S-1403 - 07/08/2014 - ZONING - Ordinances ORDINANCE 2014-ZO-V-EX-S-1403
AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS
REGARDING THE USE OF THE LIGHTS AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK
(Oak Brook Park District— 1300 - 1500 Forest Gate Road, Oak Brook Illinois 60523
PINS: 06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004 06-35-400-031)
WHEREAS, the Oak Brook Park District ("District") owns the property located at 1300 to 1500
Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein
("Property"); and
WHEREAS, Fields 1, 2, 3, 4 (collectively, "Ball Fields"), and a synthetic turf soccer field
("Soccer Field") are located on the Property, as depicted in Exhibit B attached hereto and incorporated
herein; and
WHEREAS, the Property is located in the Village's CR Conservation/Recreation District; and
WHEREAS, the maximum height for structures in the CR Conservation/Recreation District,
pursuant to Section 13-5-4 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning
Regulations"), is 30 feet, although structures in this District may have a maximum height of 40 feet upon
issuance by the Village of a special use permit; and
WHEREAS, upon application of the District, on August 9, 1994, and pursuant to Ordinance 94-
ZO-V-E1-S-779 ("S-779"), the President and Board of Trustees granted a variation to the District from the
Zoning Regulations to allow the District to construct 64.5-foot high light poles on Fields 2 and 3, which
variation was subject to certain conditions; and
WHEREAS, upon further application of the District, on September 28, 2004, and pursuant to
Ordinance 2004-ZO-V-S-1084 ("S-1084"), the President and Board of Trustees granted an additional
variation to the District to permit the construction of 70-foot high light poles on Field 1, subject to certain
conditions, which included restrictions on the days and hours the lights on the Ball Fields could be used;
and
WHEREAS, upon further application of the District, on October 12, 2010, and pursuant to
Ordinance 2010-ZO-V-EX1-S-1296 ("S-1296"), the President and Board of Trustees amended S-1084 to,
among other things, adjust the conditions in S-1084 that restricted the days and hours the lights on the
Ball Fields could be used, and to allow adult athletic teams to use the lights on Field 1; and
WHEREAS, upon further application of the District, on September 25, 2012, and pursuant to
Ordinance 2012-ZO-V-EX1-S-1350 ("S-1350"), the President and Board of Trustees granted the District
an additional variation to construct four seventy-foot high light poles on the previously unlighted Soccer
Field ("Soccer Field Light Variation"); and
WHEREAS, the Soccer Field Light Variation was subject to certain conditions, including limited
restrictions on the hours during which the Soccer Field lights could be used, and limited restrictions
providing that the Soccer Field Lights could be used only from April 1 to November 15 ("Soccer Field
Days Restriction"); and
WHEREAS, on February 12, 2013, and pursuant to Ordinance 2013-ZO-V-EX-S-1361 ("S-1361")
("Park District Variation Ordinance"), the President and Board repealed S-779, S-1084, S-1296, and S-
1350 and restated the variations granted, and the conditions imposed, by those Ordinances in one
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 2 of 11
consolidated ordinance containing the conditions and requirements related to the District's use of the Ball
Fields and the Soccer Field under the Village Zoning Regulations; and
WHEREAS, on September 6, 2013, the District filed a new petition ("Petition") requesting an
amendment to the Park District Variation Ordinance to eliminate the Soccer Field Days Restriction, with
the effect that under the Petition Soccer Field lights would be allowed to be utilized 365 days a year
("Proposed Amendment"); and
WHEREAS, On October 1, 2013, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the Petition for the Proposed
Amendment; and
WHEREAS, after the close of the public hearing, the ZBA found that the District satisfactorily
addressed the factors required for approval of the Proposed Amendment set forth in Section 13-14-6D of
the Zoning Regulations and, in a letter to the President and Board of Trustees dated October 16, 2013,
recommended approval of the Proposed Amendment subject to certain conditions; and
WHEREAS, the Village Board publicly considered and publicly continued the consideration of the
Proposed Amendment at its November 12, November 26, and December 10, 2013 meetings, and at its
January 14, February 11, April 8, May 27, and June 10, 2014 meetings; and
WHEREAS, at its June 10, 2014 meeting, the Village Board continued the consideration of the
Proposed Amendment to its July 8, 2014 meeting; and
WHEREAS, in response to the Proposed Amendment, the Village Board, Village Staff, and
Village Attorney have worked determinedly to foster intergovernmental cooperation with the District in
order to development changes to the Park District Variation Ordinance that reasonably and clearly
provide the District with adjustments to the lighting restrictions related to the Ball Fields and the Soccer
Field, while mitigating to the extent possible the impacts of the use of the lights on the Ball Fields and
Soccer Field on the surrounding residents'ability to enjoy the use of their residential properties; and
WHEREAS, the President and Board of Trustees have determined that the amendments to the
Park District Variation Ordinance as set forth in this Ordinance are reasonable and fair and carefully
address the Village's legitimate interests in (i) providing zoning relief to the District that complies with the
standards set forth in Section 13-14-6 of the Zoning Regulations, (ii) minimizing the injurious effects of the
lights for the Ball Fields and the Soccer Field upon surrounding residential properties, and (iii) otherwise
protecting the general purpose and intent of the Zoning Regulations; and
WHEREAS, the conditions set forth in this Ordinance related to the brightness and intensity of the
Ball Field and Soccer Field lights are intended to allow the District to generally use the Ball Field and
Soccer Field lights at the brightness and intensity levels at which they are currently being used; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the ZBA
and deem the amendments to the Park District Variation Ordinance, as set forth in this Ordinance, 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. Amendment to Variation Ordinance. 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
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 3 of 11
Section 3 of this Ordinance, Section 3 of S-1361 is hereby amended in its entirety so that Section 3 of S-
1361 shall hereafter be and read as follows:
"Section 3. Conditions. Notwithstanding any use or development right that may be
applicable or available pursuant to the provisions of the Zoning Regulations or any other
rights the District may have, the approvals granted in Section 2 of this Ordinance are
expressly subject to and contingent upon each of the following conditions:
A. International Lights on Field 1. The original light configuration on Field 1 will be
altered to include International Lights which can be focused onto Field 1 and
placed on the light standards that face directly towards the Forest Gate
subdivision located immediately south of the Property ("Forest Gate")
(approximately 15 of 41 total lights); and
soccer field and assure the source of light is not directly visible from any adjacent
6$.Foot Candle Limitation from Fields 1, and the Synthetic Turf Soccer Field.
cocccr ficld may not exceed 1/2 foot candle at the Forest Gate property line; and
Illumination Standards for Fields 1, 2, 3,4, and the Soccer Field.
1. The illumination from the lights on Fields 1, 2, 3, 4, and the Soccer
Field, collectively, may not exceed Y2 foot candle at the property line
of Forest Gate.
ii. All individual light fixtures that illuminate Fields 1, 2, 3, 4, including,
without limitation, any light fixtures that are installed to illuminate
any additional baseball fields installed on the Property, shall not
exceed 30 foot lamberts (fl) of intensity, subject to up to 10 percent
fluctuation, and temporary fluctuation for any newly installed light
bulbs that may occur while the light bulbs decay to their normal
luminance level, as measured from an unobstructed view of each
light fixture from the northerly-most curb line of the ring road in
Forest Gate.
iii. All individual light fixtures that illuminate the existing Soccer Field
shall not exceed 40 foot lamberts (fl) of intensity, subject to up to 10
percent fluctuation, and temporary fluctuation for any newly
installed light bulbs that may occur while the light bulbs decay to
their normal luminance level, as measured from an unobstructed
view from the northerly-most lot lines of lots 67, 68, and 69 in Forest
Gate.
ac,Landscaping. The District will transport mature landscaping from within the
District to the Forest Gate Road side of Field 1 that will grow to block the view
and aura of the lights from Forest Gate residences; and
€)Retrofitting Lights on Field 2 and 3. The District will retrofit existing lights on
source of light and assure that the source of light is not directly visible from any
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 4 of 11
__ __-• - _ - - •-; _•: The District will retrofit the existing lights
on Fields 2 and 3 with Qualite Sports Lighting Fixtures, International
Series, or an alternative type of lighting fixture reasonably acceptable to
the Village.
1=E. Walking and Parking Signs. The District will install walking paths and parking
signs to direct patrons to proper parking locations near the Family Recreation
Center and the Racquet Club; and
G-E Installation of Light Switches. The District will ensure the retrofitting of automatic
off light switches on Fields 2 and 3 and install automatic off light switches on
Fields 1 and 4 and on the Soccer Field.
H- Dates of Operation of Lights. •- ! - - - •- - -
_ _ _ •- •- _ _ ___ - _ _ -• St and November 1514-ef
ach y ar, provided however, that the District shall only use Field 1 for youth
athletic t ams (high school age and younger) between November 1st and
November-15t of each year; and
j. The District will only use the lights on Fields 1, 2, 3, and 4 between
April 1 and November 15, provided, however, that between
November 1 to November 15 the District will only use the lights on
Field 1 for youth athletic teams (high school age and younger). The
lights on Fields 1, 2, 3, and 4 will not be used for any reason
between November 16 and March 31,
ii. Subject to Paragraph (iii) of this Subsection, the District will only
use the lights on the Soccer Field between March 1 and December
15. The lights on the Soccer Field will not be used for any reason
between December 16 and the last day of February ("Soccer Field
Date Restriction").
iii. The Soccer Field Date Restriction will not apply if: (i) the Class of
Play for soccer illumination levels is reduced from II to either Ill or
IV, as defined in the Illuminating Engineering Society of North
America's Lighting Handbook, Tenth Edition published in 2011; or
(ii) all of the individual lights on the Soccer Field produce no more
than 30 foot lamberts (fI) of intensity, subject to temporary
fluctuation for any newly installed light bulbs that may occur while
the light bulbs decay to their normal luminance level, at all times of
year as measured from an unobstructed view of any Soccer Field
light fixture from the northerly-most lot lines of lots 67, 68, and 69 in
Forest Gate,
1-1i.Times of Operation of Lights. The District shall ensure that all lights on Fields 2,
3, 4, and the synthetic turf soccer field have secure activations by coaches only
and automatically shut off by 10:30 p.m. The District shall further ensure that all
lights on Field 1 have secure activations by coaches only and automatically shut
.•.. I.- • I - '. , • I • . - . - -• s •
this Ordinance, the lights on Fields 1, 2, 3, 4, and the Soccer Field will: (1)
have secure activations that are only accessible by the coaches of the
teams using the Fields; and (2) automatically shut off no later than:
i. 10:30 p.m.for the lights on Fields 2, 3, and 4,
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 5 of 11
ii. 9:00 p.m.for the lights on Field 1.
iii. If the Soccer Field Date Restriction applies,then 10:30 p.m,
for the lights on the Soccer Field. If the Soccer Field Date
Restriction does not apply,then 9:30 p.m.from December
15 to the last day of February, and 10:30 p.m.from March 1
to December 14,
4L Testing of Lights. conduct tests of the lights, prior to April 1, 2013, to the
soccer field comply with the lighting standards and requiremcnts set forth in this
Home Owner's Association. Based on the results of the Tests, the District may
be required to take additional steps regarding the lights, including, without
Field 1 and the synthetic turf soccer field to be in compliance with the lighting
standards and requirements set forth in Section 3 of this Ordinance; and In order
to ensure compliance with the conditions contained in Section 3 of this
Ordinance, the District will retain a third-party lighting professional,
reasonably approved in advance by the Village, to conduct a light
measurement test between December 16 and March 1 of each year to
insure that the lights on Fields 1, 2, 3, 4, the Soccer Field, and any future
fields that may be installed on the Property, comply with Section 3 of this
Ordinance ("Test"). The conditions in Subsection 3.G of this Ordinance will
not apply during the Tests. The Tests will be conducted in the presence of
a Village employee designated by the Village and an individual designated
by the Forest Gate Homeowners Association. If a Test determines that any
of the lights on Fields 1, 2, 3, 4, the Soccer Field, or any fields that may be
installed on the Property do not comply with Section 3 of this Ordinance,
the Park District will bring the lights into conformance with the
requirements of Section 3 within 30 days of the applicable Test; and
144,Review of On-Street Parking. On-Street parking shall continue to be allowed on
Forest Gate Road ("Parking") until July 31, 2013 while the Village studies
whether the Parking creates any safety issues. If, on or after July 31, 2013, the
Village determines, in its sole discretion, that the Parking is not safe, the Village
reserves the right to relocate or remove the Parking and the District shall
cooperate with the Village to develop a plan to remove the Parking and make
alternate parking arrangements for persons using Fields 1, 2, 3, 4, and the
synthetic turf soccer field; and
l_K.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; and
M L.Agreement and Consent. Within 60 days after the date of final passage of this
Ordinance, the District will execute and file with the Village Clerk, for recording in
the Office of the DuPage County Recorder of Deeds, an unconditional agreement
and consent, as attached to this Ordinance as Exhibit C, to accept and abide by
each and all of the terms, conditions, and limitations set forth in this Ordinance
("Unconditional Agreement and Consent')."
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 6 of 11
Section 3. Failure to Comply with Conditions. Upon failure or refusal of the District to
comply with any or all of the conditions, restrictions, or provisions of S-1361, as amended by this
Ordinance, the Variation Amendment granted in Section 2 of this Ordinance will, at the sole discretion of
the Village President and the Village Board of Trustees, by ordinance duly adopted, be revoked and
become null and void.
Section 4. 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 5. 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 6. Effective Date. This Ordinance will be effective only upon passage by the
President and Board of Trustees of the Village of Oak Brook in the manner required by law and
publication in pamphlet form in the manner required by law. ,
APPROVED THIS 8th day of July, 2014. 1 `
v „
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of July, 2014.
Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: Trustee Baar
of$�,,� ;, � .0
ti t eiQ ATTEST:
i
0 ,?,e�l!f.,�' d 'fd� / / " / //.zoip 00
r .r�.. '. o Charlotte K. Pruss
Village Clerk
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 7 of 11
EXHIBIT A
LEGAL DESCRIPTION
Property:
That part of Lot 1 in Oak Brook Investment Company Assessment Plat No. 3, of parts of Section 26,
Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded
July 23, 1964 as Document No. R64-26333 described as follows:
LOT#1
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees- 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 Degrees - 05'- 40" West, a distance of
80.00 feet; thence North 89 Degrees -40' - 30"West, and parallel with the South line of Lot 1, a distance
of 100.00 feet to the place of beginning; thence North 0 degrees - 05' - 40" West, a distance of 1122.50
feet; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70 degrees - 48'
West, a distance of 324.80 feet; thence North 63 degrees - 49'- West, a distance of 256.19 feet; thence
North 81 degrees- 09'West, a distance of 231.71 feet; thence South 89 degrees -42'West, a distance of
842.44 feet; thence South 75 degrees -20' West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Southerly along
the East line of land conveyed to the State of Illinois per Document No. R69-1030 the following three (3)
courses or curves and distances: (1) thence Southerly along an arc of a circle, having a radius of 4658.35
feet (4654.65 feet Deed), being convex to the West, the chord thereof having a bearing of South 2
degrees - 46' - 57" East, and a length of 397.63 feet, an arc-distance of 397.75 feet; (2) thence South 9
degrees- 21' - 58" East, a distance of 195 feet; (3) thence Southerly along an arc of a circle, having a
radius of 4648.35 feet (4644.65 feet Deed), being convex to the West, the chord thereof having a bearing
of South 12 degrees - 09' - 31" East, and a length of 734.61 feet an arc distance of 735.37 feet to the
intersection with the South line of Lot 1, aforesaid; thence South 89 degrees -40'-30" East along the
South line of said Lot 1, a distance of 1144.17 feet more or less to a point, which is 1080.84 feet Westerly
of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius of 1487
feet, being convex to the East, the chord thereof having a bearing of North 8 degrees -00' -34"West and
a length of 80.85 feet, an arc-distance of 80.86 feet; thence South 89 degrees - 40' - 30" East, and
parallel with the South line of Lot 1, aforesaid, a distance of 813.12 feet to the place of beginning, (except
that part thereof described as follows:
LOT#3
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40" West, a distance of
80.00 feet; thence North 89 degrees -40' - 30"West, and parallel with the South line of Lot 1, a distance
of 846.17 feet to the place of beginning; thence continuing North 89 degrees - 40'30" West and parallel
with the South line of said Lot 1, a distance of 620 feet; thence North 4 degrees - 21' West, a distance of
845.91 feet; thence South 89 degrees - 40'- 30 ' East and parallel with the South line of said Lot 1, a
distance of 620 feet; thence South 4 degrees - 21' East, a distance of 845.91 feet to the place of
beginning;) and (except that part thereof described as follows:
•
LOT#4
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40" West, a distance of
80.00 feet; thence North 89 degrees -40' - 30"West, and parallel with the South line of Lot 1, a distance
of 913.12 feet to the place of beginning; thence continuing North 89 degrees -40' - 30"West and parallel
with the South line of said Lot 1, a distance of 553.05 feet; thence North 4 degrees - 21'West, a distance
of 467.36 feet; thence North 89 degrees —40 degrees- 30" West and parallel with the South line of said
Lot 1, a distance of 672.89 feet more or less to a point on the Easterly boundary line of land conveyed to
Additions are bold and double-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 8 of 11
the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9,
1969 as Document No. R69-1030; thence Southerly along said Easterly line of land conveyed to the State
of Illinois per Document No. R69-1030, being an arc of a circle, having a radius of 4648.35 feet (4644.65
feet Deed), being a convex to the West, having a chord bearing of South 13 degrees - 13' -43" East and
a length of 561.44 feet, an arc-distance of 1144.17 feet more or less to a point, which is 1080.84 feet
Westerly of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius
of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8 degrees - 00' - 34"
West and a length of 80.85 feet, an arc-distance of 80.86 feet to the place of beginning;) containing
44.0000 Acres more or less, in DuPage County, Illinois.
LOT#2
That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of Section 26,
Township 39 North, Range 11, East of the 3rd Principal Meridian, according to Plat thereof recorded July
23, 1964 as Document No. R64-26333 described as follows:
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40 ' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40" West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West and parallel with the South line of said Lot 1, a
distance of 100.00 feet; thence North 0 degrees- 05'-40"West, a distance of 1122.50 feet to the place of
beginning; thence South 89 degrees - 53' -48"West, a distance of 26.78 feet; thence North 70 degrees -
48'West, a distance of 324.80 feet; thence North 63 degrees-49'West, a distance of 256.19 feet; thence
North 81 degrees-09'West, a distance of 231.71 feet; thence South 89 degrees -42'West, a distance of
842.44 feet; thence South 75 degrees -20'West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Northerly along
said Easterly line of land conveyed to the State of Illinois per Document No R69-1030, being an arc of a
circle, having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof
having a bearing of North 0 degrees -20' - 38" East, a chord and arc-distance of 110.60 feet to a point in
the center of Ginger Creek; thence Easterly along the center thread of Ginger Creek the following
seventeen (17) courses and distances:
(1) North 63 degrees - 50' East, a distance of 61.97 feet; (2) thence North 73 degrees - 38' East, a
distance of 226 feet; (3) thence North 78 degrees - 02' East, a distance of 220 feet; (4) thence South 88
degrees - 54' East, a distance of 562 feet; (5) thence North 70 degrees - 27' East, a distance of 36 feet;
(6) thence North 88 degrees - 29' feet East, a distance of 284 feet; (7) thence South 81 degrees - 57'
East, a distance of 218 feet; (8) thence North 88 degrees - 30' East, a distance of 40 feet; (9) thence
South 39 degrees - 14' East, a distance of 72 feet ; (10) thence North 75 Degrees - 39 feet East, a
distance of 74 feet; (11) thence South 27 degrees - 19' East, a distance of 60 feet; (12) thence South 79
degrees- 02' East, a distance of 111 feet; (13) thence South 69 degrees-08' East, a distance of 55 feet;
(14) thence South 83 degrees - 09' East, a distance of 73 feet; (15) thence South 77 degrees - 19' East,
a distance of 70 feet; (16) thence South 35 degrees - 08' East, a distance of 80 feet; (17) thence South
55 degrees-08' East, a distance of 41.32 feet more or less to a point located 98.19 feet North 0 degrees
- 05'40"West of the place of beginning; thence South 0 degrees - 05'-40" East, a distance of 98.18 feet
to the place of beginning; containing 6.0000 Acres more or less, in DuPage County, Illinois.
Also described as:
Lot 2 in Autumn Oaks Unit One, being a subdivision of part of Section 26, Township 39 North, Range 11,
East of the Third Principal Meridian according to Plat thereof recorded February 1, 1973 as document
No. R73-5825 in Du Page County, Illinois.
Permanent Parcel#06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004
Additions are bold and dou ble-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 9 of 11
Exhibit B
Site Plan
Additions are hold and double-underlined;deletions are struck through
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Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 10 of 11
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, the Oak Brook Park District ("Park District") has filed a petition ("Petition")
requesting: (i) a variation from Section 13-3-8A to allow for the construction of four, seventy-foot high light
poles on the synthetic turf soccer field ("Light Pole Variation") on the property located at 1300 to 1500
Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein
("Property"); and (ii) an amendment to Ordinance 2004-ZO-V-S-1084 ("S-1084"), as amended by
Ordinance 2010-ZO-V-EX1-S-1296 ("S-1296"), to extend the time the lights on the athletic fields may be
used ("Variation Amendment"); and
WHEREAS, on September 25, 2012, the Board of Trustees adopted Ordinance 2012-ZO-V-EX1-
S-1350 ("S-1350"), granting the Park District: (i) the Light Pole Variation; and (ii) the Variation
Amendment to extend the times the Park District can use the lights on Fields 2, 3, and 4, and established
a time restriction on the use of the lights on the synthetic turf soccer field; however, the Board of Trustees
tabled the Park District's request for a Variation Amendment to amend the times the lights can be used on
Field 1; and
WHEREAS, Ordinance No. 2013-ZO-V-EX1-S-1361, adopted by the President and Board of
Trustees of the Village of Oak Brook on February 12, 2013 ("Ordinance"), granted approval of the
Variation Amendment, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Ordinance No. 2013-ZO-V-EX1-S-1361, was subsequently amended on July 8, 2014
pursuant to Ordinance No. 2014-ZO-V-EX1-S-1403; and
WHEREAS, Subsection 3.L of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the Park District 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, THEREFORE, the Park District does hereby agree and covenant as follows:
1. The Park District hereby unconditionally agrees to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance, as amended.
2. The Park District acknowledges that public notices and hearings have been properly given and
held with respect to the adoption of the Ordinance, has considered the possibility of the revocation
provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any
procedural infirmity or a denial of any procedural right.
3. The Park District 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 and installation of the seventy-foot high light poles on
the synthetic turf soccer field, or the use of lights on 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 Park District against damage or
injury of any kind and at any time.
[SIGNATURE PAGE FOLLOWS]
Additions are hold and doable-underlined;deletions are struck through
Ordinance 2014-ZO-V-EX1-S-1403
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 11 of 11
Dated: Sept. 5 , 2014.
ATTEST: Oak Brook P rk Distr�;
cB y: _ ..._. .._. 4/1....,... .,,„,.., , ,
Its: Executive Di - tor
Additions are bold and double-underlined;deletions are struck through
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.
DO FURTHER CERTIFY that on July 8, 2014 , the corporate authorities
of the above municipality passed and approved:
ORDINANCE 2014-ZO-SU-V-EX-S-1403
AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS
REGARDING THE USE OF LIGHTS AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS
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 31St day of October , 2014
Charlotte K. Pruss
i Village Clerk
Village of Oak Brook
z ��/ DuPage and Cook Counties, Illinois