S-1300 - 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.
Background/History:
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.
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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.
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ORDINANCE 2010- ZO -SU -S -1300
AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE
FOR A VILLAGE OWNED COMMUNICATION TOWER FOR THE PROPERTY AT
1200 OAK BROOK ROAD IN THE VILLAGE OF OAK BROOK
(PIN: 06 -26- 400 -012)
WHEREAS, on September 12, 2000 the President and Board of Trustees approved Ordinance
2000- ZO -SU -S -972 granting a special use permit in connection with the expansion of an existing
municipal complex located at 1200 Oak Brook Road, subject to certain conditions; and
WHEREAS, the Village of Oak Brook filed a petition requesting an amendment of special use
Ordinance 2000- ZO -SU -S -972 in order to extend the height of the existing Village owned communication
tower located on the subject property to 95 feet; and
WHEREAS, at its meeting on October 18, 2010, the Plan Commission reviewed the proposed
text amendment; and recommended approval of the proposed special use 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 special use; and
WHEREAS, the Zoning Board of Appeals recommended approval of the special use and found
that the Petitioner satisfactorily addressed the factors required for approval of the requested special use
amendment and made specific findings, including that the special use will not endanger the public health,
safety and welfare, and that there will be no substantial injury to other property in the neighborhood; 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 special use, 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: The Village is hereby granted an amendment to special use Ordinance 2000- ZO -SU-
S -972 to allow the extension of the existing communications tower to a height of 95 feet on the property
located at 1200 Oak Brook Road
effect.
Section 3: The special use granted by this ordinance is subject to the following conditions:
All construction shall be in substantial conformance with the plans as submitted.
Prior to construction, written confirmation shall be obtained that the FAA has given its
preliminary approval for the Village owned communication tower to be extended to 95
feet in height, if required.
3. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
Section 4: All other provisions of Ordinance 2000- ZO -SU -S -972 shall remain in full force and
S1
Ordinance 2010- ZO -SU -S -1300
Village of Oak Brook — 1200 Oak Brook Road
Special Use —Village Owned Communication Tower (S -972)
PIN: 06-26400 -012
Page 2 of 2
Section 5: 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.
Section 6: All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 7: The effect of this ordinance is limited to the following property:
Oak Brook Village Commons being a resubdivision of Lot 1 in Oak Brook Village Green
Subdivision, being a subdivision of parts of the Southwest Quarter of Section 26 and Lots 1 and 5
in Oak Brook Investment Company Assessment Plat No. 3, and Lot 1 in Butler Company Spring
Road Subdivision; Unit One, being a subdivision of part of Lot 6 in Oak Brook Investment
Company Assessment Plat No. 3, and part of Lot 6 in Oak Brook Investment Company, Plat No.
3 and part of Lot 7 in Plat of Lands of F.O. and J. F. Butler, all being subdivisions in part of
Section 26, Township 39 North, Range 11, East of the Third Principal Meridian in DuPage
County, IL. PIN: 06 -26- 400 -012)
Commonly known as the northeast corner of Jorie Boulevard and Oak Brook Road, Oak Brook, IL
Section 8: This ordinance shall be in full force and effect from and after its passage, approval
and publication as provided by law.
APPROVED THIS 9th day of November, 2010.
John W. Craig
Village President
PASSED THIS 9th day of November, 2010.
ATTEST:
Charlotte K. Pruss
Village Clerk
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