Minutes - 02/13/1978 - Board of TrusteesVILLAGE OF OAK BROOK
MINUTES OF SPECIAL MEETING
FEBRUARY 13, 1978
I CALL MEETING TO ORDER
The Special Meeting of the Board of Trustees was called to order at 7:30 p.m.
by President Howell in the Samuel E. Dean Board Room of the Village Commons.
A. Roll Call
Present: Trustees Frederick W. Brown
Wence F. Cerne
Eldon K. Glaves
Arthur W. Philip
Barbara F. Reynolds
Joseph H. Rush
President George B. Howell
II Butler Compan y - GHQ = McDonald's Zoning Amendment
President Howell presented a resume of past actions taken by the Plan Commission
on August 15, 1977, resulting in a 3 -2 vote to deny (1 member absent); the
Zoning Board of Appeals on December 6, 1977, resulting in a 4 -2 vote to deny;
and the Village Board on January 10, 1978, resulting in a 4 -3 vote to deny; and
the decision to rescind that action on January 24, 1978, with a 5 -1 vote
(1 member absent). During all the hearings, Zoning and Traffic were the
principal points for discussion.
On February 6, 1978, the Plan Commission made a recommendation that the Com-
prehensive Plan establish an OC District for the GHQ area.
The Board was presented with additional documents from Mr. David Gooder as follows:
Exhibit A - Proposed Amendments to Zoning Ordinance, dated February 11,
1978, to rezone GHQ to ORA -3
Exhibit B - Legal description for parcels to be rezoned to ORA -3
Exhibit C - Development Plan, dated February 11, 1978
Nothing was submitted on Lots 3 -9 of the Village Green Subdivision. The 317
along Oak Brook Road owned by Butler Co. would remain R -1.
'trustee Brown asked about the intent of the Board with respect to the agreement
made at the December meeting concerning the McDonald's proposal, when it was
agreed that a final decision concerning McDonald's would be made only when there
was a full Board, including the President, in attendance.
After briefly reviewing the new proposal, Trustee Brown stated that the basic
problem, which is zoning, was really unchanged; and that it was his understand-
ing that a citizens group was prepari.ug Ao sue if the McDonald's proposal is
approved. He indicated that in his opinion this deal amounts to a classic
case of what has come to be known as Contract Zoning, and as such, it is
illegal and unenforceable. He gave as the basis for his conclusion four court
cases: one from the Supreme Court, and three from Appelate Courts of Illinois.
The main thoughts contained in these cases are that individualized zoning deals
are an invalid use of the zoning power, because zoning ordinances should not
be subject to bargaining; that a zoning amendment cannot be adapted in ex-
change for promises, concessions, and contributions from landowners; that zon-
ing restrictions agreed to in exchange for a zoning amendment are unenforceable;
that contract zoning with special Ad Hoc restrictions and conditions are null
and void; and that contract zoning places the Board of Trustees in the question-
able position of bartering their legislative discretion for emoluments that have
no bearing on the merits of the requested amendment.
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February 13, 1978
He concluded by saying that if we proceed with the McDonald's deal, we would be
violating the findings of the cases cited.
('trustee Brown requested that his complete statement be made part of the minutes.)
Trustee Brown moved - seconded by Trustee Glaves...
That the Butler Company - GHQ - McDonald',s proposal be denied.
Roll call vote - Ayes: Trustees Brown and Glaves
Nays: Trustees Cerne, Philip, Reynolds, Rush, and
President Howell Not carried
Prior to the roll call, each trustee was asked to comment.
Trustee Cerne felt this new proposal is a more favorable plan; and Jorie Blvd.
is a commercial type street; and even though some of the area is zoned R,
it is not developed as such; Oak Brook Road is a residential street and should
be kept as such.
Trustee Rush stated that the motion to deny was premature, solutions had not
been presented, and it was not ready for a vote.
Trustee Reynolds questioned the results of action to rescind taken at the
meeting of January 24, 1978; and the attorney commented that by rescinding
there is no action.
Trustee Glaves indicated that this is the worst.kind of spot zoning, and he is
interested in protecting the entire Village.
Trustee Brown felt that the agreements made were unenforceable.
Trustee Philip commented that every development presented has been judged on
its merits; and the particular conditions of the property involved dictated the
decisions that were made, allowing for certain variations from the ordinance,
and even requesting improvements such as Bike Paths that would benefit the
entire Village.
President Howell commented that contract zoning is a matter of judgement, and
previous action of the Board has requested developers to provide certain public
benefits.
Attorney Bianucci cited a more recent case involving conditional zoning.
Trustee Cerne moved - seconded by Trustee Philip...
RESOLVED, that the Board of Trustees on its own motion hereby proposes that:
1. The text of the Zoning Ordinance,'6-60, as amended, of the Village
of Oak Brook shall be amended to establish a new Zoning District
ORA -3 by the adoption of the text amendment submitted herewith
marked Exhibit A; and
2. The zoning map of the Village of Oak Brook be amended to reclassify
as ORA -3 the property legally described on the two sheets submitted
herewith marked Exhibit B, except the southerly 367 feet thereof; and
3. The Development Plan submitted herewith marked Exhibit C be approved
for the property legally described on the sheets submitted herewith
marked Exhibit C; and
FURTHER RESOLVED THAT
to effectuate the consideration as required by law of the foregoing
proposals, the Board of Trustees hereby directs and requests that these
Resolutions, and the Exhibits A through C inclusive incorporated herein
by reference, be filed with the Village Clerk forthwith for concurrent
processing and consideration by the Plan Commission meeting of February 20,
1978, and the Zoning Board of Appeals meeting of March 7, 1978, and hereby
requests said bodies and staff to proceed forthwith with prompt considera-
tion of these matters.
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Roll call vote - Ayes: Trustees Cerne, Philip, Reynolds, Rush, and
President Howell
Nays: Trustees Brown and Glaves So ordered
Trustee Cerne moved - seconded by Trustee Philip...
RESOLVED, that the Board of Trustees on its own motion hereby proposes that:
The Zoning Map of the Village of Oak Brook be amended to reclassify
as R -3 the property legally described on the sheet submitted here-
with marked Exhibit D;
(Rezone the following described property to R -3:
Lots 3 to 9 inclusivQ in Oak Brook Village Green Subdivisions
being a subdivision of the Southwest 1/4 of Section 26 and Lots 1
and 5 in Oak Brook Investment Company Assessment Plat No. 3 of
part of said Section 26, Township 39 North, Range 11 East of the
Third Principal Meridian in DuPage County, Illinois.)
FURTHER, RESOLVED THAT, to effectuate the consideration as required by
law of the foregoing proposals, the Board of Trustees hereby directs
and requests that these Resolutions, and the Exhibit D inclusive in-
corporated herein by reference, be filed with the Village Clerk forth-
with for concurrent processing and consideration by the Plan Commission
meeting of February 20, 1978, and Zoning Board of Appeals meeting of
March 7, 1978, and hereby requests said bodies and staff to proceed
forthwith with prompt consideration of these matters.
Roll call vote - Ayes: Trustees Cerne, Philip, Reynolds and Rush
Nays: Trustees Brawn, Glaves and President Howell So ordered
Mr. Gooder stated that he will oppose any change for rezoning of B -1 Village
Green to Residential.
III ADJOURNMENT Time - 9:00 p.m.
Trustee Philip moved - seconded by Trustee Rush ...
To adj ourn
Voice vote - all in favor
Respectfully submitted,
Mari *me Lakosil, Village Clerk
NOTE: Court Reporter Clarence Getty of Getty & Associates,
11 S. LaSalle St., Chicago, Illinois was present to record
the meeting.
So ordered
VILLAGE OF OAK BROOK Minutes - 3 - February 13, 1978