S-824 - 08/08/1995 - SPECIAL USE - Ordinances 95-ZO-SU-EXI-S-824
AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE
FOR EDUCATIONAL AND CULTURAL FACILITY
(3400 St. Paschal Drive)
WHEREAS, on June 13, 1995, the Village President and Board of Trustees
passed and approved Ordinance 95-ZO-SU-S-809 entitled, "An Ordinance Granting
A Special Use For Educational And Cultural Facility (3400 St. Paschal Drive)
("Original Ordinance") which granted a special use permit pursuant to the
provisions of Section XIII(J) of the Oak Brook Zoning Ordinance for the
property commonly known as 3400 St. Paschal Drive for use as an educational
and cultural facility devoted to the performing arts, music, visual arts and
crafts, subject to certain conditions and restrictions set forth in the
Ordinance, a copy of which is attached as Exhibit A; and
WHEREAS, the legal description of the property subject to the special
use permit is set forth in Section 2 of the Original Ordinance; and
WHEREAS, in considering the Original Ordinance, the Village Board
discussed the need for additional parking away from homes in the Trinity Lakes
Subdivision; and
WHEREAS, the applicants in the Original Ordinance have applied for an
amendment to the Original Ordinance which would increase the area of the
property subject to the special use permit by approximately one acre at the
east side of the special use property; and
WHEREAS, a public hearing on such application for amendment to the
Original Ordinance has. been conducted by the Plan Commission of the Village of
Oak Brook on June 19, 1995, and said Commission has submitted its report on
the subject application to the Zoning Board of Appeals and the President and
Board of Trustees, and has recommended approval of the amendment to the
Original Ordinance, and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on July 13, 1995, pursuant
to due and appropriate legal notice, and said Zoning Board has submitted its
report on the subject application to the President and Board of Trustees, and
has recommended the approval of the amendment to the Original Ordinance; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this Ordinance to be in the best interest and furtherance of the general
welfare of the Village of Oak Brook;
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: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section 2 of the Original Ordinance is amended to state
Ordinance 95-ZO-SU-EXI-S-824
Amending a Special Use for an Educational
and Cultural Facility, Page 2
as follows:
"Section 2: That as conditioned below, a special use permit
pursuant to the provisions of Section XIII(J) be and is hereby
granted for the property commonly known as 3400 St. Paschal Drive
and legally described below, for use as an educational and
cultural facility devoted to the performing arts, music, visual
arts and crafts:
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 35, Township 39
North, Range 11, East of the Third Principal Meridian, described
by commencing at the intersection of the Northerly right-of-way
line of 60-foot wide 35th Street with the Westerly right-of-way
line of F. A. Route 102 (Illinois Route 83); thence North
00 013138" West, on said Westerly line, a distance of 228.0 feet to
the place of beginning; thence South 90 000'00" West, a distance of
415.0 feet; thence North 26 014134" West, a distance of 460.0 feet;
thence North 63 045126" East, a distance of 545.0 feet; thence
North 90 000'00" East, a distance of 117.84 feet to said Westerly
line of F. A. Route 102; thence Southerly, on said Westerly line,
being a curve concave to the West with a radius of 5018.71 feet,
an arc distance of 275.03 feet to a point of tangency in said
Westerly line; thence South 00 013138" East, a distance of 372.0
feet to the place of beginning, in DuPage County, Illinois.
Permanent Index No. 06-35-100-009
Section 3: That except for the amendment to the legal description in
Section 2 of the Original Ordinance, all other provisions of the Original
Ordinance, including, but not limited to the conditions set forth in Section 3
of the Original Ordinance are and remain in full force and effect.
Section 4: That the conditions set forth in Section 3 of the Original
Ordinance are applicable to the entire property as described in the aforesaid
legal description.
Section 5: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 8th day of August, 1995.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: NnnP
Ordinance 95-ZO-SU-EXi-6-824
Amending a Special Use for an Educational
and Cultural Facility, Page 3
APPROVED THIS 8th day of August, 1995.
4., A . &W'�
V'llage President
ATTEST:
VillaRfe Clerk
'Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
atelier.ord
EXHIBIT A
95-zo-su-s-809
AN ORDINANCE GRANTING A SPECIAL USE
FOR EDUCATIONAL AND CULTURAL FACILITY
(3400 St. Paschal Drive)
WHEREAS, the Forest Preserve District of DuPage County, Illinois,
hereinafter referred to as "District", has the power to acquire and hold lands
for forest preserve purposes pursuant to the provisions of the Downstate
Forest Preserve District Act, 70 ILCS 805/0.001 et seq. ; and
WHEREAS, in July of 1993 the District purchased approximately 89.7 acres
of property commonly known as Mayslake from an Association of Franciscan
Fathers of the State of Illinois; and
WHEREAS, upon the application of the District, the Village has rezoned
the Mayslake property from the "R-3" (Single-Family Detached Residence
District) to the "CR" (Conservation/Recreation) District pursuant to the
Village's Ordinance 95-ZO-R-EX1-S- 808 ; and
WHEREAS, the Mayslake property includes several large buildings commonly
known as the Peabody Mansion, St. Francis Retreat House, Portiuncula Chapel,
and the St. Paschal Friary; and
WHEREAS, Atelier International is an Illinois not-for-profit corpora-
tion, which was incorporated for the purpose of developing and offering to all
segments of the community, social and cultural programs in the field of music,
dance and visual arts; and
WHEREAS, under Section 7b of the Downstate Forest Preserve District Act,
the District is authorized to issue licenses for any activities reasonably
connected with forest preserve purposes; and
WHEREAS, in 1989, the District's President and Board of Commissioners
passed and approved Ordinance No. 89-274 entitled, "Policy for the Licensing
of District-Owned Buildings"; and
WHEREAS, in June, 1995, the District's President and Board of Commis-
sioners passed and approved Ordinance No. 94-016 entitled, "An Ordinance
Authorizing the Execution of a License Agreement for the operation of the
St. Paschal Friary located in the Mayslake Forest Preserve" and found in said
ordinance that entering into a license agreement is reasonable, necessary and
in the public interest and welfare and further, that the License Agreement
with Atelier International complies with the requirements of Ordinance No. 89-
274; and
WHEREAS, pursuant to Ordinance No. 94-016, on or about August 1, 1994,
the District's President and Secretary executed a License Agreement with
Atelier International for the restoration, repair, operation and management of
the St. Paschal Friary; and
WHEREAS, Atelier International filed an application for a special use
permit with the Village to use the property commonly known as 3400 St. Paschal
Drive ("special use property") as an educational and cultural facility; and
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 2
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on April 17, 1995, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the issuance of such special use permit, subject to certain
conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 2, 1995, pursuant
to due and appropriate legal notice, and said Commission has submitted its
report on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such special use permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
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: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That as conditioned below, a Special Use Permit pursuant to
the provisions of Section XIII(J) be and is hereby granted for the property
commonly known as 3400 St. Paschal Drive and legally described below, for use
as an educational and cultural facility devoted to the performing arts, music,
visual arts and crafts:
That part of the Northwest Quarter of Section 35, Township 39 North, Range 11,
East of the Third Principal Meridian, described by commencing at the
intersection of the Northerly right-of-way line of 60-foot wide 35th Street
with the Westerly right-of-way line of F. A. Route 102 (Illinois Route 83) ;
thence North 00 013138" West, on said Westerly line, a distance of 425.0 feet
to the place of beginning; thence South 63 045126" West, a distance of 460.0
feet; thence North 26 114134" West, a distance of 460.0 feet; thence North
63°45'26" East, a distance of 545.0 feet; thence North 90 000100" East, a
distance of 117.84 feet to said Westerly line of F. A. Route 102; thence
Southerly, on said Westerly line, being a curve concave to the West with a
radius of 5018.71 feet, an arc distance of 275.03 feet to a point of tangency
in said westerly line; thence South 00 013138" East, a distance of 175.30 feet
to the place of beginning, in DuPage County, Illinois.
Permanent Index No. 06-35-100-009
Section 3: That the Special Use Permit granted in Section 2 is subject
to these further conditions:
1. This special use is limited to Atelier International and the
following sublicensees which have been heretofore approved by the District
which is the owner of the special use property: Vandercook college of Music,
Ordinance 95-ZO-SU-5-809
Granting A Special Use For An
Educational and Cultural Facility
Page 3
Von Heideke School of Ballet; Columbia College; Art Institute of Chicago; Lake
Shore Jazz Ensemble; Northwestern University, and such additional
organizations as shall be approved as sublicensee= by the District in the
future, provided that Atelier shall have notified the Village of Oak Brook in
care of the Village Manager, of its intent to request such approval not less
than fourteen (14) days prior to making application to the District.
2. No outdoor performances shall be conducted on the special use
property after 10:00 p.m. or before 9:00 a.m. on any day.
3. Noise coming from the special use property shall be subject to the
performance standards set forth below:
At no point on or beyond the westerly boundary line of
the special use property shall the sound pressure
level of any performance or operation coming from the
special use property (other than background noises
produced by sources not under control of Atelier
International and/or its approved sublicensees, such
as operation of motor vehicles or other transportation
facilities) exceed the decibel limits in the table
below:
Octave Band Maximum Permitted Sound
Level in Decibels
Frequency in
Cycles Per Second
20 to 75 72
75 to 150 E7
150 to 300 59
300 to 600 52
600 to 1,200 46
1,200 to 2,400 40
2,400 to 4,800 34
Above 4,800 32
Sound levels shall be measured with a sound level
meter and associated octave band filter manufactured
according to standards prescribed by the American
standards Association. Measurements shall be made
using the flat network of the sound level meter.
Impulsive type noises shall be subject to the
limitations set forth below, provided that such noises
shall be capable of being accurately measured and for
the purpose of this special use permit, shall be those
noises which cause rapid fluctuations of the needle of
the sound level meter with a variation of no more than
plus or minus two decibels. Noises incapable of being
so measured, such as those of an irregular and
intermittent nature, shall be controlled so as not to
become a nuisance to adjacent uses.
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 4
4. In the event that there are more than two incidents involving the
offense of disorderly conduct occurring at the special use property in any
twelve-month period, this special use permit shall be subject to revocation
upon notice and hearing. The offense of disorderly conduct is presently set
forth in Section 9-19 of the Oak Brook Code of Ordinances, as may be amended
from time to time.
5. The residential area for students and artists at the special use
property shall be limited to the north wing of the third floor of the so-
called friary building (see attached floor plan) and shall include Rooms C5-
C8; C11-C14; C27-C30; C31-C34, and common areas C10, C16, C17, C20 and C26.
Occupancy in this residential area shall not exceed 26.
6. Living areas for resident guards, caretakers, and/or maintenance
personnel shall be limited to the first floor of the so-called friary (see
attached floor plan) and shall include only Rooms A37-A4O and A67-A72.
Maximum capacity for resident guards, caretakers, and/or maintenance personnel
and their immediate family shall not exceed six (6) persons.
7. Parking shall be provided at the special use property per the
requirements of the Zoning Ordinance for all applicable uses and may be
constructed as the actual use of the special use property develops, provided
that not less than forty-four (44) spaces shall be provided at the time
Atelier International commences its operations.
S. Any utilities constructed on the special use property shall be
placed underground.
9. The special use shall automatically terminate if a certificate of
occupancy for the so-called friary has not been is-cued within two (2) years
from the date of adoption of this ordinance.
10. In the event that one or more of the abcve conditions, including the
conditions set forth in Section 2 are not met, the Village Manager shall
promptly initiate enforcement action, including, but not limited to revocation
proceedings, as may be warranted under the circus-c-ances.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of June, 1995.
Ayes: Trustees Bartecki, Kenny, Payovich, Savino and Shumate
Nays: None
Absent: Trustee McInerney
Abstain: None
ordinance 95-ZO-SU-5-809
Granting A Special Use For An
Educational and Cultural Facility
Page 5
APPROVED THIS 13th day of June, 1995.
it age President
ATTEST:
Vi.l-lag4 Clerk,
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
atelier.ord