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G-66 - 12/19/1966 - ZONING - Ordinances
ZoNlNGr _. ... WXT /+MND• SEE ALSO; �p p &-(.-1+(09 S-iz3 AN ORDINANCE AMENDING ORDINANCE No . G-60, OAKBROOK ZONING ORDINANCE, PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAKBROOK MARCH 22 , 19667 AS AMENDED BE IT ORDAINED by the President and Board of Trustees of the Village of Oakbrook that Ordinance No. G-60, "Oakbrook Zoning Ordinance, " passed and approved by the President and Board of Trustees on March 22 , 1966, as amended , be and the same is hereby amended as follows : Section 1 . Paragraph F-2 of Section VII is hereby amended by adding thereto the following subparagraph , which shall be known and designated as subparagraph "c". 11(c) Single-family detached , attached and semi- detached dwellings - on parcels not less than 50 acres in area , provided that the gross density of each such development shall not exceed three dwelling units per acre; the structure heights shall not exceed 30 feet; no structure shall contain more than two and one-half stories ; the ground floor living area per dwelling shall not be less than L ,300 square feet for a one story dwelling and 900 square feet for a dwelling of more than one story; the minimum distance between principal buildings , as measured between bearing walls , shall be not Less than 20 feet , except that this distance may be reduced by two (2) feet if one of such walls encloses an attached garage or carport and by four (4) feet if each of such walls encloses an attached garage or carport ; provided further that each principal building shall be set back at Least thirty (30) feet from dedicated public streets , off-street Loading and off-street parking requirements shall be as provided in Section XI ; and provided that a preliminary development plan indicates sufficiently clearly the proposed streets , right-of-ways , lot sizes and set-backs , so that the village board in granting approval of such preliminary plan may clearly define the areas of any special restrictions it may wish to impose and that approval of the final sub- division plan shall be subject to same . " Section 2 . Paragraph J-1 of Section XIII is hereby amended in its entirety and as amended shall read as follows : "L. Purpose The development and execution of the zoning ordi- nance is based upon the division of the Village into districts , within any on,.-, of which the use of Land and buildings and the bulk and location of buildings or structures , as related to the i..- Land , are essentially uniform. It is recognized , however, that there are special uses which, because of their unique character, cannot be �- properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two categories; a) Uses operated by public agency or publicly- regulated utilities, or uses traditionally affected with a public interest. b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as , but not limited to, single-family attached and semi-detached dwellings, horizontal condominiums and other residential developments. " Section 3. Paragraph J-4 of Section XIII is hereby amended in its entirety and as amended shall read as follows : "4. Processing An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed_theretofore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this ordinance. " Section 4. Subparagraph (a) , paragraph J-5 of Section XIII is hereby amended in its entirety and as amended shall read `- as follows: "a) if of the type described in Section XIII J-1 (a) is deemed necessary for the public convenience at that location. " Section 5. That this ordinance shall be in full force and effect from and after its passage, approval and publication as by statute in such cases made and provided. Passed and approved by the President and Board of Trustees of the Village of Oakbrook this /94. day of -�-- , 1966. Approved; MT Presnt Attest: Clerk -2- Wick Cs-GCP VILLAGE OF CAI{ BROOK M11AJTE3 OF SPECIAL MINING November 28$ 1966 I ROLL CALL The meeting was called to order at 7:35 P.M. by President T. A. M ohlman. All trustees were present. 11 OAK BROOD DEVELOPMENT COMPANY PETITION MR REZONING (North of Oale Brook Read West of Route #83) President t'ohlman gave a brief summary of the past proceeding regarding the Oats Brook Development Company°s petition for rezonin . property located North of Oak Brook Road and West of Route »93, which included two plan commission meetings, two public hearings before the zoning boards two board of trustees meetings and two special meetings; a jointboard meeting and a meeting with all property association presidents. Trustee O'Brien requested Clark Friesk to read a letter, dated November 25,, 1966, from seventeen residents of Brook Forest. This was done and Mr. Wayne Doran of the Oak Brook Development Company answered each question involved. Mrs. Miles Remes of Brook Forest voiced this area°s absolute opposition to the development of any multiple dwellings. Mr. Meryl Armstrong of Yorkshire Woods voiced his corimunityts opposition to multiple dwellings. Trustee O'Brien pointed out that before any final approval was given or any buildings constructed, a preliminary plat with definite restrictions---resale, lot widthaq sewers) number of units, eta:. would have to be approved by the plan commission and the board of trustees. Trustee Havey questioned and Attorney Bowers gave his thoughts In regard to the R-5 classification in the Oak Brook Zoning Ordinance. Mr. David Gooder, attorney for the Butler Company, also voiced his opinions regarding; this subject. After discussion, vainly by Trustees Barton, Howell and Rossman, the following motions were made, Trustee Barton -loved - seconded by Trustee Rossman... Move that the village attorney be instructed to draw an ordinance to amend the presont Oak Brooke Zoning Ordinance# the effect of which, if adopted by this board, will be to accept the recommendations of tho zoning board of appeals subject to th© following changes in those recommendations; that the 30 acre minimum be changed to 50 acres and that the floor area ratio be stricken. Roll Call Vote: Ayes - Trustees Barton, Havey, Howell, Rossman, O'Brien and President Mohlman. Nayes - Trustee Hayes So ordered. • W/�-�G Page 2 II OAK BROOK DEVELOPIENT COMPANY PETITION FOR REZONING (Continued) Trustee Howell moved - seconded by Trustee O'Brien.. . That the village attorney draft an ordinance to 'rezone those portions of R-3 and R •5 represented in the petition, North and West of Oak Brook Road and Route #83, to R••4. Roll Call Vote: Ayes m 'Trustees Barton, Havey, Hayes, Howell, O'Brien, Rossman. Nayes None So ordered. Trustee Howell moved seconded by Trustee O'Brien... That the village board refer to the zoning board of appeals the question of eliminating Set;tion T-G @ R-5 Single Family Attached Residence D-istric t from the present zoning ordinance. Roll Call Vote: Ayes Trustees Haave,y-, Hayes, Howell, O'Brien Rossman and President Mohlman. Abstainer 'Trustee Barton So ordered. Trustee Rowell moved . seconded by Trustee O'Brien... That the village attorney be instructed to draft a special use permit with as restrictive. agreeme-nt as recommended by the zoning board of cappnnl.s, and that the village attorney, using his discretion, dreft an ngreemen't on the FtA lands east of Route 83 to express the intent of the Oak Brook Development Company to develop thecae bonds ns single franily detached residences. Roll Cell Vote• 2-ayes Trustees Barton, I-Iavey, Howell, O'Brien, Rossman and President Mohlman. Nayes Trustee Hayes So ordered. III ADJOURNMENT Trustee Rossman moved seconded by Trustee O'Brien... That this fleeting be adjourned. Voice vote - all in favor. So ordered. This meeting adjourned at 10:15 P.M. Respectfully submitted, Lorraine E. Fricek Village Clerk LL/28/66 J Li_Kii4 12-2-66 1 cc. W�U—Go 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, January 3, 1967, at 7:30 p.m. a public hearing will be held by the Zoning Board of Appeals of the Village of Oakbrook, DuPage County, Illinois, in the Village Hall located at 31st Street near Spring Road within the Village of Oakbrook, to consider a general amen4ent to the Oakbrook Zoning Ordinance by deleting therefrom Section VII, Paragraph G, being the provisions for R5 Single-Family Attached Residence District. Said hearing shall be conducted pursuant to the rules and regulations of the zoning ordinance of the Village of Oakbrook and the Statutes of the State of Illinois, and all interested persons will be afforded an opportunity to be heard. Dated at Oakbrook, Illinois, December 15, 1966. Norman Steenhof Chairman - Zoning Board of Appeals January 3, 1967 Mr. Norman Steenhof, Chairman Zoning Board of Appeals Village of Oak Brook Oak Brook, Illinois Dear Mr. Steenhof: As the record will show, Yorkshire Woods Property Owners Association consistently opposed the special use under R-4 for the area west of Route 83 between $j3� Street and the tollroad . Rezoning now approved in this area has removed R-5 from the zoning map. It is our opinion R-5 also should `.. be removed from the zoning ordinance . R-5 originally was included because of the protection, in the opinion of counsel, its inclusion in the zoning ordinance and on the zoning map would provide for the village . Recent action of the Village Board in approving the special use under R-4 now has opened up the village to multi-family housing at a time when much open land exists and the eventual character of the village still is open to question. The original intent of R-5 in the zoning ordinance and on the zoning map now is met by the special use under R-4. Any additional reason for retaining R-5 in the zoning ordinance does not compensate for the unnecessary risk which is involved for the village, proper, in retaining this classification. We urgently request removal of R-5 from the zoning ordinance . Very truly yours, ?!4'erIO n M. Armstron P re�t g YORKSHIRE WOODS PROPERTY O.TNERS ASS ' -. w/Gr-&( VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 January 9th , L967 President & Board of Trustees Village of Oak Brook L200 Oak Brook Road Oak Brook, Illinois Re: Oak Brook Zoning Ordinance Amendment Gentlemen: At our regularly scheduled meeting on January 3rd , L967 , a public hearing was held by the zoning board of appeals to consider a general amendment to the Oak Brook Zoning Ordinance to delete therefrom Section 7 , Paragraph G, being the provisions for R-5 single family attached residence district. With six members of the board present , including the chairman , Mr. Schenck moved and Mr. Swain . seconded the motion to recommend to the village board that the above mentioned paragraphs be deleted from the Oak Brook Zoning Ordinance . With the chairman not voting, the roLL call vote was unanimous to approve this motion. It was the feeling of the zoning board that the special use would accomplish the ends of satisfying the wishes of most of the people heard from in previous hearings . They felt that this deletion Leaves the ordinance somewhat vulnerable but that without any R-5 7be equally vulnerable, and the feeling was that at such time another request may be made for R-5 that then an attempt cmade to re-amme nd the ordinance at that time. h e 70;1 1 ►�Cj r Very truly yo s O , C airman f Zoning Board of Appeals VILLAGE OF OAK BROOK MINUTES OF January 10, 1967 I ROLL CALL The meeting was called to order at 8:10 P. M. by Village President, T. A. Mohlman. All trustees were present except Trustee Barton. lI READING OF MINUTES Trustee O'Brien moved - seconded by Trustee Rossman. . . That the minutes of the regular meeting of December 13th, 1966, and the special meeting of December 19th, 1966, be accepted and approved as read. Voice vote all in favor. So ordered. ZII ORDINANCES, RESOLUTIONS, VARIATIONS, ETC, A. Lot 243, Brook Forest President Mohlman read the recommendations of the plan commission, dated January 3rd and the zoning board dated January 9th, regarding the petition of Mr. Robert R. Anderson. After discussion, with Mr. Anderson and Mr, Steenhof, the following motion was made. Trustee Rossman moved - seconded by Trustee Havey. .. That Mr. Anderson be granted a 25 ft, variation and that the village attorney be instructed to draft an ordinance accordingly. `- 'voice vote A all in favor. So ordered. r B. Okk Brook-Zoning Ordinance Amendment ` President Mohlman read the recommendation of the zoning board of appeals, dated January 9th, 1967. Trustee Howell moved T seconded by Trustee Hayes. . . That the board endorse the recommendation of the zoning board to delete Section 7, Paragraph G, being the provisions for R-5 single family attached residence district, from the Oak Brook Zoning Ordinance and that the.village attorney be instructed to draft an ordinance accordingly. Voice vote - all in favor. . So ordered. C. Election Ordinance M S-lt9 President Mohlman read an ordinance calling an election, fixing the election district, establishing the polling place and naming the judges for the general municipal election of the Village of Oak Brook, to be held on April 18, 1967, Trustee O'Brien moved - seconded by Trustee Havey. . . That Ordinance S-119 be approved and adopted by the village board. Roll Call Vote: Ayes Trustees Havey, HayeF, Howell, O'Brien, and Rossman. Absent „ Trustee Barton Noyes - None So ordered. w/&-`` LLAGE OF OAK WA K1101.0es 0� T' 71IG C-11-1 -1, S t'l(-t Q i.I I .4 �cumjed by Trur3tee 17hat he mimu�Ces of tiur� regular nmeting of January 10th 1967, be accepted and ^ipprovc-d as read. So wulered. VARTATIONS, ETC. Lt)t 243, D-root-. S, 1.22 tont Mahluinu an orMnnlwe• granL-Iug' rearyard 0 25 ft. on Lot 21,3 irt Brry,)"r Fc)rpqt. "3 .1212 bn approved au"! t'dopteei by khq G"I 11. V C)t Z.v rt C. Trusi:ees Br,,vto", Have y, Hnyes, HoweLl, O'briski and Rucnman, None So ordered, D"A., Zcainr-r in I Lice Deletion of R5 -- Ord-Amance S-123 Pr r',e x;:3 an ord4nanee aw-nd-i'ng Ordinnute G-60 lent HnUvl.nn by nty ord fkI-nz'I.Pg her from mi'bpnrafv I Uiro P-) ugh ,ra ; s laclusivr o-7 of `TL 1 vetatiiig R.-5 S7 'jv ordinwpce S 1.23 nn,6 rildopted by Lbe ..AL CaLl 4 t.'s Hnyes Ho-vel 0111r4-'e" And "oss"w'Clu 'Z So ordervd. yoc !'ol)n S Y.zIISi, U!A.,!JJiI fAiacion R CIO M. by 'I'vim.ten R"we'T. . . Par. an' ttl U."66, 7N2 Jz'.Ccept.�--A boarld, vote 1z '911 In So ordered. President Hoh1mvin irend ""^ mnlixtion 111•60 comnv�afling Mr, Steenhof 7or �111; fi'mithf-M.1 to the Village of orlc Bloov . TT-nntec 11 `Galt pnr3r.eO nnd npproved by V?c vMsgre bo 3rd. Voice roze all in "w"'or. So ordered, `-' AN ORDINANCE AMENDING ORDINANCE U-60, PASSED AND APPROUD BY THE PRESIDENT AND IOARU OF TRU°«a"TEE:i OF UE VILLAGE OF QA.'��:I.RU0K, 0U PAGE COWNT`1, ILLINOIS, O:i UE 22nd DAY Of MARCH I li660, &NOWN AS WtiG LAS, the i°residont and the hoard of Trustees of the village of Oakbrook did on the 22nd day of March, 1966, adopt and approve Ordinance u-60, known and designated as "Oak crook Zoning Ordinance," which said ordinance having thereafter been published In pamphlet form, is and has teen in full force and effect from and after the 6th day of July, 1566, as from time to time amended; and WHEREAS, pursuant to the provisions thereof, certain amendment* to said ordinance, as more specifically bercinafter set forth, were proposed by the President and Board of Trustees and referred to the ,elan t,owwlssiov of said village and the Zoning board of Appeals for consideration thereof; and WHk4:LAi, the Zoning board of Appeals of the Village of Oakbrook did, on the 3rd day of January, 1967, conduct a public hearing on said proposed amendment, notice of which said public tearing was duly published in accordance with the Statutes of the State of Illinois tbereto pertaining and the provisions of said ordinance; and WHEREAS, the said "Zoning koard of Appeals of the Village of Oakbrook, UuPage County, Illinois, bas recomended that said amendment be adopted and the President and hoard of Trustees do concur in said recowondation; Now, TjjULjr0RE, BE IT ORDAINED by the President and the board of 'Trustees of the V iliage of Oakbrook as follows: "Sl ion 1. That Ordinance G-60, passed and approved by the President and Board of Trustees of the Village of Oakbrook ��-; W►Tt� (?-(vCv on the 22nd day of March, 1966, known and designated as "Oak Brook Zoning Ordinance," be and the some is hereby amended by striking and deleting therefrom subparagraphs I through 9 inclusive of paragraph G of Section VII relating to its Single- Pamily Attached Residence District, and that from and after the effective date of this ordinance said district shall be eliminated from the provisions of said ordinance. Section 2. That this ordinance shall be in full force and effect from and after its passage, approval and publication as by statute in such cases made and provided. Passed and approved by the President and Hoard of Trustees of the Village of Uakbrook, Illinois, this�_day � of .%��t C�-fir,=� � 1967. � l/J Approved: President Attest: Clerk 2 -