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S-1088 - 11/09/2004 - SPECIAL USE - Ordinances
0 ORDINANCE 2004- ZO- SU- HE -EX1 -S -1088 AN ORDINANCE GRANTING A SPECIAL USE FOR A HELIPORT AT 2001 YORK ROAD ( 2001 York Road, Oak Brook, IL 60523 -- P I N #s 06 -24- 403 -008, 06 -24- 403 -009, 06 -24- 403 -010) WHEREAS, Center Point Properties Trust, on behalf of York Road Properties, L L C filed an application requesting a special use for a heliport at 2001 York Road, WHEREAS, on September 20, 2004, the Plan Commission reviewed the request for a special use and unanimously recommended its approval, WHEREAS, on October 5, 2004, the Zoning Board of Appeals conducted a public hearing on the request for a special use pursuant to due and appropriate legal notice, and recommended approval of the special use, and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner satisfactorily addressed the factors required for approval of a special use and found that the special use is deemed reasonable and did not appear to jeopardize the public health, safety and general welfare of any party, WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the special use as set forth below to be in the best interest of the village, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The recitals above are hereby incorporated into and made a part of this ordinance Section 2 Center Point Properties Trust is hereby granted a special use in order to construct and operate a heliport at 2001 York Road on an unused parking lot on Lot 3 which is located in the southeast corner of the property, dust west of the intersection of Windsor Drive and Bliss Drive subject to the following conditions The heliport is designed in accordance with IDOT Division of Aeronautics standards 2 The operation of the heliport shall be limited to 7 00 a m to 10 00 p m Monday through Saturday, and on Sunday with 72 hours notice to the Village 3 Refueling, maintenance and helicopter storage shall not be permitted 4 The frequency of use shall not exceed ten (10) times per month, unless the Village of Oak Brook has been notified and has approved the additional use in advance 5 The heliport is operated as detailed on pages G and G -1 of the case file and attached to this ordinance as Exhibit 1 6 The heliport is designed and operated in conformance with the following terms agreed to by Center Point Properties in a letter from Chuck Henschel to H James Slinkman dated October 8, 2004 and included in the case file on pages 19 -20 Ordinance 2004- ZO- SU -EX1 -S -1088 Special Use for Heliport 2001 York Rd , Oak Brook (06 -24- 403 -008, 06 -24 -403- 009 06-24-403-010) Page 2 of 3 a The Final Approach and Take Off Area (FATO) will be moved to the west as far as reasonably possible within the existing paved area b The primary approach /departure surface will be to and from the west Center Point will endeavor to utilize this approach and departure surface in order to minimize approach and departure around or over 2025 Windsor Drive Approaches and departures around or over 2025 Windsor Drive would be limited to those approaches and departures which are reasonably necessary in order to comply with safety precautions for flying helicopters c Use will be limited to ten (10) uses per month A use is defined as a three (3) hour period when the helicopter would arrive to pick up passengers, depart to tour property and return to deliver passengers back to Oak Brook (Center Point shall not allow the helicopter to sit on the helipad for an extended period of time ) d The aircraft will be limited to a helicopter with a maximum capacity of six (6) passengers e Center Point will not in any way restrict Advocate HealthCare's, its successors and /or assigns, and any record owner of the property commonly known as 2025 Windsor Drive, Oak Brook, Illinois, ability to expand or replace their current facilities at 2025 Windsor in Oak Brook If Advocate Healthcare, its successors and /or assigns, and any record owner of the property commonly known as 2025 Windsor Drive, Oak Brook, Illinois, should decide to build a larger or taller structure which restricts or eliminates Center Point's ability to operate the proposed helipad, Center Point will cease the operation or modify it in a manner which shall be reviewed and approved by the Village of Oak Brook and the IDOT Division of Aeronautics 7 Center Point Properties will be the primary user of the facility 8 The heliport will be constructed in accordance with the plans prepared by e m o architects, inc , dated August 11, 2004, as submitted and made a part of the case file, and as modified by any term set forth in paragraph 6 above 9 Formal IDOT approval must be received by the Village prior to construction and operation of the heliport Section 3 This special use is limited and restricted to the property located at 2001 York Road, Oak Brook, Illinois, which property is legally described as follows Lots 1, 2 and 3 in York Road Properties, L L C Subdivision, being a subdivision of Lot A in Sunbeam Corporation Second Assessment Plat, being part of the southeast quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat of said York Road Properties, L L C Subdivision thereof recorded November 29, 2000 as Document Number R2000- 187248, in DuPage County, Illinois Section 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict In I Ayes Nays Ordinance 2004- ZO- SU -EX1 -S -1088 Special Use for Heliport 2001 York Rd , Oak Brook (06 -24- 403 -008, 06 -24 -403- 009 06 -24- 403 -010) Page 3 of 3 Section 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 9th day of November, 2004 Kevin uinlan Vill e President PASSED THIS 9th day of November, 2004 Trustees Aktipis, Craig, Korin, Yusuf and Zannis None Absent Trustee Ca eel .� %' F ATTEST. �l�+aks7+ax�,4 4 �it.i� + •. YH, w t r � � +ate ���~'�i`�� ✓�`• ��� + � mda K onnella, CMC \t� �,°�;% Village Clerk � '`P"�'fuT� ,j` EXHIBIT I 13- 10E -2: SPECIAL USES: Heliports, not for freight, shall meet all of the standards as contained in subsection 13- 10A -4C of this chapter. Additionally, the operation of said heliport shall meet the performance standards as contained in section 13 -10 -3 of this chapter. The proposed heliport is not for freight. 13- 10A -4C: Heliports 1. If the federal aviation administration has conducted an aeronautical study to determine the effect of the proposed heliport on the safe and efficient use of the navigable air space by aircraft and find no objection to the proposed heliport. 2. The layout and design of the heliport, including approach and departure paths, shall conform to the most current rules and regulations of the division of aeronautics, state of Illinois, department of transportation. Any approval for a heliport granted by the village shall be subject to evidence that said division of aeronautics has issued an order authorizing the applicant to proceed with construction of the heliport in accordance with plans approved by it; provided, however, that any waiver of such rules and regulations granted by said division shall be subject to approval by the village. No permit for the construction of a heliport will be given until such an order has been issued by said division. 3. Hours of operation shall be from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Monday through Saturday. The heliport may also be used on Sunday, provided the village is advised seventy two (72) hours in advance, and said use does not exceed one such use per month. 4. Approach and departure patterns from said heliport shall be limited to avoid operation over residential areas. 5. Refueling, routine maintenance and storage of helicopter, except for emergency purposes only, shall not be permitted at the heliport. 6. There will be no receiving or shipping of freight from said heliport, and there will be no on site storage of fuel. 7. Use of the heliport shall at all times comply with any specific requirements of the federal aviation administration or Illinois department of transportation in the certificate of approval or operation issued to the user of the heliport by such agencies. 8. Special use shall only be applicable to the applicant therefore and only so long as the applicant is occupying the subject property, provided, however, that pursuant to a special use permit application identifying a specific user occupying property adjacent to the subject property, the special use also may be made applicable to such user for so long as such user occupies adjacent property. 9. The applicant shall maintain at all times appropriate and sufficient insurance coverage relative to the installation and use of the heliport insuring against any property damage or personal injury arising therefrom with policy limits of not less than twenty million dollars ($20,000,000.00). 10. All such special uses shall be reviewed by the village every five (5) years for conformance with the conditions set forth herein, character of safety and extent of operations and any further relevant factors. 11. Helicopters utilizing a heliport shall fly at the maximum safe level prior to entering the approach pattern to the heliport. 6'. 12. Use of the heliport shall be made available to the village or its designees for emergencies. 13. A log of usage shall be submitted to the village on an annual basis, or as otherwise required by the village. (Ord. G -60, 3 -22 -1966; Ord. G -82, 4 -9 -1968; Ord. G -178, 12 -9- 1975; Ord. G -305, 9 -8 -1981; Ord. G -471, 8 -13 -1991; Ord. G -553, 3 -14 -1995; Ord. G- 6951 3 -26 -2002) 1. Ricondo & Associates has conducted the only report for the heliport as of the time of this submittal. 2. The heliport as designed by Ricondo & Associates has been designed per I. D. O. T. standards as indicated in their report. 3. The hours of operation will conform to the requirements of the village. 4. The approach and departure patterns will conform to the proposed route per Ricondo & Associates. 5. The heliport is for loading and unloading of passengers only, no routine maintenance and storage shall occur. 6. No freight will be received or shipped and there will be no fuel stored on site. 7. See 13 -14 -9: Section E answer 2. 8 -13. The items are understood by the applicant and as such will be followed per Village Code. 13- 10E -3: LOT AREA REQUIREMENTS: A Floor Area Ratio: Not to exceed 0.8. B. Structure Height: Not to exceed one hundred eighteen feet (118') or eight (8) stories in height, whichever is less. C. Yards: 1. Front: Not less than sixty feet (60') in depth, except: a) when adjacent to a residence district boundary line not less than one hundred fifty feet (150') in depth; and b) when abutting 22nd Street or York Road not less than one hundred feet (100') in depth. 2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard abutting a residence district shall be not less than one hundred fifty feet (150') in depth; b) a side yard abutting a street shall be not less than forty feet (40') in depth; and c) a side yard abutting 22nd Street or York Road shall be not less than one hundred feet (100') in depth. 3. Rear: Not less than forty feet (40') in depth, except that portion of a rear yard abutting a residence district shall be not less than one hundred feet (100') in depth and except that a rear yard abutting an alley or service drive may be reduced by twenty feet (20') in depth. (Ord. G -60, 3 -22 -1966) A. The proposed FAR is essentially 0 for the site and as such does not exceed 0.8. B. The structure height is at most 6" and therefore does not exceed 118'. C. Yards: 1. The front yard abuts 22nd Street and is therefore 100' in depth. 2. The side yards are both 30' in depth. 3. The rear yard is 40' in depth. 4./ i • 4. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 12, 2004 CONTINUED FROM OCTOBER 26, 2004 MEETING Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of October 12, 2004 continued from October 26, 2004 meeting. VOICE VOTE: Motion carried. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 26, 2004 Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of October 26, 2004. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 -Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 -None. Absent: 1 -Trustee Caleel. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING NOVEMBER 5, 2004 - $516,781.96 Significant Items included in Above: 1) James D. Fiala Paving—Payout#6—2004 Paving Project- $73,363.39 2) Rocks-Ann Construction, Inc. — Payout #1 — 2004 Water Main and Drainage Project-$79,375.50 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 23, 2004 - $595, 600.60 C. COMMUNITY DEVELOPMENT REFERRALS 1) WITHDRAWAL OF GVA WILLIAMS — 814 COMMERCE — TEXT AMENDMENT—OFF STREET PARKING PETITION 2) 814 COMMERCE LLC -VARIATION D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS -None. VILLAGE OF OAK BROOK Minutes Page 3 of 13 November 9, 2004 5. E. AUTHORIZATION TO HIRE, PROMOTE OR REASSIGN DUTIES OF VILLAGE EMPLOYEES -None. F. BUDGET ADJUSTMENTS G. CHANGE ORDER#3 —2004 PAVING PROJECT - $4,788.00 —JAMES D. FIALA PAVING CO. INC.—REVISED TOTAL CONTRACT AMOUNT-$938,767.39 H. ORDINANCE 2004-ZO-V-S-1087 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12-31-1.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF-STREET PARKING SPACES ( 970 PAULY LLC — CF 2020 SWIFT LLC—2020 SWIFT DRIVE, OAK BROOK, IL 60523) (P.I.N. #06- 24-402-036) I. ORDINANCE 2004-ZO-SU-HE-EX1-S-1088 AN ORDINANCE GRANTING A SPECIAL USE FOR A HELIPORT AT 2001 YORK ROAD (CENTER POINT PROPERTIES TRUST ON BEHALF OF YORK ROAD PROPERTIES — 2001 YORK ROAD OAK BROOK IL 60523 —P.I.N. #S 06-24-403-008 06-24-403-009 06-24-403-010) J. ORDINANNCE 2004-ZO-TA-G-764 AN ORDINANCE AMENDING CHAPTER 14 (ADMINISTRATION AND ENFORCEMENT) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK ILLINOIS RELATIVE TO PUBLIC HEARING NOTIFICATION REQUIREMENTS 6. ITEMS REMOVED FROM CONSENT AGENDA-None. 7. BOARD&COMMISSION RECOMMENDATIONS -None. 8. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS -None. B. ORDINANCES &RESOLUTIONS 1) ORDINANCE 2004-LC-TA-G-765 AN ORDINANCE AMENDING SECTION 7C(I-2) (TAXICAB VEHICLE REQUIREMENTS/CONDITION OF TAXICABS) OF CHAPTER 2 (VEHICLES FOR HIRE) OF TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS VILLAGE OF OAK BROOK Minutes Page 4 of 13 November 9, 2004 7. B. Setback Requirements—(Bhargava/Agrawal—722 Forest Glen, Oak Brook, IL 60523 /P.I.N. 06-24-206-044). ROLL CALL VOTE: Ayes: 6 -Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 -None. Absent: 0 -None. Motion carried. C. CENTERPOINT PROPERTIES TRUST ON BEHALF OF YORK ROAD PROPERTIES—2001 YORK ROAD—SPECIAL USE-HELIPORT CenterPoint Properties Trust on behalf of York Road Properties, LLC, has submitted a petition seeking approval of a special use in order to construct and operate a heliport. The heliport would be constructed at 2001 York Road on an unused parking lot on Lot 3 which is located in the southeast corner of the property,just west of the intersection of Windsor Drive and Bliss Drive. Key elements of this request include: • heliport will be designed in accordance to IDOT Division of Aeronautics standards. • operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through Saturday,and on Sunday with 72 hours notice to the Village. • refueling,maintenance and helicopter storage shall not be permitted. • anticipated use would be three to six times per month. • CenterPoint Properties would be the primary user of the facility. Recommendation: The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a vote of 5-0, recommended approval of the requested special use for a heliport at 2001 York Road subject to the following conditions: • The heliport will be constructed in accordance with the plans as submitted. • Formal IDOT approval is received by the Village prior to construction and operation of the heliport. • It is to be operated as detailed on page G and G-1 of the case file. • The frequency of use shall not exceed 10 times per month, unless the Village of Oak Brook has been notified and has approved the additional use in advance. • Directed the applicant to contact the objectors, (Advocate Health and the Forest Glen Homeowners Association)to discuss and address concerns and issues. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission that the proposed heliport will be constructed in accordance to all VILLAGE OF OAK BROOK Minutes Page 7 of 21 October 26, 2004 I 7. C. Village of Oak Brook standards for heliports as well as the standards of IDOT Division of Aeronautics. In addition, the proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety and general welfare of any party. Staff Comments: As recommended by the Zoning Board of Appeals, the applicant has indicated in recent correspondence that they have met with the two objectors (i.e., Advocate Health Care and the Forest Glen Homeowners Association) on the requested heliport. With respect to issues raised by Advocate Health Care, several design and operational limitations have been agreed to and are outlined in the October 8 memorandum between Chuck Henschel — CenterPoint Properties and Jim Slinkman — Advocate Health Care. The applicant has asked that these modifications be incorporated into the special use request. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendation of the Plan Commission and Zoning Board of Appeals and approve the requested special use and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 9, 2004 Board of Trustees meeting. VOICE VOTE: Motion carried. D. VILLAGE OF OAK BROOK - TEXT AMENDMENT-- CHAPTER 14 - ADMINISTRATION AND ENFORCEMENT OF THE ZONING ORDINANCE -- PUBLIC HEARING SIGNAGE The Village of Oak Brook has submitted a request for a text amendment to Chapter 14 of the Zoning Ordinance to enhance the notification process associated with public hearings for zoning changes (i.e., map amendments), special uses and variations. Specifically, the proposal is to require the placement of a sign on the property to announce that the property is subject to a pending public hearing before the Village. A summary of the proposed amendment is as follows: Proposed Text Amendment: Chapter 14 — Administration and Enforcement. (New language is underlined, deleted language is shown with a strike-through). Section 13-14- :Notification: A. In the case of applicants for a zoning change (i.e., map amendment, special use or variation legal notice shall be published, not more than 30 days, nor less than 15 VILLAGE OF OAK BROOK Minutes Page 8 of 21 October 26, 2004 York Road Properties LLC HELIPORT SPECIAL USE- CENTERPO/NT PROPERTIES INDEX PAGE CONTENTS 22-22.a Memorandum from Director of Community Development Kallien to Village Board for October 26, 2004 Agenda 21 Letter from CenterPoint Seeking to include page 19-19.a. as Part of the Special Use Request 20-20.a Recommendation Letter from Zoning Board of Appeals Chairman to Village Board 19-19.a Design Modifications and Operational Limitations Agreed to by CenterPoint Properties to Advocate Health Care Dated October 8, 2004 18 Communication between Forest Glen Homeowner Association and CenterPoint Prop. Re: Homeowners Board Meeting on October 13, 2004 17-17.h Zoning Board of Appeals Meeting Minutes dated October 5, 2004 16 Forest Glen Homeowner Association Letter of Concern dated October 5, 2004 15-15.a Response from Petitioner to Advocate Health —2025 Windsor dated October 1, 2004 14-14.a Recommendation Letter from Plan Commission Chairwoman to Village Board and Zoning Board of Appeals dated September 28, 2004 13-13.a Commercial Resident Letter of Concern —from Advocate Health -2025 Windsor 12-12..d Plan Commission Meeting Minutes dated September 20, 2004 11 Expanded Aerial Showing Flight Pattern and Surrounding Properties (Included — Not Attached) 10 Framework for Proposed Recommendation dated September 20, 2004 9-9.a Staff Report from Director of Community Development Kallien dated May 11, 2004 8 Resident Letter dated September 16, 2004 7 Certificate of Publication dated September 17, 2004 6 Village Board Meeting Minutes dated September 14, 2004 (Not Included) 5 Referral -Village Board Agenda dated September 14, 2004 4 0-4 District, Zoning Ordinance, Title 13, Special Uses 13-10E-2 3-3.a Heliports—Section 13-10A-4C 2-2.c Performance Standards—Section 13-10-3 1-1.a Special Uses, Zoning Ordinance, Title 13, Chapter 14 Section 9 A Application/Petition B Surrounding Property Owners List (Official File Only) C-C.1 Subject Property Verification and Legal Description D Fee/Receipt E Letter of Explanation F Petitioner's Response to Special Use Standards G-G.1 Petitioner's Response to Section 13-10A-4C H Petitioner's Response to Section 13-10-3 1 Letter of Standing J Site Plan —Aerial View of the Approach/Departure Exhibit 1 K Site Plan — Heliport Configuration Exhibit 2 L Detailed Site Plan— Sheet No. A0.02 - Dated 8-11-04 (Included — Not Attached) M Plat of Survey— Dated 12-11-2000 (Included —Not Attached) vG0 OF Oqfo 8 � d co G O �OUNSV, AGENDA ITEM Regular Board of Trustees Meeting of October 26, 2004 SUBJECT: CenterPoint Properties Trust on behalf of York Road Properties, LLC—2001 York Road - Special Use—Heliport FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation of the Plan Commission and Zoning Board of Appeals and approve the requested special use and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 9, 2004 Board of Trustees meeting. Backzround/History: CenterPoint Properties Trust on behalf of York Road Properties, LLC, has submitted a petition seeking approval of a special use in order to construct and operate a heliport. The heliport would be constructed at. 2001 York Road on an unused parking lot on Lot 3 which is located in the southeast corner of the property,just west of the intersection of Windsor Drive and Bliss Drive. Key elements of this request include: • heliport will be designed in accordance to IDOT Division of Aeronautics standards. • operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through Saturday, and on Sunday with 72 hours notice to the Village. • refueling, maintenance and helicopter storage shall not be permitted. • anticipated use would be three to six times per month. • CenterPoint Properties would be the primary user of the facility. Recommendation: I The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a vote of 5-0, recommended approval of the requested special use for a heliport at 2001 York Road subject to the following conditions: 1 act--d by RKalli— \\ach\ncnrc\rmmn iAr.P(1T AXTPV\1_PPr)?,l R(1R\Rnt_Pr_7RA\Rt1T_RPr_,)tNTT Unlinnrt_('PntPmnint_QI T`Inr • • The heliport will be constructed in accordance with the plans as submitted. • Formal IDOT approval is received by the Village prior to construction and operation of the heliport. • It is to be operated as detailed on page G and G-1 of the case file. • The frequency of use shall not exceed 10 times per month, unless the Village of Oak Brook has been notified and has approved the additional use in advance. • Directed the applicant to contact the objectors, (Advocate Health and the Forest Glen Homeowners Association)to discuss and address concerns and issues. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission that the proposed heliport will be constructed in accordance to all Village of Oak Brook standards for heliports as well as the standards of IDOT Division of Aeronautics. In addition, the proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety and general welfare of any party. Staff Comments: As recommended by the Zoning Board of Appeals, the applicant has indicated in recent correspondence that they have met with the two objectors (i.e., Advocate Health Care and the Forest Glen Homeowners Association) on the requested heliport. With respect to issues raised by Advocate Health Care, several design and operational limitations have been agreed to and are outlined in the October 8 memorandum between Chuck Henschel — CenterPoint Properties and Jim Slinkman — Advocate Health Care. The applicant has asked that these modifications be incorporated into the special use request. T act--rl hu RTCallinn \\achlnenrc\(nmllPV\C PCIi AMPTC\I_PT?OT%A RC1R\Rnt-AC -7RA\ROT_RPP-')n 1IT4Plinnrt_rPntnrnnint_CTT d— VV 1808 Swift Drive Oak Brook,Illinois 60523.1501 630.586.8000 telephone CenterPoint Properties 630.586.8010 facsimile www.ConterPoint-Prop.com Mr. Robert L. Kallien Jr. Director of Community Development Village of Oak Brook 1200 Oak Brook Rd. Oak Brook IL 60523 October 18, 2004 RE: Pending Heliport Special Use Permit Dear Bob, I am writing as a follow-up to the last Village of Oak Brook Zoning Board meeting held on October 5th 2004. 1 felt it necessary to update you on recent meetings with corporate residents and homeowners in the area. Since the Zoning Board meeting, CenterPoint Properties has met with Jim Slinkman, Assistant General Counsel of Advocate Health Care (at 2025 Windsor Drive) and come to agreement on operating measures that we will abide by in order to alleviate Advocate's concern about our proposed Heliport. These items were detailed in a letter 1 transmitted to you on October 8, 2004. Further discussion with Advocate has led us to agree that we would like to make minor modifications to our letter agreement and enlist your assistance to have it made part of the file and the Village of Oak Brook special use permit. On October 13, 2004 1 met with the Forest Glen Home Owners Association, Board of Directors at their regularly scheduled meeting. I presented them with an aerial photo and site plan detailing our heliport and the planned approach/departure surface. I explained our plans and fielded questions regarding our intentions. Mr. Harry Peters and the other board members were cordial and indicated that they understood our plans and they intended to meet in private to decide on their strategy going forward. Additionally I had a brief conversation with Amy Pena of Lions International. She had a concern about landscaping in the area between 2001 York Road and their property. We agreed to provide a low hedge row on the south border of our property to buffer them. I anticipate having our final letter agreement between Advocate and CenterPoint Properties in the next several days, and I will forward it to you to include in the Village Board members packages for the meeting on the 26th of October. Very truly yours, Chuck Henschel Vice President-Airport Investment & Development PvE OF 041( o O y C O A 2 9CF C r OUNT'i Village of October 19, 2004 Oak Brook Village President Quinlan and Board of Trustees 1200 Oak Brook Road Oak Brook,IL 60523-2256 Village of Oak Brook Website 1200 Oak Brook Road www.oak-brook.org Oak Brook, IL 60523 Administration 630.990.3000 SUBJECT: CenterPoint Properties Trust on behalf of York Road Properties, FAX 630.990.0876 LLC—2001 York Road - Special Use—Heliport Community Development Dear President Quinlan and Board of Trustees: 630.990.3045 FAX 630.990.3985 At its October 5, 2004 meeting, the Zoning Board of Appeals held the required Engineering public hearing on a request from CenterPoint Properties Trust on behalf of York Department Road Properties, LLC, seeking approval of a special use in order to construct and 630.990.3010 operate a heliport. The heliport would be constructed at 2001 York Road on an FAX 630.990.3985 unused parking lot on Lot 3 which is located in the southeast corner of the property, Fire Department just west of the intersection of Windsor Drive and Bliss Drive. 630.990.3040 FAX 630.990.2392 Key elements of this request include: Police Department • heliport will be designed in accordance to IDOT Division of Aeronautics 630.990.2358 standards. FAX 630.990.7484 • operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through Saturday, and on Sunday with 72 hours notice to the Village. Public Works Department refueling, maintenance and helicopter storage shall not be permitted. 630.990.3044 . anticipated use would be three to six times per month. FAX 630.472.0223 . CenterPoint Properties would be the primary user of the facility. Oak Brook All interested parties were notified of the public hearing. A representative for Public Library Advocate Health Care, who owns the building to the east of the proposed heliport, 600 Oak Brook Road spoke in opposition to the proposed heliport use. They voiced the concern that the Oak Brook,IL 60523-2200 proposed flight path would conflict with the current use of their office building as 630.990.2222 well as future expansion opportunities. In addition, a letter was received from the FAX 630.990.4509 Forest Glen Homeowners Association who also objects to the placement of the Oak Brook Sports Core heliport in this area. Recommendation Bath&Tennis Club 700 Oak Brook Road The Zoning Board of Appeals, by a vote of 5-0, concurred with the Oak Brook,IL 60523-4600 recommendation and findings of the Plan Commission to approve the requested 630.990.3020 FAX 630.990.1002 special use for a heliport at 2001 York Road subject to the following conditions: Golf Club • The heliport will be constructed in accordance with the plans as submitted. 2606 York Road Oak Brook,IL 60523-4602 • Formal IDOT approval is received by the Village prior to construction and 630.990.3032 operation of the heliport. FAX 630.990.0245 p p October 19, 2004 President Quinlan and Village Board RE: CenterPoint Properties—Special Use—Heliport Page 2 • It is to be operated as detailed on page G and G-1 of the case file. • The frequency of use shall not exceed 10 times per month, unless the Village of Oak Brook has been notified and has approved the additional use in advance. • Directed the applicant to contact the objectors, (Advocate Health and the Forest Glen Homeowners Association) to discuss and address concerns and issues. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission that the proposed heliport will be constructed in accordance to all Village of Oak Brook standards for heliports as well as the standards of IDOT Division of Aeronautics. In addition, the proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety and general welfare of any party. Very truly yours, NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals I 1808 swift Drive Oak Brook,Illinois 60523-1501 630.588.8000 telephone CenterPoint Properties 630.586.8010 facsimile www.ConterPoint-Prop.com Mr. H. James Slinkman Assistant General Counsel Advocate Health Care 2025 Windsor Drive Oak Brook EL 60523 October 8, 2004 Subject: 2001 York Road Heliport- special use application. Dear Jim, I am writing in response to our recent discussion regarding our pending proposal with the Village of Oak Brook for a heliport special use permit. In order to address Advocate Health Care's concerns regarding our construction of a heliport on the vacant land at 2001 York Road, CenterPoint Properties will agree to the following design modifications and operational limitations: • We will move the FATO (Final Approach and Take Off Area) to the west as far as reasonably possible within the existing paved area. • The primary approach/departure surface will be to and from the west. CenterPoint will utilize this approach and departure surface in order to minimize approach and departure around or over 2025 Windsor Drive. Approaches and departures around or over 2025 Windsor Dr. would be limited to those approaches and departures which are reasonably necessary in order to comply with safety precautions for flying helicopters. • As per our pending special use permit request we will limit our uses to 10 uses per month. A use is defined as a 3 hour period when we would arrive pick up passengers, depart to do our property tour& return to deliver our passengers back to Oak Brook. (We do not intend to have the helicopter sit on the helipad for an extended period of time). • We will limit the helicopter aircraft to a passenger type with a maximum capacity of 6 passengers. • way restrict Advocate HealthCare s its successors and/or assigns, We will not in an and any record owner of the property commonly known as 2025 Windsor Dr. Oak Brook, IL.) ability to expand or replace their current facilities at 2025 Windsor in Oak Brook. If Advocate Healthcare (its successors and/or assigns, and any record owner of the property commonly known as 2025 Windsor Dr. Oak Brook, IL.) should decide to build a larger or taller structure which restricts or eliminates CenterPoint Properties ability to operate the proposed helipad, we will cease our operation, or modify it in a manner which shall be reviewed and approved by the Village of Oak Brook&the MOT Division of Aeronautics. We are continuing to work with the Village of Oak Brook to receive the approval of the full Village Board on October 26th, 2004. We will transmit this letter to Robert L. Kallien, Jr. - Director of Community Development for the Village of Oak Brook, and request that he make it part of the special use approval. It is our intention to construct and operate the heliport in the safest and most neighborly fashion. We look forward to a long and pleasant relationship with Advocate Healthcare Very truly yours, Chuck Henschel Vice President Airport Investment &Development Cc: Robert L. Kallien, Jr. - Director of Community Development Fred Reynolds - CenterPoint Properties MOT -Aeronautics Division From: Harry Peters [mailto:hnpeters @ssminc.org] Sent: Monday, October 11, 2004 1:45 PM To: Henschel, Chuck Cc: Mr. Dario DelFiacco; Mr. Frank Knight; Mr. Jim Lazzerini; Mr. Greg Luczak; Mr. Michael C. Majewski; Mr. Richard Olson; Harry N. Peters; Harry N. Peters; Harry N. Peters; Mr. Bob Kallien Subject: Forest Glen Homeowners Association Mtg Info Importance: High Fom, A)MIA Mr. Chuck Henschel Centerpoint Properties Dear Chuck, The Forest Glen Homeowners Board will be meeting at the Oak Brook Park District Recreation Center in Mtg. Room 1 (first one on the left) beginning at 7:OOPM on Wednesday, Oct. 13th. You have asked to be present and to present your issue and take any questions the board may have on it. So we will not keep you for the entire meeting we will have our visitors present beginning at 7PM and then you will be free to leave. The Board will deliberate/ discuss your issue in private later in the meeting and you will be contacted if there are further questions. Please be sure to leave appropriate materials and your contact information before you leave. I am sure we will have a full agenda and so we will be looking to move quickly through the items you present. Feel free to call me if there are further questions about this. Sincerely, Harry N. Peters President Forest Glen Homeowners Association 630-575-9900 Voice work 630-563-9189 Private Fax 630-530-4857 Home Olt approval of the variation for the construction of a room addition as verbally modified to encroach approximately 15 feet into the rear yard setback and approximately 25 feet in length and the deck structure will also be reduced to encroach approximately 15 feet into the rear yard setback. The structures are to be built in substantial conformance to the plan submitted on page 18 of the case file. The standards have been addressed on Pages F and F 1 of the case file. The petitioner has testified that the situation is due to unique circumstances which include: the lot is undersized being 14,000 square feet and the R-4 zoning district minimum standards are 18,000 square feet; it is a corner lot; from an aesthetic standpoint it will not impact other homes in the neighborhood; and the plans are to be revised to indicate the approved changes and are to be submitted to the Village Board. ROLL CALL VOTE: Ayes: 4—Membe{{s Sanford, Shah, Young and Chairman Davis Nays: 1 —Memb;Ascher Absent: 1 —Member Mueller. Motion Carried 5. NEW BUSINESS: NEW BUSINESS YORK ROAD PROPERTIES LLC — 2001 YORK ROAD — SPECIAL YORK ROAD PROP. LLC-2001 YORK USE TITLE 13 ZONING ORDINANCE — SECTION 13-10E-2 — 0-4 ROAD-SPECIAL DISTRICT—TO ALLOW A HELIPORT ON THE PROPERTY USE-HELIPORT Chairman Davis swore in Charles Henschel, Vice President of Airport Investment and Development and Fred Reynolds, Senior Vice President of Development, both with CenterPoint Properties who were representing the petitioner. Mr. Henschel reviewed the request. They reside at 1808 Swift Drive and have been in Oak Brook as a corporate resident for about 7 years. They are a real estate investment trust and specialize in large industrial developments. They are a publicly traded company and happy to be in Oak Brook. They are seeking a special use for a heliport at 2001 York Road which is owned by the John Buck Company. They chose the site based on the review and recommendation of the IDOT Department of Aeronautics who visited and looked at several locations. This site was recommended as the safest location and most logical location. The John Buck Company gave them an agreement that they could operate it. Chairman Davis asked for the details of the agreement. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 15 October 5, 2004 *7• Mr. Henschel responded that it is a 7 acre parcel that adjoins a 5 story building and an elevated parking structure that joins the lot they will be operating on. It has been developed in such a manner that the John Buck Co. could develop another building there, but it would require additional elevated parking in order to accommodate the building. Mr. Buck does not see a need for it at the present time and the market has not demanded it. He told them that they could use the real estate as long as it was available; and with 90 days notice they have agreed to vacate the property if he chose to develop it for an office building or another use. Chairman Davis asked what was involved in constructing a heliport. Mr. Henschel said that there is an existing asphalt pad on the location. It would require some additional striping and additional landscaping and a small additional piece of asphalt pad to raise the area 3 or 4 inches to provide for reasonable runoff and to keep the area clear of ice or snow in the winter time. Beyond that, it requires the IDOT Department of Aeronautics subsequent review and approval, after they have made their preliminary review. Chairman Davis asked the petitioner to address the standards. Mr. Henschel said that the standards are first set forth first by IDOT Transportation and Aeronautics. They were presented with preliminary engineering, reviewed it and it was indicated that it met the state criteria and would meet the FAA criteria. They indicated before IDOT could grant their approval, the Village had to approve it. Mr. Henschel said that the FAA and IDOT have fairly stringent safety standards. There cannot be any obstructions in the surrounding area. It is required to provide a 5 to 1 slope for access and egress for both for the primary and secondary access points, that would provide ample safe access and egress of a helicopter in windy conditions. Since the request is for daylight use only, it would not require any addition of lighting or any other avionic equipment, like beacons or the like. They provided a response to the type of operation, safety, noise limitations set forth in the Village Code to the Plan Commission and they identified and responded to those requests. Chairman Davis said that one of the Village's standards is that the special use is so designed, proposed and operated so that the public health, safety VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 15 October 5, 2004 177 • • and welfare would be protected. He questioned that this is a similar safety standard as required by IDOT and the FAA Mr. Henschel responded that it is; and IDOT and the FAA have it as their primary concern for the safety of the surrounding residences and office tenants. Chairman Davis asked that he address the second standard for a special use which is that the proposed use would not cause substantial injury to other property in the neighborhood. Mr. Henschel responded that they specifically chose this location because it was surrounded by office buildings and felt that it would add an asset to the community much more than it would be a detriment. Chairman Davis noted the location was surrounded by office buildings and two tollways and asked what was discussed by the Plan Commission . Mr. Henschel said that the consensus of Plan Commission was that the design would be in accordance with the Village and IDOT; that the hours of operation would be between the hours of 7 a.m. and 10 p.m. during the week and only on Sunday with advance notice; no refueling, maintenance or storage; it would only be there for picking up passengers leaving and bringing back the passengers and lift off. Mr. Henschel said that the helicopter is not owned; it is leased for approximately 20 hours per month. It is not used for convenience; it is used as a mainstay to their business which is large industrial developments. It is likely that the use would be six times per month and in no way would it exceed ten times per month. If they every felt it they would require more than that the Village would need to be contacted for that. Jim Slinkman, Associate General Counsel for Advocate Health Care was sworn in by Chairman Davis. He said that Advocate is in a one-story building located at 2025 Windsor Drive. They have some concerns regarding the heliport. The flight path is immediately over their building and they have invested a substantial amount of money in the property over the last two years to build a parking garage. They have a grave concern that a flight path that goes over the top of their building would severely damage their property in terms of the future value of their property. It is an old one-story warehouse. If they would decide in the future to build another building, they would be severely impacted by the flight path going VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 15 October 5, 2004 f right over it, so there would be damage to their property. The parking lot is about 60 yards from their building,which they think is too close for their employees as well as people visiting their building. Advocate is familiar with aircraft and operates helicopters for patient safety to various hospitals, not for corporate convenience, and they are a dangerous business in terms of crashing. They believe that the way Windsor Drive curves around to the north of their property people do not follow the posted traffic limits, and their fear is that with helicopters it can only increase traffic safety as well as helicopters crashing. Chairman Davis asked the applicant to address the concerns. Mr. Reynolds said that they did receive some notification back from Advocate Health and some others in the file and they did try to responsibly address those concerns and clean up any misconceptions. They did respond to the President and CEO of Advocate and personally hand delivered a letter to the office of the President and CEO of Advocate. Mr. Slinkman said that he did not see the letter because the President is out of the country. Mr. Reynolds summarized what was in the letter. He said that they do rely on the safety as required by the IDOT Dept. of Aeronautics as well as the FAA. The helicopter uses pretty much a vertical ascent and descent. The flight paths shown are in the event a helicopter has to land in high winds that they do come in a horizontal approach. The normal practice will be vertical and the primary approach is over York Road and the approach over Advocate would be the secondary approach. He cannot see where there would be property damage in a typical operation. This is not an illusion of "executive convenience" as it was referred to. Quite to the contrary, they have over 46,000,000 outstanding shares of common traded stock at CenterPoint and they do tour from time all the analysts and stockholders that want to see their properties. They also have clientele that want to see properties. These are scheduled tours as needed on the request of their customers as well as the ownership to tour properties. They have 39,000,000 square feet of industrial property in the greater Chicagoland area which is very difficult to get to by car. These are very large acreage properties ranging from 100 to 2200 acres and they have 3200 acres of vacant land that is entitled for development that they tour from time to time. They also take out public officials to see how certain developments fit into their community. It is a multi-purpose use which is quite contrary to executive convenience. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 15 October 5, 2004 Mr. Henschel commented that a private heliport and special use permit does not take away any property rights. If Advocate decides to build a 6- story building, then they have to find alternate means to come and go. It is not a fixed wing public airport. Chairman Davis asked if it is normal that the helicopter travels vertically and that the flight paths shown on the plans signify when the helicopter is not flying vertically. Mr. Henschel agreed and said that in general unless winds prevent otherwise the helicopter will not be approaching or departing over Advocates property. They will ascent to 1,000 feet. A helicopter does not hover for any length of time. Mr. Young said that if Advocate raises the height of the building, the FAA would appropriately adjust whatever flight restrictions they have over that building. Mr. Slinkman said that they have had terrible experiences with the FAA in terms of building heights as it relates to the area surrounding O'Hare airport. They understand that there may be a difference between a heliport and a fixed wing airport. Chairman Davis noted that Advocate has an absolute right to construct a building up to 5 stories without the need of a public hearing. Director of Community Development Kallien said that Advocate would only need to apply for a building permit to construct a 5-story building. He asked how the FAA would be notified. Mr. Henschel said that the operator is required and bound by the operator agreement to get in touch with IDOT and have its Flight Safety Inspector come out to inspect the site. This is the inspector who comes out and inspects the site on a bi-annual basis. Member Young questioned whether the petitioner has checked any vibration issues that may impact the buildings. Mr. Heschel responded that they reviewed the vibration criteria set forth in the Village Code and they were told by the helicopter operator that it fell well within the Code and will not be any problem to comply with. Member Young questioned what type of helicopter would be used. Mr. Henschel said that it was a Euro-copter AS 355 multi-engine capable of carrying 5 passengers. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 15 October 5, 2004 Member Young questioned the Village's ability to respond to an aircraft accident appropriately. Director of Community Development Kallien said that ultimately that is a question only the public safety personnel could answer. However, they handle any call that comes. Currently, the Village is within the flight paths of O'Hare airport. There is a fully functioning heliport at McDonald's right now and helicopters do land there. There have been a number of these special uses approved over the years. Currently, there is one at OAG that is not operative right now. Given the prior approvals he would say that the Village is comfortable with that type of feature in the community. There are conditions in terms of fueling on site, and then the Fire Dept would be involved. There are helicopters that come into the Village now to bring in air conditioning units for the office buildings and the shopping center. Member Young questioned if public safety assistance would be provided when they land. Director of Community Development Kallien said that they do not currently provide that with the McDonald's special use. There are special provisions in place for McDonald's. They do adhere to the requirements that the Village has set forth for heliports. When the Plan Commission reviewed this matter they had not heard from Advocate or the Homeowner Association. They did forward their best information to the Zoning Board and then this Board also gets the benefit of the public hearing notice. Chairman Davis asked them what their plans were from a timing standpoint. Mr. Henschel said that it will take about 60-90 days to fulfill the requirements by IDOT and at the same time they intend to apply to the Village for an asphalt permit. Hopefully, they would be able to get the asphalt in this fall. Chairman Davis said that Mr. Slinkman has not had a chance to review his letter with his client. The Zoning Board just received a letter from the Forest Glen Homeowners Association and he believes their concerns should be addressed. One of the concerns is that the helicopter would be hovering overhead in the morning or evening. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 15 October 5, 2004 I �� Mr. Henschel responded that they also have just seen the letter and do not have any intention of hovering at all. Mr. Reynolds responded that in response to the additional traffic theory, he said that any additional traffic is negligible. The total operation of a tour is that it is booked from days to 4 hours in advance. Typically it would be after 9 a.m. and would be a 2 to 3 hour tour. They would meet at the heliport by car, so no real stress of additional traffic. They are up and on their way, there is no hovering like a traffic helicopter would do over the highway like they do for news radio. The whole operation from car to helicopter to takeoff is approximately under five minutes. The same thing happens in reverse when they land. They are not on York or 22°d Street. The noise relating from hovering is not then intent or a likely practice. Chairman Davis said that there is a buffer of trees between the site and the Forest Glen Homeowner Association. Mr. Reynolds said that it is approximately one-half mile from the site. Chairman Davis asked what the noise standards were. Director of Community Development Kallien said that they are required to follow the Village's Performance standards and they have responded to those on page H of the case file. The basic standard is 72 decibels, which is similar to a lot of other noise ordinances. Member Young said that 72 decibels would be comparable to a loud car stereo, maybe a little louder. Most standard machinery in an industrial plant operates around 50-60 decibels. Mr. Henschel said that their operator indicated that they could meet the local zoning requirements with respect to noise. He also said that the substantial amount of noise is within the direct proximity below the landing and takeoff area. It does not migrate to a large amount; it migrates vertically, but not horizontally. It's there and it is gone. Mr. Reynolds added that the Performance Standards as required by Ordinance would be met. He added that another comment in the letter is that there are other heliports in the area. They have not had any luck accessing McDonald's heliport. O'Hare airport, Joliet as well as a construction site in McCook, which has been deemed to be a legal spot to land is typically where they have gone. These sites tend to be intermittent and the need is such that they need to have something to rely on at least for the short haul. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 15 October 5, 2004 /�r • • Chairman Davis said that he hoped that Mr. Slinkman's concerns have been addressed. In view of the fact that the Zoning Board of Appeals makes a recommendation and the Village Board has to pass and approve this request, they will have a further chance to review their letter with the CEO and if there are still concerns, Advocate would be able to present them to the Board of Trustees, which is a safety factor and the Village Board would consider their concerns very seriously. Mr. Reynolds said that as a good neighbor they would be happy to sit down with them and discuss any issues with them. Member Young said that he does not think that noise is going to be the issue from a public safety standpoint. The greater risk is going to come from traffic, people watching the aircraft coming in and out, so there will be the probability of accidents happening in and along the streets. Vibration is still going to happen. The noise is a temporary issue. Chairman Davis said that it appears that the standards have been met in writing and in testimony by the petitioner for the grant of a special use. The matter has been before the Plan Commission and they have recommended approval unanimously, subject to conditions set forth in the recommendation letter from Chairwoman Payovich on pages 14 and 14.a of the case file. Motion by Chairman Davis, seconded by Member Shah that the petitioner has addressed the special use standards on page F of the case file and the Performance standards have been met as required on page H of the case file to recommend approval of the special use request for the heliport as proposed to be located at 2001 York Road. 1. It is to be operated as detailed on page G and G-1 of the case file. 2. The proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety or general welfare of any ply. 3. The use is to be limit to no more than 10 times per month, 7 a.m. to 10:00 p.m. Monday through Saturday. It may not be used on Sunday unless the Village of Oak Brook is notified and has approved the use in advance. 4. Operation of the proposed heliport will be constructed and operated in accordance to the Village of Oak Brook and IDOT standards. 5. Operation of the proposed heliport is predicated on receiving IDOT approval. ROLL CALL VOTE: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 15 October 5, 2004 Ayes: 4—Members Ascher, Sanford, Shah, Young and Chairman Davis Nays: 0— Absent: 2—Member Mueller. Motion Carried. Chairman Davis suggested that the petitioner get in touch with Mr. Slinkman from Advocate Health. Director of Community Development suggested that the Petitioner also get in touch with the Forest Glen Homeowner Association prior to the Village Board Meeting. 5. B. BUTLER NATIONAL GOLF CLUB — 2616 YORK ROAD — VARIATION — TITLE 9 — STORMWATER FLOODPLAIN and SEDIMENTATION AND EROSION CONTROL REGULATIONS — SECTION 9-6-3.V — TO ALLOW THE RELOCATION OF BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK Chairman Davis swore in the petitioner's Patrick Kelsey, Environmental Resources Manager and Darren Olson, Water Resources Engineer, both with Christopher B. Burke, Engineering. Mr. Kelsey said that they need a variance from the Oak Brook Ordinance, which mirrors the DuPage Countywide Stormwater Ordinance for a variance in the floodplain in that recreational use of a golf course in the floodway is specifically excluded as a use within the floodway. Butler Golf Course is unique in that 55 acres, which is approximately 32% of the golf course, is in the floodway not the floodplain. The floodway is that portion of the area that floods during a 100-year flood that has flowing water in it. It is unique not only in the Village, but throughout the county there are a number of places that have golf courses in the floodplain; but the floodway is very constricted. In the case of Butler it occupies a third of the course. The request for this variance, which is supported by the DuPage County Stormwater Committee, is to allow the bunkers and tees to be realigned to take them out of the floodplain storage and to raise the tees up out of the floodway. The reason to do this is to improve the play of the course and to protect the tees during a 100-year flood event. No one expects that the tees or greens would be playable during an event or immediately after, but the course wants the ability to return to its use as soon as possible after a flood event. This will allow them to return the course to use more quickly. Chairman Davis commented that it 1987 it look a while to clear the water off the course. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 15 October 5, 2004 174% • •BOARD OF DI ECTORS 20"200K Harry N.Peters-President Jim Lazzarini-Vice President Greg Luczak Secretary GH Dario DelFiacco-Treasurer Frank Knight / Mike Majewski Forest Glen Richard Olson Homeowners FGHA Mananement Comaanv Association Cortland Properties Inc. 7608 W.North Ave. Elmwood Park,IL 60707 Tuesday, October 05, 2004 708-452-4242,708-452-5088 Fax PO. ; , Mr. Champ Davis Chairman,Zoning Board of Appeals Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Illinois 60522-3452 RE:ZBA New Business Item-Heliport request from York Road Properties 2001 York Road Dear Chairman Davis, Voice Mail Hotline: The Forest Glen Homeowners Association Board of Directors has reviewed the subject request before the Zoning Board and want the Zoning Board to know that we obiect to the request and do not want to have another heliport in Oak Brook and so close to our homes. We currently live in an area surrounded by roads that have had huge increases in traffic and will continue to see increases in traffic. To add the rather loud and objectionable noise from helicopters coming and going to the traffic noise and the traffic helicopters that hover overhead in the early morning and late afternoon hours would be inappropriate and would not be protecting our homes and investments and what peace and quiet we still have. There are other heliports in the Oak Brook Area and O'Hare Airport is just 20 minutes north of the location suggested by York Road Properties,LLC. Let them use one of those locations for their travel needs. We the residents of Forest Glen,join with our neighbors in Woodside Estates, to ask this board to deny the request One flight per month would be too many. We trust you will act in our best interests in this matter. Sincerel , / .4 HARRY N. PETERS President, Forest Glen Homeowners Board 808 Wildwood Ct, Oak Brook IL 60523 630-530-4857 Home,630-575-9900 Office,630-563-9189 Fax Dedicated to the Improvement of Forest Glen Property Values �G. 1808 Swift Drive AiOak Brook,Illinois 80523.1501 830.588.8000 telephone CenterPoint Properties 830.588.8010 facsimile www.ConterPoint-Prop.com Mr. James H. Skogsbergh President & CEO Advocate Health Care 2025 Windsor Drive Oak Brook IL 60523 October 1, 2004 Subject: 2001 York Road Heliport- special use application. Dear Mr. Skogsbergh, I am writing in response to your September 28, 2004 letter to Robert L. Kallien, Jr. -Director of Community Development for the Village of Oak Brook. I would like to provide background information regarding our pending proposal with the Village of Oak Brook for a heliport special use permit. CenterPoint Properties has undertaken extensive study& engineering prior to selecting the site at 2001 York Road. This has included several visits from the Illinois Department of Transportation(IDOT)—Aeronautics Division. In fact it was their helicopter which landed on the site(legally)with the full knowledge of the Oak Brook Village Manager as well as the Fire Chief&their staff. The IDOT Aeronautics Division, Flight Safety Coordinator, reviewed sites on Swift Drive as well as the site on York Road, and chose the York Road location as being the safest and most appropriate for our use. In their review they took into account adjacent roads, traffic flows, and building locations or proximity. If your concern about the safety, visibility and the speed of traffic on Windsor Drive and Bliss Road is an issue then it should be addressed by the Village of Oak Brook and the Oak Brook Police independently of our application. We will not be accessing or leaving the site in a manner whereby we will ever be within 30 feet of any automobile traffic. With respect to the noise of our helicopter, we will comply with the Village noise limits as described in the special use section of the Oak Brook Village code. We anticipate the noise will be concentrated within the 2001 York Road property and only occur for a short period of time, (during takeoff and landing)very infrequently. The primary approach& departure surface will be the area depicted on the diagram extending to the west of the 2001 York property, and the aircraft will be at a high altitude when it crosses York Road. The future development of property by any of the surrounding land owners will not be affected, impacted or harmed in any way by our special use permit. Our special use permit as well as our heliport license will be restricted by any future construction on the 2001 York Road property as well as any future construction that is undertaken by the surrounding neighbors. Unlike a public airport, our special use permit request&future heliport IDOT&FAA license(which is reviewed and periodically renewed by IDOT)will not in any way diminish the adjoining land owner's rights. It is our intention to construct and operate the heliport in the safest and most neighborly fashion. CenterPoint Properties is not constructing the heliport for"executive convenience" as you indicated in your letter, but in order to facilitate property tours of our larger real estate developments in the Illinois, Wisconsin and Indiana region. These property tours for our clients and investors are an integral part of our business, and are necessary to the future livelihood of our company. It is our hope that by providing you with the above referenced information, that you will reconsider your objections to our request for a special use permit for our proposed heliport. I would be happy to meet with you to discuss the issues at hand. Very truly yours, 1 Chuck Henschel Vice President Airport Investment&Development Cc: Robert L. Kallien, Jr. -Director of Community Development Fred Reynolds - CenterPoint Properties IDOT - Aeronautics Division /s GE OF 04r P ego o eIK C y G I A 2 9cFCO Nil September 28, 2004 Village of Oak Brook Village President Quinlan and Board of Trustees Zoning Board of Appeals 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 Website 1200 Oak Brook Road www.oak-brook.org Oak Brook, IL 60523 Administration 630.990.3000 SUBJECT: CenterPoint Properties Trust on behalf of York Road Properties, FAX 630.990.0876 LLC—Special Use—Heliport Community Dear President Quinlan Board of�Trustees and Zoning Board of Appeals: Development g pp 630.990.3045 FAX 630.990.3985 Background At its meetings on September 20, 2004, the Plan Commission completed its review Engineering of a request from CenterPoint Properties Trust on behalf of York Road Properties, Department q p p , 630.990.3010 LLC, seeking approval of a special use in order to construct a heliport. The FAX 630.990.3985 heliport would be constructed on an unused parking lot on Lot 3 which is located in Fire Department the southeast corner of the property. 630.990.3040 FAX 630.990.2392 Key elements of this request include: Police Department • heliport is designed in accordance to IDOT Division of Aeronautics 630.990.2358 FAX 630.990.7484 standards. • operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday Department works through Saturday, and on Sunday with 72 hours notice to the Village. Department • 630.990.3044 refueling, maintenance and helicopter storage shall not be permitted. FAX 630.472.0223 • current and anticipated use would be 3 to 6 times per month. • CenterPoint Properties would be the primary user of the facility. Oak Brook Public Library Public Comment 600 Oak Brook Road All interested parties were notified of the Plan Commission meeting. No comments Oak Brook,IL 60523-2200 ere received either in support or in opposition to the request. 630.990.2222 FAX 630.990.4509 Recommendation Oak Brook Sports Core The Plan Commission, by a vote of 7 to 0, recommended approval of the requested special use for a heliport subject to the following conditions: Bath&Tennis Club . Formal IDOT a pp roval should be required prior to a pp roval by the Village Oak Brook Road Oak Brook,IL 60523-4600 Board of Trustees. 630.990.3020 FAX 630.990.1002 • The frequency of use for the proposed heliport be increased to no more than 10 times per month, unless the Village of Oak Brook has been notified and Golf Club has approved the additional use in advance. 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 September 28, 2004 President Quinlan, Village Board and Zoning Board of Appeals RE: CenterPoint Properties Trust on behalf of York Road Properties LLC—Special Use - Heliport Page 2 In making this recommendation, the Plan Commission found that: 1. The property at 2001 York Road is zoned 04 Office District and is currently improved with a five-story office building, a multi-story parking structure and two vacant lots to accommodate future development. 2. Heliports are listed as a special use in the 04 District. 3. The Plan Commission has previously reviewed and recommended approval of several special use requests for Heliports that were constructed in Office Districts. 4. The proposed Heliport at 2001 York Road will be constructed and operated in accordance to all Village of Oak Brook and MOT standards. 5. Operation of the proposed Heliport is predicated on receiving MOT approval. 6. No negative comments were received from any property owner relative to this request. 7. The proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety or general welfare of any party. Very truly yours, NOTE: Chairwoman Payovich has reviewed and verbally approved the content of this letter pending her signature. The signed original will be placed in the official file upon receipt. Barbara(Lexi) Payovich Chairwoman 2025 Windsor Drive • • Oak Brook,Illinois 60523 Cage Telephone 630.572.9393 +AdvocateHealth VIA OVERNIGHT DELIVERY September 28, 2004 Robert L. Kallien, Jr. Director, Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 RE: 2001 YORK ROAD—SPECIAL USE APPLICATION FILED BY CENTERPOINT PROPERTIES TRUST TO CONSTRUCT A HELIPORT Dear Mr. Kallien, Advocate Health Care Network recently received your letter dated September 16, 2004 regarding the above referenced matter. Our corporate office is located at 2025 Windsor Drive,which is immediately to the east(across Windsor Drive) of the proposed heliport. Our property is depicted on the exhibit to your letter in the Approach/Departure Surface (a copy of which is attached to this letter). Advocate also leases the property immediately to the west of York Road at 2100 York,which is also depicted in the Approach/Departure Surface. We are writing to express our great concern for this proposed use. If the Village were to grant this proposed use, our employees,property and company could potentially be caused great harm. Our concerns with this use are based on safety to our employees,noise which would disturb our operations and potential future damage to the value of our property. Advocate does use helicopters at its major trauma centers so we are familiar with the problems helicopters create. However,this proposed use is for executive convenience and not for life safety issues. As you are aware, Centerpoint Properties Trust has its offices on Swift Drive, approximately %2 mile from the proposed heliport, and ironically they are proposing to construct a heliport approximately 60 yards from our building and significantly closer to our existing surface parking lot. It is our understanding that the proposed use would be restricted in its use to no more than perhaps 6 times per month,no night landings,no refueling and no overnight storage on the property. These restrictions do not alleviate our concerns. In fact, on several occasions this summer,there has been a helicopter in the proposed special use area. If this was an illegal landing, how can we be confident that other restrictions will be followed. Helicopters pose a significant safety concern for our employees and building. In addition to the obvious concern about our building in the flight path and a potential crash into our building or parking lot, we also have concerns about increased automobile accidents on Windsor Drive. Automobiles heading southbound on Windsor Drive rarely follow the posted speed limit and already create a dangerous condition to the automobiles that pull out of our parking lot or Bliss Drive. It is very difficult to see automobiles heading around the curve on Windsor Drive, www.advocatehealth.com Related to the Evangelical Lutheran Church in America and the United Church of Christ 13. Robert L.Kallien,Jr. • • September 28,2004 Page 2 already create a dangerous condition to the automobiles that pull out of our parking lot or Bliss Drive. It is very difficult to see automobiles heading around the curve on Windsor Drive, especially if they are exceeding the speed limit. Adding a helicopter flying approximately 30 feet above any automobiles will only serve to increase the danger of automobiles coming from Bliss Drive or our parking lot. Helicopters also create a significant amount of noise in a densely populated office park. As previously stated, the flight path for a helicopter would go directly over our building, and more specifically the north part of our building. The north part of our building contains a call center for our patients and their families, and we have concerns that this use and the resulting noise factor will potentially harm that call center. If this special use were permitted by the Village, the result could cause economic harm to our property. The Federal Aviation Administration and the Illinois Department of Transportation have to approve this landing area and flight path. Any future development of property located within a flight path may have to obtain the approval of the Federal Aviation Administration. Advocate has recently spent a considerable amount of money to construct a parking garage on our property along Bliss Drive. Any future development of our property including creating a second story on our building or constructing a new building could be negatively impacted if the Village were to grant this special use. In essence, there is an argument that a taking is occurring without constitutional just compensation. In contrast, Centerpoint Properties does not even own the parking lot on which they propose to build this heliport. We would request that the Village trustees and zoning board of appeals deny this special use. Thank you, in advance, for considering the concerns outlined in this letter. Should you have any questions,please contact me at (630) 990-5008. Very truly yours, ADVOCATE HEALTH CARE NETWORK '�a -<�—' 4 James H. Skogsbergh President and CEO cc: Federal Aviation Administration Illinois Department of Transportation Lawrence J. Majka Gail D. Hasbrouck Deborah J. Rohde 4. Protective measures to be used to protect cars and pedestrians from falling into the detention pond. 5. Elevation of the building pads. 6. Meet with neighbor, George Mueller to review revised plan and address his concerns. 7. Comparison and analysis of old (4-lot) plan versus the new (3-lot) plan. VOICE VOTE: Motion carried. Ayes: 7—Members Adrian, Braune, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0—None. Absent: 0—None. Motion Carried B. VILLAGE OF OAK BROOK— REVIEW PROJECT — PLANNED UNIT DEVELOPMENTS (PUD) Motion by Member Adrian, seconded by Member Braune to continue the hearing on the Village of Oak Brook — Review Project — Planned Unit Developments (PUD) to the regular Plan Commission meeting scheduled for October 18, 2004. VOICE VOTE: Motion carried. 5. NEW BUSINESS NEW BUSINESS 0 0 YORK ROAD PROPERTIES LLC — 2001 YORK ROAD — SPECIAL YORK ROAD PROP. LLC-2001 YORK USE — TITLE 13 ZONING ORDINANCE — SECTION 13-IOE-2 — 0-4 ROAD-SPECIAL DISTRICT—TO ALLOW A HELIPORT ON THE PROPERTY USE-HELIPORT Director of Community Development Kallien said that the owner of 2001 York Road has submitted an application for a Special Use for a heliport on behalf of Centerpoint Properties. Centerpoint Properties is located on Swift and have searched for a place to land helicopters. They have developed this proposal with York Road Properties to locate the heliport at this location. Chuck Henschel, Centerpoint Properties, Vice President of Airport Investment and Development, reviewed the request. They are seeking a heliport for infrequent use. Centerpoint Properties has been a commercial resident for about six years from downtown Chicago. They are a billion and half dollar real estate investment trust public traded company. They are very happy in Oak Brook, some live in the community and in the surrounding communities. The prettiest property they own is their corporate offices in Oak Brook. They have about six acres of land. They have a need for a heliport facility. Currently they use a quarry in Elmhurst. Their heliport requirement is driven by their far reaching portfolio. Most of VILLAGE OF OAK BROOK Plan Commission Minutes Page 2 of 7 September 20, 2004 their heliport use would be for their Wall Street Investors and for some of their clients for the purpose of when you are involved in a 400-500 acre development a lot more can be seen from the air than from the ground. The helicopter use is limited to a maximum of 20 hours per month, which equates to about 4-5 uses per month. They actually lease time on a helicopter that is kept either at the DuPage airport or one of the other surrounding airports. Currently they take their clients and investors onto the helicopter. They go off for a one or two hour tour of the Chicagoland area or Milwaukee and come back. Essentially it is a drop off and pick up point. They had noticed that there was an empty parcel at 2001 York Road that has been empty for years. His understanding that the parcel was designed for development, but requires a significant amount of structured parking. They thought that it was unlikely that it would be developed in the near term. They looked near and far for locations. They contacted OAG and McDonald's. McDonald's said that they love their own heliport but they like it for their own use and have no inclination to let anyone else use it. They also contacted OAG and they said they no longer use it and had no inclination to have anyone else use it. The John Buck Co. had indicated that they would be more than willing to let them use it and to have the use of it occasionally (even though they do not have the use of a helicopter). They have had a preliminary meeting with Gary Stevens from the Illinois Dept of Aeronautics and viewed all the sites. They have had their aviation consultant do a preliminary design and they both indicated that it is feasible. Member Bulin questioned the two 5 to 1 approach/departure paths. Although they are the same slope they are shown as different lengths. Mr. Henschel responded that according to the State Department of Aeronautics one has to be considered a primary approach and one would be considered a secondary approach. They indicated that a primary approach would be to and from the west and the secondary approach would be more appropriate to and from the east. There was a slight concern regarding the water tower and a flag pole,but they thought those were insignificant impediments. Member Wolin asked the following: How many heliports are in Oak Brook; What experiences have we had with them; Are there any located closer than 1300 feet to residential property; and can the usage be restricted? Director of Community Development Kallien responded that there are 2 in Oak Brook. One at McDonalds and one behind CL-TV. Over time helicopters have landed in Oak Brook, including those for emergency services. In the time he has been here, it is barely noticed that a VILLAGE OF OAK BROOK Plan Commission Minutes Page 3 of 7 September 20, 2004 44. helicopter comes and goes. The helicopters are less noisy than they previously were. The ability to accommodate helicopters is something that fits within the corporate image of Oak Brook. This request is logical. The only impediment seen is that they are locating on property that is developable. The John Buck Company has a plan in place for one or two office buildings in that location. If that should come, it may be possible to seek an amendment to the special use to perhaps relocate the heliport to the top of a building or parking deck. Member Bulin asked if a lease arrangement was in place. Mr. Henschel said they do have a lease. There is an understanding that with 90 days notice, if they should choose to develop the land they would have to make alternate arrangements. Member Adrian asked if they looked into Oak Brook Hills and whether or not they would have fueling capabilities on the site? Mr. Henschel responded that fueling is disallowed in the current zoning and they have no expectation of and no intention of it. Chairwoman Payovich clarified that basically the site would be used to land and take off. Mr. Henschel responded that was correct. Director of Community Development Kallien said that the Zoning Ordinance text would need to be changed to allow fueling and the Fire Department would want to be involved in the design or on site. The Ordinance is very clear about not allowing fueling on the site. Member Wolin asked about restricting the amount of usage per month. He also said that it makes sense to have a heliport there. Chairwoman Payovich said that they are requesting usage of 3 to 6 times per month. Member Wolin said that he would suggest a limit of 10 times per month. Mr. Henschel said that they would be willing to accept usage at 10 times per month. At this point their usage has not operated more than 6 to 7 times per month. It is uncommon that they reach their limit of 20 hours per month. The average operation is about 3 hours, by the time they come in land, pick up passengers, make the tour and then finally land again at the end of the trip. It is portal to portal so the helicopter goes back to DuPage airport. Member Braune said that he is in support and agrees that there should be a limit. Mr. Henschel commented that they do not want to develop an air VILLAGE OF OAK BROOK Plan Commission Minutes Page 4 of 7 September 20, 2004 taxi. They are in the real estate business and they would be willing to work with the Village if there are emergency needs or extraordinary requests. Their expectation is to use it 5 or 6 times a month and 10 times is well within the parameters. Member Goel said that there may be circumstances when someone may want to use the heliport and asked if they would be wiling to accommodate them within certain limits. Mr. Henschel responded that they would with the understanding that they are beholding to the John Buck Company and the same commitment has been made to them that they would not use it for other people's use unless they are given prior notice. Chairwoman Payovich said that in the material the use was stipulated for their use only with the exception of the John Buck Company. Director of Community Development Kallien said that the utilization would have to be within the constraints and limitations and the spirit of whatever is stipulated in the special use ordinance. Circumstances arise with an unforeseen situation and as long as the ordinance is written in a way that can accommodate that, then it would be allowed. Director of Community Development Kallien reviewed the standards for a special use on page F of the case file. It is something that fits in with what Oak Brook is. The Ordinance talks about the Performance Standards that the applicant has addressed on page H. It appears that the applicant's response provided they will not be violation of those requirements. I No one in the audience spoke in support of or in opposition to the request. Member Wolin asked if the homeowners had been notified. Gail Polanek responded that the surrounding homeowners were notified, the Homeowner's Associations were notified, all with a copy of the flight pattern. Director of Community Development Kallien said that someone could still appear at the Zoning Board of Appeals meeting. Member Adrian asked what type of helicopter would be used. Mr. Henschel responded that it was a twin turbo engine. Motion by Member Wolin, seconded by Member Braune that the petitioner has met the special use standards as detailed on page F of the case file and has met the Performance standards as required on page H of the case file to recommend approval of the special use request for the heliport as proposed VILLAGE OF OAK BROOK Plan Commission Minutes Page 5 of 7 September 20, 2004 0 to be located at 2001 York Road. Heliports are listed as a special use in the 04 District. The Plan Commission has previously reviewed and recommended approval of at least 2 special use requests for heliports that were constructed in Office Districts. 1. It is to be operated as detailed on page G and G-1 of the case file. 2. The proposed special use is deemed reasonable and does not appear to jeopardize the public health, safety or general welfare of any party. 3. The use is to be limit to no more than 10 times per month, unless Village of Oak Brook is notified and has approved the use in advance. 4. Operation of the proposed heliport will be constructed and operated in accordance to the Village of Oak Brook and IDOT standards. 5. Operation of the proposed heliport is predicated on receiving IDOT approval. ROLL CALL VOTE: Ayes: 7—Members Adrian, Braune,Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0—None. Absent: 0—None. Motion Carried 5. B. VILLAGE OF OAK BROOK — TEXT AMENDMENT — TITLE 13 OF VOB-TEXT AMENDMENT- THE VILLAGE CODE — ZONING ORDINANCE — CHAPTER 14 — CH I4-AMEND ADMINISTRATION AND ENFORCEMENT — AN AMENDMENT TO NOTIFICATION THE NOTIFICATION REQUIREMENTS REQUIREMENTS Director of Community Development Kallien said that at the present time the Village of Oak Brook clearly meets he state statues relative to notification. For public hearings a notice is placed in the newspaper, there is a direct mailing summarizes the request and the date, time and location of the public hearing to all property owners within 250 feet. As a courtesy a letter is provided to all the active homeowner associations that are recognized by the Village so that they can inform those in their subdivisions. Over the course of history of Oak Brook it has worked well. We occasionally have people that come in and say they know nothing about the action being requested. They didn't read the paper; they did not fall within the 250-foot requirement; the homeowner's association did not tell them anything; if it is on the cable or on the internet, they did not see it and did not know it was happening. Most towns around us provide something of this nature. A sign is placed upon the property identifying it as a property that there is going to be an upcoming public hearing. Language has VILLAGE OF OAK BROOK Plan Commission Minutes Page 6 of 7 September 20, 2004 /0? AGE OF 04��� P a K e � O y G A r Village of Date: September 20, 2004 Oak Brook To: Plan Commission 1200 Oak Brook Road Oak Brook,IL 60523-2255 From: Robert L. Kallien Jr., Community Development Director Website wwiv.oak-brook.org Subject: Framework for a Proposed Recommendation — Special Use — 630.990.300on Heliport—2001 York Road 630.990.3000 FAX 630.990.0876 As was provided for you on other cases, I have prepared the following as the Community framework for a potential motion on the above referenced matter. Development 630.990.3045 If it is your wish to recommend approval, FAX 630.990.3985 It would be appropriate to move that the Plan Commission recommend approval Engineering of the request from York Road Properties LLC c/o CenterPointe Properties for a Department special use for the property located at 2001 York Road 630.990.3010 to permit the FAX 630.990.3985 construction of heliport in the southwest corner of the property. In making this recommendation, the Commission finds that: Fire Department 630.990.3040 1. 2001 York Road is zoned 04 Office District and is currently improved FAX 630.990.2392 with a five-story office building, a multi-story parking structure and two vacant lots to accommodate future development. Police Department 630.990.2358 2. Heliports are listed as a special use in the 04 District. FAX 630.990.7484 3. The Plan Commission has previously reviewed and recommended Public Works approval of at least two special use requests for Heliports that were Department constructed in Office Districts. 630.990.3044 FAX 630.472.0223 4. The proposed Heliport at 2001 York Road will be constructed and operated in accordance to Village of Oak Brook and IDOT standards. Oak Brook Public Library 5. Operation of the proposed Heliport is predicated on receiving IDOT approval. 600 Oak Brook Road 6. No negative comments were received from an property owner relative Oak Brook,IL 60523-2200 y h p Y 630.990.2222 to this request. FAX 630.990.4509 7. The proposed special use is deemed reasonable and does not appear to Oak Brook Sports Core jeopardize the public health, safety or general welfare of any party. Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 �a , '4 , r t '4^ �+r ' r i , <• 5 _ f[r 1 . i' r , t x flot Or c a ".e... _ � �,• � / � 111 �.aY� �' �� � �• ' AL, �' ' �- '� is .. �... .. •t�.t .: `+� , - xg 44 X dw• 1 41P t MV r } A: tt,oi�t rips AN- lot Aw " j ' ��r• i , , R1t 1V 'f:t4 .� r r,} ' k A� •N` y4 is Gr t 4 ' F , 4 , LY a ` r. . a ._ k M "a fir! D t`i • � a r. ' )k Y 1n � � � ,t ,+. , -° .. .¢ 1 A � ►+, re :icy, , '((�.�, R. F ';, •D?:yr' T-� ,, �, f \. ` �'a �5t+t�i� k.'�,.�. 4 R Woe Nt Al .. —_ . ol w 4L T7 Af AA ^ . i , - '," ��rv, j + ..}°r- 1. y 1 "a �• r— VILLAGE OF OAK BROOK Plan Commission/Zoning Board of Appeals STAFF REPORT DATE: September 13, 2004 CASE NO: 2004-020-SU DESCRIPTION: Special Use—Heliport PETITIONER: Centerpoint Properties Trust on behalf of York Road Properties, LLC LOCATION: 2001 York Road EXISTING ZONING/USE: 0-4, Office District, improved with an office building, parking deck and two undeveloped parcels. ZONING/USE OF SURROUNDING PROPERTY: North: 0-4, Office District, Five-story office building, parking deck, and I- 88 ramp to I-294. South: ORA-1, Office-Research-Assembly District, office buildings. East: ORA-1, Office-Research-Assembly District, office buildings. West: ORA-1, Office-Research-Assembly District, office buildings. DISCUSSION: York Road Properties, LLC, the owner of the subject property, has submitted a petition seeking approval of a special use for a heliport. The heliport would be constructed on an unused parking lot on Lot 3 which is located in the southeast corner of the property. A summary of the key elements of this request: * heliport is designed in accordance to IDOT Division of Aeronautics standards. * operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through Saturday, and on Sunday with 72 hours notice to the Village. * refueling, maintenance and helicopter storage shall not be permitted. * current and anticipated use would be 3 to 6 times per month. * CenterPoint Properties would be the primary user of the facility. For more specific details and conditions regarding the proposal, please see both the letter of explanation and the letter which addresses each of the special use standards in the case file. 9 R � STAFF REPORT-SPECIAL USE YORK ROAD PROPERTIES,LLC. CASE No.2004-019-SU Staff Comments: 1. Formal IDOT approval should be required prior to approval by the Village Board of Trustees. 2. Any redevelopment of either Lot 2 or 3 which alter the planned use and/or flight path of the proposed heliport will require the processing of a special use amendment to address the change in site conditions. 3. The closest residential area of Oak Brook to the proposed heliport is approximately 1300 feet north. RESPONSIBILITIES OF HEARING BODIES: Both the Plan Commission and Zoning Board of Appeals have the responsibility to make a recommendation on this request for a special use. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for special uses. The detailed explanation provided by the petitioner specifically addresses each of these standards. CONCLUSION: If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant has satisfied the requirements for approval of the special use, a recommendation would be in order to approve this request as presented. In addition, the Commission and Board are authorized to recommend additional changes and/or modifications as they see fit. Respectfully Submitted, Robert L. Kallien Jr Director of Co ity D velopment i 2 v� O F 0A P B9 � o o C y G � A f t1 �cF00UNi4 Village of Oak Brook 1200 Oak Brook Road September 16,2004 Oak Brook,IL 60523-2255 Website www.oak-brook.org Dear Resident: Administration The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will be 630.990.3000 FAX 630.990.0876 considering a Special Use request at the meetings scheduled on the reverse side of this notice. Community The application has been filed by: Centerpoint Properties Trust Development on behalf of York Road Properties,LLC 630.990.3045 FAX 630.990.3985 The property in question is located at: 2001 York Road Engineering Department Relationship of applicant to property: Licensee 630.990.3010 FAX 630.990.3985 Also shown on the reverse side of this notice is a map* of the area to assist you in determining your relationship to the property in question. Fire Department 630.990.3040 FAX 630.990.2392 The applicant is seeking Special Use approval for a heliport to be constructed on the property located at 2001 York Road. The heliport would be constructed in an Police Department unused parking lot, which is located in the southeast corner of the property,just 630.990.2358 west of Windsor Drive. FAX 630.990.7484 Public Works If you desire more detailed information, please contact the Community Development Department Department at 630-990-3045 to review the file on this application. 630.990.3044 FAX 630.472.0223 Sincerely, Oak Brook COMMUNITY DEVELOPMENT DEPARTMENT Public Library I 600 Oak Brook Road k— Oak Brook,IL 60523-2200 Robert L. Kallien,Jr., C 630.990.2222 Director FAX 630.990.4509 Oak Brook Sports Core R'K/gp Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 V • In accord with the provisions of the American with. Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline, the Village's ADA Coordinator, at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall,Butler Government Center located on Oak Brook Road(31st Street)and Spring Road, Oak Brook,Illinois. Plan Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Monday, September 20,2004 Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 5,2004 Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 26,2004** **Tentative A 46071 1—1 39 37 S o 36 < 21 °901 T 7Pg 793 39 116 2 w 19 4 0 35 93 32 3 23' A 903 905 £ � ae 17 71 g O.aD oRY D f ge57� `�- 0 S. 907 724 2' i 28 27 �z5 g10 09 Bog gap 1Sao iT LOCATION 1DY0 WOODRIDa{ OR OF SUBJECT 11 10 191S 171 W PROPERTY 1 Igoo 0 I!!og ' `�i ; 1818 310 �?a0 100 ��' a06 A 1915 30o s ; QEseevolm IN 1919 606 ZOOO P Sin. !23 61a ERlRr /• 4 606 60a 1rr : w 620 bll' 2 1 .r20to of 619 Raw 1 Wee L cc QESE£UOI zOZI css Zoo? 2025 za Z101) I+r 0 2roo J*r Z %100 X107 GIs coo 2+12 1 300 210 / l7to i 22ND STREET sz EE7 N TNENN ILL I IXS Y Q2211 X67 4s 41 37 3s 83 31 I± O 2215 o.. D 29 30 27 ar 1 1 0 2301 2305 I 6t 61 4 6 a 101 I6 23 ir *Note: The map provided is only an aggrcuirnation of the area in question and is intended to = used only as a visual aid to determine your relationship to the property York Road Prop-2001 York Road-Heliport.Res.Itr.doc Legal Notice • �Y/�Ct�- �b f%Wp NOTICE IS HEREBY GI V EN that a public hearing before thee Zoning Board of Appeals pf the Village of Do Couo1Itfes?ul,Inois,'.111 be heto on oc'a'5,2004 of CERTIFICATE OF PUBLICATION 730 P.m.in the Samuel E. Dean Board Room of the Butler Government Center, Bro Oak Brook-Road,oak Paddock Publications, Inc. Brook, Illinois 60523 ttlr the pugPOse of considering he applicello" of CenterpoiTnt Pro riles 1808 Swift Drive, Oak Brook.Illintll$60523an Daily Herald behalf of York Rood Proper•pC for a Special Use as Sectiond3dr9 of the Zoning Ordinance of the Villagye of Oak Break, Illinois, O►dt- nonce G-60 as amended. This application will also be reviewed by the Plan Commission of Its meetinop on September 20,.2004, al 7:30 p.m.;at the some loco- Corporation organized and existing under and by virtue of the laws of the State of Illinois, tton.. York Road Prope ties, LLC It seeking a Wertt Use DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. approval for a heliport to be constructed on the prooertV p located at 2001 York Road, The would b pa k_ That said DAILY HERALD is a secular newspaper and has been circulated daily in the 1ng lot, which I$ located in I Lust West of Wind- Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn, sor�Drive. erallY PdM►�iga cbe?Qeoni Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace, York Road,Oak Brook,I.li- no Iption3,woll the legal de Roselle Villa Park Warrenville West Chicago, Wheaton Winfield Wood Dale scLots 1 a$follows: and 3 Lots 1, 2 and 3 in York � � � � � � Road Pro riles.L.L.C.Sub• 00,1..,being d subdivision of Lot A in Sunbeam Corpoo- ratio east 4ein Pr rt S onuV Townshlpp39 North,Range 11 East i the Third Principal County(ies) of DuPage Meridian according to the plate said York Road Prop• Mies, L.L.C. Subdivision thereof recorded eye bee and State of Illinois, continuously for more than one year prior to the date of the first 29,2000 as Document NUM- ber Y,Illinois. in DUPage C All Persons to b y,Illinois. All publication of the notice hereinafter referred to and is of general circulation throughout said gg heard will be afforded an op. mI ssm tft n5t theirr . Village(s), County(ies) and State. orally or In writing or both. The hearing may be re- ceased To another date If no. is Pur lilmeann onlace tht the I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise is..ring y announced news- hearing or is given tio n t les- paper publirntion not less Than five(s days prior to the law in relation to notices" as amended in 1992 Illinois Compiled Statutes Chapter 715 the date of the recessed A' + P hearing. In ac: with the pro Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was $tons of the American with f Disabilities Act,any individ- ual ' ata iaccommmoda on�in published September 17, 2004 in said DAILY HERALD. order to participate in or benefit from attendance at this public meetln should V��id°gy0ef�4 ADA Coordinator,a IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., at 6I 990•s738 a$ soon as possible before the meeting sale. has caused this certificate to be signed by this authorized agent at Arlington Heights The petitioner's applica• > > > Clerk on file h thehDir'ector of:Community Development. Illinois. Per%",wishing to exomine the petitbn documents mayY arrange:to do so with the.Di- rector of Community Devel- opment,Robert Kallien,Vii• loge of Oak Brook,1200 Oak Brook Road.Oak.Brook,IL 60523, telephone 630-990- 3045. Linda Gonnella Villaae Clerk the"Cordp oratee Authoriities PADDOCK PUBLICATIONS, INC. pand the Zoning Board of Ap- Br°oiok DuPoe'e'aa d C0000t DAILY HERALD NEWSPAPERS Counties,Illinois. Published in Dally Herald September 17 2004 (3383928) BY Author l ed Agent i Control # T3383828 71, 4. B. August 16, 2004 Special Board of Trustees meeting. VOICE VOTE: Motion carried. C. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 24, 2004 Motion by Trustee Caleel, seconded by Trustee Korin, to approve the minutes of the August 24, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried. 5 CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Yusuf asked to remove Agenda Item F.l., Budget Adjustment, 1) Cleaning Supplies for discussion. Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 4 -Trustees Caleel, Craig,Korin and Yusuf. Nays: 0 - None. Absent: 2 - Trustees Aktipis and Zannis. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING SEPTEMBER 10, 2004 - $439,311.66 Significant Items included in Above: 1) Oak Brook Bank—Debt Service— 1999 Installment Contract Certificates (Golf Course Irrigation) - $93,187.75 2) Civiltech Engineering, Inc.—Payout#11 —York/Harger Bicycle/Pedestrian Path Phase III - $22,046.36 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 28, 2004 - $613,400.96 COMMUNITY DEVELOPMENT REFERRALS 1 001 York Road—Special Use—Heliport D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS -None. E. AUTHORIZATION TO HIRE PROMOTE OR REASSIGN DUTIES OF VILLAGE EMPLOYEES VILLAGE OF OAK BROOK Minutes Page 3 of 13 September 14, 2004 PGA 0 F 0A k B,9 v O p O y G � A O 1 REVISED AGENDA ITEM Regular Board of Trustees Meeting of September 14, 2004 SUBJECT: Referral—York Road Properties, LLC—2001 York Road=Special Use— iport FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer to the Plan Commission for review and recommendation at its September 20, 2004 meeting and to the Zoning Board of Appeals for public hearing at its October 5, 2004 meeting a request from York Road Properties LLC for a special use for a heliport. Backaround/History: York Road Properties, LLC, the owner of the property located at 2001 York Road has submitted a petition seeking approval of a special use for a heliport. The heliport would be constructed in an unused parking lot on lot 3, which is located in the southeast corner of the property,just west of Windsor Drive. Recommendation: Please refer this request to the Plan Commission for review and recommendation at its September 14, 2004 meeting and to the Zoning Board of Appeals for public hearing at its October 5,2004 meeting. T act cPvm by j?w. - %%—h\ncrrc\r.mT)mAr (-)T AT%MTC\1_RRf)?,A R(1R\Rnt_Pr_7RA\T10T_Rrfvrra1-V0R_RT T-Inn1 Vnr1r-U Plinnrt fine 13-10E-2: SPECIAL USES: Daycare center,provided such facility complies with all licensing requirements of the state and maintains direct alarm hookup to the Oak Brook police department. Health clubs,private,membership only, in multi-building office complexes under single ownership or control on sites not less than ten(10) acres. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. Heliports,not for freight, shall meet all of the standards as contained in subsection 13-1` 0_.A 4C of this chapter. Additionally,the operation of said heliport shall meet the performance standards as contained in section 13-10-3 of this chapter. 1 13-10A-4: ADDITIONAL REGULATIONS: A. Awnings, Marquees And Signs: See chapter 11 of this title. B. Off Street Parking And Loading: Off street parking and loading shall be as provided in chapter 12 of this title. C. Hem o�rt�;� 1. If the federal aviation administration has conducted an aeronautical study to determine the effect of the proposed heliport on the safe and efficient use of the navigable air space by aircraft and find no objection to the proposed heliport. 2. The layout and design of the heliport,including approach and departure paths,shall conform to the most current rules and regulations of the division of aeronautics, state of Illinois, department of transportation. Any approval for a heliport granted by the village shall be subject to evidence that said division of aeronautics has issued an order authorizing the applicant to proceed with construction of the heliport in accordance with plans approved by it;provided, however,that any waiver of such rules and regulations granted by said division shall be subject to approval by the village. No permit for the construction of a heliport will be given until such an order has been issued by said division. 3. Hours of operation shall be from seven o'clock(7:00)A.M. to ten o'clock(10:00)P.M. Monday through Saturday. The heliport may also be used on Sunday,provided the village is advised seventy two (72)hours in advance, and said use does not exceed one such use per month. 4. Approach and departure patterns from said heliport shall be limited to avoid operation over residential areas. 5. Refueling,routine maintenance and storage of helicopter, except for emergency purposes only, shall not be permitted at the heliport. 6. There will be no receiving or shipping of freight from said heliport, and there will be no on site storage of fuel. 7. Use of the heliport shall at all times comply with any specific requirements of the federal aviation administration or Illinois department of transportation in the certificate of approval or operation issued to the user of the heliport by such agencies. 8. Special use shall only be applicable to the applicant therefor and only so long as the applicant is occupying the subject property,provided,however,that pursuant to a special use permit application identifying a specific user occupying property adjacent to the subject 1 3 property,the special use also may be made applicable to such user for so long as such user occupies adjacent property. 9. The applicant shall maintain at all times appropriate and sufficient insurance coverage relative to the installation and use of the heliport insuring against any property damage or personal injury arising therefrom with policy limits of not less than twenty million dollars ($20,000,000.00). 10. All such special uses shall be reviewed by the village every five(5)years for conformance with the conditions set forth herein, character of safety and extent of operations and any further relevant factors. 11. Helicopters utilizing a heliport shall fly at the maximum safe level prior to entering the approach pattern to the heliport. 12. Use of the heliport shall be made available to the village or its designees for emergencies. 13. A log of usage shall be submitted to the village on an annual basis, or as otherwise required by the village. (Ord. G-60, 3-22-1966; Ord. G-82, 4-9-1968; Ord. G-178, 12-9-1975; Ord. G-305, 9-8-1981; Ord. G-471, 8-13-1991; Ord. G-553, 3-14-1995; Ord. G-695, 3-26-2002) 2 3�.' .•b 13=10-3: PERFORMANCE STANDARDS: Any use established in the ORA1, ORA2 or ORA3 office-research-assembly districts shall be operated so as to comply with the performance standard regulations prescribed in this section, and no use lawfully established on the effective date hereof shall be hereafter altered or modified so as to conflict with, or further conflict with, such performance standards. A. Noise: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American standards association. Measurements shall be made using the flat network of the sound level meter. Impulse-type noises shall be subject to the performance standards prescribed in this section,provided that such noises shall be capable of being accurately measured, and for the purpose of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (f2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plant(other than background noises produced by sources not under control of this section, such as the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the table below: Maximum Permitted Sound Octave Band Level In Decibels Frequency Business In Cycles Residence And ORA Per Second Districts Districts 20 to 75 72 77 75 to 150 67 72 150 to 300 59 64 300 to 600 52 57 600 to 1,200 46 51 1,200 to 2,400 40 45 2,400 to 4,800 34 39 1 Above 4,800 32 37 B. Vibration: Any operation or activity which shall cause at any time and at any point beyond the boundaries of the lot, earthborne vibrations other than background vibrations produced by some source not under control of this Chapter, such as the operation of motor vehicles or other transportation facilities in excess of the limits set forth in the following Column I is prohibited. In addition, any operation or activity which shall cause at any time and at any point in a residence district earthborne vibrations in excess of the limits set forth in the following Column II is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three(3)component measuring system approved by the Director of Community Development. Frequency In I 11 Cycles Displacement Displacement Per Second In Inches In Inches 0 to 10 .0008 .0004 10 to 20 .0005 .0002 20 to 30 .0002 .0001 30 to 40 .0002 .0001 40 and over .0001 .0001 Impact vibrations which are discrete pulses that do not exceed one hundred(100)impulses per minute shall be permitted twice the displacements shown above in Columns I and II. C. Smoke And Particulate Matter: 1. The emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety,comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. 2. For the purpose of grading the density or equivalent capacity of smoke,the Ringelmann Chart described in the Bureau of Mines Information Circular 6888 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than No. 1 on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter. i 3. The emission of smoke or particulate matter of a density greater than Ringelmann No. 3 is permitted once in any twenty four(24)hour day for no more than three(3)minutes. 4. Wind-generated dust from such sources as storage areas, yards,roads, and so forth within 2 V` `OL lot boundaries shall be minimized by appropriate landscaping or all-weather paving. 5. The emission of particulate matter from any chimney, stack, or vent shall not exceed one-quarter(1/4)pound per hour per acre of lot area. D. Toxic Matter:No use shall discharge beyond the boundaries of the lot toxic matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business. E. Odors: The emission of odorous matter in excess of the odor threshold measured beyond the boundaries of the lot at ground level or at habitable elevation is prohibited. F. Fire And Explosion Hazard: 1. The storage, utilization, or manufacture of solid materials ranging from incombustible to moderate burning is permitted. 2. The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met: a. The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the Village and the National Fire Protection Association. b. All such buildings shall be set back at least forty feet(40') from all lot lines or, in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Village and the National Fire Protection Association. c. Said materials, if stored outdoors, shall be no closer than one hundred fifty feet(150') to the nearest lot line in conformance with the standards and regulations of the Village and the National Fire Protection Association. 3. The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks, and storage of finished products in original sealed containers: a. Said materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls, and handled in accordance with the standards and regulations of the Village and the National Fire Protection Association and, in addition, all such buildings shall be set back at least forty feet(40') from all lot lines and shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Village and the National Fire 3 Protection Association. b. The aboveground storage of flammable liquids in excess of the following quantities shall not be permitted: Quantity Closed Cup Flash Point Gallons Less than 24°F 1,000 24°F to less than 105°F 2,000 105°F to less than 187°F 5,000 187°F and higher 10,000 c. The total of all flammable liquids permitted on any lot shall not exceed ten thousand (10,000)gallons. G. Glare And Heat: Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot. H. Radiation Hazards: 1. The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population of applicable Federal, State and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation. 2.No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable Federal, State and local laws and regulations.(Ord. G-60, 3-22-1966; Ord. G-233, 5-31-1978) 4 _ PE 0AAL USE 13-14-9 SPECIAL USES: A. Purpose: The development and execution of this Title 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 (2) categories: 1. Uses operated by public agency or publicly-regulated utilities, or uses traditionally affected with a public interest. 2.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. B. Authority: Special uses shall be authorized or denied by the Village Board in accordance with the statutes of the State applicable to amendments of this Title,and the regulations and conditions set forth in this Title for special uses. No application for a special use shall be acted upon by the Village Board until after: 1. A written report is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this Title; and 2. A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable statutes of the State for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. C. Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board,bureau or commission requesting or intending to request a zoning certificate. D. 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 Title. E. Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing,may authorize or deny an application for a special use in accordance with the statutes of the State applicable to amendments, or may refer it back to the Board of Appeals.and the Plan Commission for further consideration. No special use shall be authorized by the Village Board unless the special use: 1 � 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. F. Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to,provisions for off-street parking and loading as maybe deemed necessary to promote the general objectives of this Title and to minimize the injury to the value of the property in the neighborhood. (Ord. G-60, 3-22-1966; Ord. G-66, 12-19-1966) ....................... .. . ... .. .w I I PETITION.APPLICATION for PUBUO HEARING ZONING ORDINANCE: ❑ APPEAL ($300) F❑ VARIATION ($750) ❑ AMENDMENT ($750) SPECIAL USE ($750) STORMWATER REGULATIONS: VARIATION ($750) APPLIMAN r" COIN LOCATION OF 0 r _ 2 _ $ - coal SUBJECT PROPERTY 2001 'fo'-y- PD. PERMANENT PARCEL NO. t�6 O LOT NO. 3 SUBDIVISION YO Rtc Hof LL(LEGAL ADDRESS 2001 `(Qe_V_ tZ-'D , ZONING DISTRICT ZONING ORDINANCE SECTION 3- 10F_ - I ACTION REQUESTED: V% PROPERTY INTEREST OF APPLICANT: OWNER LICENSEE X AGENT tK or x, + + NAME OF APPLICANT(and sming to mallon) CIkU G1�, � L PHONE G�D 586 8(79 ADDRESS 1 SC25 -e2w1f-!T- bg, CITY ©NV_w 1 M001 STATE 1 L- ZIP Go,:2 E-mall Address: Gk e nschcl t) G epier+fo nt- roe. corn I(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are two to the best of my (our)knowledge,,a��ndbellef. in addition to the above fees,applicant agrees to reimburse the Village for publication costs within 30 days of billing. f��•1 � tI#o Ap li Da Signature of Applicant pate eelVr DO NOT WRITE IN THIS SPA+CI~--FOR OFFICE USE ONLY APP-PUMIC HEAP ING-2004.doo :r l+ollot are the norm and Views of all suffoundft pretty ownw from the 1avpeq in question for a distara of approximately 250 fast I of dkeckns. The number of feet occupied by all pubs Meds, its, alloys, and public way3 have been excluded in comma the Moot requirement. Sold names are as recorded In the of a of the County Recorder of Deeds (or Ow Reelotrar of T#W of the County)and as aMar from the aWhantic tax recoids of this County whin 30 days of the#ding of tttb motion. Pr*Wdo meffino 19W 1b r each Propw*Ovwmr lam. 360#0 }AvWTtiPJQM�j acv. W)Mb$vA 4PF1 PL42A 12.5 W�VOSOft 210 V4.240.b Fr.4 1 L. (00513 V k IL 52 I (Aftxh additional sheets N wessary) APP-PUBLIC HEARING- a dos • VWM (Complete a separate form for each P.IA.) 0(: -- 24 - A-03 a 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): OG - 2-4 - 403 010 2. Common Address: 2-+01 ` P-V-- - ��!-_� 11— aol$z I Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) LEGAL DESCRIPTION LOTS 1, 2, AND 3 IN PORK ROAD PROPERTIES, L_L.C. SUBDIVISION, BEING A SUBDIVISION OF LOT A IN SUNBEAM CORPORATION SECOND ASSESSMENT PLAT, BEING PART OF THE SOUTHEAST QUARTER OF SECTION 24 TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID YORK ROAD PROPERTIES, L.L.C. SUBDIVISION THEREOF RECORDED NOVEMBER 29, 2000 AS DOCUMENT NUMBER 82000-1$7248, IN DUPAGE. COUNTY, ILLINOIS. The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: ? Date called: DuPage County Recorder's Office: (630-1562-7200) Contact Person: Gate called: o 1 '45"tm- W DuPage County Clerk's Office-Revenue Department:(830-510-3375) Contact Person: Date called: _ tq 104 1 A4 ?v -A verify that the Information provided above is accurate. Printed Name Slgn>atur Date: os/-A1 /Q$ Relationship to Applicant: 6&A1Aa=M LEGAL DESCRIPTION LOTS 1, 2, AND 3 IN YORK ROAD PROPERTIES, L.L.C. SUBDIVISION, BEING A SUBDIVISION OF LOT A IN SUNBEAM CORPORATION SECOND ASSESSMENT PLAT, BEING PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID YORK ROAD PROPERTIES, L.L.C..SUBDIVISION THEREOF RECORDED NOVEMBER 29, 2000 AS DOCUMENT NUMBER R2000-187248, IN DUPAGE COUNTY, ILLINOIS. ORIGINAL DOCUMENT IS PRINTED ON CHEMICAL REACTIVE PAPER&HAS A BORDER kF W111111111 p -_ LASALLE NATIONAL BANK-CHICAGO 70-2302 CenterPoint Properties Trust PAYABLE THROUGH LASALLE BANK 719 1808 Swift Drive OF LISLE-LISLE,IL 60532 Oak Brook, IL 60523-1501 DATE CHECK NO. AMOUNT 08/16/04 085509 $.*.****750:00* SEVEN HUNDRED FIFTY AND NO/100 DOLLARS*****`*************;`*************** i PAY TO THE ORDEF OF VILLAGE OF OAK BROOK 9 1200 OAK BROOK RD , WATER DEPT OAK BROOK, IL 60523 THIS DOCUMENT INCLUDES AN ORIGINAL WATERM ARK-KOLD ATAN ANGLETOVIEW 11906 5 50911' 1:0719230221: 90- 2260-13116 O yss+�9 7Sv i. Cw�L AiArlirr -Poo 10-A& J�r� +iFL v Sa CHECK b CHECKS b- CASH INV N DATE lZMfell NUMBER NAME G.L.ACCOUNT k DESCRIPTION VILLAGE OF OAK BROOK INVALID � WITHOUT P SIGNATURE f' DEPARTMENT OF COMMUNITY DEVELOPMENT B 15 j 9 1200 OAK BROOK ROAD ` OAK BROOK, ILLINOIS PHONE: (630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS A LETTER OF EXPLANATION 2001 York Rd. (York Rd. Properties L.L.C.)consists of three individual lots and PIN numbers (Lot 1 is to the northwest, Lot 2 to the northeast and Lot to the south). We are seeking a special use for the addition of a heliport in an unused parking lot in Lot 3 (there are no other buildings on the lot). The heliport will be located just to the southwest of the center of an unused parking lot in the southeast comer of Lot 3 of 2001 York Rd. The existing scrub trees to the west of the parking lot will be removed and new low height landscape will be added to the north to visually shield the heliport from the parking lot located in Lot 2. A new flared curb cut will be added to the existing transitional area in the northeast of the parking lot for access to the proposed heliport. The design of the heliport is to be in accordance with I.D.O.T. Division of Aeronautics. The primary flight pattern will be from the west, approaching over 22"d and York roads; however, the majority of the approach will be over John Buck property. The secondary flight pattern will be from the east, over commercial properties and Windsor Drive. In either case, the approach/departure flight path will be over commercial and I.D.O.T. properties and therefore will not affect any residences in any way. All travel to and from the approach/departure area will be of a height sufficient not to harm or affect the residential areas within the Village of Oak Brook. The user of the heliport, CenterPoint Properties, leases a helicopter for 20 hours per month. Current and anticipated usage consists of 3 to 6 times per month. A use usually consists of a landing at the proposed site, loading of clients and investors, touring of CenterPoint projects (Joliet, McCook, Rochelle, and possibly Wisconsin properties) and return to Oak Brook to our corporate office at 1808 Swift Drive. Use is limited to daylight hours per our application and would be unlikely to exceed 8 times monthly or twice weekly. off STANDARDS 13-14=9: Section E No Special use shall be authorized by the Village Board unless the special use: 1. Is of the type described in subsection Al of this Section,is deemed necessary for the public convenience at that location; 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. 1. The special use requested is not of the type described in subsection Al of the section. 2. The proposed heliport location has been designed by Ricondo &Associates (report dated 7114104) according to a recognized set of standards as issued by LD.O.T The heliport will be certified by I.D.O.T. as per Section 14.810 `Application for Certificate of Approval.' It will follow Section 14.870 'Responsibility of a Private-Use Heliport, Restricted Landing Area Heliport, and Hospital Heliport Certificate Holder'as per LD.O.T.'s requirements. By complying with I.D.O.T. Division of Aeronautics requirements, it will ensure the health, safety,and welfare of the surrounding residents and commercial properties and occupants. When certification is obtained from LD.O.T. Division of Aeronautics a copy will be provided to the Village of Oak Brook prior to any operation of the heliport. 3. The addition of this heliport will be a beneficial use to the John Buck Company and Centerpoint Properties. It will not cause any injury to the surrounding areas and will not impact any residential areas. (All sections are from L D.0.T. Division of Aeronautics-Aviation Safety Rules) 13-10E-2: SPECIAL USES: Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A-4C of this chapter. Additionally, the operation of said heliport shall meet the performance standards as contained in section 13-10-3 of this chapter. The proposed heliport is not for freight. 13-10A-4C: Heliports 1. If the federal aviation administration has conducted an aeronautical study to determine the effect of the proposed heliport on the safe and efficient use of the navigable air space by aircraft and find no objection to the proposed heliport. 2. The layout and design of the heliport, including approach and departure paths, shall conform to the most current rules and regulations of the division of aeronautics,state of Illinois, department of transportation. Any approval for a heliport granted by the village shall be subject to evidence that said division of aeronautics has issued an order authorizing the applicant to proceed with construction of the heliport in accordance with plans approved by it; provided, however, that any waiver of such rules and regulations granted by said division shall be subject to approval by the village. No permit for the construction of a heliport will be given until such an order has been issued by said division. 3. Hours of operation shall be from seven o'clock (7:00)A.M. to ten o'clock (10:00) P.M. Monday through Saturday. The heliport may also be used on Sunday, provided the village is advised seventy two (72) hours in advance, and said use does not exceed one such use per month. 4. Approach and departure patterns from said heliport shall be limited to avoid operation over residential areas. 5. Refueling, routine maintenance and storage of helicopter, except for emergency purposes only, shall not be permitted at the heliport. 6. There will be no receiving or shipping of freight from said heliport, and there will be no on site storage of fuel. 7. Use of the heliport shall at all times comply with any specific requirements of the federal aviation administration or Illinois department of transportation in the certificate of approval or operation issued to the user of the heliport by such agencies. 8. Special use shall only be applicable to the applicant therefore and only so long as the applicant is occupying the subject property, provided, however, that pursuant to a special use permit application identifying a specific user occupying property adjacent to the subject property, the special use also may be made applicable to such user for so long as such user occupies adjacent property. 9. The applicant shall maintain at all times appropriate and sufficient insurance coverage relative to the installation and use of the heliport insuring against any property damage or personal injury arising therefrom with policy limits of not less than twenty million dollars ($20,000,000.00). 10. All such special uses shall be reviewed by the village every five (5)years for conformance with the conditions set forth herein, character of safety and extent of operations and any further relevant factors. 11. Helicopters utilizing a heliport shall fly at the maximum safe level prior to entering the approach pattern to the heliport. 12. Use of the heliport shall be made available'to the village or its designees for emer encies. 9 13. A log of usage shall be submitted to.the village on an annual basis, or as otherwise required by the village. (Ord. G-60, 3-22-1966; Ord. G-82, 4-9-1968; Ord. G-178, 12-9- 1975; Ord. G-305, 9-8.1981; Ord. G-471, 8.13.1991; Ord. G-553, 3-14-1995; Ord. G- 695, 3-26-2002) 1. Ricondo &Associates has conducted the only report for the heliport as of the time of this submittal. 2. The heliport as designed by Ricondo &Associates has been designed per LD.O.T. standards as indicated in their report. 3. The hours of operation will conform to the requirements of the village. 4. The approach and departure patterns will conform to the proposed route per Ricondo &Associates. 5. The heliport is for loading and unloading of passengers only, no routine maintenance and storage shall occur. 6. No freight will be received or shipped and there will be no fuel stored on site. 7. See 13-14-9: Section E answer 2. 8.13. ,The items are understood by the applicant and as such will be followed per Village Code. 13-10E-3: LOT AREA REQUIREMENTS: A. Floor Area Ratio: Not to exceed 0.8. B. Structure Height: Not to exceed one hundred eighteen feet (118') or eight(8) stories in height, whichever is less. C. Yards: 1. Front: Not less than sixty feet (60) in depth, except: a)when adjacent to a residence district boundary line not less than one hundred fifty feet(150') in depth; and b)when abutting 22nd Street or York Road not less than one hundred feet (100') in depth. 2. Side: Not less than thirty feet (30') in depth, except: a) that portion of a side yard abutting a residence district shall be not less than one hundred fifty feet (150') in depth; b) a side yard abutting a street shall be not less than forty feet (40') in depth; and c) a side yard abutting 22nd Street or York Road shall be not less than one hundred feet (100') in depth. 3. Rear: Not less than forty feet (40) in depth, except that portion of a rear yard abutting a residence district shall be not less than one hundred feet(100) in depth and except that a rear yard abutting an alley or service drive may be reduced by twenty feet (20') in depth. (Ord. G-60, 3-22-1966) A. The proposed FAR is essentially 0 for the site and as such does not exceed 0.8. B. The structure height is at most 6"and therefore does not exceed 118 C. Yards: 1. The front yard abuts 22nd Street and is therefore 100'in depth. 2. The side yards are both 30'in depth. 3. The rear yard is 40'in depth. The following is an item by item response to Section 13-10-3 13-10-3: PERFORMANCE STANDARDS: Noise: Sound levels-Sound levels shall conform to the village requirements. No period of extended noise from the helicopter will exist. All take-off& landings will be expeditious, and the aircraft will not be allowed to idle for an extended period of time(no longer than 5 minutes) and the equipment will not be parked at this location for more than 1 hour at any one time. Vibration: No operation or activity which shall cause at any time and at any point' beyond the boundaries of the lot. In addition,no operation or activity which shall cause any point in a residence district earthborn vibrations in excess of the limits set forth by the village. Impact vibrations which are discrete pulses will not exceed the limits set by the Village: Smoke and Particulate Matter: The heliport will not produce any smoke,other than minimal aircraft exhaust. These levels are within the federal guidelines and are not concentrated or contained in any manner&will dissipate quickly Particulate Matter;will be negligible. The area is completely paved and landscaped. Wind-generated dust shall be minimized by appropriate landscaping and all-weather paving. There will be no emission of particulate matter from any chimney, stack, or vent' Toxic Matter-not applicable Odors—Not applicable Fire and Explosion Hazard: The area will have a fire extinguisher in place in accordance with the Illinois Department of Aeronautics specification for heliports. No aboveground storage of flammable liquids will exist Glare and Heat: -Not applicable Radiation Hazards: -Not applicable THE,JOHN BUCK COMPANY VIA FACSIDU,E AND U.S.MAIL August 12,2004 Ms.Robert L.Kallien Director of Community Development Village of Oakbrook 1200 Oak Brook Road Oakbrook,IL 60523-2255 RE: York Road Properties,LLC Centerpoint Properties; Special Use Permit Dear Bob: York Road Properties,LLC hereby authorizes Centerpoint Properties to apply for a Special Use Permit to operate a Heliport on Lot 3 in the southeast corner of 2001 York Road in Oak Brook. Please contact Susan Hammersley at 312-441-4165 if you have any questions. Thank you. Sincerely yours, York Road Properties,LLC,a Delaware limited liability company By:Buck York Road L.L.C.,an Illinois lijakility company B . Name Title:_,a �. C: John Buck Dale Goldberg Chuck Henschel(Centerpoint Properties) Janet Lindeman John O'Donnell Ben Robinson One North Wacker Drive,Suite 240 0,Chicago,Illinois 60606-2809 Telephone 312.993.9800 Facsimile 312.993.0857 Center Point Properties NORMAN-- I i �,ili��� LEGEND: Approach Surface . $ 5 FTIF f � I ` CE' See exhibit 2 for detail RT SURF A 1 NOTES: IPPAWAW APPOE - r - PE Representative trees % depicted to be removed EAR�uRE SURF ACE ,J v_ along the approach surface P CHip path. �pP P Design Helicopter: �F. � Eurocopter AS355 k Surfaces based on I.D.O.T, Division of Aeronautics- ,f 4 s Aviation Safety Rules Controllin obstru ion � ,� " g , .j ` . subpart G Section 14.792 (Exi g e 12:1 slope) •�' t , Longitude=-87.92692098 .� loe !� " ,; Latitude=41.84965969 Source:Ricondo&Associates,Inc. Prepared by:Ricondo&Associates,Inc. Exhibit 1 0 200 ft. 1' noun Site Plan - Oakbrook Location Center Point Properties Heliport July 14, 2004 Center Point Properties LEGEND: EXISTING BUILDING Existing Pavement Approach Surface EXISTING AUTO PARKING NOTES: FATO 9015 Representative trees depicted j / RE SURFACE to be removed along the O _ IDEpARTU approach surface path. App(#OA 5 Design Helicopter: 0 11 Eurocopter AS355 o � OACHIDEPARTlJRE SU , - -- 4 ° Division ofAero Aeronautics St-OpE O.T. AppR 5:A 136.4 Aviation Safety Rules subpart 40 G Section 14.792 ExestIng pave Ant 2 ° Longitude=-87.92692098 to be seal coated Latitude=41.84965969 Source:Ricondo&Associates,Inc, Prepared by:Ricondo&Associates,Inc. Exhibit 2 o too ft. t Site Plan - Heliport Configuration north Center Point Properties Heliport July 14,2004 vPO�OF 04Akr G � 4 ttr r� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 Mr. Robert Finke 708 9 9 0, 3 0 0 0 Phynyx Realty Services, Inc. 100 Tri State International Office Center Suite 122 Lincolnshire, IL 60069 RE: 2001 York Road Dear Mr. Finke: I have reviewed the site plan you submitted with respect to your letter of December 12, 1994. The setbacks you specify are correct with the exception of the rear yard parking setback along Windsor Drive. In my opinion, the setback specified in the ordinance for this location is ten feet. The structure height is limited to 35 feet. The F.A.R. calculates okay at .45, however, please review definition (53) Floor Area to be sure you have interpreted (interrupted) the ordinance correctly. The parking requirement for general office uses is one space for each 300 square feet of floor area (see definitions) which will yield a required number of spaces on the order of 933. Please call if you have any questions. Sincerely, / f Thomas R. Hawk Director of Code Enforcement TRH/gp GENERAL REQUIREMENT'S 1141-9 Exception: In those situations where the provisions of NFPA 1231, 3-8.2 Common walls between tenants or dwelling units shall Standard on Water Supplies for Suburban and Rural Fire Fight- have a fire resistance rating of not less than 1 hour. ing, are utilized, 3-7.2.2 shall not apply. i 3-8.3 Roof coverings shall be Class C or better when tested 3-7.2.3• The contractor or installer of water supply systems in accordance with NFPA 256,Standard Methods of Fire Tests 1 in planned building groups shall demonstrate by actual test of Roof Coverings. that the capacity of the water supply system will meet fire pro- tection design requirements. Fire flow performance tests shall 3-9 Fire Protection during Construction. (See Appendix B.) be witnessed by the fire department and other authorities having jurisdiction who desire to do so. 3-9.1 Protection shall be not less than that required by the fire department having jurisdiction. 3-7.3 Where a municipal-type water supply is provided, distances between installed fire hydrants shall not exceed 3-9.2 Fire department vehicular access to all structures ;i00 ft(91•m)unless fire department operations or technol- under construction shall be provided at all times. In areas ufry would otherwise dictate increased spacing. For buildings where ground surfaces are soft or likely to become soft,hard, exceeding 20,000 sq ft (1860 sq m) in ground floor area, a all-weather surface access roads shall be provided.(See 3-1.3.) fire hydrant shall be installed within 300 ft(91 m)of any por- tion of the exterior of the building. Actual location of fire 3-9.3 The fire protection water supply system,including fire hvdrants shall be as required by the fire department prior hydrants, shall be installed and in service prior to placing to installation. combustible building materials for structures or combusti- ble pretested fabricated building assemblies on the project 3-7.3.1 Where a municipal-type water system is not provided site or utilizing them in the construction of building struc- and the provisions of NFPA 1231 are utilized,the maximum tures. If phased construction is planned,coordinated instal- distance from any point of a structure to a pumper connec- lation of the fire protection water system is permitted. (See tion shall be determined by the fire department. 3-7.2.3.) 3-9.4 Trash and debris shall be removed from the construc- 3-7.4 Fire hydrants shall be marked in a uniform manner. tion site as often as necessary to maintain a firesafe construc- tion site. (VOTE: NFPA 291,Recommended Practice for Fire Flom Test- ing and Marking of Hydrants,provides information on the uni- 3-9.5 Flammable or combustible liquids shall be stored,han- form marking of hydrants. dled,or used on the construction site in accordance with the applicable provisions of NFPA 30, Flammable and Combusti- 3-7.5 Fire hydrants located in parking areas shall be pro- ble Liquids Code; NFPA 58, Standard for the Storage and Han- tected by barriers that will prevent physical damage from filing of Liquefied Petroleum Gases;and NFPA 395,Standard for vehicles. the Storage of Flammable and Combustible Liquids on Farms and i Isolated Construction Projects. ,l 3-7.6 Fire hydrants shall be located within 3 ft (0.9 m) of the curb line of fire lanes, streets, or private streets when 3-9.6 At least one portable fire extinguisher having a rat- installed along such access ways. ing of at least 4-A, 30-BC shall be within a travel distance of 75 ft(22.5 m)or less to any point of a structure under con- 3.7.70 Fire hydrants shall be properly installed. struction. Personnel normally on the construction site shall be instructed in the use of the fire extinguishers provided. �t (See Appendix B.) 3.7.8 Threads on fire hydrant outlets shall be American nt National Fire Hose Connection Screw Threads and shall be 3-9.7• A method of security shall be provided on the con- 1t equipped with thread adapters when the local fire depart- struction site during the hours when construction workers ,,tent thread is different. (See NFPA 1963, Standard for Screw are not present on the site. Tkreads and Gaskets for Fire Hose Connections.) I or 3-10 Plans. 3*7.9 Fire hydrants shall be supplied by not less than a lit ain.(15-cm)diameter main installed on a looped system or 3-10.1 All plans for planned building groups shall be sub- In OX less than an 8-in. (20-cm) diameter main if the system mitted to the authority having jurisdiction for approval before nd i not looped or the fire hydrant is installed on a dead-end the issuance of the construction permit. If a planned build- 111, strain exceeding 300 fit (91 m) in length. ing group is exposed to wildfire, as part of the plan devel- 1A. opment and submittal a wildfire protection assessment,a fire behavior potential evaluation,and a fuel management plan- 3 7 10 Dead-end mains shall not exceed 600 ft (182.5 m) ning analysis shall be submitted to the authority having juris- in length for main sizes under 10 in. (25 cm) in diameter. diction. This approval procedure shall include the fire Elie department having jurisdiction. 500 Construction of Structures. two 3-10.2 In addition to the requirements of 3-10.1, a small- at '' mil* Construction of each structure shall be equal to the scale drawing of the site's surrounding area showing streets, requirements of the building code of the jurisdiction. access points, water supply sources,and other items of fire 1990 Edition i PHYNYX REALTY SERVICES, INC. December 12, 1994 Mr. Tom Hawk Director of Code Enforcement Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Re: Proposed Site Development Plan 2001 York Road Oak Brook, Illinois Dear Mr. Hawk: Enclosed is a preliminary site development plan for the 14.27 acre tract of vacant land formerly occupied by the Sunbeam Building. Please review this land plan and let me know if I have correctly interrupted the following set-back requirements under the existing Oak Brook Zoning Code. Thank you for you help. Building Parking Lot Set-Back Set-Back York Road (Front Yard) 100 FT 100 FT South Property (Side Yard) 30 FT 10 FT North Property (Side Yard) 30 FT 10 FT Windsor Drive (Rear Yard) 40 FT Sincerely, R bert Finke President RF/km enc. 100 Tri State International Office Center, Suite 122, Lincolnshire, IL 60069 (708) 374-0175 FAX (708) 374-8425 Sec. X OAK BROOK CODE Closed Cup Flash Point Quantity (gallons) (gallons) 105°F to less than 187°F 5,000 187°F and higher 10,000 (c) The total of all flammable liquids permit- ted on any lot shall not exceed 10,000 gallons. (g) Glare and Heat: Any operation producing glare or heat shall be performed within a completely enclosed building in such manner- as not to create a public nuisance or hazard beyond the bounda- ries of the lot. (h) Radiation Hazards: (1) The release of radioactive gases and particu- late matter shall not exceed the maximum allowable concentration permitted the general population of applicable federal, state and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation. (2) No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable federal, state and local laws and regulations. (Ord. No. G-233, § 3, 5-31-78) (B) ORA1 Office-Research-Assembly District. (1) Permitted Uses: (a) Any establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods or products, provided that operations conform with performance standards and other requirements of this ordinance. (b) Offices and financial institutions. Supp. No.5 930 APPENDIX A—ZONING Sec.X (c) Churches—on lots not less than 4 acres in area. (d) Accessory uses and structures—including storage and service areas within the structures, garages for de-, livery trucks, central heating and air conditioning plants, and storage areas,yards, shops and similar fa- cilities that are used solely for operating, servicing or maintaining the activities and improvements within the lot on which the accessory use is located.Accessory uses and structures shall also include dwellings occu- pied by watchmen,janitors, maintenance and similar employees engaged upon the premises; but no dwell- ings shall be erected for any other purposes. (e) Electric distribution centers and substations. (D Gas regulator stations. (2) Special Uses: (a) Heliports (not for freight): In accordance with the fol- lowing minimum standards: (1) If the Federal Aviation Administration has con- ducted an aeronautical study to determine the ef- fect of the proposed heliport on the safe and eM- cient use of the navigable air space by aircraft and find no objection to the proposed heliport. (2) The layout and design of the heliport, including approach and departure paths, shall conform to the most current rules and regulations of the Di- vision of Aeronautics, State of Illinois, Depart- ment of Transportation. Any approval for a heli- port granted by the Village shall be subject to evidence that said Division of Aeronautics has is- sued an order authorizing the applicant to proceed with construction of the heliport in accordance with plans approved by it; provided however that any waiver of such rules and regulations granted by said division shall be subject to approval by the Village. No permit for the construction of a heli- port will be given until such an order has been issued by said division. Supp. No. 54 930.1 Sec.X OAK BROOK CODE (3) Hours of operation shall be from 7:00 a.m.to 10:00 p.m. Monday through Saturday. The heliport may also be used on Sunday, provided the Village is advised 72 hours in advance,and said use does not exceed one such use per month. (4) Approach and departure patterns from said heli- port shall be limited to avoid operation over resi- dential areas. (5) Refueling, routine maintenance and storage of he- licopter, except for emergency purposes only,shall not be permitted at the heliport. (6) There will be no receiving or shipping of freight from said heliport, and there will be no on-site storage of fuel. (7) Use of the heliport shall at all times comply with any specific requirements of the Federal Aviation Administration or Illinois Department of Trans- portation in the Certificate of Approval or Opera- tion issued to the user of the heliport by such agen- cies. (8) Special use shall only be applicable to the appli- cant therefor and for only so long as the applicant is occupying the subject property. (9) The applicant shall maintain at all times appro- priate and sufficient insurance coverage relative to the installation and use of the heliport insuring against any property damage or personal injury arising therefrom with policy limits of not less than twenty million dollars. (10) All such special uses shall be reviewed by the Vil- lage every five years for conformance with the con- ditions set forth herein, character of safety and extent of operations and any further relevant fac- tors. (11) Helicopters utilizing a heliport shall fly at the max- imum safe level prior to entering the approach pattern to the heliport. (12) Use of the heliport shall be made available to the Village of Oak Brook or its designees for emergen- cies. Supp. No. 54 930.2 - i . I i APPENDIX A—ZONING Sec. X (13) A log of usage shall be submitted to the Village on an annual basis, or as otherwise required by the Village. (Ord. No. G-305, § 2, 9-8-81; Ord. No. G-471, § 2, 8-13-91) (b) Public utility, governmental service and transporta- tion uses: (1) Bus turn-arounds and passenger shelters. (2) Fire and police stations. (3) Telephone exchanges, transmission buildings and equipment,and outdoor telephone booths and ped- estals. (4) Sewage and storm water lift stations. (5) Water filtration plants, sewage treatment plants, wells, pumping stations and reservoirs. (6) Post office operated by the United States Govern- ment. (7) Emergency warning system structures. (Ord. No. G-210, § 2, 2-8-77; Ord. No. G-483, § 5, 3-10-92) (c) Restaurants with accessory cocktail lounges—without facilities for dancing and live entertainment—in multi- building offices complexes under single ownership or control on sites not less than 10 acres, when such fa- cility is designed primarily for use by tenants of the office complex. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. (d) Private, membership-only health clubs in multi-building office complexes under single ownership or control on sites not less than 10 acres, when such facility is de- signed primarily for use by tenants of the office com- plex. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. (e) Personal service and retail sales uses intended,pri- marily for the use of tenants and having no exterior advertising and accessible only from the lobby or inte- rior of the building, limited to: Supp. No. 56 931 Sec.X OAK BROOK CODE (1) Barbershops and beauty parlors; (2) Drugstores; (3) Tobacco shops; and (4) Newsstands—Newspapers,magazines and other peri- odicals. (Ord. No. G-275, § 1, 1-20-81) (f) Schools,post baccalaureate.(Ord.No.G-422, § 2, 12-13-88) (g) Clinics. (Ord. No. G-424. § 2, 1-24-89) . (h) Day care centers, provided such facility complies with all licensing requirements of the State of Illinois and maintains a direct alarm hookup to the Oak Brook Police Department. (Ord. No. G-448, § 3, 7-10-90) (i) Radio and television stations and production studios. (Ord. No. G-487, § 2, 5-12-92) (3) Floor Area Ratio: Not to exceed 0.45. (4) Structure Height: Not to exceed 35 feet. (5) Yards. (a) Front: Not less than 100 feet in depth—except(1)when adjacent to a residence district boundary line not less than 150 feet in depth. (b) Side: Not less than 30 feet in depth—except (1) that portion of a side yard when abutting a residence dis- trict shall not be less than 150 feet in depth, (2) a side yard abutting a street shall conform in depth to the front yard depth of a contiguous lot abutting on such street, and (3) side yards abutting 22nd Street and York Road shall have a depth of not less than 100 feet. (c) Rear: Not less than 40 feet in depth—except that por- tion of a rear yard abutting a residence district shall be not less than 150 feet in depth and except Supp. No. 56 932 • 'r APPENDIX A—ZONING Sec. X that a rear yard abutting an alley or service drive may be reduced by 20 feet in depth. (6) Awnings, Marquees and Signs: Awnings, marquees and nonflashing illuminated bushTess signs with no moving parts are permitted subject to applicable regulations set forth in other ordinances of the Village and the following: (a) All sources of light whether by direct exposure, surface reflection or transmission, having an intrinsic brightness greater than 30 foot-lamberts shall be shielded so that the source of light cannot be seen at any point within residence district. (b) Any luminous source of light, whether by direct exposure, surface reflection or transmission whose total area is larger than one square foot and which can be seen from any point within a residence district, shall not exceed a brightness value of 150 foot-lamberts. (c) No source of light shall be permitted to cause illumination in excess of one-half footcandle in a residence district. (d) A sign in direct line of vision of motorists approaching any traffic signal shall not have red, green, or amber illumination that may tend to appear as a traffic signal. (e) For a building containing less than 100,000 square feet, the gross surface area in square feet of all signs for each building on a lot shall not exceed 100 square feet. For buildings in excess of 100,000 square feet, the allowable sign area permitted shall be computed on a basis of one square foot of sign area for each 1,000 square feet of gross floor area of each building on a zoning lot with a maximum sign area not to exceed 240 square feet. Gross sign area allowed shall be applied to each build- ing and shall not be cumulative. No sign shall be erected above the height of the structure, exclud- Supp.No.19 933; Sec.X OAK BROOK CODE (c) Rear: Not less than 40 feet in depth—except that por- tion of a rear yard abutting a residence district shall be not less than 100 feet in depth and except that a rear yard abutting an alley or service drive may be reduced by 20 feet in depth. (5) Awnings,.Marquees and Signs:As in ORAL Office-Research- Assembly District. i6) Off-Street Loading and Off-Street Parking:As in Section XI of this ordinance. (Ord. No. G-213, § 4, 3-22-77; Ord. No. G-233, § 4, 5-31-78; Ord. No. G-305, § 5, 9.8-81) SECTION XI. OFF-STREET LOADING AND OFF-STREET PAR.IUIG (A) Scope of Regulations. The off-street loading and off-street parking provisions of this ordinance shall apply as follows; subject to the restrictions set forth in XIII-C: (1) Accessory off-street loading and off-street parking facilities shall be provided as required by the regulations of this section for all uses and structures established in each dis- trict after the effective date of this ordinance. However, where a building permit has been issued prior to the effec- tive date of this ordinance,and construction is begun within six (6) months after such effective date and diligently pros- - ecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this ordinance. i2) When the intensity of use of any structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of mea- surement in the amount specified herein requiring parking or loading facilities, such required parking and loading facilities for the addition be provided. Supp. No. 56 938.8 Sec. XI OAK BROOK CODE For each additional 100,000 square feet of floor area, or fraction thereof, over 100,000 square feet of floor area: One additional loading berth. (Ord. No. G-145, 6-27-72; Ord. No. G-203, § 9, 12-14-76; Ord. No. G-370, § 2, 11-26-85; Ord. No. G-380, § 2, 5-27-86) (E) Off-Street Parking. (1) Existing Parking Facilities: Accessory off-street parking facilities in existence on the effective date of this ordinance and located on the same lot as the structure or use served shall not hereafter be reduced below the requirements for a similar new structure or use under the provisions of this ordinance. (2) Location: After the effective date of this ordinance required accessory off-street parking spaces shall be located on the same lot as the principal use or structure, except when the Plan Commission recom- mends and the Board of Trustees authorizes, for a specific use, the location of ill or � -art of the required off-street parking spaces on a lot that does not contain the principal use or structure. Unless such permitted off-street parking spaces are provided by permitted collective use of accessory off-street parking spaces, for another use, they shall be located in a district where parking lots or storage garages are allowable principal uses. However, there shall be compliance with regulations set forth in Section XI-E-10 of this ordinance for required accessory parking spaces not located on the same lot as the principal use or structure. (3) Size and Aisles: A required off-street parking space shall have a width and length, exclusive of access drives or aisles, ramps, columns, or office and work areas in accord- ance with standards set forth below. Enclosed parking spaces shall have a vertical clearance of at least seven (7) feet. Each required off-street parking space shall open directly upon an aisle or driveway of a width and design in accord- ance with standards set forth below: Supp. No. 33 942 i Cn I b MINIMUM STANDARDS OF PARKING SPACES, AISLES, AND PARKING BAYS FOR PARKING 0 ACCESSORY TO OFFICE USES Minimum Space Per Car: Width 8'6" Length 17'6" Parking Space and Aisle Dimensions: lVidth of Parking Bays' Ividtli of Depth of Space Space Width of Parallel Perpendicular Width of Angle of Space to Aisle, to Aisle, Aisle Head-In to Curb, o Parking ft. and in. ft. and in. ft. and in. ft. and in. ft. and in. co 450 8 6 12 0 18 5 12 0 48 10 0 N' 600 8 6 9 10 19 5 16 0 54 10 0 1, 750 8 6 8 10 19 1 20 0 58 2 0 900 86 86 176 240 590 'Parking bay consists of two rows of parking spaces and one aisle. APPENDIX A—ZONING Sec. XI (6) Computation: When determination of the number of off-street parking spaces required by this ordinance results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space. (7) In Yards: Off-street parking spaces, open to the sky, may be located in required interior side yards and rear yards, no less than 10 feet from the nearest lot line, except a parking area containing 4 or more parking spaces shall be not less than 40 feet from an adjoining residence district boundary, provided, however, that: (i) On any lot in a B1 Local Shopping Center District and a B3 General Business District the required off-street parking spaces may be located in a front yard or side yard adjoining a street not less than 10 feet from a street line; (ii) On any lot in ORA1 or ORA2 Office-Research-Assembly District and an 03 Office District, not more than 10% of the required off-street parking spaces, not to exceed 6 spaces, may be located in front of the building or along the side of the building adjoining the street, not less than 25 feet from a street line or 50 feet from the street lines of Cermak and York Road; and (iii) On any lot in an ORA3 Office-Research-Assembly District, the location - of off-street parking spaces shall be controlled by Section X (D)(8) of this ordinance and not the provisions of this paragraph (E)(7). (Ord. No. G-141, 1-25-72; Ord. No. G-233, � 5, 5-31-78) (8) Collective Provision: Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use u served, are adhered to. (9) Design and Maintenance: (a) Open and enclosed spaces: Accessory off-street parking spaces located on the same lot as occupied Supp.No.5 943 - 1