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S-382 - 07/26/1977 - SPECIAL USE - Ordinances tiL ORDINANCE.NO. AN ORDINANCE AMENDING THE SPECIAL USE PERMIT GRANTED TO CHRIST CHURCH OF OAK BROOK BY ORDINANCE NO. S-237 OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS WHEREAS, the owner of the below described property has petitioned the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, for an amendment to the Special Use Permit granted to the said property by Ordinance No. S-237; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook has held a public hearing, pursuant to statutory notice, on the pro- posed amendment to the Special Use Permit and has submitted its recommen- dations to the President and Board of Trustees; and WHEREAS, the Plan Commission of the Village of Oak Brook has submitted its report on the proposed amendment to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees deem the passage of this Ordinance to be in the best interest and in furtherance of the geD oral welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, that: SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: Section 1 of Ordinance No. S-237 of the Village of Oak Brook is hereby amended by the addition of a second paragraph thereto which shall read as follows: "A Special Use Permit is hereby granted to Christ Church of Oak Brook for the operation of a not-for-profit preschool for three and four year old children subject to the following conditions: 1. Any play area to be provided for said preschool shall be lo- cated in the triangular area east of the principal church building and parallel to York Road; and 2. Any play equipment or other such items used in conjunction with said preschool shall be adequately sight screened with plant materials sufficient to conceal the image of such equipment or items, all to the reasonable satisfaction of the Village of Oak Brook. ,� OAK BROOK PLAN COMMISSION MONDAY, JUNE 20, 1977 ITEM 5: CHRIST CHURCH OF OAK BROOK - SPECIAL USE Rev. DeKruyter represented Christ Church and explained there was a need for a pre-school in this area as evidenced by the fact that enrollment for the fall semester had been completed. He stated that three year olds would meet two mornings per week and that four year olds would meet three mornings per week, that two rooms would be utilized for the pre-school and that two teachers would be present at. all times. He further stated that the required playground area was 1500 sq. feet requiring an area thirty feet in width by fifty feet long. Functionally, the ideal location would be in the triangular area on the York Road side of the building. This area is adjacent to the building entrance and close to the class rooms and washrooms. Also, there are no roads to cross and children would be using the same entrance that they would be using as a fire exit. Further the area was somewhat depressed pro- viding partial screening of playground equipment. Rev. DeKruyter asked that the board consider has an alternate location, the south- west rear yard bounded by the lot line on the south, the detention area on the west and the parking lot on the north being approximately fifty feet in length. This area is aesthetically pleasing, however is less functional due to its distance from the class rooms. Chairman Barton expressed concern about safety due to the lack of fencing, and/or landscape barrier between the playground and York Road. Rev. DeKruyter responded that there was a minimum of 123 feet to the York Road right-of-way, that there was an incline upwards toward York Road and that there would be constant supervision by two teachers at all times when the playground was being utilized. . Mr. Reece suggested that a split rail fence similar to the one at Butler School be erected. Mr. Scott inquired as to the depth of the depression and how much of the climber would be visible. Rev. DeKruyter explained it was approximately four feet deep and that the climber was approximately 711 feet high. Chairman Barton and Member Reece both stated they felt that the location adjacent to the church was the more appropriate of the two discussed. Rev. DeKruyter stated that, although not an issue in this hearing, the landscaping which had bogged down due to financing had started again and they hoped to complete it this year. 6/20/77 -4- (continued) i a ITEM 5: CHRIST CHURCH OF OAK BROOK - SPECIAL USE (continued) Chairman Barton asked if there were anyone wishing to speak for or against this proposal or if there were any general comments. Mr. Novacek, 3302 York Road stated he had a number of concerns and listed them as follows: 1. Definite location for the playground should be established. He perferred the York Road site. 2. Shrubs were not an adequate barrier. Children could easily penetrate bushes. and that a fence should be erected around the playground. 3. That the playground be restricted to pre-school use only. 4. Noise 5. The number of children that would be enrolled in the pre-school should be limited. It was stated that only two rooms were available for pre-school use with each room being able to accomodate fifteen children. That the maximum enrollment would be thirty for the morning session and thirty for the afternoon session. Also that each room would have a twenty minute period of playground use and that the noise from the playground would be less severe than that from York Road. Chairman Barton suggested that consideration be given to the location of the play- ground, to the hours that it would be utilized, and to the days of the week that it would be utilized. It was explained that since the application was for a pre- school that the playground would be in use during daylight hours on week days only. Further that the York Road site should be utilized for the playground. Rev. DeKruyter asked that should it become necessary the right to come back before the Plan Commission for use of the alternate location be reserved. Member Reece questioned the appearance of the forty-two inch high cyclone fence to be constructed around the mote along the lower level of the church. Rev. DeKruyter stated that he shared his concern and would try to come up with a more aesthetically pleasing barrier. Member Noyes moved - seconded by Member Reece. .. That approval of the Christ Church Pre-School Special Use be recommended to the village board provided the site within the triangular section of the building adjacent to York Road be utilized and that the playground equipment be screened with plant material Roll call vote: Ayes: Chairman Barton, Members Marquardt, Noyes, Reese and Scott Nays: None Absent: Member Listecki RECOMMEND APPROVAL 6/20/77 -5- 0 r OAK • ! V R � � o 0 A I 9CF COUN ` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS June 15, 1977 654-2220 Memo To: Plan Commission Re: Christ Church Pre-School Petition Rev. DeKruyter has submitted a sketch delineating the triangular area on the east side of the church as the proposed playground. The space requirements for a play- ground is 75 sq. ft./child. The space available is more than adequate for the proposed 18/20 child enrollment. This area was chosen for the following reasons: 1. Adjacent to entry 2. Adjacent to classrooms 3. Proximity to washrooms 4. Depressed area, provding grade and visual barrier to York Road. The playground is to be provided with a wood climber and sand box. The drop off to the lower level of the church will be fenced. The air conditioning equipment is presently screened. Rev. DeKruyter stated they are pursuing the landscaping, having completed the area around the south detention pond today, and intend to have it all completed this year. Rev. DeKruyter further stated that he and possibly Mr. Cozette will be in attendance at the June 20th Plan Commission meeting to answer any questions. Respectfully submitted, � L Charles A. Littleton, P.E. Village Engineer Att. CAL/ee L k L i "SIR \l i^ AYI 1 v ,ay � "+T...�Y: s cry"•►+�i�ij£,l�.b��' a�° t .��`r.�+ �e�� �r��'jG: -f.,r�. 't` ts',CD�OL`i ,$'Yt��,rF" e+' '.j:`':o.reu,�L�../�•� a Ml* 7 r». '�'` .1�� � .,x ��yf. �`.: Asir-�t;•�+_ Ilk ;- _ T'i* x '► `AY K7r �_ r �c ^-fir - �1*� t,t'- �'`�,G,:p',�-� !�* • • �• • - • • • •. - 1 r�`.�atet�Cor�nta��ir�miitc�a�d°a�e�tiesfec$�a� ;; 3 �ert�f'r d fof qu lify iia-cp afety : k r��- 1.019MISS10A ASS 11UL UULUU U11 LLL15 1LULL1 ULLU 1L WUb YUL UVCL LU LLM LICLLL Commission' s June 20th meeting, so the Zoning Board is not in a position to act on this tonight. Mr. Muschler moved, Mr. Ewing seconded, that this request:-.be postponed to the July 5th meeting of the Zoning Board. The motion was carried on the Aye votes heard. ZONING BOARD OF APPEALS - 8 - June 7, 1977 Page 0 r' MINUTES OF PLAN COMMISSION MEETING MAY 16, 1977 Item 5: CHRIST CHURCH OF OAK BROOK - SPECIAL USE A note was received from John R. Towers stating requested information for this item was not available yet. The petitioner asked that the hearing be deferred until the next meeting of the Plan Commission. Member Listecki moved - seconded by Member Reece. . .' To continue this item to the regular Plan Commission meeting of June 20, 1977. Voice vote: Ayes: Chairman Barton, Members Reece, Listecki, Noyes and Scott Nays: None Abstain Member Marquardt MOTION CARRIED UNANIMOUSLY -7- i ou VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS May 12, 1977 654-2220 Memo To: Plan Commission Re: Christ Church of Oak Brook - Special Use As of this date I have not received any further information relative to this plat. Respectfully s bmitted, ' Charles A. Littleton, P.E. Village Engineer CAL/ee r VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes of Meeting Held May 3, 1977 I. The meeting was called to order by Chairman Gene J. Baron in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M. ROLL CALL: Members present: Gene J. Baroni, Douglas J. Ewing, Edward S. Fraser, James A. Regas, Arthur Muschler, and George A. Hodges. Members absent: John R. Lavery II. APPROVAL OF MINUTES: Mr. Muschler moved, seconded by Mr. Ewing, that the minutes of the meeting of April 5, 1977 be approved as written. Upon Voice Vote, the motion was carried. III. Mr. Regas moved. . . .seconded by Mr. Muschler, to appoint Building Commissioner Ehle as temporary secretary. Voice vote. Motion carried. IV. CHRIST CHURCH OF OAK BROOK - Amendment to Special Use. 501 Oak Brook Road Mr. Hodges and Mr. Ewing stated they will abstain because of church membership. Mr. Fraser moved. . . .seconded by Mr. Regas That without a recommendation from the Plan Commission and with the concurrance of the petitioner, to postpone this to the next regular meeting of June 7, 1977. Voice vote. Motion carried. PUBLIC HEARING V. Robert C. Appel - 072 Timber View Drive - Side Yard Variation Published in Oak Brook Doings on 04/14/77 Letters to Residents sent 04/25/77 The oath was administered to Robert C. Appel, 072 Timber View Drive, Oak Brook, Illinois. Mr. Appel stated that he wished to convert an existing 1 car garage that is non- functional to a 2 car garage in keeping with the architectural design of the house. The garage as it exists including a lavatory was built by the origional owner to live in while he built the remainder of the house. It is presently being used as a utility room as it is too small to accomodate an automobile. When pur- chased, the owner was aware the garage was not sufficiant in size and that it was incompatable as a laundry area. Mrs. Sandy Spiegle introduced herself and stated she would represent the Board of Directors of Christ Church. ' In response to the question of "Why is this matter before the Plan Commission," Village Manager Carmignani explained that a preschool use was not a permitted use under the present zoning classification; that it was a special use. The Zoning Ordinance requires the Plan Commission to hear special use applications. Chairman Barton dissented, saying that Christ Church had been granted a special use, and the preschool was a church function. Mrs. Spiegle stated the school would open in the fall and would operate Monday through Friday from 9 A.M. until 11:30 A.M. and would be for three (3) and four (4) year old children. Member Reynolds inquired as to what mode of transportation would be used to transport the children to the school. The reply was car pools would be used and busing was not contemplated. Member Listecki noted that overnite parking of buses is not recommended on church property. Chairman Barton asked "What would the school year be?" The answer was the same as District 53. Member Reynolds asked if any variations were necessary to provide for the required playground. Mrs. Spiegle replied that they were aware that a playground was required, however they had not gathered enough facts at this time to be able to answer the question. It was stated that the playground could be located within the buildable area of the lot, the rear yard, or an interior court. The front yard had previously been established and this information is to be obtained so that the rear yard can be deter- mined. It was suggested from the audience that an appropriate place for the playground might be the triangular area formed by the building and the setback line along York Road. Mrs. Spiegle stated that the playground would be fenced, that equipment would be both aesthetically pleasing and functional, (possibly constructed of cedar) and that the playground would be screened with plant material. Member Reynolds stated her concern for the safety of preschool children around the detention basins and recommended that they be fenced. She also stated her concern regarding the status of the landscaping of the total church site. This landscaping is to be installed under the building permit for the church addition and remains to be completed. It was also included on the site plan submitted with the application for a special use for the additional parking lot. Page 5 I. Robert C. Appel - Variation Referred to Zoning Board of Appeals May 3, 1977. 4/12/77 Page 6 (continued) April 13, 1977 Dear Resident, The Oak Brook Zoning Board of Appeals and Village Board and Plan Commission, if necessary, will be considering a: Special Use at their meetings scheduled on the reverse side of this notice. Please refer to the schedule for time, place and dates of meetings. The application has been filed by: Christ Chruch of Oak Brook Name of applicant 501 Oak Brook Road, Oak Brook, I1. Address Christ Church of Oak Brook Name of property Location• Southwest corner of Oak Brook Road (31st Street) and York Road A map of the area has been reproduced to assist you in determing your relation- ship to the property in question. The specific action being requested is as follows: To operate a not-for-profit preschool for three and four year old children. If you desire more detailed information, we would suggest that you contact the Inspection Bureau located in Fire Station 1 , at 1212 Oak Brook Road, Oak Brook, Illinois to review the file on this application. "neth ours, 0 mignani Vi11�ageManager KGC/1s (over) i • Ap i t 11, A977 Vicki Speak. Chn".t Ctrl.jmh o� Oak ft- ook 3W and Voblk Road G'a.k Srtoota, ItUnoU 60521 Re,: ChU4t Church o4 flab_ C�rzvak rke Schoaf MOPGSED ME SCHOOL 31,6t and V okh Road Oak FAaok, IMitis __ rt! PAS ClOW- Y VaAft. E.6. Spean: Deputy State 1=.Fu Paul 'a Edtwvrd nV,6ao?.e and Pett Metaon rude an inspec- tion oS .the above rAmed pstopnetl pte .6choht an Aptit 6th, 1971, and neroAt .they Kocmd no appaAsnt vtotattons o4 V-ze MtrniA rzates and Rr-gu at- onb ;Vk Fike Prevention and We—ty, at A" time. Ve)ty tAay youu, Robin C. Waft h., STATE FIRE (ARSuAL CC - Deputy Netson CC - Ulke C{ite4 thee. CC - MU. 14abe- HcrAVZY Dept. o4 Ch.V-dken and F,-,mU'-o Sen.v t ces (2) PPR K v1��p,GE Of 1.DG• pEPt 8 VILLAGE OF OAK BROOK APPLICATION FOR PUBLIC HEARING RECEIPT Name of Applicant r, r Received by: c .:s 3 - -<-� HCl $ '^rtC (Village Clerk) (date) ( a*nount) • h O` t APPLICANT SHOULD BE PRESENT AT MEETINGS CHECKED: Board of Trustees Meeting 7:30 P.14. Tuesday /7� Publication Date - DOINGS NEWSPAPER Thursday L7 Plan Commission Meeting 7:30 P.M. Monday 14 1 -9 17 7 . Zoning Board of Appeals Meeting 7:30 P.14. Tuesday 7 7 Board of Trustees Meeting 7:30 P.M. Tuesday Board of Trustees Meeting 7:30 P.M. Tuesday (approval of ordinance) If owner is being represented by someone other than himself, please fill in the information below: Owners Representative: Name John R. Towers Telephone No. 325-7914 Address 39 Cambridge Drive City Oak Brook State Ill. Zip 60521 General Location (or) Address of Property: 31st Street at York Road, Southwest Corner Legal Description of Property See Attatched Survey . State specific action requested and give reasons for same: (Refer to pertinent section of Oak Brook Zoning Ordinance G-60. ) . L—� Zoning Amendment L y Special Use ./--7Variation Fee: $150.00 Fee: $150.00 Fee: $150.00 Request special use of property to operate a not-for-profit preschool for three and four year old children. The preschool to be known as Christ Church of Oak Brook Preschool has been licensed by the State of Illinois, Department of Children and Family Services. Amendment to Special Use -S-237 ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, (15) COPIES OF A SCALE DRAWING OF A RECENT SURVEY PREPARED BY A REGISTERED SURVEYOR AND SHOWING THE PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONS'T'RUCTION AND ANY BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 FEET OF SUBJECT PROPERTY. IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH. MAIL TO: Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 (Si nature of Applicant) �t 4At a- A-112 IN U SE R Y TODDLER 3 i 4 YEAR OLIS ( '- - A-113 A-111 A-III l A-III ,hers .— W L..1�LJ � t� Ln ■ � , KIT. KITCME N ..�. N. N AR T N E X CAROEX_ }CHAPEL ML FELLOWSHIP HALL e C Ol R . }PAST-OR �■� PARLOR es � u.IP1INFORNATION SEVr N. 4. . STAGE 6 vc gM. SEC'Y JETRANCE 3 JSSIDC03 A S49V 2 Mot 5 IN aOtt o� I , F; e3 so, t �y_- � �f z28 S _. -- - - --- -- - - — tZy � 8 0 �D�2s DOTH L/�E OF dCCATEL� 5,4e 7 -4 described has petitioned the corporate authorities of the Village of Oakbrook for a variation to the rules and regulations of "The Zoning Ordinance of the Village of Oakbrook, Illinois, of 1966" , as amended, with respect to structure height in an "R-2" Single-Family Detached Residence District; and, I Whereas, a public hearing, pursuant to said request, has been held by the Zoning Board of Appeals of the Village of Oakbrook; and, Whereas, the said Zoning Board of Appeals has recommended that the variation be granted; and, is Whereas, the President and Board of Trustees of the Village of Oakbrook concur with said recommendation and are of the opinion that a variation should be granted; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oakbrook, DuPageCounty, Illinois: Section 1. That the applicable rules and regulations of "The Zoning Ordinance of the Village of Oakbrook;! Illinois, of 1966" , as amended, contained in Section VII, D, 6 (b)ii limiting structure height for institutional and other non-residential use to not more than forty-five (45) feet, is hereby varied ;to permit construction of a church sanctuary and steeple to be erected to a height of seventy (70) feet and eighty-eight (88) feet respectively on real estate described as follows: Salt Creek Highland, a Subdivision situated in the Northwest Quarter of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, ac- cording to the plat of said subdivision recorded October 1, 1955, as document No. 775368, in DuPage ! County, Illinois, j the general location of the property being the southwest corner of Oak Brook Road (31st Street) and York Road. f Section 2. That this Ordinance shall be in full force and ef- fect from and after itspassage and approval as by statute in such cases made and provided. I i i PASSED and APPROVED by the President and Board of Trustee's of the I Village of Oakbrook, Illinois, this ,29,Z - day of June, 1968.1 APPROVED: ATTEST: Village Clerk President i I ' I BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, �DuPage County, Illinois , as follows : Section 1. Th,atbrdinance No. S-1621, granting 'a variation to the rules and re4ulations' of "The Zoning Ordinance 'of the Village of Oak Brook, Illinoi$' o� 1966" , as amended, as it pertains to the property- legally described hereinafter; lis hereby .amended to grant said realty, a Special Use under Section VII, ;D, 2, for con struction of a church !sanctuary and steeple lin accordance with Sheet S-30, Long lange' De'a opment Plans,, d ted the ,25th day of January, 1968. i .I 'Section 2. ThatI611 other .provisions of Ordinance No. S-162 are hereby reaffirmed jas on,g as not incons istent with this amend- ment. (, Section 3. That'Ithe subject property is legally described as follows. iI Salt Creek Highland, a. Subdivision situated in the Northwest Quarter 'of Section 26, Township 39 North, Range 11, East of' tha Third Principal Meridian, ac- cording to the pkat of said subdivision recorded October 1, 1955, a`s document No. 775368, in DuPage • County, Illinois' s 'Se'ction 4. That ,this ordinance shall b:e in full I force and of-- fect from and after its! passage and approval as by statute in such cases made and provided!. PASSED and APPROVED by the President and Board of Trustees of the Village of Oak Bro;o , Illinois,° this' /D day of , 1971. APPROVED II ' President ATTEST: I . Village Cle�k AYES: I NAYS: ABSENT: I I II i f; i i I � 1 .S'--q3, R I SECTION 5: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of the conflict and only as they apply to the property hereinbefore described. SECTION G: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this ,4 day of 1 .,. �,,, 1977. AYES: NAYS: i ABSENT: 0 Abstain f �. APPROVED this day of ,,� 1977. P"resident ATTEST: �— Village Clerk Filed in the Office of the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook ;) f'° � day of -' 1977. this ��_ �+.�,r�-,., ` Village Clerk APPROVED as to form �` Village uturney