S-1350 - 09/25/2012 - ZONING -VARIATION - Ordinances ORDINANCE 2012-ZO-V-EX-S-1350
AN ORDINANCE GRANTING A VARIATION TO
ALLOW SOCCER FIELD LIGHTS TO BE INSTALLED AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS
(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'l; and
WHEREAS, a synthetic soccer field and four non-synthetic athletic fields are located on the
Property, and
WHEREAS, the Property is located in the CR Conservation/Recreation District; and
WHEREAS, properties located in the CR Conservation/Recreation District, pursuant to Sections
13-5-4 and 13-3-8A of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning
Regulations"), are prohibited from having structures that are more than 60 feet in height; and
WHEREAS, on September 28, 2004, and pursuant to Ordinance 2004-ZO-V-S-1084 ("S-1084"),
the President and Board of Trustees granted a variation to the District from Section 13-3-8A of the Zoning
Regulations to permit the construction of 70-foot high ball field lights on the Property subject to certain
conditions; and
WHEREAS, pursuant to Ordinance 2010-ZO-V-EX1-S-1296 ("S-1296'J, the President and Board
of Trustees amended S-1084 to extend the hours of use of the lights on all fields, and to allow adult
athletic teams to use"Field 1,"as depicted in Exhibit B attached hereto and incorporated herein; and
WHEREAS, the District has filed a petition requesting: (i) a variation to Section 13-3-8A to allow
for the construction of four, seventy-foot high light poles on the synthetic turf soccer field ("Soccer Field
Light Poles' on the Property; and (ii) a variation to certain conditions contained in S-1084, as amended
by S-1296, in order to extend the time the lights on the athletic fields may be used (collectively,
"Variations"); and
WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the application for the Variations; and
WHEREAS, after the close of the public hearing, the ZBA found that the District satisfactorily
addressed the factors required for approval of the Variations set forth in Section 13-14-6D of the Zoning
Regulations and, in a letter to the President and Board of Trustees dated September 5, 2012,
recommended approval of the Variations subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the ZBA
and deem the Variations, as set forth below, 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.
Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 2 of 7
Section 2. Grant of Variation. 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 Section 3 of this
Ordinance:
A. The District is hereby granted a variation from Section 13-3-8A of the Zoning Regulations to
allow the District to construct the Soccer Field Light Poles on the synthetic turf soccer field on
the Property, each not to exceed seventy feet.
B. The District is hereby granted a further variation from Section 13-3-8A of the Zoning
Regulations, pursuant to which the text relating to the hours of operation of the lights in
Section 2 of S-1084 is hereby amended to read as follows: "The Park District will ensure that
all lights on Fields 2, 3, 4, and the synthetic turf soccer field will have secure activations by
coaches only and automatically shut off by 10:30 p.m. between April 1St and November 15tH
The conditions that apply to the time that the lights on Field 1 must be shut off shall be as set
forth in Section 2 of S-1296."
Section 3. Conditions. The approvals granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
A. That all other provisions of Ordinance S-1296 and S-1084 are to remain in full force and
effect except for as specifically amended by Section 2 of this Ordinance;
B. Substantial Conformance with Plans. The Soccer Field Light Poles shall be constructed in
substantial conformance with the approved plans, attached hereto and incorporated herein as
Exhibit B;
C. Compliance with Zoning Regulations and Village Code. The District shall comply with the
Zoning Regulations and all of the provisions contained in the "Village Code of the Village of
Oak Brook, Illinois," as amended, that were in effect on the date that the District submitted its
building permit application to the Village except as specifically varied or waived; and
A. 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.
Section 4. 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 this Ordinance, the Variations
granted in Section 2 of 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 5. 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 6. 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 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 3 of 7
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the District with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, 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 executed by District. The unconditional agreement and
consent must be substantially in the form attached hereto and incorporated
herein as Exhibit C.
B. In the event that the District does not file with the Village Clerk the unconditional agreement
and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 25th day of September, 201 .
Gopal G. Lalmalani
Village President
PASSED THIS 25th day of September, 2012.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Yusuf
Nays: None
Absent: Trustee Zannis
.
ATTEST:
A �
Charlotte K. Pruss
Village Clerk
Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 4 of 7
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
Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 5 of 7
Lot 1, a distance of 672.89 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 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
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Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 6 of 7
Exhibit B
Site Plan
Ordinance 2012-ZO-V-EX-S-1350
Oak Brook Park District—1450 Forest Gate Road
Variation—Use of Ball Field Lights(S-1084,S-1296))
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 7 of 7
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, the Oak Brook Park District ("Park District'j, has filed a petition requesting: (i) a
variation to Section 13-3-8A to allow for the construction of four, seventy-foot high light poles on the
synthetic turf soccer field ("Soccer Field Light Poles') on the Property; and (ii) a variation to certain
conditions contained in S-1084, as amended by S-1296, in order to extend the time the lights on the
athletic fields may be used (collectively, "Variations"); and
WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1350, adopted by the President and Board of
Trustees of the Village of Oak Brook on September 25, 2012 ("Ordinance"), grants approval of the
Variations, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.B 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 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.
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 Soccer Field Light Poles, 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.
4 The Park District 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 of
such parties in connection with the operation and use of the Property, or the Village's adoption of the
Ordinance.
Dated: 12012.
ATTEST: Oak Brook Park District
By: By:
Its:
PLEASE NOTE: The Agreement, Resolution, or Ordinance is not a complete file,
due to the fact that a Signed Signature page (or an Exhibit page) was not returned
to the Clerk's Department.