G-778 - 04/26/2005 - ZONING - Ordinances Supporting Documents8 5. With regard to the outdoor dining area proposed for building K, the petitioner
testified that the additional safety mechanism added would be a low masonry wall
barrier that would provide protection as an integrated design that would be part of
the building, including pilaster and brick which would be difficult for a car to get
through and would more effectively protect patrons
6 Any future outdoor dining area that is proposed to be constructed that is not in
substantial conformance to the approved special use would be required to seek an
amendment to the special use
7 The maximum seating capacities for each outdoor dining area would be
established at time of permit per the building and life safety code as adopted by
the Village of Oak Brook
In making this recommendation, the both the Plan Commission and Zoning Board of
Appeals found that the applicant has satisfactorily addressed all applicable standards
required for a special use
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special use for an outdoor dining arrangement and authorize
the Village Attorney to draft the necessary ordinance for final consideration at the
March 22, 2005 Board of Trustees meeting VOICE VOTE Motion carried
OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD_ ROAD —
ZEXT AMENDMi
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul
Properties, Inc , seeking approval of several text amendments to the Zoning
Ordinance in order to facilitate development of the Oak Brook Promenade The
specific text amendments include Sections 13 -7A -1, 13- 7A -3(B), and 13 -3 -8 of the
Zoning Ordinance
A detailed description of each of text amendment is summarized in the following
(new language is underlined, deleted language is shown with a strike - through) Also,
the specific text amendments as requested by the applicant are contained in the case
file
Text Amendments:
Section 13 -7A -1 — add text to permitted uses — health clubs
Section 13-7A-3(B) — amend text — Structure Height Not more than thirty feet (30')
fifty feet (50') and not more than two (2) stories
Section 13 -3 -8 — amend text — No structure shall be erected, converted, expanded,
VILLAGE OF OAK BROOK Minutes Page 14 of 44 March 16,2005
IN
8 A -
reconstructed or structurally altered to exceed the height limit measured above the
natural ground level, as determined by the village engineer, for the district in which
the structure is located. However, this height limit for skylights, steeples, flagpoles,
chimneys, radio and television aerials, wireless masts, or electric and telephone
service poles anywhere in the village, and mechanical rooms, penthouses or roof
structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment, towers, water tanks, or elevators or other appurtenances anywhere in the
village except residential districts, shall be fifteen feet (15') thirty feet (30') above the
height limits of the district in which it is located and shall be for ornamental purposes
only and shall in no event be occupied
Recommendation
The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a
vote of 4 to 0 have recommended approval of several text amendments as requested
in order to facilitate construction of the proposed Oak Brook Promenade project In
making this recommendation, the Zoning Board finds that
1 The amendment to increase the maximum height of structures in the B -1 District
would have applicability to other existing parcels zoned B -1 (the two shopping
centers at the northwest and northeast corner of Route 83 and 16th Street)
2 The amendment to permit an additional 30 feet of height above the maximum
permitted by the district to accommodate the proposed tower may be appropriate
in the Oak Brook Promenade but may be excessive when compared to the other
developments in the community This provision should be limited (i e , to
redevelopment projects) and it is suggested that the Village Attorney draft
appropriate language to be included in the final ordinance
3 As presented by the applicant, the proposed increased structure height for the Oak
Brook Promenade is deemed reasonable and no evidence was presented to show
that it negatively impact adjacent property owners.
4 It may be appropriate to consider a review of the other non - residential zoning
districts to determine what changes if any should be made relative to structure
height
5 The proposed amendment to add "health clubs" as a permitted use in the B -1
District is deemed reasonable for not only the Oak Brook Promenade but any B -1
property in the Village.
6 The applicant has addressed all of the applicable factors required for a text
amendment and as explained in writing under the text amendment tab on pages 3
through 6 in the case file
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendments to the Zoning Ordinance and authorize the
Village Attorney to draft the necessary ordinance for final consideration at the March
22, 2005 Board of Trustees meeting. VOICE VOTE Motion carried.
VILLAGE OF OAK BROOK Minutes Page 15 of 44 March 16, 2005
i[:J
Item 7•M•
s I! ie 6 °11
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 12, 2005
SUBJECT: Structure Heights and Permitted Uses
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -TA -G -778, An
Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning
Reulations) of the Village Code of the Village of Oak Brook Relative to Structure Height
and Permitted Uses
Background/History:
This Ordinance: amends Section 13 -3 -8, to change the structure height from fifteen feet (15) to
thirty feet (30'); amends Section 13- 7 -A -1, to include "Health Clubs" as a permitted use; amends
13 -7A -3B to change the structure height in the B -1 District from thirty feet (30) to fifty feet
(50').
Recommendation:
I recommend that Ordinance 2005- ZO -TA -G -778 be passed.
00, 1 /,
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Last printed 4/8/2005 8 58 AM 0
6 D
Motion by Trustee Craig, seconded by Trustee Zannis, to approve the Minutes of the
Regular Board of Trustees Meeting of March 22, 2005 VOICE VOTE Motion
carried
E. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 29, 2005
Motion by Trustee Zannis, seconded by Trustee Craig, to approve the Minutes of the
Special Board of Trustees Meeting of March 29, 2005 VOICE VOTE. Motion
carried.
7 CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
President Quinlan requested a motion to continue the following Agenda Items to the next
Village Board meeting. 7 J An Ordinance Annexing Certain Territory to the Village of
Oak Brook, DuPage and Cook Counties, Illinois; 7. K An Ordinance Amending the
Zoning District Map Concerning the Oak Brook Promenade Property at 3 00 1 -3 003, 3121
Butterfield Road, Oak Brook, Illinois 60523, 7 L A Resolution Approving the Final Plat
of Consolidation Known as NAI Hiffman Butterfield Road Subdivision and Granting
Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision
Regulations ") of the Village Code of the Village of Oak Brook Relative to
Monumentation and Granting of Public Utility Easements; 7 M. An Ordinance Amending
Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Regulations) of the Village
Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses, 7 N.
An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations)
of the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign
Height, Interior Parking Lot landscaping and Off - Street Parking Regulations and 7. 0 An
Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas
Adjacent to Up to Three Restaurants
Motion by Trustee Zannis, seconded by Trustee Yusuf, to continue Agenda Items 7 J. An
Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook
Counties, Illinois; 7 K. An Ordinance Amending the Zoning District Map Concerning
the Oak Brook Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook,
Illinois 60523, 7 L. A Resolution Approving the Final Plat of Consolidation Known as
NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions
of Section 14 -6 -34 and K of Title 14 ( "Subdivision Regulations ") of the Village Code of
the Village of Oak Brook Relative to Monumentation and Granting of Public Utility
Easements; 7 M. An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(13) in
Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to
Structure Height and Permitted Uses; 7 N. An Ordinance Granting Variations from the
VILLAGE OF OAK BROOK Minutes Page 4 of 15 April 12, 2005
a
r
7 Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak
Brook Relative to Lot Area Requirement, Sign Height, Interior Parking Lot Landscaping
and Off - Street Parking Regulations and 7 0 An Ordinance Granting Special Uses to
Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants to
the next Village Board meeting of April 26, 2005. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays • 0 -None
Absent 1 - Trustee Caleel. Motion carried
Trustee Zannis requested Agenda Item 7 A 1) Kubiesa, Spiroff, Gosslear & Acker, P C
— Legal Services — February, 2005 be removed from the Consent Agenda for further
discussion.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Consent Agenda
and authorize expenditures as 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 April 8, 2005 - $319,367.19
B Approval of Payroll for Pay Period Ending March 31, 2005 - $538,434 63
C Community Development Referrals
D Authorization to Seek Bids or Proposals or Negotiate Contracts.
1) Health Benefits Consultant
E Authorization to Hire, Promote or Reassign Duties of Village Employees
1) Part-time Document Imaging Clerk
F Budget Adjustments
G Police Chief Employment Agreement
H An Ordinance Authorizing Transfers Among Budget Line Items
I U S Conference of Mayors — 2005 Annual Dues
8 ITEMS REMOVED FROM CONSENT AGENDA
7 A 1) Kubiesa, Spiroff, Gosselar & Acker, P C. — Legal Services — February, 2005
Trustee Zannis indicated that it had been requested that the format of the bills would
include initials as to who worked on the specific task. The corrected bills will be sent to
the Board in the Friday packet
Motion by Trustee Zannis, seconded by Trustee Korin, to approve the bill as presented
Ayes 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis
Nays 0 - None
Absent 1 - Trustee Caleel Motion carried.
9 BOARD & COMMISSION RECOMMENDATIONS - None presented
VILLAGE OF OAK BROOK Minutes Page 5 of 15 April 12, 2005
Item 7.M.
}
} f
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 26, 2005
SUBJECT: Structure Heights and Permitted Uses
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -TA -G -778, An
Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning
Reulations) of the Village Code of the Village of Oak Brook Relative to Structure Height
and Permitted Uses
Background /History:
This Ordinance: amends Section 13 -3 -8, to change the structure height from fifteen feet (15') to
thirty feet (30'); amends Section 13- 7 -A -1, to include "Health Clubs" as a permitted use; amends
13 -7A -3B to change the structure height in the B -1 District from thirty feet (30') to fifty feet
(50').
Recommendation:
I recommend that Ordinance 2005- ZO -TA -G -778 be passed.
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5. himself, his subdivision and friends throughout the Village expressed his gratitude to
Trustees Caleel, Korin and Zannis for their time, energy, thoughts, management skills and
efforts. He stated due to their efforts the Village will be better and he personally pleaded
to all three of them to run for re- election but each of them were not able to do so due to
other endeavors
Mario Vescovi also commended Trustees Caleel, Korin and Zannis for their dedication
and tenacity in their accomplishments They have inspired the Village residents to
become more involved in the Village political system and processes
Then Samuel Girgis also thanked the three Trustees for their efforts during their tenure
serving on the Board of Trustees. He commended them for a job well done for the long
range growth of Oak Brook.
6 APPROVAL OF MINUTE
REGULAR BOARD OF TRUSTEES MEETING OF APRIL 12, 2005
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes of the
Regular Board of Trustees Meeting of April 12, 2005.
7. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Caleel requested that Agenda Item 7 C. Community Development Referrals, 1)
Breakenridge Farm Extension — Preliminary Plat of Subdivision and Agenda Item 7. Q.
Amendment to the 2005 Salary Plan and Salary Administration Policy be removed for
further discussion.
Trustee Korin requested that Agenda Item 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P
C — Legal Services — March, 2005 - $23,703.15 be removed for further discussion
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays- 0 -None
Absent 0 - None. Motion carried
A. Accounts Payable for Period Ending April 22, 2005 - $738,021.26
Significant Items included in Above:
1) DuPage Water Commission - $152,276.09
2) Civiltech Engineering —Payout #5 — 31" Street Bike Path
VILLAGE OF OAK BROOK Minutes Page 4 of 17 April 26, 2005
15
7 B Approval of Payroll for Pay Period Ending April 9, 2005 - $593,694 71
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E Authorization to Hire, Promote or Reassign Duties of Village Employees
F Budget Adjustments
G Treasurer's Report — March, 2005
H. DuPage County Children's Center Agreement and Contribution
I York Road /Harger Road Bicycle /Pedestrian Path — Construction Engineering
Amendment No. 1
J An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and
Cook Counties, Illinois
K An Ordinance Amending the Zoning District Map Concerning the Oak Brook
Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523
L. A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman
Butterfield Road Subdivision and Granting Variations from the Provisions of Section
14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the
Village of Oak Brook Relative to Monumentation and Granting of Public Utility
M 0Easements
M An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13
(Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to
Structure Height and Permitted Uses ........................... ............................... ........
N An Ordinance Granting Variations from the Provisions of Title 13 (Zoning
Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area
Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking
Regulations
0 An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining
Areas Adjacent to Up to Three Restaurants
P. Revised Settlement Agreement in the Primeco Class Action Litigation
8 ITEMS REMOVED FROM CONSENT AGENDA
7. A 3) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services — March, 2005 -
$23,703 15
Trustee Korin stated she is agreeable to paying the bill with the exception of the last item,
the Elmhurst Builders & Developers litigation, as the Village Board had previously
passed a motion that Attorney Kubiesa would not bill the Village for time spent in this
litigation considering how it was handled and subsequently what has been done to follow
through with the litigation.
Motion by Trustee Korin, seconded by Trustee Caleel, to approve 7. A. 3) Kubiesa,
Spiroff, Gosselar & Acker, P. C. — Legal Services — March, 2005 - $23,703.15 bill with
the exception of $5,994.40 for Elmhurst Builders & Developers. ROLL CALL VOTE.
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays 0 - None.
VILLAGE OF OAK BROOK Minutes Page 5 of 17 April 26, 2005
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VILLAGE OF OAK BROOK
Inter- office Memorandum
DATE: April 28, 2005
TO: Rick Boehm
Jeff Moline
Margaret Rimbo
Dale Durfey
Meg Klinkow
Ken Kubiesa
FROM: Rose Kane, Legal Secretary
SUBJECT: Ordinance 2005- ZO -TA -G -778, AN ORDINANCE
AMENDING SECTIONS 13- 3 -8(A), 13 -7A -1 AND 13 -7A-
3(B) IN TITLE 13 (ZONING REGULATIONS) OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO STRUCTURE HEIGHT AND PERMITTED
USES
For your information, a typographical error occurred in this ordinance. The ordinance
has been corrected by the addition of `(A)' after 13 -3 -8, both in the title and in Section 1.
Attached please find a replacement first page. Thank you for your cooperation in this
matter.
ORDINANCE 2005- ZO -TA -G -778
AN ORDINANCE AMENDING SECTIONS 13- 3 -8(A), 13 -7A -1
AND 13- 7A -3(B) IN TITLE 13 (ZONING REGULATIONS)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO STRUCTURE HEIGHT AND PERMITTED USES
WHEREAS, an application has been filed requesting certain amendments to Title 13 of the
Village Code of the Village of Oak Brook with respect to structure height and permitted uses in the B -1,
Local Shopping Center District, and
WHEREAS, the Plan Commission has reviewed the request and has unanimously recommended
the approval of the zoning text amendments; and
WHEREAS, on February 1 and February 15, 2005, the Zoning Board of Appeals conducted
public hearings on the request pursuant to due and appropriate legal notice, and has recommended
approval of the zoning text amendments; and
WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the requested text amendments 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- That Section 13- 3 -8(A) (Structure Height) of the Village Code be and is hereby
deleted in its entirety and replaced as follows.
STRUCTURE HEIGHT:
A. No structure shall be erected, converted, expanded, reconstructed or structurally altered
to exceed the height limit measured above the natural ground level, as determined by the Village
Engineer, for the district in which the structure is located However, this height limit for skylights,
steeples, flagpoles, chimneys, radio and television aerials, wireless masts, or electric and
telephone service poles anywhere in the Village; and mechanical rooms, penthouses or roof
structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment,
towers, water tanks, or elevators or other appurtenances anywhere in the Village except
residential districts, shall be thirty feet (30') above the height limits of the district in which it is
located and shall be for ornamental purposes only and shall in no event be occupied Structure
height may be measured from a base elevation other than natural ground level only with the
express approval of the Village. However, an elevator housing enclosure for the purpose of
providing a single elevator access to the penthouse level not to exceed three hundred, twenty -five
(325) square feet in area may be erected to heights which do not exceed by more than twenty -
two (22) feet the height limits of the district in which it is located.
Section 2" That Section 13 -7A -1 (Permitted Uses) of the Village Code be and is hereby amended
to include "Health Clubs" as a permitted use
Section 3 That Subsection B of Section 13 -7A -3 (Lot Area Requirements) of the Village Code be
and is hereby deleted in its entirety and replaced as follows-
B Structure Height: Not more than fifty feet (50') and not more than two (2) stories