S-960 - 02/22/2000 - ZONING - Ordinances ExhibitsORDINANCE 2000- ZO- SU- EX -1 -S -960
AN ORDINANCE APPROVING FOURTH AMENDMENT TO ORDINANCE S -841
EXTENDING THE EXPIRATION DATE OF THE SPECIAL USE PERMIT GRANTED THEREIN
(1717 Oak Brook Road, Oak Brook, IL 60523)
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WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S -841,
passed February 13, 1996, (a copy of which is attached as Exhibit 1) granted a special use permit allowing use of
the property commonly known as 1717 Oak Brook Road (the so- called Peabody Mansion) as a historic facility
within the Village of Oak Brook, subject to certain conditions and restrictions; and
WHEREAS, paragraph 6 of Section 4 of Ordinance S -841, a copy of which is attached as Exhibit I,
provides that the Special Use Permit automatically expires if certificates of occupancy for buildings located on the
special use property have not been issued on or before February 13, 1998; and
WHEREAS, a licensee of the Subject Property, the Mayslake Landmark Conservancy, has, on three prior
occasion's, asked for and received from the Village Board extension to the certificate of occupancy deadlines, the
current deadline is February 13, 2000, pursuant to Ordinance 98- ZO -SU -S -893, and
WHEREAS, the owner of the subject property, the Forest Preserve District of DuPage County, Illinois, has
requested that the Village Board extend the certificate of occupancy deadline by one year, and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem the passage of this
Ordinance to �be in the best interest and in furtherance of the general welfare of the Village of Oak Brook
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully
set forth herein.
Section 2 That Section 6 of Ordinance S -841 is hereby amended to read as follows
(i6) The Special Use Permit shall automatically terminate if certificates of occupancy for buildings
located on the special use property have not been issued on or before February 13, 2001
Section 3 That all other provisions of Ordinance S -841 are in full force and effect.
Section 4 That this ordinance shall be in full force and effect from and after passage and ap
pursuant to law
PASSED THIS 22nd day of February , 2000
Ayes
Nays
Absent
Trustees Butler, Caleel, Kenny, McInerney and Savino
None
Trustee Crai
Abstain None
' APPROVED THIS 22nd day of February , 2000.
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Cr
,age terp�'�
Approved as to Form*
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Village Attorney
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Ordinance 2000- ZO- SU -EX1 -S -960
Granting Time Extension
DuPage Forest Preserve
District, Page 2
Not Published X
EXHIBIT 1 Page 1 of 5
96- ZO -SU -S- 841
AN ORDINANCE GRANTING A SPECIAL USE
FOR A HISTORIC FACILITY
(1717 Oak Brook Road, Oak Brook, IL 60521)
WHEREAS, the Forest Preserve District of DuPage County, Illinois,
hereinafter referred to as "District ", has the power to acquire and hold lands
for forest preserve purposes pursuant to the provisions of the Downstate
Forest Preserve District Act, 70 ILLS 805/0.001 et sec.; and
WHEREAS, in July of 1993 the District purchased approximately 89;7 acres
of property commonly known as Mayslake from an Association of Franciscan
Fathers of the State of Illinois; and
WHEREAS, upon the application of the District, the Village has rezoned
the Mayslake property from the R 3 " (Single - Family Detached Residence'
District) to the "CR'° (Conservation /Recreation) District pursuant to the
Village's ordinance 95- ZO- R -EX1 -S -809; and
WHEREAS, the subject Mayslake property includes two large buildings
commonly known as the Peabody Mansion, Portiuncula Chapel, and adjacent
grounds, all having a common address of 1717 Oak Brook Road; and
WHEREAS, the Mayslake Landmark Conservancy filed an application with the
Village for a text amendment to the Zoning Ordinance adding historic
facilities as a special use in the CR Zoning District and an application for a
special use permit to use the aforestated property ( "special use property ") as
a historic facility pursuant to the proposed text amendment; and
WHEREAS, a public hearing on the applications has been conducted by the
Plan Commission of the Village of Oak Brook on November 20, 1995, and said
Commission has submitted its report on the subject applications to the'Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the proposed text amendment and approval of the proposed special
use permit, subject to certain conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on December 5, 1995,
pursuant to due and appropriate legal notice, and said Board has submitted its
report on the subject applications to the President and Board of Trustees and
has recommended the approval of the proposed text amendment and special use
permit, subject to certain conditions; and
WHEREAS, pursuant to the recommendations of the Plan Commission and the
Zoning Board of Appeals, the President and Board of Trustees has passed
Ordinance 96- ZO -TA -G- 566 which amends the text of the Zoning Ordinance by
making historic facilities a special use in the CR Zoning District; and
WHEREAS, the President and Board of Trustees have reviewed the
recommendations from the Plan Commission and the Zoning Board of Appeals
Page 2of5
Ordinance 96- ZO -SU -S -841
Granting A Special Use For A
Historic Facility, Page 2
reglarding the issuance of a special use permit and concur with the
recommendations and deem the passage of this ordinance to be in the best
interest and in furtherance of the general welfare of the Village of
Oaki Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That as conditioned below, a Special Use Permit pursuant to
thel provisions of Section XIII(J) be and is hereby granted for the hist';ioric
facilities commonly known as 1717 Oak Brook Road and legally described 'below:
That part of fractional Section 34, lying North and South of the
Indian Boundary line, all in Township 39 North, Range 11 East of
the Third Principal Meridian in DuPage County, IL, described as
follows:
Commencing at the Northeast corner of Trinity Lakes Unit 1, being
a subdivision of part of the Northeast fractional quarter, lying
North and South of the Indian Boundary line in said fractional
Section 34 recorded as Document No. R79 -74435 in DuPage County,
Illinois; thence South 0 °, 45 minutes 09 seconds West along the
Easterly line of said Trinity Lakes Unit 1, a distance of 218.44
feet; thence South 34° 26 minutes 33 seconds East along said
Easterly line of Trinity Lakes Unit 1, a distance of 72.11 feet;
thence North 890 14 minutes 51 seconds East along said Easterly
line of Trinity Lakes Unit 1, a distance of 155.00 feet; thence
South 670 37 minutes 12 seconds East along said Easterly line of
Trinity Lakes Unit 1, a distance of 150.00 feet; thence South 510
34 minutes 55 seconds East along said Easterly line of Trinity
Lakes Unit 1, a distance of 150.00 feet; thence South 29° 14
minutes 56 seconds East along said Easterly line of Trinity Lakes
Unit 1, a distance of 150.00 feet; thence South 100 18 minutes 17
seconds East along said Easterly line of Trinity Lakes Unit 1, a
distance of 165.00 feet; thence South 10° 00 minutes 29 seconds
West along said Easterly line of Trinity Lakes Unit 1, a distance
of 121.83 feet; thence South 700 56 minutes east, a distance of
309 feet to the point of beginning; thence south 631 54 minutes
east, a distance of 37 feet; thence north 260 06 minutes east, a
distance of 270 feet; thence south 630 54 minutes east, a distance
of 100 feet; thence south 260 06 minutes west, a distance of 270
feet; thence south 630 54 minutes east, a distance of 70 feet;
thence south 030 32 minutes east, a distance of 325 feet; thence
north 87° 05 minutes west, a distance of 400 feet; thence north
26° 06 minutes east, a distance of 440 feet to said point of
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beginning, containing 3.2 acres more or less.
PERMANENT INDEX NUMBER: 06 -34- 200 -01S (includes other property)
Page 3,of 5
Ordinance 96- ZO -SU -S -841
Granting A Special Use For A
Historic Facility, Page 3
Section 3: That the special use property shall be available to the
public and shall be used exclusively for one or more of the following
purposes:
1. An informational and educational center for furthering the purposes
and objectives of the Forest Preserve District of DuPage County (the
"District ") in the area of natural resource conservation;
2. Historic exhibits;
3. A cultural center and place where members of the public and
organizations, public and private, may hold or take part in Hours,
lectures, meetings, conferences, classes, seminars and workshops,
catered meals, performing arts rehearsals and performances, fund
raising events, receptions and social gatherings including weddings,
baptisms and memorial services;
4. Offices for the Conservancy and related not - for - profit sub - licensees
engaged in maintaining all or part of the buildings or ground's;
5. Living quarters for caretakers and their families;
6. A gift shop; and
7. Space needed for storage or other services which are accessory to
any of the above uses or activities and /or the operation or
maintenance of the facilities;
provided, however, that no restaurant or other facility which providesIregular
food service shall be operated on the special use property.
, Section 4: That the Special Use Permit granted in Section 2 is subject
to these further conditions:
1. The daily use period for the special use property shall not begin
earlier than 7:00 a.m. nor last later than 11:00 p.m. Sunday through Thursday,
and on Friday and Saturday shall not begin earlier than 7:00 a.m. nor last
later than midnight.
2. The Conservancy or other operator of the special use property' or any
part or parts thereof shall provide the Village on or before the 15th o,f each
month with a list of events scheduled for the following month.
1 3. A minimum of 100 parking spaces shall be provided on the special use
property or on adjacent property for use in connection with activities
conducted on the special use property.
4. Noise coming from the special use property shall be subject to the
performance standards set forth below:
Page 4of5
Ordinance 96- ZO -SU -S- 841
Granting A Special Use For A
Historic Facility, Page 4
At no point on or beyond the westerly boundary line of the special use
property shall the sound pressure level of any performance or operation, coming
from! the special use property (other than background noises produced by,
sources not under control of the Conservancy and /or its approved sublicensees,
such as the operation of motor vehicles or other transportation facilities)
exceed the decibel limits in the table below:
Octave Bank Maximum Permitted Sound
Level in Decibels
Frequency in
Cycles per Second
20
to 75
72
75
to 150
67
150
to 300
59
300
to 600
52
600
to 1,200
46
1,200
to 2,400
40
2,400
to 4,800
34
Above
4,800
32
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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. Impulsive type noises shall be subject to the
limitations set forth above, provided that such noises shall be capable of
beinlg accurately measured and for the purpose of this special use permijt,
shall be those noises which cause rapid fluctuation of the needle of the sound
level meter with a variation of no more than plus or minus two 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. '
5. All utilities constructed on the special use property shall be
placed underground.
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6,. The Special Use Permit shall automatically terminate if certificates
of occupancy for buildings located on the special use property have not been
issued within two (2) years from the date of adoption of this ordinance.
7. In the event that there are more than two incidents involving' the
offenses of disorderly conduct occurring at the special use property inI any
12 -month period, this special use permit shall be subject to revocation' upon
notice and hearing. The offense of disorderly conduct is presently set forth
in Section 9 -19 of the Oak Brook Code of Ordinances, as may be amended from
time to time.
8. In the event that the two pillars at the entrance to the special use
property cannot properly accommodate emergency and other vehicles, the 'owner
will, take whatever remedial action is necessary to provide safe access for
emergency and other vehicles to the property.
Page 5 of 5
Ordinance 96- ZO -SU -S -841
Granting A Special Use For A
Historic Facility, Page 5
9. In the event that one or more of the above conditions are not met,
the Village Manager shall promptly initiate enforcement action, including, but
not limited to revocation proceedings, as may be warranted under the
circumstances.
Section 5: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of February, 1996.
Ayes: Trustees Kenny, McInerney, Payovich, Saving and Shumate
Nays:
None
Absent: Trustee Bartecki
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Abstain: None
APPROVED THIS 13th day of February, 1996
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ATTEST:',,'- -r' b
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Appr ed as to Form:
Village Attorney
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V age President
Published
Date
Not Published XX
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