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G-272 - 11/11/1980 - ZONING - Ordinances ZoN;uG oab- 27 TEXT AMQbMNT 10/72079 Alts-r K,GAA46 Mil l- Revised 4/15/80 C�a'rEwary Revised 10/23/80 ORDINANCE NO . G- 272 AN ORDINANCE AMENDING THE OAK BROOK 'ZONING ORDINANCE AND ESTABLISHING THE HISTORIC GRAUE MILL GATEWAY AREA AND PROVIDING RULES AND REGULATIONS FOR THE DEVELOPMENT OF ALL LAND USES IN THE HISTORIC GRAUE MILL GATEWAY AREA 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 l: That the Zoning Ordinance of the Village of Oak Brook e and is hereby amended by adding thereto Section VIII -A en- titled "Historic Graue Mill Gateway Area" , which section shall read as follows : VIII-A - HISTORIC GRAUE MILL GATEWAY AREA A. FINDINGS (1) That the area around the Graue Mill is a unique area with special cultural significance and character different from similarily zoned properties in the Village and includes historic structures : the Graue Mill ; the Old St . John Church ; and the Fred Graue residence , which structures are hereby desi-gnated to be historically significant . (2) That the preservation and development of this area require additional rules and regulations supplementing existing ordinances in order to specifically address the unique character of that area. (3) That the Historic Graue Mill Gateway Area includes all that property within the boundaries as shown on the attached map and legal description label-led Exhibit "A" , which map and legal description are hereby .incorporated herein and made a part hereof . (4) That a public hearing has been held pursuant to notice to property owners in the area of the Historic Gruae Mill Gateway Area on February 2 , 1980 before the Zoning Board of Appeals of the Village , pursuant to due and appropriate notice published in the Oak Brook Doings on January 17 , 1980 . (5) That the creati-on of the Historic Graue 14i_ll Gateway Area and rules and regulations regarding the development therein is consistent with the Comprehensive Plan of the Village of Oak Brook . (6) The Village of Hinsdale has passed on October 7 , 1980 a similar ordinance so that the character of this area can be preserved in both Villages . This joint effort of the two Villages is consistent with and in accordance with the provisions of Section 10 of Article VII of the Illinois Constitution relating to inter- governmental cooperation. B. ESTABLISHMENT OF GRAUE AMILL GATEWAY AREA The Historic Graue Mill Gateway Area is hereby established_ with the boundaries as set forth on the attached Exhibit "A" . The pro- visions of this Ordinance shall apply to the erection , construction , alteration or repair of any building or structure in the said Area and no building permits shall be issued for any such work except as pro- vided herein. C . INTENT AND PURPOSE The provisions of this Ordinance are intended to order and con- '" trol growth within the area described as the Historic Graue Mill Gate- way Area, hereinafter sometimes referred to as "Area" , and for the additional purposes . (1) To promote the public health , safety , morals , comfort and general welfare of the citizens of said Area . .. >., y ... �\ 10/30/79 1%.e & _2 -7a , dunce No . G- 272 Revised 4/15/80 raue Mill Revised 10/23/80 Page two (2 ) To enhance the values of property throughout the said Area. (3 ) To encourage and foster development in the Area con- sistent with the Graue Mill , its site and the historic period it represents . (4 ) To encourage and promote the attractiveness , cohesive- ness and compatibility of new buildings , development , remodeling, and additions so as to maintain and improve established standards of property values within the Area consistent with its historical character. (5 ). To encourage and promote the preservation of histori- cal structures , buildings and natural resources including the Graue Mill , the old St . John Church and the Fred Graue residence . D, DEFINITIONS For purposes of this Ordinance the following words and terms shall have the respective meanings : (1 ) ARCHITECTURAL CHARACTER - The composite or ag- gregate of the characteristics of structure, form, materials , and function of a building, group of buildings , or other architectural composition. ( 2 ) ARCHITECTURAL CONCEPT - The basic esthetic idea of a building, or group of buildings or structures , including the site and landscape development, which produces the architectural character . (3 .) AREA - The Historic Graue Mill Gateway Area . (4 ) CERTIFICATE OF APPROPRIATENESS - A statement issued by the President and Board of Trustees of the Village that a Gateway Development Plan meets the intent and purpose of the His- toric Graue Mill Gateway Area which permits the applicant to build in accordance with the statement . (5 ) EXTERIOR BUILDING COMPONENT - An essential and visible part of the exterior of a building . (6 ) GATEWAY DEVELOPMENT PLAN - Those documents , draw- ings , and plans , including the site plan and landscape plan, as referred to in . Sub-sections F and G of this Section VIII•A. (7 ) SCREENING - Structure or planting which conceals from view from public ways the areas behind such structure or planting . (8 ) STREET HARDWARE - Objects other than buildings , structures , and planting located in streets and public ways and outside of buildings . Examples are : lamp posts , utility poles , traffic lights , traffic signs , benches , litter containers , plant- ing containers , letter boxes , fire hydrants . (9 ) STREETSCAPE - The scene as may be observed along a public street or way composed of natural and man-made components including buildings , paving, planting , street hardware, and miscellaneous structures . (10) VILLAGE - The Village of Oak Brook, Illinois . a. Revised 4/15/80 Revised 10/23/80 Ordinance No . G- 272 Page three Graue Mill E. _CERTIFICATE OF AP_PROP_RIATENESS_ REQUIRED�FOR�BUILDING PERMITS_ No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the Building Inspector except upon the issuance of a Certificate of Appropriate- ness by the President and Board of Trustees . Such Certificate of Appropriateness may only be issued after a public hearing has been held before the Plan Commission of the Village in accordance with the public hearing procedures set forth herein and after the President and Board of Trustees of the Village approve the Gateway Development Plan for the property involved . F . GATEWAY DEVELOPMENT PLAN The Gateway Development Plan must be appropriate to the development of the Area consistent with its historic character and shall provide detailed information in regards to the following : ( 1 ) RELATIONSHIP OF PROPOSED BUILDINGS OR STRUCTURES TO SITE AND ADJOINING AREA The site shall be planned to accomplish a desirable transition with the streetscape , and to provide for adequate planting , pedestrian movement , and parking areas , and shall be evaluated pur- suant to the following criteria: a . The provision, where practical , of setbacks in ex- cess of zoning restrictions to provide an interesting relationship between buildings . b. The treatment of parking areas with decorative elements , building wall extensions , plantings , berms , or other in- novative means so as to screen parking from view. c The underground installation of newly installed utility services , and service revisions necessitated by exterior alterations . ( 2 ) BUILDING DESIGN Evaluation of the appearance of a project shall be based on the following criteria: a The quality of the design and its relationship to the Graue Mill , its site , and the historic period it represents . b • The compatibility of the design, arrangement , tex- ture , and materials of the proposed buildings or structures with the intent and purpose of the Area. c • The screening and location of mechanical equipment or other utility hardware on roof, ground, or buildings from public view with materials harmonious to the building , so as not to be visible from any public ways . a • The unobstrusiveness and harmoniousness of ex- terior lighting and the compatibility of fixtures , standards , and all exposed accessories with the building design. Revised 4/15/80 ` ` ..- Revised 10/23/80 Ordinance' G- 272 Page four Graue Mill (3) STREET HARDWARE AND SIGNS a. Street hardware located on private property shall be designed to be part of the architectural concept of design and land- scaping . Materials shall be compatible with buildings ; scale and color shall be harmonious . b . Lighting design in connection with street hardware shall meet the criteria applicable to site , landscape , buildings and signs . C. Wall and ground signs shall be part of the architectural concept . Size , color, lettering , location, and arrangement shall be harmonious with the building design and shall incorporate the logo symbol of the Area approvedby the Village , a copy of which is attached hereto , labelled Exhibit "B" , and hereby made a part hereof. (4) LANDSCAPING DESIGN CONSIDERATIONS Landscape treatment shall be provided to enhance archi- tectural features and provide shade and screening , and shall be evaluated pursuant to the following criteria: a. The compatibility of the design and size of all land- scaping effects with the building or structure and adjacent areas . b . The preservation , protection and development of existing topographic patterns and plant materials which contribute to the beauty and utility of a development . C. Where building sites limit planting , the placement of trees in the parkway or paved areas . Parkway trees shall be of a minimum 3" caliper. Buildings of three stories or more shall have--park- way and front and/or sideyard trees of a minimum of 5" caliper . d. The method of screening of service yards, and other places which tend to be unsightly, by fencing, planting , or a combination of these . Screening shall be equally effective in all seasons and may be accomplished by use of any combination of walls , fencing or plantings . e . The enhancement of parking areas and traffic ways with landscaped spaces containing trees and tree groupings and low shrubs or ground cover. f. The use of unobstrusive exterior lighting to enhance the landscaping. g . The use of landscaping materials and lighting which have low demand for annual maintenance. (5) LANDSCAPE PLAN - A detailed landscape plan shall show : a. Location of existing plant materials to remain and those to be removed. b . Designation of parkway "street trees" . Existing park- way trees shall be preserved and protected during construction . C. Scientific (genus-species) and common names of proposed landscape material and proposed quantities and sizes of same . d. Landscape materials other than plant materials shall be designated in detail . The Landscape Plan shall be prepared by a landscape archi- tect or qualified nurseryman in accordance with the criteria set forth herein in Sub-section F (4) . The Plan shall be signed and dated by the designer. Revised 4/15/80 Revised 10/23/80 Ordinance No . G- .272 Page five Graue Mill ( 6) SITE PLAN - A detailed site plan shall show: a. Exact location of the building (s) or structure (s) on the site . b . Exact location of drives , walks , parking areas , parking layout , freestanding or retaining walls , fences , and drain- age accomodations . C. Elevations showing all sides of the proposed structure . Elevations should indicate the type of materials to be used on the structure as well as their proportions . d. Existing grades or topographic details to be retained and proposed grading . e . Location of utilities . G . ADDITIONAL REQUIREMENTS OF GATEWAY DEVELOPMENT PLAN �TT In addition to the information required pursuant to `- Section 6 of this Ordinance , the following requirements must be met prior to the issuance of a Certificate of Appropriateness . _G) VISUAL ENVIRONMENT In order to insure an aedquate and pleasant natural environment , a sum of money equal to not less than five (5) per cent of the total project construction cost , as set forth on the approved building permits , shall be budgeted and used by the owners and developers to purchase and install mature sized trees , shrub- bery, grass and other suitable landscpaing upon the grounds , which budgeted amount shall be expended to comply with the provisions of subsections F(4) and F (5) of this Section VIII-A. The President and Board of Trustees may vary from or waive the require- ment for such expenditure where such expenditure would cause a hard- ship on the applicant . Hardship , for purposes of this Ordinance shall include , but not be limited to the following situations : a. Irregular shaped lots where landscaping is not practical ; b. Lots with minimal frontage ; C. Development does not cause any visual impact, e . g . development to the rear of a lot or building ; and d• Those instances where there is an abundance of existing natural vegetation precluding the necessity for further landscaping treatment . (2) PUBLIC UTILITIES All utility lines , including but not limited to , tele- phone and electric , in the right-of-way adjacent to and in the de- velopment property shall be placed underground . Underground utility lines shall be placed within ease- ments or dedicated public ways in a manner which will not conflict with other underground services . All transformer boxes and service posts shall be located so as not to be unsightly or hazardous . Revised 4/15/80 Revised 10/23/80 Ordinance No . G- 272 Page six Graue Mill H. CERTIFICATE OF APPROPRIATENESS - AP=A7 TD1V7 A1gD TMA-_RTNG­__ Upon the filing of an application for a building permit for which a Certificate of Appropriateness is or may be required, the applicant shall concurrently file with the Village Clerk an application for a Certificate of Appropriateness , which application shall include all the information and material required pursuant to , Sub-sections F and G of this Section VIII--A. Such application shall be referred to the Plan Commission by the President and Board of Trustees upon verification of the completeness of said application. The fact that an application for a Certificate of Appropriateness has been filed shall not be cause for the Building Inspector to delay the review of plans relating to the building and zoning as- pects of the project , while said Application is pending. The Plan Commission shall thereupon fix a reasonable time , within forty-five (45) days , for a hearing and give a written five (5) day notice thereof to the applicant. Upon such hearing the Commission shall consider the application for a Certificate of Appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney `- and from the Village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this Ordinance. All testimony given at such hearing shall be under oath. 1 . ACTION BY PLAN COMMISSION ON GATEWAY DEVELUffENT-PLAN Prior to making its decision the 'Commission may make recommendations to the applicant as to changes in the exterior drawings , sketches , landscaping, site plans and materials which in the judgment of the Commission would tend to effect the general purposes of this Ordinance . The Commission shall make its de- cision within fifteen (15) days after the hearing is closed and shall issue to the President and Board of Trustees its findings and recommendation concerning the proposed Gateway Development Plan. If the Plan Commission recommends denial of a Gateway Development Plan it shall specifically point out such deficiency in its findings . J. ACTION BY CORPORATE AUTHORITIES ON GATEWAY DEVELOPMENuNT P L_N_LL_~ The President and Board of Trustees may approve or dis- approve the proposed Gateway Development Plan or refer the matter back to the Plan Commission for further consideration. Upon approval of any proposed Gateway Development Plan the President and Board of Trustees shall issue a Certificate of Appropriateness as to the approved Gateway Development Plan. K. IMPLEMENTATION OF GATEWAY DEVELOPMENT PLAN Upon granting of a Certificate of Appropriateness, the Gateway Development Plan, including the exterior drawings , sket- ches , landscape and site plans , renderings and materials upon which said Certificate was granted, shall be referred to the Building Inspector whose responsibility it shall be to determine , from time to time as the project is in progress and upon its completion, that there have been no unauthorized deviations from the Gateway Development Plan upon which the granting of the Certificate of Appropriateness was based. 10/30/79 Revised 4/5/80 Revised 10/23/80 Ordinance No . G- 272 Page seven Graue Mill L. EXCEPTIONS TO GATEWAY DEVELOPMENTS PLAN PROCEDURES The requirements of this Ordinance for submission and approval of a Gateway Development Plan and the issuance of a. Certi- ficate of Appropriateness shall not be applicable to : 1 . Renovation, restoration and preservation of structures designated by the President and Board of Trustees as historically or culturally significant ; 2 . Ordinary repairs or interior renovations ; 3 . Renovations or additions to existing single family detached residential buildings or structures accessory thereto . M. PROCEDURE FOR SINGLE-FAMILY DETACHED RESIDENCES Where a Certificate of Appropr=iateness is required pur- suant to Sub-section E of this Section VIII-A, for the construction of any single- family detached residnce , the requirements of sub- sections F (4) , F (5) and G (1) of this Section VIII-A shall not be applicable . N. That the provisions of this Section VIII-A shall be in addition to and not in derogation of any provisions of the Zoning Ordinance of the Village of Oak Brook; provided, however , that where any provision of the said Zoning Ordinance may conflict with a provision of this Section VIII -A, the more restrictive pro- visions shall apply . Section 2 : That the provisions of this Ordinance are deemed severable , and the validity or invalidity of any part hereof shall not affect the validity of any other part of this Ordinance . Section 3 : The Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form as required by law. Section 4 : That this Ordinance shall be in full force and effect from and after its passage , approval , and publication in pamphlet form in the manner provided by law. Passed this llth day of November 1980 . Ayes : Trustees Congreve , Philip , Reynolds , Rush and Watson Nays : None Absent : Trustee Imrie Approved this 11th day of November 1980 . Village President ATTEST : ry Village Clerk --� '1 Revised 4/15/80 Revised 10/23/80 Ordinance No . G- 272 Page eight Graue Mill Approved as to Form: Villa e A torney �- Not Published Published 11/12/80 Pamphlet Date Paper L LEGAL DESCRIPTION - GRAUE MILL GATEWAY AREA Commencing at a point on the South line of the Southeast Quarter of Section 36, Township 39 North, Range ,11 East of the Third Principal Meridian at the Southeast corner of Lot 4 in Graue's Assessment Plat #2, thence North along the East line of said Lot 4 to a point 200 feet North of the South line of the Southeast Quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian; thence West approximately 425.06 feet to a point on the East line of York Road; thence North along the East line of York Road 176.6 feet to a point 375 feet North of the South line of said Southeast Quarter of Section 36; thence East along said line approximately 523.25 feet to the South line of Salt Creek; thence North and West along the South line of Salt Creek to the East line of York Road; thence North along the East line of York Road to the North line of Wennes Court, as ex- tended, thence West along the North line of Wennes Court and as extended and con- tinuing West along the North line of Wennes Court to the East line of the Southwest Quarter of said Section 36; thence West 66 feet to a point along the East line of Lot 4 in Wennes Subdivision; thence South along the East line of said Lot 4, and as ` extended, to a point approximately 220 feet South of the Southeast corner of said Lot 4; thence West along a line to the Northeast corner of Lot 1 in Soukup's Subdivision at its intersection with Washington Street; thence South along the East line of said Lot l to the South line of said Lot 1; thence West along the South line of said Lot 1 and along the South lines of Lots 1 and 2 in Rueben's Subdivision to a point approximately 62.45 feet East of the West line of Lot 2 in Rueben's Subdivision; thence South approximately 330 feet to a point, thence East to a point on the West side <of.Washington Street, said point being approximately 554.3 feet North of the South line of the Southwest Quarter of Section 36; thence South along the West line of Washington Street to the centerline of Glendale Avenue; thence East. along the center line of Glendale Avenue, and as extended, to the place of beginning. 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