G-938 - 11/09/2010 - ZONING - Ordinances Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
November 9, 2010
SUBJECT: Village of Oak Brook — 1200 Oak Brook Road — Communications Tower — Text
Amendments and Special Use
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to concur with the recommendation from the Plan
Commission and Zoning Board of Appeals and approve the requested text amendments to
establish a maximum height of the Village owned communications tower and approve attached
ordinance G -938;
and,
I move to concur with the recommendation from the Plan Commission and Zoning Board of
Appeals and approve the requested amendment to the existing special use to permit a 95 -foot
Village owned communications tower at 1200 Oak Brook Road and approve attached
ordinance S -1300.
Backeround/Historv:
At its meeting on November 2, 2010, the Zoning Board of Appeals held the required public hearing
on a petition from the Village of Oak Brook seeking approval of two text amendments in order to
accommodate the Village owned communication tower that currently exists on the Butler Government
Center property located at 1200 Oak Brook Road.
In addition, a second petition has been submitted seeking approval of an amendment to special use
Ordinance S -972 that was approved on September 12, 2000 for the expansion of the Butler Government
Center, which recognized the presence of a Village owned communication tower on the property. With
this amendment, the height of the existing tower would be increased to 95 feet.
J: \1 -FROM BOB\Bot -PC - ZBA\BOT- RecNOB- Communications Tower -TA -SU -Ord G -938 and S- 1300.doc
Recommendation
The Plan Commission, by separate votes of 7 to 0, and the Zoning Board, by separate votes of 7 to 0,
recommended approval of the requested text amendments and special use as proposed, subject to the
following conditions:
1. With respect to the special use, construction shall be in substantial conformance with the
plans as submitted.
2. The FAA has given its preliminary approval for the Village owned communication tower to
be expanded to 95 feet in height. Prior to installation, written confirmation should be
obtained from the FAA, if required.
3. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
In making its recommendation the Zoning Board of Appeals found that the applicant had met the
requirements to recommend approval of both a text amendments and for the special use, including
that the use will not endanger the public health, safety and welfare and that there will be no
substantial injury to other property in the neighborhood.
JAI -FROM BOB\Bot - PC - ZBA\BOT- Rec -VOB- Communications Tower -TA -SU -Ord G -938 and S- 1300.doc /t&
ORDINANCE 2010- ZO -TA -G -938
AN ORDINANCE APPROVING A TEXT AMENDMENT TO
SECTION 13 -6A -2B AND SECTION 13- 6A -3D.2 OF THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK
WHEREAS, a petition has been filed by the Village of Oak Brook for a text amendment to Section
13 -6A -2B and Section 13- 6A -3D.2 of the Zoning Ordinance in order to include text relating to Village
owned communication towers; and
WHEREAS, at its meeting on October 18, 2010, the Plan Commission reviewed the proposed
text amendment; and
WHEREAS, the Plan Commission recommended approval of the proposed text amendment; and
WHEREAS, at its meeting on November 2, 2010 the Zoning Board of Appeals conducted the
required public hearing pursuant to due and appropriate legal notice and found that the applicant had
addressed and satisfied the requirements with respect to the proposed text amendment; and
WHEREAS, the Zoning Board of Appeals recommended approval of the proposed text
amendment; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of
the Plan Commission and Zoning Board of Appeals and deem the text amendment, as set forth below, to
be in the best interests of the Village.
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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: Section 13 -6A -2B of the Zoning Ordinance relating to special uses for public utility in
the fourth paragraph is hereby amended to read as follows:
Public utility, transportation, and government facilities: Public utility, transportation,
and governmental service facilities, including municipal offices and civic centers,
public libraries, police and fire stations, public works facilities, Village owned
communication towers, conference of municipal governments and ancillary uses
(including organizations which provide consultation solely to units of local
government), and similar uses.
and;
Section 13- 6A -3D.2 of the Zoning Ordinance relating to nonresidential structure height is hereby amended
to read as follows:
Nonresidential Uses: Not more than forty -five feet (45') excluding Village owned
communications towers, which may not exceed a height of one hundred twenty feet
(120').
Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Ordinance 2010- ZO -TA -G -938
Amending Sections 13 -6A -2 and 13- 6A-3D.2
Village Owned Communication Towers
Page 2 of 2
Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 5: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Ayes:
APPROVED THIS 9`" day of November, 2010.
John W. Craig
Village President
PASSED THIS 9t' day of November, 2010.
ATTEST:
Charlotte K. Pruss
Village Clerk
G • 93Y