S-1559 - 02/12/2019 - TEXT AMENDMENT - Ordinances Supporting DocumentsREG BOT 021219 Agenda Item 6.F.4 age-restricted multi family text amendment-final ord memo.doc
Page 1
ITEM 5.C.4.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 12, 2019
SUBJECT: Zoning Ordinance Text Amendment – Age-Restricted Multi-Family
Living Facilities
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1559, which
approves a Zoning Ordinance text amendment to permit and allow age-restricted
multi-family living facilities as special uses in the R-5 and B-1 zoning districts.
Background/History:
At the January 22, 2019 meeting, the Village Attorney was directed to finalize the
necessary ordinance granting approval of a text amendment to permit and allow age-
restricted multi-family living facilities as special uses in the R-5 and B-1 zoning districts.
The accompanying ordinance has been modified since the January 22nd meeting as a
result of the Board’s discussion to eliminate the B-3 zoning district from the list of
districts that would be eligible for age-restricted multi-family living facilities. In
addition, a provision has been added to subsection B of the special use standards that
requires a petitioner to assist the Village in handling the provision and/or cost of
emergency services that are specifically and uniquely attributable to the proposed
development, so as to protect the public health, safety, and welfare.
Recommendation:
Approve Ordinance S-1559
ORDINANCE 2019-ZO-TA-S-1559
AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK, ILLINOIS
REGARDING AGE-RESTRICTED MULTI-FAMILY LIVING FACILITIES
WHEREAS, the Village of Oak Brook, Illinois ("Village") is an Illinois municipal corporation
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and
WHEREAS, The Village Board of Trustees (“Petitioner”), has submitted a petition seeking
approval of a text amendment to the Zoning Ordinance of the Village of Oak Brook, Illinois (“Zoning
Ordinance”); and
WHEREAS, the Petitioner seeks to amend the Zoning Ordinance to establish regulations for age-
restricted multi-family living facilities (“Text Amendment”); and
WHEREAS, the Plan Commission reviewed the requested Text Amendment over the course of 4
public meetings and, on August 20, 2018, found that the Petitioner had satisfied the standards required for
approval of a text amendment and recommended that the President and Board of Trustees approve the
Text Amendment, subject to certain changes; and
WHEREAS, on September 26, 2018, November 6, 2018, and December 4, 2018, the Oak Brook
Zoning Board of Appeals conducted a public hearing on the requested Text Amendment, pursuant to due
and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the
Petitioner had satisfied the standards required for approval of the requested Text Amendment, subject to
certain changes; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals, and have determined that it is in the best interests
of the Village and its residents to grant the requested Text Amendment as set forth in this Ordinance.
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 hereby incorporated into, and made a part of,
this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 13-2-2 of the Zoning Ordinance. Section 13-2-2 of the
Zoning Ordinance, entitled “Definitions,” shall be amended as follows (additions underlined and deletions
noted by strikethrough):
* * *
DWELLING, DETACHED: A dwelling which is surrounded on all sides by open spaces on
the same lot.
DWELLING, MULTI-FAMILY, AGE-RESTRICTED: An age-restricted or age-targeted
development containing two (2) or more dwelling units and which may include independent
living, assisted living, or senior congregate living.
* * *
Ordinance 2019-ZO-TA-S-1559
Amending Portions of the Zoning Ordinance for
Age Restricted Multi-Family Living Facilities
Page 2 of 4
ROADWAY: That portion of a street which is used or intended to be used for the movement
of vehicles.
SENIOR CONGREGATE LIVING: Senior Congregate Living is age-restricted or age-
targeted housing for ages 55 years or older, where limited or no assistance with daily living
activities is needed by the residents and a state license is not required. Senior Congregate
Living is a level of senior housing between age-restricted independent living facilities and
assisted living facilities. The main difference between senior congregate living and assisted
living is that senior congregate living facilities do not offer assistance with daily living
activities.
SENIOR HOUSING: A multiple-family structure containing dwelling units controlled by a
public body, nonprofit corporation for persons fifty-five (55) years or older. Types of projects
that fall under this definition include: independent living; assisted living; senior congregate
living, care and residential care facilities.
Section 3: Amendment to Section 13-6E-2 of the Zoning Ordinance. Section 13-6E-2 of the
Zoning Ordinance, entitled “Special Uses” in the R5 Residence District, shall be amended as follows
(additions underlined and deletions noted by strikethrough):
13-6E-2: SPECIAL USES:
* * *
Cultural and recreational facilities: Outdoor and indoor cultural and recreational facilities
including, but not limited to, swimming pools, tennis courts, meeting facilities and other
similar facilities accessory to and owned in common by the owners of properties within a
residential development.
Multi-Family Age-Restricted Dwellings, provided that the following conditions, in addition
to those set forth in Zoning Ordinance Section 13-14-9, are met:
A. The petitioner must provide the Village with an analysis of the proposed
development’s anticipated impact on emergency services, including, without
limitation, the anticipated cost of providing those services. In accordance with
Section 1-14-1(B), all costs incurred by the Village reviewing the petitioner’s
analysis, including the costs of professional consultants, shall be borne by the
petitioner;
B. The petitioner must provide the Village with a plan addressing how emergency
service calls will be handled, including, without limitation, how the petitioner will
assist the Village in handling the provision and/or cost of emergency services that
are specifically and uniquely attributable to the proposed development, so as to
protect the public health, safety, and welfare; and
C. The petitioner must provide the Village with a market study addressing the
demand for the proposed development. The market study must take into account
the local and county demand for the proposed development.
Section 4: Amendment to Section 13-7A-2 of the Zoning Ordinance. Section 13-7A-2 of the
Zoning Ordinance, entitled “Special Uses” in the B1 Local Shopping Center District, shall be amended as
follows (additions underlined and deletions noted by strikethrough):
Ordinance 2019-ZO-TA-S-1559
Amending Portions of the Zoning Ordinance for
Age Restricted Multi-Family Living Facilities
Page 3 of 4
13-7A-2: SPECIAL USES:
* * *
Farmers' markets and/or French markets involving the sale of flowers, culinary accessories
and edible items for consumption off the premises where the sale is made provided that
the following conditions are met:
A. Sale of used or preowned items is not permitted.
B. Farmers' market and/or French market may be conducted no more than one
day per week on any property zoned for business purposes.
C. All signage and setback requirements of the underlying zoning district must be
met.
D. The property on which the farmers' market and/or French market is conducted
complies with all the parking requirements of the underlying zoning district or, in
the alternative, the petitioner demonstrates that notwithstanding any temporary
noncompliance, the conduct of the event will not impose any undue traffic or
parking burden on surrounding properties and streets; and
E. The farmers' market and/or French market is approved by the department of
community development upon application and submittal of all required information
from the property owner detailing prospective compliance with the conditions
herein.
Multi-Family Age-Restricted Dwellings, provided that the following conditions, in addition
to those set forth in Zoning Ordinance Section 13-14-9, are met:
A. The petitioner must provide the Village with an analysis of the proposed
development’s anticipated impact on emergency services, including, without
limitation, the anticipated cost of providing those services. In accordance with
Section 1-14-1(B), all costs incurred by the Village reviewing the petitioner’s
analysis, including the costs of professional consultants, shall be borne by the
petitioner;
B. The petitioner must provide the Village with a plan addressing how emergency
service calls will be handled, including, without limitation, how the petitioner will
assist the Village in handling the provision and/or cost of emergency services that
are specifically and uniquely attributable to the proposed development, so as to
protect the public health, safety, and welfare; and
C. The petitioner must provide the Village with a market study addressing the
demand for the proposed development. The market study must take into account
the local and county demand for the proposed development.
Section 5. Conflict.
All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.
Ordinance 2019-ZO-TA-S-1559
Amending Portions of the Zoning Ordinance for
Age Restricted Multi-Family Living Facilities
Page 4 of 4
Section 6. Severability
If any part, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the remaining sections, subsections and clauses shall not be affected thereby.
Section 7. Effective Date
This Ordinance shall be in full force and effect following its passage and approval as required by
law, and the provisions of the Zoning Ordinance of the Village of Oak Brook amended herein shall be
reprinted with the changes.
APPROVED THIS 12th day of February, 2019
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of February, 2019
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk