S-1467 - 07/12/2016 - ZONING -VARIATION - Ordinances ORDINANCE 2016-ZO-V-EX-S-1467
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTIONS: 13-6B-3F-2a, 13-6B-3F-2c, 13-12-3C, 13-12-3E and 13-12-3E-lb(3)(B)
OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK TO ALLOW FOR THE CONSTRUCTION OF
THE FACILITIES DEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT
501 OAK BROOK ROAD, 3202, 3212 AND 3222 YORK ROAD IN THE VILLAGE OF OAK BROOK
Christ Church of Oak Brook—501 Oak Brook Road, 3202, 3212 and 3222 York Road
PINS: 06-36-100-004, 06-36-103-005, 06-36-107-001 and 06-36-107-002
WHEREAS, an application was filed by Christ Church of Oak Brook ("Christ Church's owner of
the property located at 501 Oak Brook Road, 3202, 3212 and 3222 York Road and legally described in
Exhibit A attached hereto and incorporated herein ("Property") requesting several variations to allow for
the implementation and construction of its Facilities Development Plan ("Facilities Plan'j; and
WHEREAS, the Property is located in the R2 Single-Family Detached Resident District; and
WHEREAS, Christ Church is seeking variations ("Variations'l in order to implement and
construct the Facilities Plan on the property, as follows:
Variation to Section 13-6B-3F-2a to reduce the side yard along York Road from 50 feet to
40 feet to accommodate the easternmost portions of parking lots 1, 2 and 3 and the expanded
landscape berm.
Variation to Section 13-6B-3F-2c to reduce the interior side yard in the northwest corner
of the site from 30 feet to 10 feet in order to accommodate parking and a new accessory storage
garage.
Variation to Section 13-12-3C to reduce the width of drive aisles from 27 feet to 24 feet in
the parking areas.
Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to
approximately 340 feet and relocate a right-in, right-out access driveway onto Oak Brook Road,
approximately 290 feet west of Coolidge Street.
Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to
approximately 340 feet and convert the existing right-in, right-out driveway on Oak Brook Road
opposite of Lincoln Street to a full access.
Variation to Section 13-12-3E-1 b(3)(B) to increase the maximum width of the full access
driveway on Oak Brook Road (31 st Street) from 44 feet to 49 feet; and
WHEREAS, on May 23, 2016, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the Application for the requested
Variations; and
WHEREAS, after the close of the public hearing, the ZBA found that Christ Church 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 delivered to the President and Board of Trustees dated June 8, 2016,
recommended approval of the Variations to allow the construction of the Facilities Plan subject to certain
conditions; and
WHEREAS, on June 14, 2016, the Village President and the Board of Trustees concurred with
the findings and recommendations made by the ZBA; and
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 2 of 8
WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the
granting of variations to the Zoning Regulations have been met.
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.
Section 2. Restatement and Grant of Variations. Subject to, and contingent on the
conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of
Trustees shall, and does hereby, approve variations to the Zoning Regulations to permit:
1. Variation to Section 13-6B-3F-2a to reduce the side yard along York Road from 50 feet to 40 feet
to accommodate the easternmost portions of parking lots 1, 2 and 3 and the expanded landscape
berm.
2. Variation to Section 13-6B-3F-2c to reduce the interior side yard in the northwest corner of the
site from 30 feet to 10 feet in order to accommodate parking and a new accessory storage
garage.
3. Variation to Section 13-12-3C to reduce the width of drive aisles from 27 feet to 24 feet in the
parking areas.
4. Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to approximately 340
feet and relocate a right-in, right-out access driveway onto Oak Brook Road, approximately 290
feet west of Coolidge Street.
5. Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to approximately 340
feet and convert the existing right-in, right-out driveway on Oak Brook Road opposite of Lincoln
Street to a full access.
6. Variation to Section 13-12-3E-1b(3)(B) to increase the maximum width of the full access driveway
on Oak Brook Road (31 st Street)from 44 feet to 49 feet.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to
and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The Facilities Plan shall be constructed in substantial
conformance with the site plan on Sheets C2.0. C2.1, C2.2. and C2.3 prepared by V3 Companies
dated March 25, 2016 attached hereto and incorporated herein as Exhibit B; and
B. Previously Approved Variations and Special Use. All other provisions of any approved special
use or variation previously approved for the Christ Church shall remain in full force and effect
unless specifically changed by this Ordinance.
C. Approval of Special Use The Variations are subject to the Village's approval of Ordinance S-
1468 approving an Special Use for the Facilities Plan; and
D. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance,
the Property, the Addition, 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.
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 3 of 8
Section 4. Failure to Comply with Conditions. Upon failure or refusal of Christ Church 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. This Ordinance and the privileges, obligations, and provisions
contained herein shall inure solely to the benefit of, and be binding upon, the Christ Church and any and
all of Christ Church' heirs, successors, and assigns, and upon any and all current and successor legal or
beneficial owners of all or any portion of the Property
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;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by Christ Church with the Village Clerk, for recording in the Office of the
DuPage County Recorder of Deeds, of an unconditional agreement and consent
("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 Christ Church. 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 Christ Church 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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 4 of 8
APPROVED THIS 12th day of July, 2016.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of July, 2016.
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
r
Charlotte K. Pruss
rx 3�M /ii Village Clerk
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 5 of 8
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I:
LOT "B" (EXCEPT THE NORTH 250 FEET THEREOF MEASURED ALONG THE EAST LINE)
ACCORDING TO THE SURVEY OF PART OF THE WEST HALF OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED NOVEMBER 16, 1897 AS DOCUMENT NO. 65421 IN THE RECORDERS
OFFICE OF DUPAGE COUNTY, ILLINOIS;
(THE LAND IS KNOWN AS: 3212 YORK ROAD, OAK BROOK, IL)
PARCELII
LOT 1 IN CHRIST CHURCH RESUBDIVISION, BEING A RESUBDIVISION OF PART OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED
SEPTEMBER 9, 1986, AS DOCUMENT NO. R86-107588 IN DUPAGE COUNTY, ILLINOIS.
(THE LAND IS KNOWN AS 501 OAK BROOK ROAD AND 3202 YORK ROAD, OAK BROOK, IL)
PARCEL III:
LOT 1, IN HENRIKSON'S RESUBDIVISION, IN THE WEST HALF OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 4, 1982 AS DOCUMENT NO. R82-45443, IN DUPAGE COUNTY,
ILLINOIS.
(THE LAND IS KNOWN AS: 3222 YORK ROAD, OAK BROOK, IL 60523)
P.I.N.(s): 06-36-100-004, 06-36-103-005, 06-36-107-001 and 06-36-107-002
The subject property is located at 501 Oak Brook Road, 3202, 3212 and 3222 York Road in Oak Brook,
Illinois 60523
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 6 of 8
Exhibit B
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Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 7 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application was filed by Christ Church of Oak Brook("Christ Church'I owners of
the property located at 501 Oak Brook Road, 3202, 3212 and 3222 York Road and legally described in
Exhibit 1 attached hereto and incorporated herein ("Property'l requesting variations ("Variations'l to
allow for the implementation and construction of its Facilities Development Plan ("Facilities Plan'l as set
forth in the following sections of the "Zoning Ordinance of the Village of Oak Brook," as amended
("Zoning Regulations'l:
1. Variation to Section 13-6B-3F-2a to reduce the side yard along York Road from 50 feet to 40 feet
to accommodate the easternmost portions of parking lots 1, 2 and 3 and the expanded landscape
berm;
2. Variation to Section 13-6B-3F-2c to reduce the interior side yard in the northwest corner of the
site from 30 feet to 10 feet in order to accommodate parking and a new accessory storage
garage;
3. Variation to Section 13-12-3C to reduce the width of drive aisles from 27 feet to 24 feet in the
parking areas;
4. Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to approximately 340
feet and relocate a right-in, right-out access driveway onto Oak Brook Road, approximately 290
feet west of Coolidge Street;
5. Variation to Section 13-12-3E to reduce the driveway spacing from 400 feet to approximately 340
feet and convert the existing right-in, right-out driveway on Oak Brook Road opposite of Lincoln
Street to a full access;
6. Variation to Section 13-12-3E-lb(3)(B) to increase the maximum width of the full access driveway
on Oak Brook Road (31st Street) from 44 feet to 49 feet; and
WHEREAS, Ordinance No. 2016-ZO-V-EX-S-1467, adopted by the President and Board of
Trustees of the Village of Oak Brook on July 12, 2016 ("Ordinance"), grants approval of the Variations,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be
of no force or effect unless and until Christ Church files this Unconditional Agreement and Consent with
the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set
forth in the Ordinance;
NOW, THEREFORE, Christ Church does hereby agree and covenant as follows:
1. Christ Church hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. Christ Church acknowledges that public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance and S-1467, 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. Christ Church 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 implementation and construction of the Facilities Plan and that the Village's
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 8 of 8
issuance of any such permits does not, and will not, in any way, be deemed to insure the Christ Church
against damage or injury of any kind and at any time.
4. Christ Church 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: Jv 2016.
ATTESTof Christ Church of Oak Brook
By: By: �
vkm 1,-tea
Its: (k k� I�-ti C
Ordinance 2016-ZO-V-EX-S-1467
Christ Church of Oak Brook—501 Oak Brook Road,3202,3212 and 3222 York Road
Facilities Development Plan
PINS:06-36-100-004,06-36-103-005,06-36-107-001 and 06-36-107-002
Page 8 of 8
issuance of any such permits does not, and will not, in any way, be deemed to insure the Christ Church
against damage or injury of any kind and at any time.
4. Christ Church 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: , 2016.
ATTEST: Christ Church of Oak Brook
By: By:
Its: