 13, 2018 the Village Board of Trustees finding the request to be reasonable approved Resolution 2018-SR-PP-EX-R-1762 (hereinafter referred to as "Resolution R- 1762'1 approving the preliminary plat of subdivision; WHEREAS,the Village of Oak Brook Code of Ordinances provides that the failure to seek final plat of subdivision approval within the following(12)consecutive months shall result in automatic termination of the requested preliminary plat approval and all requests shall be terminated and considered null and void as a result of which the Subject Property is in jeopardy of having the approvals previously granted expire, WHEREAS,the Village of Oak Brook Code of Ordinances Title 14 Chapter 4 Section 14-4-1A as well as Resolution 2018-SR-PP-EX-R-1762 provides that the Petitioner may request an extension of twelve additional months to submit for final plat of subdivision approval;and WHEREAS,the Board of Trustees find that the granting the extension of the time period to submit for final plat of subdivision approval relating to the Subject Property will have no detrimental impact on the health,safety or welfare of the public in general and further finds that the Petitioners have demonstrated practical difficulties or particular hardships in the application of the Subdivision Regulations of the Village Code. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK,DUPAGE AND COOK COUNTIES,Illinois as follows: Resolution 2019-SR-PP-EX-R-1842 Time Extension for Resolution R-1762 Lot 3 Franklin Subdivision Page 2 of 5 Section 1: Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full,true and correct and do hereby,by reference, incorporate and make them part of this ordinance as legislative findings. Section 2: Description of Prooertv The property subject to the granting of the requested extension of time is legally described as follows: LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 23,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018, PER DOC NO. R2018-036669, IN DUPAGE COUNTY, ILLINOIS. Section 3: Grant of Extension of Time Period The Village Board recognizes and understands that the Subject Property previously submitted to the subdivision regulation process and was granted the requested preliminary plat approval by Resolution R-1762,a copy is attached hereto and made a part hereof as Exhibit A. The Village Board hereby grants an extension for an additional twelve(12) months. If for any reason the final plat of subdivision as approved by R-1762 is not submitted within one year from the date of this Resolution,the approval of the preliminary plat will be revoked,without any further action of the Village Board unless,prior to the expiration of the one-year period approved herein is granted by the Village Board. Section 4: Effective Date This resolution shall be in full force and effect from and after its passage,approval and publication as provided by law; provided,however,this resolution shall not take effect until the Consent(a copy of which is attached hereto and made a part hereof as Exhibit B) is executed by the owner,thereby memorializing its agreement to be bound by the terms and conditions contained within this resolution.Such execution shall take place within forty-five(45)days after the passage and approval of this resolution or within such extension of time as may be granted by the Board of Trustees by motion prior to the expiration of said forty-five day(45)period.If the Consent is not executed within forty- five(45)days after passage and approval of this resolution or within an extension of time granted during said forty-five(45)day period,this resolution shall be void and of no force or effect,and the request for relief identified herein shall be deemed abandoned. Section 5: Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 6: Conflict Clause All resolution,parts of resolution or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section 7: Saving Clause If any section,paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,which are hereby declared to be separable. Section 8: Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] I Resolution 2019-SR-PP{%.R-1842 Time Extension for Resolution R-1762 Lot 3 Franklin Subdivision Pape 3 of 5 APPROVED THIS 26th day of November,2019 Gopal G.Lalmalani Village President PASSED THIS 26th day of November,2019 Ayes: Trustees Saar,Cuevas,Manzo,Satyed,Ttesenga,Yusuf Nays: None Absent: None ATTEST: OF 04't ' � 9 Charlotte K.Pruss ® JK Village Clerk i G yt 0 ?moi SCF�01UNi'f '���` Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 6 of 6 Exhibit C Consent The undersign A ,as Owner of the Subject Property described in the foregoing Resolution 2020-SR- P-EX-R-1909(hereinafter referred to as the"Resolution"),having read a copy of the resolution, do hereby accept, concur, and agree to develop, use and maintain the Subject Property in accordance with the terms and conditions stated in the resolution,to the extent that the Owner has use and control over the Subject Property as of the date of the approval of the resolution.This consent shall be binding upon all parties in interest and all successors and assigns to the Subject Property. DATED this 7Z day of l _,2020. Owner�� SUBSCRIBED AND SWORN to before me this 2oe-1 day of Urvom hP_r 2020. OF CK SEAL DIANA L LAVACL E NOTARY PUBLIC•STATE OF ILLINOIS Notary Pu lic Resolution 2020-SR-PP-EX-R-1909 Time Extension for Resolution R-1842 Lot 3 Franklin Subdivision Page 6 of 6 Exhibit C Consent The undersign A ,as Owner of the Subject Property described in the foregoing Resolution 2020-SR- P-EX-R-1909(hereinafter referred to as the"Resolution"),having read a copy of the resolution, do hereby accept,concur, and agree to develop, use and maintain the Subject Property in accordance with the terms and conditions stated in the resolution,to the extent that the Owner has use and control over the Subject Property as of the date of the approval of the resolution.This consent shall be binding upon all parties in interest and all successors and assigns to the Subject Property. DATED this 7N� day of Vkweri� ,2020. Owner SUBSCRIBED AND SWORN to before me this 2020. OFFICIAL SEAL DIANA L LAVAOUE NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRE ,P�otary Pulid