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S-1195 - 05/22/2007 - ZONING - Ordinances Supporting DocumentsITEM 6.H. AGENDA ITEM Regular Board of Trustees Meeting of May 22, 2007 SUBJECT: Private Bank (InSite Oak Brook Limited Partnership) Variation FROM: Barbara Gosselar, Assistant Village Attorney BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I move for passage of Ordinance S -1195, An Ordinance Granting A Variation From The Provisions Of Section 13- 11 -7a -5 Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Ground Signs In Retail/Commercial Developments Containing Less Than Three (3) Acres Background/History: Per recommendation of the Zoning Board of Appeals, I have been directed by the President and Board of Trustees to draft this Ordinance which requests a variation from the sign provisions in Section 13- 11 -7A -5 to permit a ground sign on a commercial property'that is less than three (3) acres in area, located at 1603 16th Street. Recommendation: I recommend that Ordinance S -1195 be passed. '002- E Budget Adjustments 1) Engineering Services - Drainage Improvement F Resolution 2007- FI -SA -R -978 - A Corporate Authorization Resolution G Ordinance 2007- ZO -TA -G -835 - An Ordinance Amending Article A Of Chapter 7 (Business Districts) Of Title 13 (Zonmg Regulations) Of The Village Code Of The Village Of Oak Brook To Add A Permitted Use For Banks And Financial Institutions In Section 13 -7a -1 And A Special Use For Drive -In Banking Facilities In Section 13 -7a -2 Removed H Ordinance 2007- ZO -V -S -1195 - An Ordinance Granting A Variation From The Provisions Of Section 13- 11 -7a -5 Of Title 13 (Zonmg Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Ground Signs In Retail /Commercial Developments Containing Less Than Three (3) Acres - (InSite Oak Brook Limited Partnership, 1603 16th Street, Oak Brook, Illinois 60523,) PIN'S 06- 22- 409 -003 And 06 -22- 409 -013 I Ordmance 2007- ZO -V -S -1194 - An Ordinance Granting Certain Variations From The Provisions Of Section 13 -12 -3h And Section 13- 12 -4b2 Of Title 13 (Zonmg Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Yard Requirements For Off - Street Parking Spaces And Required Peripheral Permanent Screening Adjacent To Parking Areas In A Rear Yard, And Relative To Required Peripheral Permanent Screening Adjacent To Parking Areas In A Side Yard - (Oak Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010 Swift Drive, Oak Brook, Illinois 60523, P.I N 06 -24- 402 -020, 06 -24- 402 -025) J Ordinance 2007- TC- HA -PK -G -836 - An Ordinance Amending Section 7 -1 -1320 ( "Parking Fines ") Of Chapter 1 ( "Traffic Code ") Of Title' 7 ( "Motor Vehicles And Traffic "), And Exhibit C ( "Sign ! Requiring 1100- Fine ", Illinois Standard R7 -1101 ") Of Division D ( "Dimensions, Marking And Signage Of Accessible Parking Spaces ") Of Section 13 -11 -13 ( "Signs For Handicapped Parking ") Of Chapter 11 ( "Sign Regulations ") Of Title 13 ( "Zonmg Regulations ") Of The Village Code Of The Village Of Oak Brook With Respect To Minimum Parking Fines For Violation Of Regulations Governing Parking Spaces For Persons With Disabilities K Ordinance 2007 -PP -S -1193 - An Ordinance Authorizing The Sale By Public Auction Of Personal Property Owned by the Village Of Oak Brook - DuPage Mayors and Managers Conference Auction L Ordinance 2007 -PP -S -1196 - An Ordinance Authorizing The Sale, Donation Or Disposal Of Certain Items Of Personal Property Owned By The Village Of Oak Brook M Resolution 2007- BD- CL- REC -D -R -977 - A Resolution Authorizing the Destruction of Audio Recordings of Closed Meetings N Extension of Perspectives Agreement - Employee Assistance Program O DuPage Mayors and Managers Conference Dues and Annual Assessment P Treasurer's Report - April, 2007 Q Equipment Changeover of Police Vehicles 7 ITEMS REMOVED FROM CONSENT AGENDA G Ordinance 2007- ZO -TA -G -835 - An Ordinance Amending Article A Of Chapter 7 (Business Districts) Of Title 13 (Zonmg Regulations) Of The Village Code Of The Village Of Oak Brook To Add A Permitted Use For Banks And Financial Institutions In Section 13 -7a -1 And A Special Use Continued For Drive -In Bankmg Facilities In Section 13 -7a -2 to 6/12 B Ordinances & Resolutions 1) Ordinance 2007- ZO -TA -G -835 - An Ordinance Amending Article A Of Chapter 7 (Business Districts) Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook To Add A Permitted Use For Banks And Financial Institutions In Section 13 -7a -1 And A Special Use For Drive -In Banking Facilities In Section 13 -7a -2 Continued 2) Ordinance 2007- ZO -V -S -1195 - An Ordinance Granting A Variation From The Provisions Of Section 13- 11 -7a -5 Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Ground Signs In Retail/Commercial Developments Containing Less Motion to Than Three (3) Acres - (InSite Oak Brook Limited Partnership, 1603 16th Street, Oak Brook, reconsider Illinois 60523,) PIN'S 06 -22- 409 -003 And 06 -22- 409 -013 continued from May 22, 2007 failed C Award of Contracts 1_0 NEW BUSINESS A Confirmation of Appointments 1) Oak Brook Hotel, Convention and Visitors Committee Confirmed B Ordinances & Resolutions 1) Tollway Authority /Tuscan Woods Intergovernmental Agreement Continued C Award of Contracts D Police Department Employee Reorganization Approved E Amendment to Village Code Parking Fine Schedule Approved F Elevated Tank Painting Change Order No 2 Approved G NAI Hiffman - Temporary Sign - Oak Brook Promenade Approved H 2007 Polo License Agreement Don Healy, Polo Club Continued I to 06/26 i I Health, Dental, Vision, Life and AD &D Insurance, Renewal of Agreement for Third Parry Administrator and Stop Loss Insurance, and Benefit Consulting Service for the 2007/2008 Health Plan Year Approved 11 INFORMATION & UPDATES A Village President B Village Manager C Village Clerk 12 ADJOURNMENT TO CLOSED MEETING to consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or unmment (2c 11) 8 40 p in 13. ADJOURNMENT 10 24 p.m AGENDA ITEM Regular Board of Trustees Meeting of May 22, 2007 SUBJECT: Text Amendment -- Private Bank FROM: Barbara Gosselar, Assistant Village Attorney BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I Move For Passage Of Ordinance G -835, An Ordinance I Amending Article A Of Chapter 7 (Business Districts) Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook To Add A Special Use For Drive -In Banking Facilities in Section 13 -7A -2 Background /History: This ordinance grants approval of a text amendment to Article A of Chapter 7 of Title 13 of the Village Code of the Village of Oak Brook to add a special use for drive -in banking facilities in the B 1 Local Shopping Center District. Recommendation: I recommend that Ordinance G -835 be passed. 91, /1, June 8, 2007 Via E -Mail and Facsimile Mr. Robert L. Kallien Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 RE: Petition No. 2007 - 003 -ZO -TA Text Amendment to Sections 13 -7A -1 and 13 -7A -2 Of the Zoning Ordinance to Permit Banks and Financial Institutions as a Permitted Use, and Drive -In Banking Facilities as a Special Use Dear Mr. Kallien: Our office represents Petitioner, InSite Oak Brook Limited Partnership related to the above - referenced Text Amendment. This Text Amendment Ordinance is up for final vote before the Village Board on Tuesday, June 12, 2007. My client has procured a tenant for the property, and is expecting to file an Application for Conditional Use as early as next Friday. We have had several Village representatives suggest that processing the Conditional Use through the Plan Commission, Zoning Board of Appeal, and Village Board, and delaying consideration of the text amendment until final vote on the conditional use is preferred. While we have no way of knowing whether a majority of the Village Board has a consensus as it relates to this issue, my client wishes to be accommodating to those who have expressed this preference. For this reason, my client has authorized me to request that final vote on the text amendment be delayed until the Conditional Use Application can be processed and submitted to the Village Board simultaneously with the text amendment issue. Page 2 Mr. Robert L. Kallien June 8, 2007 Please let me know if this requested continuance presents any problem. Thank you in advance for your cooperation in this regard. Very truly yours, Scott M. Day SMD /ljk c: Tom Cervenka I 1�1'1 ILI, Au, "C", I,, Cf� i'0],,A!,K,' AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2007 I'I'EN 9.11. 1) ITEAM 9.11.2) SUBJECT: InSite Oak Brook Ltd. — 1603 16th Street — Text Amendments and Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director 140-p� BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: #1. I move to concur with the petitioner's request to postpone action on the ordinance for the text amendments to the B -1 District for Banks and Drive -thru facilities and place back on the agenda when final action is requested on a special use for a drive -thru bank. #2. I move to reconsider final action on the InSite Variation Ordinance for a ground sign that was approved by the Village Board on May 22, 2007, to postpone final action, and place it back on the agenda when final action is requested on the text amendments and special use for a drive -thru bank. Background /History: Staff is in receipt of a letter from Attorney Scott Day who represents InSite Oak Brook Ltd. who is requesting that the Village postpone action on the ordinance for the proposed text amendments to the B -1 District of the Zoning Ordinance for Banks and Drive -thru facilities and place it back on the agenda when final action is requested on a special use for a specific drive -thru bank. In conjunction with this request, staff is requesting that the Board reconsider final action on the InSite Variation Ordinance for a ground sign that was approved by the Village Board on May 22, 2007, postpone final action and place it back on the agenda when final action is requested on the text amendments and special use for a Drive -thru bank. The applicant has indicated that they have a bank that is interested in constructing a facility at 1603 16th Street and would be submitting a request for a special use for a drive -thru bank to the Village by June 15, 2007 with the goal of appearing before the Plan Commission in July, Zoning Board of Appeals for public hearing in August, and then on to the Village Board. At that time, the Board will Last saved by administrator I \ComDev \GPOLANEK \1 -FROM BOB \Bot - PC - ZBA\BOT- Rec- InSite -Letter Requesting Postponement -2007 doc 1. be asked to take final action on all three parts of this request (i.e., text amendments, special use and variation). Recommendation Postpone final action on the proposed text amendments and reconsider your May 22, 2007 approval of the variation for a ground sign at 1603 16th Street and postpone final action. cc: Attachments Last saved by administrator I \ComDev \GPOLANEK \I -FROM BOB \Bot - PC - ZBA \BOT- Rec- InSite- Letter Requesting Postponement -2007 doc 2. ORDINANCE 2007- ZO -TA -G -835 AN ORDINANCE AMENDING ARTICLE A OF CHAPTER 7 (BUSINESS DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ADD A PERMITTED USE FOR BANKS AND FINANCIAL INSTITUTIONS IN SECTION 13 -7A -1 AND A SPECIAL USE FOR DRIVE -IN BANKING FACILITIES IN SECTION 13 -7A -2 WHEREAS, an application has been filed requesting certain text amendments to Article A (131 Local Shopping Center District)) of Chapter 7 (Business Districts) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook, to add a permitted use for banks and financial institutions in Section 13 -7A -1 and a special use for drive -in banking facilities in Section 13 -7A -2, and WHEREAS, on April 3, 2007, the Zoning Board of Appeals conducted a public hearing on the request for such text amendments, pursuant to due and appropriate legal notice, and recommended approval of the zoning text amendments; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the 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 The recitals above are hereby incorporated into and made a part of this ordinance Section 2. Section 13 -7A -1 of the Village Code, entitled "Permitted Uses ", is hereby amended by adding the following: Banks and Financial Institutions Section 3: Section 13 -7A -2 of the Village Code, entitled "Special Uses ", is hereby amended by adding the following: Drive -In Banking Facilities Section 4 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict APPROVED THIS 22nd day of May, 2007 John W. Craig Village President PASSED THIS 22nd day of May, 2007 Ayes Nays Absent Ordinance 2007- ZO -TA -G -835 Zoning Text Amendment, Banks and Financial Institutions as Permitted Use, Drive -In Banks as Special Use in 61 District Page 2 of 2 ATTEST. Charlotte K. Pruss Village Clerk i FRED BUCHOLZ DUPAGE COUNTY RECORDER OCT.24,2007 3:57 PM OTHER 06 -22- 409 -003 004 PAGES R2007- 193302 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2007- ZO -V -S -1195 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 11 -7A -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO GROUND SIGNS IN RETAIL /COMMERCIAL DEVELOPMENTS CONTAINING LESS THAN THREE (3) ACRES Property Address /es 160316 TH STREET (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -22- 409 -003 AND 06 -22- 409 -013 Name & Address of Applicant: INSITE OAK BROOK LP 1603 16 STREET, OAK BROOK, IL 60523 Name & Address of Responsible INSITE REAL ESTATE ATTENTION: TOM CERVENKA Party to Receive Copy of 1603 16 STREET Recorded Document and Billing- OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared y: Village of Oak B 1200 Oak Brook Road Oak Brook, Illinois 60523 ! Name & Address of Recipient of Consideration (when applicable) - G/L Account # to be Charged: M Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 00. ORDINANCE 2007- ZO -V -S -1195 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 11 -7A -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO GROUND SIGNS IN RETAIL /COMMERCIAL DEVELOPMENTS CONTAINING LESS THAN THREE (3) ACRES (InSite Oak Brook Limited Partnership, 1603 16th Street, Oak Brook, Illinois 60523, PIN'S 06 -22- 409 -003 and 06 -22- 409 -013) WHEREAS, an application has been filed by InSite Oak Brook Limited Partnership (the "Petitioner"), requesting a variation from the provisions of Section 13- 11 -7A -5 (Signs in the B -1, B -3 and B -4 Commercial Districts), which permit a ground sign in a retail /commercial development only on property containing not less than three (3) acres, to allow a ground sign on a commercial property located at 1603 16th Street, and legally described herein (the "Subject Property "), which property is less than three (3) acres in area, and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 3, 2007, pursuant to due and appropriate legal notice, and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variations requested for the Subject Property conform to the standards set forth in Sections 13 -14 -6D of the Village Code, and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals 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 the Petitioner is hereby granted a variation from the provisions of Section 13-11 - 7A-5 (Signs in the B -1, B -3 and B -4 Commercial Districts), which permit a ground sign in a retail /commercial development only on property containing not less than three (3) acres, to allow a ground sign on a commercial property, being the Subject Property, that is less than three (3) acres in area Section 3 That the variation granted in Section 2 of this Ordinance shall be subject to the following conditions 1) Final design and location of the ground sign will be determined as part of any future actions taken by the Village Board with respect to consideration and approval, if any, of a special use for a drive- through banking facility on the Subject Property 2) The maximum sign area of the ground sign shall be eighty (80) square feet for a two (2)- sided sign (forty (40) square feet per side) 3) The design and construction of the sign shall be in conformance with all other provisions of Section 13 -11 -5C and 13- 11 -7A -5 of the Village Code, and the Petitioner shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. 4 Ordinance 2007- ZO -V -S -1195 Sign Variation 160316 th Street PIN'S 06 -22- 409 -003 and 06 -22- 409 - -01 Page 2 of 2 Section 4 That this Ordinance is limited and restricted to the Subject Property, which is commonly known as 1603 16th Street, Oak Brook, Illinois, Oak Brook, Illinois, and which is legally described as follows PARCEL 1 LOT 1 IN TOWN AND COUNTRY RESUBDIVISION, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN BLOCK 1 IN TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER THREE, BEING A SUBDIVISION IN THE SOUTH EAST '/4 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED SEPTEMBER 8, 1988 AS DOCUMENT R88- 101855, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2 THE NORTH Y2 OF LOT 3 IN BLOCK 1 IN TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER THREE, BEING A SUBDIVISION IN THE SOUTH EAST '/4 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED NOVEMBER 13, 1945 AS DOCUMENT 487163, IN DUPAGE COUNTY, ILLINOIS PIN'S 06 -22- 409 -003 and 06 -22- 409 -013 Section 5 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 22nd day of May, 2007. Johnraig Villa_ resident PASSED THIS 22nd day of May, 2007 Ayes. Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays Non Absent None 6Wn- On • „ to �O.f ATTEST. Charlotte K Pruss Village Clerk 0 v i cI� STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on May 22, 2007 , the corporate authorities of the above municipality passed and approved Ordinance 2007- ZO -V -S -1195, AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 11 -7A -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO GROUND SIGNS IN RETAIL /COMMERCIAL DEVELOPMENTS CONTAINING LESS THAN THREE (3) ACRES (InSite Oak Brook Limited Partnership, 1603 16th Street, Oak Brook, Illinois 60523, PIN'S 06 -22- 409 -003 and 06 -22- 409 -013) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 9th day of October, 2007 ®F 04.k IN Co 1 Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois v 6E OF 044, 49 j 1 � A A o - G 9c�00 1) rlTI Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 s —tl9so, February 18, 2008 InSite Oak Brook Limited Partnership Attention: Mr. Tom Cervenka 1603 16th Street Oak Brook, IL 60523 Re: Recorded Documents on October 24, 2007 ORDINANCE 2007- ZO- V- S- 1195/R2007- 193302 ORDINANCE 2007- ZO- SU- S- 1208/R2007- 193306 ORDINANCE 2007- ZO- V- S- 1209/R2007- 193307 1603 16TH Street Oak Brook, IL 60523 Dear Mr. Cervenka: Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, 'A "-� )--n a-ej--r Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files D Rt — S- II q 4;' /RECD0C /2008 - RECLTR -0RD 2007- ZO- V+SU- S- 1195,S- 1208 +S - 1209- INSITE -1603 16TH ST