G-618 - 09/22/1998 - ZONING - Ordinances ORDINANCE 98-ZO-TA-G-618
AN ORDINANCE AMENDING SECTION VII(E)(2)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATING TO SPECIAL USES IN THE R-3 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
WHEREAS, subsection 1 entitled, "Purpose"of Section XIII (J)entitled"Special Uses"of the Oak
Brook Zoning Ordinance states:
"J. Special Uses
1. Purpose
The development and execution of the zoning ordinance is based upon the division of the
Village into districts, within any one of which the use of land and buildings and the bulk and
location of buildings or structures, as related to the 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."; and
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, the Plan Commission considered the proposed ordinance amendment on May 18,
1998 and submitted its recommendation favoring the proposed amendment to the Board; and
WHEREAS, the Zoning Board of Appeals conducted a public hearing on the proposed
amendment on July 7 and August 4, 1998 pursuant to due and appropriate legal notice and has
recommended against approval of the proposed amendment; and
WHEREAS, according to the June, 1990 Comprehensive Plan, there was a 232% increase in the
percent of senior citizen (age 65 and older)heads of households in the Village between 1969 (6.5%)and
1988 (21.6%). Based on the 1988 special census, there is an additional 24.9% of the households in the
Village which are headed by persons ages 55 to 64 (see page 19 of the Comprehensive Plan); and
WHEREAS, a significant number of so-called"empty nesters", some residing in the Village,
testified throughout the hearing process that cluster housing is needed in the Village; and
WHEREAS, the special use process would allow each so-called "cluster housing" proposal
involving not less than 30 acres in the R-3 District to be considered against the standards for special use
on a case-by-case basis; and
Callaghan Text Amendment 09/17/98 2:25 PM
Ordinance 97-ZO-TA-G-618
Amending Section VII(E)(2) Relating to
the R-3 Single-Family Detached
Residence District, Page 2
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 that the following text
amendment creating a new special use in the R-3 district for so-called cluster housing on lots of 30 acres
or more intended for persons age 55 or older 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.
Section 2: That Section VII(E)(2)of the Zoning Ordinance of the Village of Oak Brook,which
pertains to special uses in the R-3 Single-Family Detached Residence District be amended by adding a
new subsection (c), which section shall read as follows:
"(c) Residential Development of cluster-type single-family detached dwellings
intended for occupancy by persons 55 years of age or older, and all
occupants at least 18 years of age or older, on parcels not less than 30
acres in area.
(1) Bulk Standards: The Bulk Standards of this section shall apply
except as follows:
(a) Structure Height: Not more than 30 feet above the highest point
of the foundation.
(b) Density: Not more than 2.3 dwelling units per acre, provided the
total lot area does not exceed 22%of gross land area.
(c) Lot Area: Not less than 3,700 square feet.
(2) Lot Width: Not less than 53 feet as determined at the rear lot line.
(3) Yards: Distances between buildings, public or private rights-of-way
and subdivision boundaries,which shall apply in lieu of the zoning
yard requirements for the R-3 District, shall be not less than:
i
a. 16 feet from the side wall eave to the side wall eave;
b. 70 feet from the rear wall eave to the rear wall eave;
c. 20 feet from the front wall eave to the right-of-way or access
easement line;
d. 15 feet from the side wall eave to the right-of-way or access
easement line;
e. 15 feet from the rear wall eave to the right-of-way or access
easement line; and
f. 35 feet from the rear wall eave to the subdivision boundary.
Patios, decks, roof overhangs, chimneys and bay windows shall be
permitted within an exclusive easement adjoining the front, rear and
side lot lines. This easement may also provide utility access,
Ordinance 97-ZO-TA-G-618
Amending Section VII(E)(2) Relating to
the R-3 Single-Family Detached
Residence District, Page 3
provided that any structures in the easement do not conflict with the
needs of any utility.
(4) Subdivision Controls: All common area shall be titled to and
maintained by a homeowners'association as"open space"for joint
use by the residents of the subdivision. At least 80%of occupied
dwellings within the subdivision shall be occupied by at least one
person who is 55 years of age or older, and all occupants must be 18
years of age and older, and this restriction shall be included within
the covenants, conditions and restrictions recorded with the Plat of
Subdivision."
Section : That this ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 4,, 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: *Tone
APPROVED THIS 22nd day of September, 1998.
�/��`:.�• " �`-`_"�f;� '-�-\ Village President
¢< Ll ATTEST- i
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Village Attorney
Published 9-23-98 Pamphlet form
Date Paper
Not Published