S-1492 - 04/11/2017 - SPECIAL USE - Ordinances ORDINANCE 2017-ZO-SU-EX-S-1492
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
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 ("Property'l, subject to certain conditions; and
WHEREAS, on November 9, 2010 the President and Board of Trustees approved Ordinance
2010-ZO-SU-S-1300 amending Ordinance 2000-ZO-SU-S-972 and granting a special use permit to
extend the height of the existing communication tower to 95 feet, subject to certain conditions; and
WHEREAS, the Village of Oak Brook filed a petition requesting an amendment of special use
Ordinance S-972 and S-1300 in order to remove the existing 95 foot communication tower and replace it
with a new wireless communication tower to a height of 120 feet to be located approximately 25-feet north
of the existing tower; and to add an equipment shelter.
WHEREAS, at its meeting on February 13, 2017, the Plan Commission reviewed the proposed
amendment to the special use and recommended approval of the proposed special use amendment; and
WHEREAS, at its meeting on March 7, 2017 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. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Restatement and Grant of Special Use. The Village is hereby granted an
amendment to special use Ordinance 2000-ZO-SU-S-972 and Ordinance 2010-ZO-SU-S-1300 to allow
the construction of a new wireless communication tower to a height of 120 feet on the Property to be
located approximately 25 feet north of the existing tower and an equipment shelter.
Section 3. Conditions. The special use granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
A. All construction shall be in substantial conformance to the plans as submitted Exhibit A;
Ordinance 2017-ZO-V-EX-S-1492
1200 Oak Brook Road—Special Use
PIN: 006-26-400-012
Page 2 of 4
B. The proposed tower will meet all FCC and FAA governing construction requirements,
technical standards, interference protection, power and height limitations and radio frequency
standards;
C. The plans submitted to the Village for building permit shall be signed and sealed by a
structural engineer;
D. The existing 95-foot tower is to be removed upon the installation of the new tower and
completed transfer of equipment.
E. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
notwithstanding the attached exhibits.
Section 4. All other applicable provisions of Ordinance S-1300 and S-972 shall remain in full
force and effect.
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 Butler Government Center at 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 provided, however, that this Ordinance shall not come into effect and
replace prior ordinances until the time at which the Village shall enter into contracts for the construction of
the new antenna and the destruction of the old antenna.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2017-ZO-V-EX-S-1492
1200 Oak Brook Road—Special Use
PIN: 006-26-400-012
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APPROVED THIS 11th day of April, 2017. a
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of April, 2017.
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K. Pruss
;4 Village Clerk
Ordinance 2017-ZO-V-EX-S-1492
1200 Oak Brook Road—Special Use
PIN: 006-26-400-012
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EXHIBIT A
SITE PLAN