S-912 - 09/22/1998 - SPECIAL USE - Ordinances ORDINANCE 98-ZO-SU-EX1-S-912
AN ORDINANCE GRANTING A SPECIAL USE
FOR CLUSTER-TYPE HOUSING IN THE R-3 ZONE DISTRICT
(Callaghan Associates, NE Quadrant, Oak Brook Road & Route 83)
WHEREAS, an application has been filed requesting an amendment to the text of the Zoning
Ordinance allowing as a special use so-called "cluster housing"developments intended for persons 55
years of age or older on parcels not less than 30 acres in area in the R-3 Single-Family Detached
Residence District; and
WHEREAS, pursuant to Ordinance 98-ZO-TA-G-618 the Village President and Board of Trustees
of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add the
requested special use; and
WHEREAS, the applicant who requested the text amendment adding this special use also filed an
application for the issuance of a special use for a tract, approximately 35 acres, in the Oak Brook Village
Green Subdivision (the Subject Property)pursuant to the proposed text amendment; and
WHEREAS, after meeting on May 18, 1998 to consider the special use permit application, the Plan
Commission submitted its report to the Zoning Board of Appeals and the President and Board of Trustees
recommending approval of the issuance of such special use permit, subject to certain conditions; and
WHEREAS, a public hearing on such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on July 7 and August 4, 1998, pursuant to due and appropriate legal
notice, and said Board has submitted its report on the subject application to the President and Board of
Trustees and has recommended the denial of the issuance of such special use permit; and
WHEREAS, the President and Board of Trustees, having reviewed the record in this application
including the recommendations of the Plan Commission and the Zoning Board of Appeals, and having
heard additional testimony at the Village Board meeting on September 8, 1998, find:
(1) That there is a need in the Village for cluster-type housing developments intended for persons 55
years of age or older;
(2) That the Subject Property is a vacant tract, approximately 35 acres,which is bounded by Jorie
Boulevard, a four lane divided highway on the east; Oak Brook Road (315'Street), a four-lane divided
highway on the south; and Route 83 (Robert Kingery Highway), a major six-lane arterial highway on
the west. On the north boundary, the Subject Property is adjacent to Central Park, owned by the Oak
Brook Park District, at the west end and separated from Central Park by Forest Gate Road, a two-lane
road, on roughly the east half of the north boundary;
(3) That to the north of the Subject Property are public uses (Oak Brook Park District Recreation
Complex)which are located in the CR (Conservation-Recreation)district; to the east of the Subject
Property(across Jorie Boulevard)are the Village's Public Works building and parking lot(zoned R-3)
and a portion of McDonald's Corporation's headquarters (zoned ORA-3); to the south (across 3151
Street) is a portion of the Hunter Trails Subdivision zoned R-2; and to the west(across Route 83) is a
portion of the Briarwood Lakes Subdivision which is zoned R-4;
(4) That the evidence indicated that the proposed development, as conditioned below, is so designed,
located and proposed to be operated such that the public health, safety and welfare will be protected;
Callaghan Special Use 09/17/98 4:16 PM
Ordinance 98-ZO-SU-EXI-S-912
Granting a Special Use for R-3 Cluster-
Type Housing of Single-Family
Detached Residences, Page 2
(5) That the evidence indicated the proposed development, as conditioned below, will not cause
substantial injury to other property in the neighborhood in which it is located;
(6) That the Land Use section of Chapter 6 (Comprehensive Community Development Plan)of the 1990
Comprehensive Plan addresses the Subject Property(called"Village Green")at page 63 as follows:
"Residential
The Village of Oak Brook is a low density, suburban, estate and semi-rural residential
community. The Zoning Ordinance of the Village of Oak Brook sets forth standards which
are designed to achieve this objective. The objective of the Comprehensive Plan
regarding residential land use is to be consistent with the existing zoning district
classifications, except where good planning requires revision. Revision is recommended
in the following areas:
1. Twenty-seven (27)acres located on the northwest corner of Jorie Boulevard and Oak
Brook Road (31 51 Street): This area, referred to as"Village Green", is presently zoned
R-3. This area is being highlighted since the property is still vacant, but has been the
subject of litigation regarding its use. As in the 1978 update, it is recommended that
this area retain its R-3 zoning and be developed residentially, or as open space.
To be consistent, zoning in the"Village Green"was made low density residential, R-3,
similar to the classification of Hunter Trails to the south (R-2). This was also
compatible with the open space use of the Park District immediately north. This area
should continue to be zoned R-3 and developed residentially. It seems certain that
other uses would be less attractive and more intense than a residential development,
and would contribute substantially to the traffic burden on Oak Brook Road (3151
Street)and Jorie Boulevard."
(7) That other uses of the Subject Property, including a mixed commercial use development,
have been informally proposed for the Subject Property in recent years. Such commercial
uses would generally tend to have a greater detrimental impact on surrounding properties
than the cluster-housing special use proposal; and
(8) That passage of this ordinance permitting the applicant's proposed cluster housing residential
development on the Subject Property as a special use in the R-3 district pursuant to the just
passed revision to the Zoning Ordinance is in the best interest and in furtherance of the
general 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 as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though
fully set forth herein.
5ection 2: That subject to the conditions set forth in Section 3, a Special Use Permit pursuant to
the provisions of Section VII(E)(2)(c)be and is hereby granted as an R-3 Single-Family Detached
Residence District,which property is legally described as follows:
Lots 3, 4, 5, 6, 7, 8 and 9 all in Oak Brook Village Green Subdivision, being a subdivision in
the Southwest Quarter of Section 26, Township 39 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof recorded August 30, 1971 as Document No.
Ordinance 98-ZO-SU-EX1-S-912
Granting a Special Use for R-3 Cluster-
Type Housing of Single-Family
Detached Residences, Page 3
R71-43495, and also Surrey Drive as dedicated for public right of way by the plat of said
Village Green Subdivision, all in DuPage County, Illinois. PINS 06-26-301-011, 06-26-301-
012, 06-26-301-013, 06-26-301-014, 01-26-301-015, 06-26-300-002 and 06-26-300-003.
Section 37 That the Special Use Permit herein granted is specifically subject to the following
conditions:
1. That the property described in Section 2 shall be developed in substantial conformity with the
preliminary plat by Ruettiger, Tonelli&Associates as last revised September 14, 1998, attached
hereto and labeled"Exhibit I".
2. That the developer shall offer fire sprinkler systems as an option for each residential unit.
3. That the developer shall use its best efforts to enter into an agreement with the County of DuPage to
provide a landscape screen along the right-of-way adjoining the southern boundary of Forest Gate
and plantings within the median on Oak Brook Road (315'Street).
4. That the developer shall provide an easement over or convey to the Village Lot 81 for access to the
Village-owned parcel at the northwest corner of Jorie Boulevard and Oak Brook Road (315'Street).
5. That the developer shall post a sign at the entrance to the development that no parking is permitted on
the cluster roads. The developer shall also provide handbills at the gatehouse so advising incoming
guests. The Village may, in its sole discretion, require that no parking signs be installed at the
entrance to the cluster roads and along these roads. The developer shall contract with the Village to
enforce these no parking restrictions in the event that the Village, in its sole discretion, deems this
necessary.
Section • That this ordinance shall be in full force and effect from and after passage, approval
and publication as required by law.
Section 7: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 22nd day of September, 1998.
Ayes: Trustees Bartecki, McInerney, Savino and Shumate
Nays: Trustees Caleel and Kenny
Absent: None
Abstain: None
APPROVED THIS 22nd day of September, 1998.
ZLIl
Village President
Ordinance 98-ZO-SU-EX1-S-912
Granting a Special Use for R-3 Cluster-
Type Housing of Single-Family
Detached Residences, Page 4
Approved as to Form:
Village Attorney
Published 9-23-98 Pamphlet form
Date Paper
Not Published