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S-937 - 04/27/1999 - AGREEMENT - Ordinances Supporting Documents 3 r 04 a o f��reYfiS� '`4, VILLAGE OF OAK BROOK �I i '1100 OAK BROOK ROAD OAK imooK , ILLINOIS 60523. 2255 � PHONE. 630 490-300: April 23. 1999 FAX: 630 990.0 :6 II r MEMO TO: Village President&Board of Trustees FROM: Richard A. Martens,Village Attorney SUBJECT: Rocca-3824 York Road-Ti Me Extensions Pursuant to your direction, I have drafted four ordinances which extend from January 31, 1999 to July 31. 1999,the time within which Mr.Rocca must taks title to the property at 3824 York Road. i �be ordinances which are affected by this extension are: S-914 authorizing issuance of a certificate of appropriateness; S-915 granting a special use for a drive-in banking facility; 5-916 granting a flood plain special use;and S-917 granting variations. You will note that each ordinance states that,except for the provision pertaining to the condition imposing a deadline for Mr. Rocca to take title to the property,all other provisions of the underlying ordinances remain in full force and effect. move that all four ordinances be approved at the same time. i would suggest that the maker of the motion �I I understand you will consider these matters at your regular meeting on April 27, 1999. ! Respectfully submitted, Richard A. Martens Village Attorney FOAM:sps I!I Enclosu res cc: Stephen B.Veitch,Village Manager II Tom Hawk, Director, Community Relations ICI ROCCA ZONING MAP AMENDMENT VARIATIONS SPECIAL USE INDEX PAGE CONTENTS Ordinance S-940— Extending Expiration Date of S-917 Ordinance S-939— Extending Expiration Date of S-916 Ordinance S-938— Extending Expiration Date of S-915 Ordinance S-937— Extending Expiration Date of S-914 Board of Trustees Meeting Minutes dated 4/27/99 Board of Trustees Meeting Minutes dated 4/13/99 Ordinance G-625 Ordinance S-917 Ordinance S-916 Ordinance S-915 Ordinance S-914 Board of Trustees Meeting Minutes dated 10/27/98 Board of Trustees Meeting Minutes dated 10/13/98 Summary of Requested Relief 67-67a Informational Memo from Hawk to Board of Trustees dated 10/8/98 66-66a Letter from Attorney Gooder dated 10/7/98 re: Revisions 65 Revised Site Plan dated 9/30/98 (stamped received 10/7/98 - Supersedes Page K) 64 Letter of Support from Resident dated 10/7/98 63 Letter of Support from Resident dated 10/5/98 62 Letter of Support from Resident dated 10/8/98 61 Letter of Support from Resident dated 9/30/98 60 Letter of Support from Resident dated 10/2/98 59 Letter of Support from Resident dated 10/2/98 58 Letter of Support from Residents dated 10/2/98 57 Letter of Support from Residents dated 9/25/98 56 Memo to Board of Trustees from Veitch dated 9/15/98 re: Continuance to 10/13/98 55 Letter from Rocca dated 9/15/98 re: Continuance 54 Forest Preserve District Response to Rocca's re: Purchase of Property 9/4/98 53 Board of Trustees Meeting Minutes dated 9/8/98 52 Memo from Hawk to Board of Trustees re: Continuance and Files 51 Letter of Support dated 9/1/98 50 Board of Trustee Meeting Minutes dated 8/25/98 49 Letter from Rocca dated 8/124/98 re: Request to Table Petition 48 Letter from Fullersburg Historic Foundation re: Concerns 47 Board of Trustees Meeting Minutes dated 6/23/98 46-46a Dr. Orig's Statement at 6/23/98 Meeting. 45 Forest Preserve District Response to Rocca's request re: Purchase of Property 5/19/98 44 Oak Brook Park District Response to Rocca's Request re: Purchase of Property dated 5/19/98 43 Letter from Rocca dated 6/16/98 re: Request to Table Petition 42 Permanent Injunction - Cities Services Oil vs. VOB entered 3/8/79 41 Court Decree - Cities Services Oil vs. VOB entered 1/14/72 40 Letter from Stephen Veitch to Mr. Rocca dated 5/29/98 re: Response to Rocca's Letter dated 5/15/98 39 Board of Trustees Meeting Minutes dated 5/26/98 38 Letter of Objection from Fullersburg Woods Area Association 37 Letter of Objection from Dr. Orig 36 Memorandum from Stephen Veitch to Board of Trustees dated 5/15/98 re: Rocca's Request to Table Petition to 6/23/98 • • 35 Letter from Rocca dated 5/15/98 re: Request to Table Petition 34 Letter from Rocca dated 5/15/98 re: Village Intentions to purchase property 33-33d Board of Trustees Meeting Minutes dated 4/28/98 32 Letter of Objection from Resident dated 4/28/98 31 Letter of Objection from Resident dated 4/26/98 30 Letter of Objection from Resident dated 4/21/98 29-29a Informational Memo from Hawk to Board of Trustees dated 4/22/98 28-28a Recommendation Letter from Zoning Board of Appeals Chairman to Board of Trustees 27 Objection Letter from Oak Brook Historical Society 26 Support Letter from Resident dated 4/6/98 25-25d Zoning Board of Appeals Meeting Minutes Dated 4/7/98 24-24a Letter of Objection from Fullersburg Woods Area Association. 23-23-a Present and Proposed Structure at 3824 York Road 22 Memo from Durfey to Hawk re: Technical Aspects of Compensatory Storage 21 Objection Letter from Resident dated 4/1/98 20 Objection Letter from Oak Brook Historical Society dated 3/30/98 19 Recommendation Letter from Plan Commission Chairman to Board of Trustees and Zoning Board of Appeals 18-18b Plan Commission Meeting Minutes Dated March 16, 1998 17 Certificate of Publication dated March 19, 1998 16 Memo from Hawk re: Fence Variation 15 Letter from Dave Gooder re: Additional Variation 14 Fence Detail 13 Letter from Dave Gooder re: Additional Variation 12 Fence Detail 11-11d Informational Memo from Hawk to Zoning Board of Appeals dated March 11, 1998 10 Memo from Durfey re: Initial Plan Review 9 Resident Letter dated March 9, 1998 8 Certificate of Publication dated February 27, 1998 and March 11, 1998 7 Board of Trustees Referral Meeting Minutes dated February 24, 1998 6 Referral Memo to Board of Trustees from Hawk dated February 17, 1998 5-5g Flood Plain Special Use, DuPage County Countywide Storm Water and Flood Plain Ordinance 4-4c Variations, Zoning Ordinance, Section XIII, (G) (pages. 966-969) 3-3a Amendments, Zoning Ordinance, Section XIII (1) (pages. 970-971) 2-2f Historic Graue Mill Gateway Area, Zoning Ordinance, Section VIII-A, (E-K) (pgs. 920-4 - 920-10) 1-1b Special Uses, Zoning Ordinance, Section XIII (J) (pages 971-973) A-A3 Application/Petition and Rider A B Fee/Receipt C-C6 Surrounding Property Owners List (Rider B) D-D4 Letter of Explanation and Factors E Aerial Map Showing Surrounding Property F Intergovernmental Agreement re: Driveway dated 4/24/89 G-G1 Illinois Environmental Protection Agency letter to Mitchell dated 11/15/96 re: Further Remediation Not Necessary H-H14 Standing on Property - Contract I Landscape Plan and Plant Notes - (Not attached) J Engineering Plans K Site Plan (Superseded - see Page 65) L Front Elevation M South and North Elevation N West Elevation 0 Topographical Survey with Legal Description (Key Files Only) ORDINANCE 99-ZO-V-S-940 AN ORDINANCE AMENDING ORDINANCE S-917 BY EXTENDING THE EXPIRATION DATE OF THE VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE (3824 York Road,Oak Brook,IL 60523) WHEREAS,the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-917 granted variations from certain provisions of the Oak Brook Zoning Ordinance for the property commonly known as 3824 York Road, Oak Brook, Illinois, subject to certain conditions and restrictions; and WHEREAS, pursuant to Section 3(c)of Ordinance S-917, said variations would terminate if the contract purchaser fails to take title to the property on or before January 31, 1999; and WHEREAS,the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline for taking title by six(6)months; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook 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 Subsection (c)of Section 3 of Ordinance S-917 is hereby amended to read as follows: "(c) That the variations herein granted shall automatically terminate and be of no force or effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser;and" Section 3: That all other provisions of Ordinance S-917 are in full force and effect. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of April, 1999. Ayes: Trustees Caleel, Kenny, McInerney and President Bushy Nays: None Absent: Trustees Bartecki, Savino and Shumate Abstain: None r Ordinance 99-ZO-SU-S- 940 Granting Time Extension Rocca, 3824 York Road Page 2 APPROVED THIS 27th day of April, 1999. L Village PresidenK 0 \ ATTEST: / ' Villag Clerk Approved as to For OuHT � wliLCA Village Attomey Not Published % ORDINANCE 99-ZO-SU-FP-S-939 AN ORDINANCE AMENDING ORDINANCE S-916 BY EXTENDING THE EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE PERMIT GRANTED THEREIN (3824 York Road,Oak Brook,IL 60523) WHEREAS,the President and Board of Trustees of the Village of Oak Brook, by Ordinance S- 916, granted a flood plain special use permit for the property commonly known as 3824 York Road, Oak Brook, Illinois, subject to certain conditions and restrictions; and WHEREAS, pursuant to Section 3(4)of Ordinance S-916, said special use permit would terminate if the contract purchaser fails to take title to the property on or before January 31, 1999;and WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline for taking title by six(6)months; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook 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 29 That Subsection (4)of Section 3 of Ordinance S-916 is hereby amended to read as follows: "(4)That the flood plain special use herein granted shall automatically expire without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser;and" ,Sectio That all other provisions of Ordinance S-916 are in full force and effect. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 2nday of April, 1999. Ayes: Trustees Caleel. Kenny. McInerney and President Bushy Nays: None Absent: Trustees Bartecki. Sayino and Shumate Abstain: None Ordinance 99-ZO-SU-FP-S-939 Granting Time Extension Rocca, 3824 York Road Page 2 APPROVED THIS 27th day of April, 1999. GE OF 04,v Village President Village-Clerk �C• ��:stir ��`� / 6OU111 Appro ed as to Form: Village Attorney Not Published % ORDINANCE 99-ZO-SU-S-938 AN ORDINANCE AMENDING ORDINANCE S-915 BY EXTENDING THE EXPIRATION DATE OF THE SPECIAL USE PERMIT GRANTED THEREIN (3824 York Road,Oak Brook,IL 60523) WHEREAS,the President and Board of Trustees of the Village of Oak Brook, by Ordinance S- 915, granted a special use permit for a drive-in banking facility for the property commonly known as 3824 York Road, Oak Brook, Illinois,subject to certain conditions and restrictions;and WHEREAS, pursuant to Section 3(D)of Ordinance S-915, said special use permit would terminate if the contract purchaser fails to take title to the property on or before January 31, 1999; and WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline for taking title by six(6)months; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook 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 Subsection D of Section 3 of Ordinance S-915 is hereby amended to read as follows: "(D) That the special use permit herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and" ;fiction 3: That all other provisions of Ordinance S-915 are in full force and effect. Sgction 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of April, 1999. Ayes: Trustees Caleel. Kenny. McInerney and President Bushy Nays: None Absent: Trustees Bartecki, Savino and Shumate Abstain: None Ordinance 99-ZO-SU-S-938 Granting Time Extension Rocca, 3824 York Road Page 2 APPROVED THIS 27th day of April, 1999. Village Presiders OF 04, ATTEST: tii F+'r� ✓� - I, x�'�y.A,,.'I�` .4•} .ell VWagd Clerk 00J:lT Approved as to Form. Village Attorney Not Published R ORDINANCE 99-SD-DP+CA-S- 937 AN ORDINANCE AMENDING ORDINANCE S-914 BY EXTENDING THE EXPIRATION DATE OF THE CERTIFICATE OF APPROPRIATENESS GRANTED THEREIN (3824 York Road,Oak Brook, IL 60523) WHEREAS,the President and Board of Trustees of the Village of Oak Brook, by Ordinance S- 914, granted a Certificate of Appropriateness for the so-called Rocca Site Plan for the property commonly known as 3824 York Road, Oak Brook, Illinois,subject to certain conditions and restrictions;and WHEREAS, pursuant to Section 3(C)of Ordinance S-914, the Certificate of Appropriateness would terminate if the contract purchaser fails to take title to the property on or before January 31, 1999; and WHEREAS,the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline for taking title by six(6)months;and WHEREAS,the President and Board of Trustees of the Village of Oak Brook 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: action 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. ,9ection 2: That Subsection C of Section 3 of Ordinance S-914 is hereby amended to read as follows: "(C)That this Certificate of Appropriateness shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and" lection 3: That all other provisions of Ordinance S-914 are in full force and effect. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of April, 1999. Ayes: Trustees Caleel, Kenny, McInerney and President Bushy Nays: Hone Absent: Trustees Bartecki, Savino and Shumate Abstain: None Ordinance 99-SD-DP+CA-S-937 Granting Time Extension Rocca, 3824 York Road Page 2 APPROVED THIS 27th day of April, 1999. _ Village President OF 4k. ATTEST: Villag Jerk 4.�UiV�% Approved as to Form: L Village Attorney Not Published % 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items For Final Action): - A. APPOINTMENTS: No Business. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 99-SD-DP+CA-S-937 AN ORDINANCE ORD.99-SD-DP+CA- AMENDING ORDINANCE S-914 BY EXTENDING THE S-937 AMEND S-91 EXPIRATION DATE OF THE CERTIFICATE OF EXTEND EXPIRATIOt APPROPRIATENESS GRANTED THEREIN (3824 YORK DATE OF CERTIF. c ROAD, OAK BROOK, IL 60523): APPROPRIATENESS (3824 York Road) 2) ORDINANCE 99-ZO-SU-S-938 AN ORDINANCE ORD.99-ZO-SU- AMENDING ORDINANCE S-915 BY EXTENDING THE S-938 AMEND S-91 EXPIRATION DATE OF THE SPECIAL USE PERMIT EXTEND EXPIRATIOt GRANTED THEREIN (3824 YORK ROAD, OAK BROOK, IL DATE OF SPECIAL 1 60523): Ro PEM T (3824 Yorb 3) ORDINANCE 99-ZO-SU-FP-S-939 AN ORDINANCE ORD.99-ZO-SU-Fo_ AMENDING ORDINANCE S-916 BY EXTENDING THE S-939 AMEND I EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE EXTEND EXPIRATI% PERMIT GRANTED THEREIN (3824 YORK ROAD, OAK DATE OF FLOOD PLAIN SPECIAL USE BROOK, IL 60523): (3824 York Road) 4) ORDINANCE 99-ZO-V-S-940 AN ORDINANCE AMENDING ORD.99-ZO-V-S-94C ORDINANCE S-917 BY EXTENDING THE EXPIRATION AMEND S-917 EXTEN DATE OF THE VARIATIONS FROM THE PROVISIONS OF EXPIRATION DATE C THE ZONING ORDINANCE (3824 YORK ROAD, OAK VARIATIONS BROOK, IL 60523): (3824 York Road) Pursuant to the Village Board's direction given at the Regular meeting of April 13, 1999, Village Attorney Martens has drafted four (4) ordinances which extends from January 31, 1999 to July 31, 1999 the time within which Mr. Rocca must take title to the property at,3824 York Road. The ordinances which are affected by this extension are: S-914 authorizing issuance of a certificate of appropriateness; S-915 granting a special use for a drive-in banking facility; S-916 granting a flood plain special use; and S-917 granting variations. Each ordinance states that, except for the provision pertaining to the condition imposing a deadline for Mr. Rocca to take title to the VILLAGE OF OAK BROOK Minutes 4 of 18 April 27, 1999 property, all other provisions of the underlying ordinances remain in full force and effect. Village Attorney Martens suggested that the maker of the motion move that all four(4) ordinances be approved at the same time. Motion by Trustee McInerney, seconded by Trustee Caleel, to pass Ordinance 99-SD-DP+CA-S-937, "An Ordinance Amending Ordinance S-914 By Extending The Expiration Date Of The Certificate Of Appropriateness Granted Therein (3824 York Road, Oak Brook, IL 60523)", Ordinance 99-ZO-SU-S-938, "An Ordinance Amending Ordinance S-915 By Extending The Expiration Date Of The Special Use Permit Granted Therein (3824 York Road, Oak Brook, IL 60523)", Ordinance 99-ZO-SU-FP-S-939, "An Ordinance Amending Ordinance S-916 By Extending The Expiration Date Of The Flood Plain Special Use Permit Granted Therein (3824 York Road, Oak Brook, IL 60523)", and Ordinance 99-ZO-V-S-940, "An Ordinance Amending Ordinance S-917 By Extending The Expiration Date Of The Variations From The Provisions Of The Zoning Ordinance (3824 York Road, Oak Brook, IL 60523)", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, Savino and Shumate. Motion carried. 5) ORDINANCE 99-LC-TA-G-631 AN ORDINANCE DELETING ORD.99-LC-TA-G-61 SECTIONS 8-61 AND 8-62 OF ARTICLE II OF CHAPTER 8 DELETE SECTIONS ENTITLED. "VEHICLES FOR HIRE" OF THE CODE OF 8-61 and 8-62 OF ORDINANCES OF THE VILLAGE OF OAK BROOK. ART• II OF ILLINOIS: „CHAPTER 8, VEHICLES FOR HIRE Regulation of taxi service in the Village began in 1982 with the licensing of American Taxi as the sole taxi company authorized to originate trips in the Village. There was established at that time a limitation on the number of licensed cabs, which was increased several times over the years in response to requests from the company and support from hotels in the Village. In 1996, the Village revamped its approach to taxi regulation. The new ordinance provided for licensing of taxi companies and taxi drivers without limit as to number. The company licensing process involves registration of vehicles to be operated in the Village, which provides the means of inspecting and qualifying the cabs themselves. VILLAGE OF OAK BROOK Minutes 5 of 18 April 27, 1999 16 • • Concept design work by the architect continues for the Municipal Building project, which now includes Police, Fire Station #1, Engineering, Communications, Purchasing, Information Service and Emergency Management. On April 16, 1999, the Bath and Tennis Club will host an Italian Night beginning at 6:30 p.m. The buffet includes several Italian specialties. This event is open to all. The Bath and Tennis Club's Mother's Day Buffet is open to members only. There will be two seatings (one at 10:30 a.m. and the other at 1:30 p.m.). The second seating is almost filled at this point, so don't delay making reservations by calling 990-3025 during the business day if you wish to attend. The Bath and Tennis Club Opening Cocktail Party is open to everyone and will be held on May 28, 1999 and will feature the Gentlemen ofLeisure. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. REQUEST FOR TIME EXTENSION - 3824 YORK ROAD - TIME EXTENSION ROCCA: 3824 YORK ROAD ROCCA Trustee Savino commented that the property needs to be cleaned. Village Manager Veitch indicated that would occur, as the property is purchased. Trustee Savino recused himself due to the business relationship he has had with Rocca jewelers and left the dais at 9:55 p.m. The Village Board, in October 1998, approved a set of five (5) ordinances that enabled the redevelopment of the old gas station property at 3824 York Road. In four(4)of these ordinances,a condition was imposed requiring that Mr. Rocca take title to the property no later than January 31, 1999 with a stipulation that a time extension may be approved upon a showing of necessity. The Ordinances are: S-914 Approving the development Plan and Authorizing Issuance of a Certificate of Appropriateness S-915 Granting of a Special Use for a Drive-in Banking Facility S-916 Granting a Flood Plain Special Use S-917 Granting Variations The Village has received a request from John Romanelli, agent for Mr. Rocca, seeking a time extension. The reason given for the delay is the Forest Preserve District of DuPage County's consideration to VILLAGE OF OAK BROOK Minutes 18 of 20 April 13, 1999 • • acquire the property, which was terminated on March 2, 1999. Mr. Romanelli estimates that the closing should be accomplished within about ninety (90) days. To allow for contingencies, an extension of six (6)months should be adequate. Motion by Trustee McInerney, seconded by Trustee Kenny, to grant the requested time extension and direct the Village Attorney to draft the necessary ordinance for action at the Regular meeting of April 27, 1999. VOICE VOTE: Motion carried with Trustee Savino absent. Trustee Savino returned to the dais at 9:57 p.m. B) AMENDMENT TO TAXI ORDINANCE: AMENDMENT TO TAXI ORDINANCE Regulation of taxi service in the Village began in 1982 with the licensing of American Taxi as the sole taxi company authorized to originate trips in the Village. There was established at that time a limitation on the number of licensed cabs, which was increased several times over the years in response to requests from the company and support from the hotels. In 1996, the Village revamped its approach to taxi regulation. The new ordinance authorized taxi company licenses and taxi driver licenses (there had been no licensing requirement for drivers or investigation of driver backgrounds under the prior ordinance) without limit as to number. The company licensing process involves registration of vehicles to be operated in the Village, which provides the means of inspecting and qualifying the cabs themselves. The Village elected to retain an aggregate limit on the number of cabs that could be registered. That limit has since been raised two more times as additional taxi companies have become licensed. The first such additional company was AAA Universal, which obtained its first company license in 1997. Very recently, 303 Transportation has obtained a company license. Now a fourth company, Courtesy Cab, has indicated a desire to apply for a company license. Clearly, the market is working to provide options for Oak Brook residents and visitors in terms of taxi service. After due consideration, staff involved in the licensing process sees no reason to maintain an artificial limit on the aggregate number of cabs registered by licensed companies for operation in the Village. Staff thinks the demand for service will dictate how many vehicles are actually operating at a given time. VILLAGE OF OAK BROOK Minutes 19 of 20 April 13, 1999 4/1 ORDINANCE 98-ZO-V-S-917 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO YARDS, GROUND SIGNS, FENCES AND LOADING BERTHS (3824 York Road, Oak Brook, IL 60523) WHEREAS, in 1972, in a case entitled Cities Service Oil Company v. Village of Oak Brook, 71- 1443-G, the Circuit Court found that the setback lines imposed by the Village on the property at 3824 York Road ("Subject Property") "in effect, prevent the use" of the Subject Property"by depriving the owners of the major portion of the property on which to construct a building"; and WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of Oak Brook, 15 III.App.3d 424, 304 N.E.2d 460 (2nd Dist., 1973) wherein the Appellate Court found that the setback restrictions were "clearly unreasonable" and agreed with the Circuit Court that the Village's Zoning Ordinance as applied to the setback requirements of both parcels comprising the Subject Property was unconstitutional; and WHEREAS, an application has been filed requesting setback and other variations for the Subject Property; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and appropriate legal notice conducted a public hearing thereon on April 7, 1998; and WHEREAS, the said Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variations: 1. A variation from the provisions of Section VIII(E)(4) to reduce (a) the required front yard from 100 feet to 73 feet in width; (b) the northerly required side yard from 60 feet to 40 feet in width; (c) the southerly required side yard from 60 feet to 20 feet in width; (d) the required rear yard from 60 feet to 15 feet in width; 2. A variation from the provisions of Section VIII(E)(5) to permit construction of one freestanding ground sign on a lot less than three acres in area; said sign shall comply with the plans prepared by R. A. Mifflin Assoc. Architects, dated as last revised on September 30, 1998, incorporated herein by reference, including the symbol requirements of the Graue Mill Gateway Area; 3. A variation from the provisions of Section XI(D)(1) to provide relief from the location, size and enclosure requirements for off-street loading berths, thereby allowing loading activities in the parking lot and in a designated area adjacent to the trash enclosure; and WHEREAS, following the hearing before the Zoning Board, the applicant revised its request for the southerly required side yard from 20 feet in width to 23 feet in width; and WHEREAS, the corporate authorities of the Village of Oak Brook have considered these recommendations and findings and concur in the same since they are supported by the preponderance of evidence in the record; Rocca-Variations Ordinance 98-ZO-V-S-917 Granting Variations to the Property at 3824 York Road, Page 2 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 the variations are hereby granted from the above provisions of the Zoning Ordinance of the Village of Oak Brook as set forth in the preamble, including a 23-foot wide southerly required side yard, subject to the conditions set forth in Section 3; Section 3: That the variations are hereby granted subject to the following conditions: (a) that the improvements to the Subject Property be in substantial conformity with the Site Plan, prepared by R.A. Mifflin Assoc. Architects, as last revised September 30, 1998, incorporated herein by reference ("the Site Plan"); (b) that a fence (not more than 42" high and not less than 50% open) be constructed along the west lot line; (c) that the variations herein granted shall automatically terminate and be of no force or effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and (d) that the variations herein granted shall automatically terminate and be of no force or effect without further action by the Village Board in the event that construction of the improvements pursuant to the Site Plan has not been substantially completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That the variations herein granted pursuant to this ordinance are limited to the property located at 3824 York Road, which property is legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No. 570094), in the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South '/z of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of Ordinance 98-ZO-V-S-917 Granting Variations to the Property at 3824 York Road, Page 3 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. .' =�. '`• �}•� 'a:'F'}:yam: L 1 Village Presidpff k k7 Villagis lerk`l Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-ZO-SU-FP-EXI-S-916 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (3824 York Road, Oak Brook, IL 60523) WHEREAS,the contract purchaser of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on April 7, 1998, pursuant to due and appropriate legal notice; and WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petition since the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow occupancy and reconfiguration of the flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory storage shall be located in a dry basin at the north end of the property in substantial conformity with the Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised March 13, 1998, said property being legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Rocca-FPSU s • Ordinance 98-ZO-SU-FP-EXI-S-916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 2 Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning;thence still along said center line of Spring Road, a distance of 85.0 feet to a point,thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 3: That this special use permit is subject to the following conditions: (1) That all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building code and in accordance with the requirements for flood resistant construction as set forth in Section 2102.0 of the BOCA National Building Code; (2) That the property be developed and maintained in substantial conformity with the Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised October 26, 1998, the landscaping plan and building elevation drawings as submitted, hereby incorporated by reference; (3) That the flood plain special use be subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities; (4) That the flood plain special use herein granted shall automatically expire without further action by the Village Board in the event that the contract purchaser(Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and (5) That the flood plain special use herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that all land modifications on the Subject Property have not been completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ordinance 98-ZO-SU-FP-EX1-S- 916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 3 Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny: Trustee Saving (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. GJzz:: - %' = Village President .ATTEST: '. \ (�f , V�Uage.: lerk r� -4p_PLq_V a'to Form: a- Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-ZO-SU-S-215 AN ORDINANCE GRANTING A SPECIAL USE FOR A DRIVE-IN BANKING FACILITY (3824 York Road, Oak Brook, IL 60523) WHEREAS, the contract purchaser of the property at 3824 York Road has applied to the Village for a special use to permit construction of a drive-in banking facility; and WHEREAS, the Plan Commission on March 16, 1998 recommended approval of the requested special use subject to certain conditions; and WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 7, 1998 pursuant to due and appropriate legal notice; and WHEREAS, the Zoning Board of Appeals made its findings and unanimously recommended approval of the requested Special Use subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the Zoning Board of Appeals and Plan Commission 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, subject to the conditions set forth below. 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 a special use, pursuant to Section VIII(D)(2)(d) is granted to permit the construction of a drive-in banking facility at the property commonly known as 3824 York Road and legally described as follows: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No. 570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes Rocca-Special Use Ordinance 98-ZO-SU-S-915 Granting a Special Use for a Drive-In Banking Facility 3824 York Road, Page 2 East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 3: That the special use permit herein granted pursuant to Section 2 of this ordinance is expressly subject to compliance with the following conditions: A. That the drive-in banking facility be constructed substantially in conformance with the Site Plan prepared by R.A. Mifflin Assoc. Architects, as last revised September 30, 1998, hereby incorporated by reference; B. That the contract purchaser alleviate any traffic stacking problems should they develop, as determined by the Village; C. That the special use permit herein granted shall automatically lapse and expire at such time as the use of the subject property ceases to include a banking facility; D. That the special use permit herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and E. That the special use permit herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that construction of the drive-in banking facility has not been substantially completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. Villag resident s • Ordinance 98-ZO-SU-S-915 Granting a Special Use for a Drive-In Banking Facility 3824 York Road, Page 3 Jai./,`•t,!•✓�r?�t•,'t\\ ATTEST: w ,1 ` lagerrti Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-SD-DP+CA-EX2-S-914 ORDINANCE APPROVING DEVELOPMENT PLAN AND AUTHORIZING ISSUANCE OF CERTIFICATE OF APPROPRIATENESS (3824 York Road, Oak Brook, IL 60523) WHEREAS, the contract purchaser of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois,for a Certificate of Appropriateness and provided the Village with a plan for a certain development in the Historic Graue Mill Gateway Area (Rocca Development) under Section VIII-A of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended; and WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of the Village on March 16, 1998, pursuant to due and appropriate legal notice; and WHEREAS, after reviewing the Rocca Development Site Plan, the Plan Commission recommended that said plan be approved and that a Certificate of Appropriateness be issued subject to certain conditions; and WHEREAS, the corporate authorities of the Village of Oak Brook 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 subject to the conditions set forth below, the Rocca Site Plan is approved, as said plan is appropriate to the development of the Historic Graue Mill Gateway area, is consistent with the area's historic nature, and has been evaluated pursuant to the applicable standards set forth in Section VIII-A(F)and (G)of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended. Section 3: That because the Rocca Site Plan meets the intent and purpose of the Historic Graue Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth below. A. That all land modifications, landscaping and construction on the Subject Property be done in substantial conformity with (1)the Site Plan prepared by R.A. Mifflin Assoc.Architects, as last revised September 30, 1998, a copy of which is attached hereto, labeled Exhibit A, and made a part hereof; and (2)the Elevations drawn by the same firm dated February 16, 1998, copies of which are attached hereto, labeled Exhibit B (collectively, "the Plans"); B. That pursuant to Section VIII-A(G) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended, in order to ensure an adequate and pleasant natural environment, a sum of money equal to not less than five (5) percent of the total project construction cost, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping upon the grounds, which budgeted amount shall be expended to comply with the provisions of subsections (F)(4) and (F)(5) of Section VIII-A. The contract purchaser(developer) shall furnish the Building Commissioner with paid bills to insure compliance with this condition; Rocca-Cert.Of Approp. Ordinance 98-SD-DP+CA-EX2-S-914 Approving the Rocca Development Plan and Issuing Certificate of Appropriate- ness, Page 2 C. That this Certificate of Appropriateness shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and D. That this Certificate of Appropriateness shall automatically terminate and be of no force and effect without further action by the Village Board in the event that construction of the improvements pursuant to the Plans has not been substantially completed by December 31, 2000. The foregoing completion date may be extended by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That the Certificate of Appropriateness herein issued pursuant to this ordinance is limited to the property located at 3824 York Road, which property is legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No. 570094), in the South Ys of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this ordinance. PASSED THIS 27th day of October, 1998. Ordinance 98-SD-DP+CA-EX2-S-914 Approving the Rocca Development Plan and Issuing Certificate of Appropriate- ness, Page 3 Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (RPcused) Abstain: None APPROVED THIS 27thday of October, 1998. Village Presid t I ATTEST. 31 Village•. erg; -"Appro � as to Form: Village Attorney Published Date Paper Not Published Xx Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-ZO-MA+R-EX1-G-625 AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF OAK BROOK (3824 York Road, Oak Brook, IL 60523) WHEREAS,the property commonly known as 3824 York Road ("Subject Property")consists of two contiguous parcels improved with a boarded-up service station, the permanent parcel numbers for which are 06-36-308-013 and 06-36-308-014; and WHEREAS, the northerly parcel is zoned R-3, Single-Family Detached Residence District, and the southerly parcel is zoned B-3, General Business District; and WHEREAS, in 1972 in a case entitled Cities Service Oil Company v. Village of Oak Brook. 71- 1443-G, the Circuit Court found that with respect to the northerly parcel, "the zoning of the Village of Oak Brook for residential use is not compatible with the character of the neighborhood and existing uses therein, and has no tendency to promote the health, safety, morals, convenience and general welfare of the citizens of the Village of Oak Brook," and further found that the"general character of the neighborhood is business"; and WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v.Village of Oak Brook. 15 III.App. 3d 424, 304 N.E.2d 460 (2nd Dist., 1973),wherein the Appellate Court found that with respect to the northerly parcel the existing uses of the area were basically commercial with considerable public use for forest preserve purposes, including the historic Graue Mill site, and with comparatively few residential uses and went on to state: "The area cannot be characterized as solidly residential, but rather is developing commercial; and any damage to the property of the surrounding area has already been done by existing commercial use," 15 III.App. 3d at 430; and WHEREAS, on February 16, 1998, an application was filed with the Village Clerk of the Village of Oak Brook requesting that the northerly parcel be rezoned from R-3 to B-3, thereby avoiding split zoning as depicted on the attached map; and WHEREAS, on February 24, 1998, the corporate authorities referred the application to the Plan Commission and the Zoning Board of Appeals for public hearings; and WHEREAS, at its meeting of March 16, 1998, the Plan Commission recommended to the Village Board that the application be approved; and WHEREAS, a public hearing was held by the Zoning Board of Appeals on April 7, 1998, pursuant to due and appropriate legal notice; and WHEREAS, at the public hearing on April 7, 1998, the Zoning Board of Appeals made certain findings and recommended to the Village Board that the application be approved; and WHEREAS, the President and Board of Trustees concur with the Plan Commission and Zoning Board of Appeals and find that it is in the best interests of the Village that the northerly parcel within the Village of Oak Brook be rezoned from R-3 to B-3. 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: Rocca-Map Amendment Ordinance 98-ZO-MA+R-EX1-G-625 Amending the Zoning Map 3824 York Road, Page 2 Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: The zoning map of the Village of Oak Brook is hereby amended to change the designation from R-3 to B-3 for the property legally described as follows: Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey(Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the SouthY2 of Section 36,Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 3: That the Village Clerk is hereby directed to amend the"Official Map of Zoning Districts of the Village of Oak Brook" in accordance with the map attached hereto, labeled Exhibit A, and made a part hereof. Section 4: All ordinances, rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict and only as they apply to the specific properties hereinbefore described. Section 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. PASSED THIS 27th day of October, 1998. Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. Village President Ordinance 98-ZO-MA+R-EX1-G-6 2 5 Amending the Zoning Map 3824 York Road, Page 3 t1� s. �.r;�• 'tri I! Approved as to Form: dlage Attorney Published 10-28-98 Pamphlet form Date Paper Not Published ORDINANCE 98-ZO-V-S-917 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO YARDS, GROUND SIGNS, FENCES AND LOADING BERTHS (3824 York Road, Oak Brook, IL 60523) WHEREAS, in 1972, in a case entitled Cities Service Oil Company v. Village of Oak Brook, 71- 1443-G,the Circuit Court found that the setback lines imposed by the Village on the property at 3824 York Road ("Subject Property") "in effect, prevent the use" of the Subject Property"by depriving the owners of the major portion of the property on which to construct a building"; and WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of Oak Brook, 15 III.App.3d 424, 304 N.E.2d 460 (2nd Dist., 1973) wherein the Appellate Court found that the setback restrictions were "clearly unreasonable"and agreed with the Circuit Court that the Village's Zoning Ordinance as applied to the setback requirements of both parcels comprising the Subject Property was unconstitutional; and WHEREAS, an application has been filed requesting setback and other variations for the Subject Property; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and appropriate legal notice conducted a public hearing thereon on April 7, 1998; and WHEREAS, the said Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variations: 1. A variation from the provisions of Section VIII(E)(4) to reduce (a) the required front yard from 100 feet to 73 feet in width; (b) the northerly required side yard from 60 feet to 40 feet in width; (c) the southerly required side yard from 60 feet to 20 feet in width; (d) the required rear yard from 60 feet to 15 feet in width; 2. A variation from the provisions of Section VIII(E)(5) to permit construction of one freestanding ground sign on a lot less than three acres in area; said sign shall comply with the plans prepared by R. A. Mifflin Assoc. Architects, dated as last revised on September 30, 1998, incorporated herein by reference, including the symbol requirements of the Graue Mill Gateway Area; 3. A variation from the provisions of Section XI(D)(1) to provide relief from the location, size and enclosure requirements for off-street loading berths, thereby allowing loading activities in the parking lot and in a designated area adjacent to the trash enclosure; and WHEREAS, following the hearing before the Zoning Board, the applicant revised its request for the southerly required side yard from 20 feet in width to 23 feet in width; and WHEREAS, the corporate authorities of the Village of Oak Brook have considered these recommendations and findings and concur in the same since they are supported by the preponderance of evidence in the record; Rocca-Variations Ordinance 98-ZO-V-S-917 Granting Variations to the Property at 3824 York Road, Page 2 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 the variations are hereby granted from the above provisions of the Zoning Ordinance of the Village of Oak Brook as set forth in the preamble, including a 23-foot wide southerly required side yard, subject to the conditions set forth in Section 3; Section 3: That the variations are hereby granted subject to the following conditions: (a) that the improvements to the Subject Property be in substantial conformity with the Site Plan, prepared by R. A. Mifflin Assoc. Architects, as last revised September 30, 1998, incorporated herein by reference ("the Site Plan"); (b) that a fence (not more than 42" high and not less than 50% open) be constructed along the west lot line; (c) that the variations herein granted shall automatically terminate and be of no force or effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and (d) that the variations herein granted shall automatically terminate and be of no force or effect without further action by the Village Board in the event that construction of the improvements pursuant to the Site Plan has not been substantially completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That the variations herein granted pursuant to this ordinance are limited to the property located at 3824 York Road, which property is legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of • r Ordinance 98-ZO-V-S-917 Granting Variations to the Property at 3824 York Road, Page 3 85.0 feet to a point,thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. Ix cli�A -e"Iea� Village Presidpq ( <� ATTEST II:.J pillap leak Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 • i ORDINANCE 98-ZO-SU-FP-EX1-S-916 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (3824 York Road, Oak Brook, IL 60523) WHEREAS, the contract purchaser of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on April 7, 1998, pursuant to due and appropriate legal notice; and WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petition since the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS,the corporate authorities of the Village of Oak Brook 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow occupancy and reconfiguration of the flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory storage shall be located in a dry basin at the north end of the property in substantial conformity with the Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised March 13, 1998, said property being legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Rocca-FPSU Ordinance 98-ZO-SU-FP-EXI-S-916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 2 Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning;thence still along said center line of Spring Road, a distance of 85.0 feet to a point,thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point,thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 3: That this special use permit is subject to the following conditions: (1) That all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building code and in accordance with the requirements for flood resistant construction as set forth in Section 2102.0 of the BOCA National Building Code; (2) That the property be developed and maintained in substantial conformity with the Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised October 26, 1998, the landscaping plan and building elevation drawings as submitted, hereby incorporated by reference; (3) That the flood plain special use be subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities; (4) That the flood plain special use herein granted shall automatically expire without further action by the Village Board in the event that the contract purchaser (Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and (5) That the flood plain special use herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that all land modifications on the Subject Property have not been completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ordinance 98-ZO-SU-FP-EX1-S- 916 Granting a Flood Plain Special Use Permit, 3824 York Road, Page 3 Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Saving (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. Village President f :ATTEST: yVil age..: lerk%;; ��4.ppr4ve ��to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-ZO-SU-S-315 AN ORDINANCE GRANTING A SPECIAL USE FOR A DRIVE-IN BANKING FACILITY (3824 York Road,Oak Brook, IL 60523) WHEREAS, the contract purchaser of the property at 3824 York Road has applied to the Village for a special use to permit construction of a drive-in banking facility; and WHEREAS, the Plan Commission on March 16, 1998 recommended approval of the requested special use subject to certain conditions; and WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 7, 1998 pursuant to due and appropriate legal notice; and WHEREAS, the Zoning Board of Appeals made its findings and unanimously recommended approval of the requested Special Use subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the Zoning Board of Appeals and Plan Commission 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, subject to the conditions set forth below. 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 a special use, pursuant to Section VIII(D)(2)(d) is granted to permit the construction of a drive-in banking facility at the property commonly known as 3824 York Road and legally described as follows: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No. 570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey(Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes Rocca-Special Use Ordinance 98-ZO-SU-S-915 Granting a Special Use for a Drive-In Banking Facility 3824 York Road, Page 2 East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 3: That the special use permit herein granted pursuant to Section 2 of this ordinance is expressly subject to compliance with the following conditions: A. That the drive-in banking facility be constructed substantially in conformance with the Site Plan prepared by R. A. Mifflin Assoc. Architects, as last revised September 30, 1998, hereby incorporated by reference; B. That the contract purchaser alleviate any traffic stacking problems should they develop, as determined by the Village; C. That the special use permit herein granted shall automatically lapse and expire at such time as the use of the subject property ceases to include a banking facility; D. That the special use permit herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and E. That the special use permit herein granted shall automatically terminate and be of no force and effect without further action by the Village Board in the event that construction of the drive-in banking facility has not been substantially completed by December 31, 2000. The foregoing completion date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 27th day of October, 1998. Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Trustee Kenny; Trustee Savino (Recused) Abstain: None APPROVED THIS 27th day of October, 1998. Villag resident Ordinance 98-ZO-SU-S-915 Granting a Special Use for a Drive-In Banking Facility 3824 York Road, Page 3 ATTEST: Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 ORDINANCE 98-SD-DP+CA-EX2-S-914 ORDINANCE APPROVING DEVELOPMENT PLAN AND AUTHORIZING ISSUANCE OF CERTIFICATE OF APPROPRIATENESS (3824 York Road,Oak Brook, IL 60523) WHEREAS, the contract purchaser of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Certificate of Appropriateness and provided the Village with a plan for a certain development in the Historic Graue Mill Gateway Area (Rocca Development) under Section VIII-A of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended; and WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of the Village on March 16, 1998, pursuant to due and appropriate legal notice; and WHEREAS, after reviewing the Rocca Development Site Plan, the Plan Commission recommended that said plan be approved and that a Certificate of Appropriateness be issued subject to certain conditions; and WHEREAS, the corporate authorities of the Village of Oak Brook 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 subject to the conditions set forth below, the Rocca Site Plan is approved, as said plan is appropriate to the development of the Historic Graue Mill Gateway area, is consistent with the area's historic nature, and has been evaluated pursuant to the applicable standards set forth in Section VIII-A(F) and (G) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended. Section 3: That because the Rocca Site Plan meets the intent and purpose of the Historic Graue Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth below. A. That all land modifications, landscaping and construction on the Subject Property be done in substantial conformity with (1)the Site Plan prepared by R. A. Mifflin Assoc. Architects, as last revised September 30, 1998, a copy of which is attached hereto, labeled Exhibit A, and made a part hereof; and (2)the Elevations drawn by the same firm dated February 16, 1998, copies of which are attached hereto, labeled Exhibit B (collectively, "the Plans"); B. That pursuant to Section VIII-A(G) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended, in order to ensure an adequate and pleasant natural environment, a sum of money equal to not less than five(5) percent of the total project construction cost, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping upon the grounds, which budgeted amount shall be expended to comply with the provisions of subsections (F)(4) and (F)(5) of Section VIII-A. The contract purchaser(developer)shall furnish the Building Commissioner with paid bills to insure compliance with this condition; Rocca-Cert.Of Approp. Ordinance 98-SD-DP+CA-EX2-S-914 Approving the Rocca Development Plan and Issuing Certificate of Appropriate- ness, Page 2 C. That this Certificate of Appropriateness shall automatically terminate and be of no force and effect without further action by the Village Board in the event that the contract purchaser (Alan Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999. The foregoing conveyance date may be extended without public hearing by the President and Board of Trustees upon a showing of necessity by the contract purchaser; and D. That this Certificate of Appropriateness shall automatically terminate and be of no force and effect without further action by the Village Board in the event that construction of the improvements pursuant to the Plans has not been substantially completed by December 31, 2000. The foregoing completion date may be extended by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That the Certificate of Appropriateness herein issued pursuant to this ordinance is limited to the property located at 3824 York Road, which property is legally described as: Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No. 570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this ordinance. PASSED THIS 27th day of October, 1998. Ordinance 98-SD-DP+CA-EX2-S-914 Approving the Rocca Development Plan and Issuing Certificate of Appropriate- ness, Page 3 Ayes: Trustees Bartecki, Caleel, McInerney and Shumate Nays: None Absent: Tr„GrPP Kenny, Triistpp Savino (R rused) Abstain: Nin,. f APPROVED THIS 27thday of October, 1998. Village PresidpKt Village: ergs- 74po as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Alan Rocca Address: 114 Canterbury Lane Oak Brook, IL 60523 PIN: 06-36-308-013 and 06-36-308-014 • W MIDWESTERN UNIVERSITY Chicago College of Osteopathic Medicine Chicago College of Pharmacy College of Allied Health Professions TAMARA C. SCHUSTER Marketing Representative 555 31st Street Downers Grove,IL 60515 708/971.6096 4) DNB CONSTRUCTION COMPANY - PAYOUT#1 - 1998 1998 DRAINAGE DRAINAGE PROJECT -$47.521.89: Approved Omnibus PROJECT Vote. E. REFERRALS: None. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No Business. G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S SEPTEMBER, 1998: Approved Omnibus Vote. REPORT-SEPT. '9E H. APPROVAL OF AMENDMENT TO CONSTRUCTION MENDMENT TO ENGINEERING SERVICES AGREEMENT FOR FEDERAL ENGINEERING PARTICIPATION - PHASE III ENGINEERING - YORK ROAD SERVICES ?,GMT. - BICYCLE/PEDESTRIAN TRAIL PROJECT: Approved Omnibus YORK RokD BIKE pp Vote. TRAIL, PH-A.SE III 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: No Business. B. ORDINANCES & RESOLUTIONS: Trustee Savino recused himself at 7:45 p.m. due to the business relationship he has had with Rocca jewelers. Patrick Mauro, 38 Mockingbird Lane, addressed the Village Board, for the record, as a resident and voting citizen that it is a mistake for the Village to proceed with the approval of the Rocca project and that the Forest Preserve District should be involved in the purchase of the property. He further voiced his opposition to the drive-in facility for the bank and that this concept is inappropriate for the area. 1) ORDINANCE 98-ZO-MA+R-EX 1-G-625 AN ORDINANCE ORD.98-ZQ-'--%+R- AMENDING THE ZONING MAP OF THE VILLAGE OF OAK E\1-G-625 BROOK (3824 YORK ROAD. OAK BROOK. IL 60523): ArtENT DING ZONING "_'? Discussed and direction given at the Regular meeting of October 13, (3824 1'0:=: Road) 1998. The ordinance rezones the northerly parcel of 3824 York Road from R-3 to 13-3. The southerly parcel at this address is already zoned B-3. Note the third and fourth "WHEREAS" clauses regarding VILLAGE OF OAK BROOK Minutes 3 of 11 October 27, 1998 ''11� Motion by Trustee Shumate, seconded by Trustee McInerney, to pass Ordinance 98-SD-DP+CA-EX2-S-914, "An Ordinance Approving Development Plan And Authorizing Issuance Of Certificate Of Appropriateness (3824 York Road, Oak Brook, IL 60523)", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Bartecki, Caleel, McInerney and Shumate. Nays: 0 - None. Absent: 2 - Trustee Kenny; Trustee Savino (Recused). Motion carried. 3) ORDINANCE 98-ZO-SU-S-915 AN ORDINANCE GRANTING ORD,98-Zo-SU- A SPECIAL USE FOR A DRIVE-IN BANKING FACILITY S-915 (3824 YORK ROAD, OAK BROOK, IL 60523): GRANTING A SPECIAL USE FOR Discussed and direction given at the Regular meeting of October 13A DRIVE-I`. , BANKING F CILIT'i 1998. The ordinance grants a Special Use subject to the conditions (3824 Yore; Road) set forth in Section 3, including the January 31, 1999 and December 31, 2000 sunset dates. Motion by Trustee Bartecki, seconded by Trustee ivlcInerney, to pass Ordinance 98-ZO-SU-S-915, "An Ordinance Granting A Special Use For A Drive-In Banking Facility (3824 York Road, Oak Brook, IL 60523)", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Bartecki, Caleel, McInerney and Shumate. Nays: 0 - None. Absent: 2 - Trustee Kenny; Trustee Savino (Recused). Motion carried. 4) ORDINANCE 98-ZO-SU-FP-S-916 AN ORDINANCE ORD.98-ZO-SU-FP- GRANTING A FLOOD PLAIN SPECIAL USE PERMIT S-916 PURSUANT TO SECTION 10-34 OF THE CODE OF GRANTING FLOOD ORDINANCES OF THE VILLAGE OF OAK BROOK, PLAIN SPEC=AL USE PER`tI ILLINOIS (3824 YORK ROAD, OAK BROOK. IL 60523): (3824 York Road) Discussed and direction given at the Regular meeting of October 13, 1998. The ordinance grants a Flood Plain Special Use Permit subject to the conditions set forth in Section 3, including the January 31, 1999 and December 31, 2000 sunset dates. Motion by Trustee McInerney, seconded by Trustee Caleel, to pass Ordinance 98-ZO-SU-FP-S-916, "An Ordinance Granting A Flood Plain Special Use Permit Pursuant To Section 10-34 Of The Code Of Ordinances Of The Village Of Oak Brook, Illinois (3824 York Road, VILLAGE OF OAK BROOK Minutes 5 of 1 1 October 27, 1998 I ROCCA PETITION—3824 YORK ROAD SUMMARY OF REQUESTED RELIEF October 13, 1998 PETITION FOR: Zoning Map Amendment, Variations, Special Use, Historic Graue Mill Gateway Area Certificate of Appropriateness and Flood Plain Special Use. PETITIONER: Alan Rocca(contract purchaser of property) OWNER: First National Bank of LaGrange as Trustee under Trust No.1090; Frank C.,E.M.and Frank E.Mitchell,Beneficiaries The following recommendations from the Plan Commission and the Zoning Board of Appeals are before the Village Board again this evening, pursuant to a motion to table which was approved on April 28 and continued several times since that date(May 26,June 23, September 8, September 22). Over the intervening period of time,certain amendments have been made to the petition, which will be noted. The recommendations are the result of the Plan Commission meeting held on March 16 and the Zoning Board of Appeals meeting held on April 7. All recommendations are for approval of the requested zoning relief and were adopted by unanimous votes of the recommending bodies,with one exception that will be noted. The site is located at 3824 York Road and consists of two irregularly shaped contiguous parcels totaling approximately 31,100 square feet (.714 acres) in area. The southerly parcel is zoned B-3 and the northerly parcel is zonedR-3. The Plan Commission and Zoning Board of Appeals have made the following recommendations, as applicable. In each instance, the hearing bodies found that the standards applicable to each form of relief sought were met. Map Amendment: Rezone northerly parcel from R-3 to B-3, eliminating the split zoning. With respect to the rezoning proposal, it should be noted that the Circuit Court has previously decreed that the Village's Zoning Ordinance unconstitutional and void as applied to the current residential zoning of the northerly parcel. The Court found that the general character of the neighborhood is business. That decision was later affirmed by the Illinois Appellate Court. ]hard Variations:Approval of yard variations as follows: Front: Reduce from 100' to 73' North Side: Reduce from 60' to 40' South Side: Reduce from 60' to 23' (modified from the original request of 20') Rear: Reduce from 60' to 15' With respect to the yard variations,it should be noted that strict application of the requirements of the Zoning Ordinance to the property yields a site with no buildable area. The Circuit Court has also previously decreed that the yard requirements of the Zoning Ordinance are unconstitutional and void as applied to this property. That decision was also later affirmed by the Appellate Court. The Zoning Board of Appeals approved the recommendation concerning the yard variations by a vote of S tol—the only vote that was not unanimous. The dissenting member indicated that his objection was to the rear yard variation. Sign Variation:Approval of a variation to permit a ground (freestanding) sign on a parcel smaller than three (3) acres in area. The sign is to comply with the plans as submitted and with the symbol requirements of the Graue Mill Gateway Area. Loading Berth Variation: Approval of a variation from the requirement for a loading berth located at the rear of the building and enclosed by an 8-foot high wall. The variation would alleviate this requirement and allow loading activities to take place in the parking lot and in a designated area adjacent to the trash enclosure (a minimal amount of such activity is anticipated). The variation would provide relief from the length,location and enclosure requirements of the Zoning Ordinance. Fence Variation: Approval of a variation to allow solid fences, six feet in height, along the north and west property lines. This element has been withdrawn and the fence along the west side is no longer shown on the site plan. Special Use—Bank Drive-In: Approval of a special use for a bank drive-in facility subject to the condition that the owner alleviate any traffic stacking problems, should they develop. (Banks are permitted uses in B- 3, but drive-through facilities are a special use). Flood Plain Special Use: Approval of a Flood Plain Special Use under the terms of the stormwater ordinance to allow occupancy and reconfiguration of the flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. The compensatory storage would be located in a dry basin at the north end of the property. (Stormwater detention would be located in a piping system beneath the parking lot.) Historic Graue Mill_Gateway Area Certificate of Appropriateness: Approval of the Certificate pursuant to Section VIII-A of the Zoning Ordinance. The Certificate process concerns matters of site planning, architectural design, signage and landscaping. It does not concern land use per se. A revised site plan has been submitted which reflects a slight reduction in the floor area of the building (about 250 square feet) resulting in a building of approximately 8,570 square feet (FAR = .276). The site plan reflects the increase in the south side yard already mentioned, and no longer shows the bank drive-through exiting onto the Glendale Avenue right-of-way. Thus, modification of the license agreement that allows the property at 3900 York use of this right-of-way is no longer necessary. If the Board concurs with the various recommendations of the Plan Commission and Zoning Board of Appeals,it would be appropriate to so indicate by motion and to direct the Village Attorney to prepare the necessary ordinances to implement the recommendations. In addition to the conditions attached to certain of the recommendations,the staff recommends that the following conditions be incorporated in the relevant ordinances: 1. That the property be developed and maintained in substantial conformity with the revised site plan, a revised landscaping plan and building elevation drawings as submitted. 2. That the Flood Plain Special Use be subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities. some 90+years ago. President Bushy has been named to a small task force of mayors and directors of the various Councils of Government that is charged with crafting a response io the plan on behalf of the 260 municipalities in the region. The results of that work will be shared with the Village Board at an upcoming meeting. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - ROCCA (3824 YORK ROAD) - ZONING ROCCA - ZONING MAP AMENDMENT, VARIATIONS AND SPECIAL USE - MAP AMEND-HEN'T, HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS 6 APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE - HISTORIC GRAUE MILL GATEWAY Trustee Savino recused himself at 8:37 p.m. due to the business relationship he has AREA CERTIFICATE had with Rocca jewelers. OF APPROPRIATE- NESS FLOOD PLAIN SPECIAL USE The petitioner has submitted a revised site plan and letter amending (3824 York Road) various elements of their proposal which accomplish the following: 1) The fence along the west lot line has been eliminated and the variation request for fences along both the north and west lot lines were withdrawn. 2) The access to and from the Glendale Avenue right-of-way has been eliminated and thereby obviates any need for modification to the right-of-way use agreement between the Village and the owner of the property to the west (3900 York Road). 3) A modest reduction to the size of the building, approximately 250 square feet overall. 4) The setback to the south is now approximately 23 feet instead of 20 feet as shown on the original site plan and Rider A. There has been considerable dialog regarding the possibility that the property should be acquired by one of the local governmental jurisdictions and Mr. Rocca has contacted the Village, the Oak Brook Park District, and the DuPage County Forest Preserve District with respect to this. To date, Director of Community Development Hawk is not aware that any of these agencies is considering such a land acquisition. In any case, if at any future time the acquisition of this property is deemed necessary by one of these agencies, they all have the ability to do so. In the meantime, the Village has this land use proposal on the table which would resolve the long standing problem with the condition and use of the property. VILLAGE, OF OAK BROOD Minutes 12 of 24 October 13, 1998 L��� The Village has received several letters from citizens with their comments on this proposal and all that were received by the close of business on Thursday, October 8, 1998 have been included in the Board's file. Any later arrivals will be copied and distributed at the Village Board meeting of October 13, 1998. President Bushy read in its entirety the following "Summary of Requested Relief' regarding the Rocca petition for the property at 3824 York Road dated October 13, 1998: PETITION FOR: Zoning Map Amendment, Variations, Special Use, Historic Graue Mill Gateway Area Certificate of Appropriateness and Flood Plain Special Use. PETITIONER: Alan Rocca (contract purchaser of property). OWNER: First National Bank of LaGrange as Trustee under Trust No. 1090; Frank C., E.M. and Frank E. Mitchell, Beneficiaries. The following recommendations from the Plan Commission and the Zoning Board of Appeals are before the Village Board again this evening, pursuant to a motion to table which was approved on April 2S, 199S and continued several times since that date (May 26, June 23, September S, and September 22, 1998). Over the intervening period of time, certain amendments have been made to the petition, which Neill be noted. The recommendations are the result of the Plan Commission meeting held on March 16, 1998 and the Zoning Board of Appeals meeting held on April 7, 1998. All recommendations are for approval of the requested zoning relief and were adopted by unanimous votes of the recommending bodies, with one exception that will be noted. The site is located at 3524 York Road and consists of two irregularly shaped contiguous parcels totaling approximately 31,100 square feet (.714 acres) in area. The southerly parcel is zoned B-3 and the northerly parcel is zoned R-3. The flan Commission and Zoning Board of Appeals have made the 11611owing recommendations, as applicable. In each instance, the hearing bodies found that the standards applicable to each form of reliel'sought wcrc met. OF OAK 13ROOK Minutes 13 o124 October 13, 1998 Map Amendment: Rezone northerly parcel from R-3 to B-3, eliminating the split zoning. With respect to the rezoning proposal, it should be noted that the Circuit Court has previously decreed that the Village's Zoning Ordinance is unconstitutional and void as applied to the current residential zoning of the northerly parcel. The Court found that the general character of the neighborhood is business. That decision was later affirmed by the Illinois Appellate Court. Yard Variations: Approval of yard variations as follows: Front: Reduce from 100 feet to 73 feet; North Side: Reduce from 60 feet to 40 feet; South Side: Reduce from 60 feet to 23 feet (modified from the original request of 20 feet); and Rear: Reduce from 60 feet to 15 feet. With respect to the yard variations, it should be noted that strict application of the requirements of the Zoning Ordinance to the property yields a site with no buildable area. The Circuit Court has also previously decreed that the yard requirements of the Zoning Ordinance are unconstitutional and void as applied to this property. That decision was also later affirmed by the Appellate Court. The Zoning Board of Appeals approved the recommendation concerning the yard variations by a vote of 5 to 1 —the only vote that was not unanimous. The dissenting member indicated that his objection was to the rear yard variation. Sign Variation: Approval of a variation to permit a ground (freestanding) sign on a parcel smaller than three (3) acres in area. The sign is to comply with the plans as submitted and with the symbol requirements of the Graue Mill Gateway Area. Loading Berth Variation: Approval of a variation from the requirement for a loading berth located at the rear of the building and enclosed by an 8-foot high wall. The variation would alleviate this requirement and allow loading activities to take place in the parking lot and in a designated area adjacent to the trash enclosure (a minimal amount of such activity is anticipated). The variation would provide relief from the length, location and enclosure requirements of the Zoning Ordinancc. Fence Variation: Approval of a variation to allow solid fences, six (6') (ect in height, along the north and west property lines. This element has been withdrawn and the fence along the west side is no longer shown on the site plan. VILLAGE 01: OAK 131ZOOK Minutes 14 of 24 October 13, 1998 Special Use—Bank Drive-In: Approval of a special use for a bank drive-in facility subject to the condition that the owner alleviate any traffic stacking problems, should they develop. (Banks are permitted uses in B-3, but drive-through facilities are a special use). Flood Plain Special Use: Approval of a Flood Plain Special Use under the terms of the stormwater ordinance to allow occupancy and reconfiguration of the flood plain,subject to the requirement for compensatory storage at a ratio of 1.5:1. The compensatory storage would be located in a dry basin at the north end of the property. (Stormwater detention would be located in a piping system beneath the parking lot.) Historic Graue Mill Gateway Area Certificate of Appropriateness: Approval of the Certificate pursuant to Section VIII-A of the Zoning Ordinance. The Certificate process concerns matters of site planning, architectural design, signage and landscaping. It does not concern land use per se. A revised site plan has been submitted which reflects a slight reduction in the floor area of the building (about 250 square feet) resulting in a building of approximately 8,570 square feet (FAR = .276). The site plan reflects the increase in the south side yard already mentioned, and no longer shows the bank drive-through exiting onto the Glendale Avenue right-of-way. Thus, modification of the license agreement that allows the property at 3900 York use of this right-of-way is no longer necessary. John Romanelli, representing the petitioner, commented on the issues raised at the September 8, 1998 Village Board meeting. Mr. Rocca contacted and did not receive any interest by the Oak Brook Park District or the Forest Preserve District of DuPage County to purchase the property at 3824 York Road. They have revised the drive-through by altering the traffic circulation to enter and exit on York Road, reduced the size of the building and moved the building an additional five (5') feet from the Glendale property line. Glendale is a public right-of-way, and they do have right of access. The property is presently surrounded by three commercial entities. The Forest Preserve District of DuPage County is negotiating with the Greco and Bluhm families to purchase these properties for expanded Graue Mill parking. The applicant has withdrawn a request for a fence and the current homeowner has had the existing fence removed. VILLAGE OF OAK BROOK Minutes 15 of 24 October 13, 1998 Bob Mifflin, Architect for the applicant, produced a model of the site and explained the details of the project to the Village Board. Jerry Miskovic, Engineer for the applicant, discussed the dry detention basin which acts on the back flow of Salt Creek. The detention pond is underneath the parking lot with pipes from the vault discharging into a storm sewer on York Road. Robert Fleck, Landscape Architect for the applicant, explained the screening around the detention pond. The white pine trees were planted by Dr. Orig and more screening is not available due to the size of the pine trees that have expanded onto the applicant's property. Trustee Bartecki stated this is a difficult situation with an unbuildable lot, but the Appellate Court has said it may be developed. The applicant has taken steps to mitigate any potential problems. His main concern is with Dr. Orig's property and noted that he had previously purchased the home with the gas station next door. Mr. Romanelli suggested, at the cost of the applicant, that they will plant appropriate screening for Dr. Orig's property. Village Attorney Martens stated they could enter into an agreement privately for this. Mr. Romanelli further indicated that the applicant would be willing, until the Forest Preserve District of DuPage County obtained the properties for parking, to allow parking on Sundays provided they would get indemnity and liability insurance to meet their needs. Trustee Shumate suggested entering into an agreement with the Forest Preserve. President Bushy recessed the meeting at 9:28 p.m. The meeting convened at 9:42 p.m. President Bushy asked for public comment on the proposed project. The following persons spoke in favor of the applicant: Bert McCafferty, 84 Briarwood Circle John Weinberger, Continental Motors of Hinsdale William Hipskind, 136 Briarwood Avenue Gerry Schiele, 70 Briarwood Circle Christopher Patras, 20 Regent Drive Roberta Arquilla, One Pembroke Lane Lisa Weinberger, 362 Trinity Lane Dr. Sanwcl Girgis, 506 Wennes Court Joan Peterson, 129 St. Francis Circle \111.1.AGI: OI: OAK BIWOK Minutes 16 of 24 October 13, 1998 The following persons spoke against the proposed project: Robert Waite, 3609 Madison Patricia Waite, 3609 Madison Tanya Fernando, 3719 Spring Road Don O'Neil, 1224 Birchwood Road, requested that the adjacent homeowner should not be burdened by the applicant with the necessity for a visual barrier. Patrick Mauro, 38 Mockingbird Lane, stated the Village is acting too hastily, as the Forest Preserve District of DuPage County is now actively pursuing the Bluhm and Greco property for adjacent parking of the Graue Mill area. He requested the Village contact the Forest Preserve District of DuPage County and the Oak Brook Park District for an official notice that neither of these entities are interested in this property. Emma Mitchell, beneficiary of the Trust, noted that she and owners of the property wished to express their thanks to the Village Board for its efforts. No one has ever contacted them from the Forest Preserve District of DuPage County, Historical Society or the Oak Brook Park District when a"for sale" sign has been posted on the location for seven years. Mr. Romanelli indicated Mr. Rocca had sent letters to the Forest Preserve District of DuPage County and received a letter dated September 4, 1998 from Janice Roehll, Land Acquisition Manager, document 954 in the official file, that the Forest Preserve District was not given authority to negotiate for this property. Motion by Trustee Kenny, seconded by Trustee McInerney, to direct the Village Attorney to draft the necessary ordinances to implement the following recommendations: Map Amendment to rezone the northerly parcel from R-3 to B-3; Yard Variations to reduce the front yard from 100 feet to 73 feet; Reduce the north side yard from 60 feet to 40 feet; Reduce the south side yard from 60 feet to 23 feet; and Reduce the rear yard from 60 feet to 15 feet; Approval of a sign variation to permit a ground (freestanding) sign on a parcel smaller than three (3) acres in area. The sign is to comply with the plans as submitted and with the symbol requirements of the Graue Mill Gateway Area; VILLAGE- OF OAK BROOK Minutes 17 of 24 October 13, 1998 4 Approval of a loading berth variation from the requirement for a loading berth located at the rear of the building and enclosed by an 8- foot high wall; Approval of a special use for a bank drive-in facility subject to the condition that the owner alleviate any traffic stacking problems, should they develop; Approval of a Flood Plain Special Use under the terms of the stormwater ordinance to allow occupancy and reconfiguration of the flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. The compensatory storage would be located in a dry basin at the north end of the property. (Stormwater detention would be located in a piping system beneath the parking lot.); and Approval of the Historic Graue Mill Gateway Certificate of Appropriateness pursuant to Section VIII-A of the Zoning Ordinance subject to the following conditions: that the property shall be developed and maintained in substantial conformity with the revised site plan, revised landscaping plan, and building elevation drawings as submitted; and that the Flood Plain Special Use shall be subject to final engineering approval, including requirements for proper maintenance of the stormwater management facilities to be brought to the Village Board for action at the October 27, 1998 regularly scheduled meeting. Trustee Shumate asked that the fence variation be reinstated on the petition for the northwest side of the property as privacy for Dr. Orig. Trustee Bartecki suggested that the fence would need to meet Village code of a 42-inch, 50 percent open fence. Mr. Romanelli, for the record, stated the applicant would install a 42- inch chain-link fence on the west side of the property. Motion by Trustee Kenny, seconded by Trustee McInerney, to amend the motion to include a 42-inch fence that conforms to the ordinance requirement of 50 percent open on the west side of the property. VILLAGE OF OAK BROOK Minutes 18 of 24 October 13, 1998 Z� VOICE VOTE: Motion carried. Trustee Savino returned to the meeting at 10:54 p.m. B. RECOMMENDATION - BLISTEX, INC. N800 SWIFT DRIVE) - BLISTEx, INC. - PLAT OF CONSOLIDATION AND PLAT OF VACATION: PLAT of CONSOLIDATION & In this petition, Blistex, Inc., 1800 Swift Drive is seeking Plat PLAT of ION approval for the consolidation of two lots into a single lot. The two VACATION lots are: (1800 swift Driv 1) Lot 1 in the Osbrook Resubdivision - Common address - 1800 Swift Road. This lot is improved with an office and manufacturing facility. 2) Lot 2 in the Osbrook Resubdivision - Is the vacant lot immediately to the west of Lot 1. This lot previously was part of the American Stores properties and in their 1974 expansion plan was to be used for parking. This plan was never implemented. Consolidation of the two lots into a single lot will permit elimination of the utility easements along their common lot line and allow the construction of a building addition and additional parking. During the review, three issues were raised as follows: 1) Ms. Heidi Lawton, 912 Burr Oak Court, raised questions regarding the security of tier property and also the landscaping buffer that the vacant lot has provided her and her neighbors in the past. Blistex has stated that they are committed to continue to be a good neighbor and will work with Ms. Lawton to provide for her security concerns. With respect to the landscaping issue, they will be required to provide a landscape screen along the parking area and the 40-foot parking setback will be landscaped in an attractive manner. 2) Lot 1, the east lot along Swift Drive, was granted a variation in 1974 that established the front yard setback line to run north and south in a straight line as if the cul-de-sac did not exist. The basis for this was the fact that the entire cul-de-sac and street dedication was being taken from this property. The development of the property by Blistex in the late 1970's was done on the basis of this variation and nothing has changed that would make this variation inappropriate at this time. VILLAGE OF OAK BROOK Minutes 19 of 24 October 13, 1998 0 TO: Village of Oak Brook FROM: Joseph Panzorino 1200 Oak Brook Road 2919 38th Street Oak Brook, IL 60523 Oak Brook, IL 60523 DATE: October 7, 1998 RE: York Road Property 0 C T 1 iy VILLAGE OF OAK BROOK, IL ADMINISTRATION It seems really simple to me! ! There is a hideous, abandoned gas station sitting on York Road at the gateway to the Oak Brook community. An entrepreneur has come forward with a beautiful plan to take the place of that horrid eyesore. What could be more simple? I implore the Village of Oak Brook to follow the best path for the entire village--the Plan Commission and Zoning Board of Appeals both agree that Mr. Rocca's lovely building would be a wonderful substitution for the current horror that sits there now. Please approve the .Rocca plan and allow our community to move forward! STEVE AND ELAINE PAPPAS 7 1 9 FOREST GLEN LANE -- OAK BROOK, ILLINOIS 60523 - - --- I i October 6, 1998 Oak Brook Village Trustees Village of Oak Brook Oak Brook, Illinois 60523 To whom it may concern: As long time residents of Oak Brook, we feel it is our duty to write ,you and encourage you to vote yes for Mr. Rocca's plan to redevelop the abandoned gay station on York Road. For ,years, we wondered why the Village allowed that site to remain as it has, ugly and inexcusable. it seems as if a simple solution to the problem has presented itself. Both the Zoning Board of Appeals and the Plan Commission agree that the new building would be a desirable replacement for that. awful gas station-we think you should vote yes and allow the plan to be carried out:. We are proud to live in Oak Brook, at community of beauty and grace. The abandoned gas station is a negative which eontributes nothing to our village. The Rosea building is not only attractive to the eye, but was designed with great care to perfectly fit in with the rest of Oak Brook. Please listen to the voices of .your constituents and allow Mr. Rocca to change this negative into a positive thing of beauty. Truly Yours, DATE: October 8, 1998 TO: Village of Oak Brookr' ! d , Village Trustees ' FROM: Jim & Gigi Psyhogios 236 Wood Glen Lone Oak Brook, IL 60523 My name is Jim Psyhogios, and my wife and I reside in Oak Brook with our children at the above address. The reason for our letter is to show our total support of the Proposed development of the York Road property by Mr. Rocco. We have been following the progress of the development through the local papers and the taped broadcast of the Village meetings. We do believe that the Plon Commission members and the Zoning Board members are also in support of Mr. Rocco's plan as indicated by their unanimous approval and recommendation of this project. The architectural design and detail of Mr. Rocco's building is beautiful! In fact, the building has a residential and historic look rather than a sterile gloss and brick office building Facade. Please vote yes and hope that Mr. Rocco will soon knock down that old gas station building! Sincerely, s 0 OF 044. � O e 'e N G � ,0 O SF 00O NT VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523-2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO October 8, 1998 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Development SUBJECT: Rocca - 3824 York Road -Zoning Map Amendment - Variations - Special Use Historic Graue Mill Gateway Area Certificate of Appropriateness - Flood Plain Special Use Due to the number of additional documents that have been submitted since your initial review of this proposal on April 28, 1998, 1 am writing this memorandum to assist you in getting up to date with the petition file as it now stands. For an overview of the entire proposal you may find it helpful to review the application Rider A (page A-1 of the petition file) and my memorandum on March 11, 1998 and April 22, 1998 (pages 11-11d and 29-29c of this file respectively). The petitioner has submitted a revised site plan and letter amending various elements of their proposal which accomplish the following: 1. The fence along the west lot line has been eliminated and the variation request for fences along both the north and west lot lines were withdrawn. 2. The access to and from the Glendale Avenue right of way has been eliminated and thereby obviates any need for modification to the right,of way use agreement between the Village and the owner of the property to the west (3900 York Road). 3. A modest reduction to the size of the building, approximately 250 square feet overall. 4. The setback to the south is now approximately 23 feet instead of 20 feet as shown on the original site plan and Rider A. There has been considerable dialog regarding the possibility that the property should be acquired by one of the local governmental jurisdictions and Mr. Rocca has contacted the Village, the Park District, and the DuPage County Forest Preserve District with respect to this. To date, I am not aware that any of these agencies is considering such a land acquisition. In October 8, 1998 President Bushy and Board of Trustees RE: Rocca - 3824 York Road Page 2 any case, if at any future time the acquisition of this property is deemed necessary by one of these agencies, they all have the ability to do so. In the meantime, the Village has this land use proposal on the table which would resolve the long standing problem with the condition and use of the property. We have received several letters from citizens with their comments on this proposal and all that were received by the close of business on Thursday, October 8,1998 have been included in your file. Any later arrivals will be copied and distributed at Tuesday's meeting. If it is your wish to proceed toward approval of this proposal it would be appropriate to pass a voice motion authorizing Attorney Martens to draft the necessary documents (ordinances, agreements, etc.) to be brought back to you for action at your October 27, 1998 meeting. Conditional Elements: The following conditional elements should be included in any approval of this proposal: 1. The property shall be developed in substantial accordance with the Site Plan, Landscape Plan, and Elevation Plan as submitted. 2. The Flood Plain Special Use shall be subject to final engineering approval and include requirements for maintenance of the stormwater management facilities. TRH/gp cc: Petition files BOT-Rocca REC.doc LORD, BISSELL & BROOK 116 SOUTH LA SALLE STRVET CHICAGO. ILLINOIS 60609 L:,GEL[s Orr cc A00 iO.v:n GRAND AVCNUC,OTr1 FLOQn 131C• 4-43.0700 LOS ANGELES.CALIFORNIA OCO71.3ann y u:44166•160o COLE: LOWIRCO COO rACZIMILE:12131480-IMOZ TE"t 1910.7070 AI I.AmrA Prricc t•r.^01MILE 13121 4430336 ONE ATLANTIC CENTER Ira•w,PcAcwrAile i'rRCCr.V-j:TE 3i00 AYLANIA,GEORLNA 30 CC .004:67G.0iOf:. l.� [gyp FAC .MILE,44041 676 6607 October 7, 19941 NGW YORK OFFICE DAV , M. 60008P ONE PENN ANrW SPI YL IG2i \E`N YO rtK Nt'N'YORK .Ot.R :a1.I 443-.a.a e1a•u.r•.•oo •nC]IHILE 121m1 a.F7•:02 LONDON O"I.CL _.OYC'3 taull L.0". OrE Uwe BTREEr LONOON EC3M 700 SNGLAND Village of Oak Brook FACSIMa71 303..3. ILE OIT-Y:aCN¢O 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Thomas Hawk Director of Community Development Re: Petition Application of Alan Rocca re: Property at 3824 York Road Dcar'Tom: This letter will outline Mr. Rocca's revisions for his Petition Application and the rationale therefore. Mr. Rocca has filed a revised Site Plan dated September 30, 1998 which contains the Following changes: Elimination of a fence along the west site of the subiect property. The revised Landscape Plan shows landscaping in place of the fence. The existing fence has been removed. Requested Variations C-3 and C-4 are eliminated. 2. Elimination of the planned driveway connecting the planned bank drive-in to Glendale Avenue. The requested Special Use Pem,.it:s eliminated. 3. Reduction of the size of the planned building by five feet along its south side which increases the minimum depth of the south yard from 20 Leet to 25 feet. 4. Amendment of front yard Variation B-1 to reduce it to'4 feet. With regard to the minimum setbacks set forth in the Oak Brodik Zoning Ordinance, it should he kept in mind that the trial court in Cities Service Oil Company v. Village of leak firook, No. 71-1443-G (judgment cntcrrd 2f15/72)ordered,adjudged and decreed that the Zoning Ordiname of the Village of Oak Brook"is hereby declared to be unconstitutiooW and void its it applies to Parcel #1 and as it applies to the front yard,rear yard and side yard requirements of both Parcels#1 and 42." The Illinois Appellate Court affirmed the decision of the; trial court. LORD. BISSELL 6 BROOK Village of CIA- Brook October 7, 1498 Page 2 Please let me knew if you have ary questions. Sincerely, LOR , SELL& BROOK David .M. Goader DMG/ss 474a PaA" 49a4m4 20 /leyerd l _ , ' ' 60523 OCT - $ C^ i�v3 ,I ..r J October 7, 1998 Village of Oak Brook Trustees 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear President Bushy and�the Board of Trustees: We debated whether 6r not to send a letter to you and the Trustees because we thought it would be quite obvious to approve the Rocca plan for the York Road property as recommended by both the Plan Commission and Zoning Board of Appeals. However, when we heard that some members of the Board might not agree with the Commission's recommendation, we thought that we would write to show our total support. As residents of this fine community, we're concerned that we could miss an opportunity such as this. Once again, we would like to express our sincere hope that you approve the Rocca plan! Truly Yours, U yh • a • • D -- October 5, 1998 �- R �,y 1 To: The Village of Oak brook Trustees - From: Mr. & Mrs. Lewis Borselliano 2925 38th Street Oak brook, IL 60523 Both any husband and I decided it was time to take a stand and be heard®m we were excited and enthused about the prospect of the abandoned gas station on York Road being replaced by a building Oak Brook could be proud ofrothean we were tfrribly disappointed to hear the plan had not yet been approved! Thugs, we are writing to voice our displeasure of the statues of Mr. Rocca's woanderfAl plan. York Road is a heavily traveled path taken by both Oak brook residents as well as those just passing through. How could we have allowed that awful gas station to greet passersby for so Hoang? Now an opportunity has arisen to rectify the situation. Vote yes and allow Mr. Rocca to complete his plan, getting rid of Oak Brook's eyesore and transforming it into one of Oak Brook's many treasures! Sincerely, ,4 V Vc �w,cco�te 69 (%�xfaaa��si,�e �xoo�g 0/,�ii'so 6-0523 7_ � U _. . October 8, 1998 Oak Brook Village Board Karen Bushy, President Oak Brook, Illinois 60523 Dear Madam President: I reside with my wife R}ta at the above captioned address. It is my understanding that the Board of Trustees will be voting on the Rocca Proposal for York Road on October 13, 1998. Although I will be unable to physically attend the meeting, I would encourage the Board to approve this plan, any needed variances, and/or even create a T.I.F. if needed. This property has been for sale for five years, and after all this time we finally have a solution to this abandoned site. I am sure that the Plan Commission and the Zoning Board of Appeals spent many hours of hearing testimony and investigation before voting in favor of this project. Please approve of the Plan Commission and Zoning Board of Appeals' recommendation. Sin ere , v v� Samuel Libert, M.D. 1401 Hawthorne Lane Hinsdale, Illinois 60521 ---- - -- September 30, 1998 Karen Bushy Village President Village of Oak Brook Oak Brook, IL 60523 Dear President Bushy and Village Trustees: I live in close proximity to the property at 3824 York Road on which Mr. Rocca is proposing to develop his jewelry store and a blank facility. I usually drive past the gas station on an average of six times per day. Although I currently reside on the Hinsdale side of the street, I am a property owner in Oak Brook. I have been a resident of Oak Brook for 10 years. The reason for my letter is to urge and encourage you and your Trustees to allow this development plan. Having to drive past this parcel on a regular basis prompted me to attend your Plan Commission and Zoning Board meetings. It seemed to me that Mr. Rocca's proposal offers your village a very reasonable alternative for the development or re-development of an unsightly. abandoned gas station. It was my distinct impression that the majority of the Zoning Board, Plan Commission and the majority of people in the audience were in agreement with this project. The presentation was clear and incisive giving the details of size, setbacks, needed variances, and architectural style. The existing condition of the site is really an embarrassment to our fine community. Sincerely, Samuel A. Libert cc: Board of Trustees VPQ 4aT VM v(-1 ��• Magnetrol 5300 Belmont Road Downers Grove,IL 60515-4499 63 -969-4000 MaMetr+or Fax 630-969-9489 October 2, 1998 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Dear Village Officials: As a resident of Oak Brook, I have been following the reports of the potential development of the old Citgo gas station property on York Road. Since I am a long time customer of Alan Rocca, Ltd. in Lombard, I would like to express to the Village Officials involved in this project, what a compliment Mr. Rocca's business would be to the area and its residents. From an aesthetic standpoint, it would certainly be a big improvement over the existing property. I know I speak for many of,,my family members, friends, neighbors and business associates when I say that we would like nothing more than to have Mr. Rocca's business located in our own backyard. We hope you can realize the benefit his proposal will be to our community; and, that you will expedite the approval process. Sincerely, MAGNE ROL INTERNATIONAL Judy G. Stevenson President JGS:lah ��. VM U� Worldwide level and flow solutions • olzr 01,00k, ✓CGS 60623 W October 2, 1998 -- OCT - 5 - J Ms. Karen Bushy,President ,r+ Village of Oak Brook `�1 1200 Oak Brook Road —' Oak Brook,Illinois 60523 Dear Karen: I am writing today in regards to the on-going proposal to improve the Citgo gas station at the intersection of York and Spring Roads. As a long time resident of Oak Brook,I have watched the opportunities for revitalizing that parcel come and go over the past fifteen ye*rs. It seems none of them have materialized. You currently have befdre you another opportunity to demolish the existing building, and develop that property with a building that befits the dignity that our village has come to expect. I wish to express my complete support for Mr. Rocca's viable plan to construct an exceptionally beautiful building to house his jewelry store,a bank and other professional offices. Now that it has been reported that there are no other private or public parties interested in the property,I would like to express my sincere hope that you,our village representatives, approve Mr. Rocca's request so that he can expeditiously turn his proposal into a reality. The transformation of this current eye sore into an elegant and functional addition to our community is long overdue. Sincerely yours, Ro rta A.Arquilla 6-' Soya S F3� N.S.R. REDDY, M.D. & ASSOCIATES, S.C. Anatomic&Clinical Pathology Services 2 Pembroke Lane N.S.R. Reddy,M.D., President Oak Brook, IL 60523 Malli R.Anne,M.D. 630-655-0151 _ Azra S. Haque,M.D. 312-633-5815 V. G. Guzman,M.D. Fax 312-633-5830 Board Certified Pathologists NSRREDDY@COMAOL October 2, 1998 Karen Bushy Village President Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Dear President Bushy and Village Trustees: I am writing in regards to Alan Rocca's reported proposal to house his fine jewelry store on the York and Spring Roads property that he plans t j develop with a drive-through bank and office building. What a great combination of professional, prominent businesses to reflect our fine community at it's Gateway. As a customer of Alan Rocca, Ltd. in Lombard, I would like to express to the Board how much of a benefit it would be to approve the building Mr. Rocca has proposed, not to mention what a convenience. I speak for many of Mr. Rocca's customer's who live in Oak Brook - and there are a lot of us,that Alan's hands-on, honest approach to running his jewelry business has earned him a fine reputation that should be welcomed into our community. As a resident of Oak Brook, I am truly excited at the thought of seeing the beautiful building being proposed, instead of the abandoned gas station. Our support is fully behind this proposal. Sincerely, Dr. and Mrs. Sam Reddy �➢� V P+00 T— v� _ VC �� September 25, 1998 _ ;. , D M e s `'.' Karen Bushy Village President Village of Oak Brook Oak Brook, IL 60523 Dear President Bushy and Village Trustees: I am writing in regards to the recent proposal presented to the Village by Mr. Alan Rocca to purchase and build on the property at York and Spring Roads. As residents of Oak Brook, my family, friends, and myself have been customers of the Rocca's for three generations. I commend Mr. Rocca for pursuing his goal to build the beautiful building which he proposes to house his jewelry store. This building would be a fine addition to our community. Our full support is behind Mr. Rocca and we urge the Trustees to grant approval of the variances needed to expedite this outstanding proposal. Sin ely, Mr. & Mrs. Albert Giusfredi 16 Natoma Drive Oak Brook, IL 60523 OF 0q • gE t e e G M O �OUN7� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMORANDUM DATE: September 15, 1998 TO: Village President and Board of Trustees SUBJECT: Rocca Petition—3824 York Road RECOMMENDATION: That the Village Board table consideration of this petition to the regular meeting scheduled for October 13, 1998. The petitioner in this matter has requested that consideration of the petition be postponed once again. As I understand it, this latest request results from an illness in the family of the architect which has made it impossible for the petitioner to be prepared with updated plans and additional materials for consideration by the Board. In addition, the petitioner notes that the Forest Preserve District of DuPage County did not confirm its intentions to him until September 4, when he received a letter stating that the Forest Preserve District staff has not been authorized to negotiate for the purchase of the subject property. One of the reasons for the previous postponement was to allow time for the Forest Preserve District to determine whether or not it is interested in acquiring the property. There appears to be no reason why this request should not be granted and I recommend accordingly. Z/ �- -1 Stephen B. Veitch Village Manager /sv Attachments cc: Thomas R. Hawk,Director of Community Development Alan Rocca I14 Canterberry Oak Brook, Illinois 60523 September 15, 1998 Mr. Stephen Veitch Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Re: 3824 York Road Dear Mr. Veitch, Although it was my sincere intention to appear at the September 22, 1998 meeting of the Village Trustees, I regret that I will not be prepared to do so. An immediate family member of my architect needed major emergency surgery which in fact caused my unforeseen delay. I would hope that the Board of Trustees would grant me an extension to the next scheduled meeting to be held on October 13, 1998. Additionally, it was reported in the Hinsdale Doings that the Forest Preserve District officials decided on July 21, 1998, against purchasing the property. On September 4, 1998 I received the enclosed letter from Janice Roehll (Land Acquisition Manger, Forest Preserve District of DuPage County) stating that the Forest Preserve staff has not been given the authority to negotiate for the property. Sincerely, Alan Rocca APR/ssk pc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois enclosure POM t • PHONE NO. Sep. 14 1998 10:09AM P3 l— SEP-04—i999 �i7� P.00Z/00� U.S.MAIL 6r FAX septerubw 4;1"S . e , crest Mr. Alla RW" Alan Raoaa Ltd, ' r"Ir a 733 EW PAQW It Road Lombard, Illinois 60148 . Istrict of Re; orsue Mill C3atmay Pwwl#2-9 u PIP Ow W tet: ounty As you requested, I trot M your request!tis a letter stating our intention regarding the property that you have a contract on to the Land Acquisition Committee. At this time,the Forest Preserve Dist iot staff has not been given the autlwtity to negotiate 1bt the proWy,that you have a contract on, st the intersection of York and Spring Roads. W Avww If you should have any fiuther questions, please salt me it(63 0)942-610:. GMn tEihrn,K 0017 sincerely yours, P.O.scat= aim B",I t01�.l0�0 FAX1 t Trac Roehl l TOO Maw Land Acquisition Manager Cc: S00%Day °i�°""',,,;,�jrl Dal Maid, Chairman Corrin slower 000 MhMlw1lleM�A, Commissioner Stone 4"464 WINK GWOM IL ssw, Trssa�K eoree•o.re«M, awwtwo� 991.UU1�O/sn water because the rainfall was south of the Quarry. Other golf figures are: Greens Fees, up $71,840; Cart Fees, up $31,923; Driving Range Fees, up $9,001; Lounge Sales, up$19,102; and Pro Shop Sales, up $5,620. Senior staff members-pf the Emergency Management Team meet once a month and hold table top emergency management exercises. In the last several months, staff has been focused on the Y2K problem to ensure that the Village's computers are Y2K compatible, and the vendors that serve the Village are also Y2K compatible. President Bushy indicated that an article from the Chicago SUN-TIMES of September 5, 1998 noted that the Office of Management and Budget(OMB) stated seven of the government's largest agencies aren't making adequate progress and will miss President Clinton's deadline to have their most-important computers fixed by March, 1999, unless they improve. The State Department has fallen further behind in the past three months and now"faces a significant challenge in managing its extensive Y2K project", the OMB report said. The other agencies lagging are Defense, Education, Energy, Health and Human Services, Transportation and the Agency for International Development. The Village is concerned about the public safety of our residents when this event occurs. Contingency plans are being considered in the event additional or enhanced village services are required. Trustee McInerney noted that embedded chips have been placed in computer items within a household, such as a thermostat, an alarm system or a personal compute, which need to be updated for Y2K compatibility. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): B. RECOMMENDATION - ROCCA (3824 YORK ROAD) - ZONING ROCCA - ZONING MAP AMENDMENT, VARIATIONS, AND SPECIAL USE - MAP AMENDMENT, HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS, AVD APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE - HISTORIC GRADE MILL GATEWAY AREA Letter dated August 14, 1998 from Mr. Alan Rocca requests that this CERTIFICATE OF petition be continued to the September 22, 1998 Village Board APPROPRIATENESS meeting. FLOOD PLAIN SPECIAL USE Motion by Trustee McInerney, seconded by Trustee Bartecki, to grant (3824 York Road) the request of the petitioner, Mr. Alan Rocca, and continue this item to the Village Board meeting of September 22, 1998. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes 7 of 23 September 8, 1998 � s3. • OF 0 • A,t B9 `v OO i a e a �F00UN1r VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523-2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO September 2, 1998 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Developmen SUBJECT: Rocca -3824 York Road Zoning Map Amendment-Variations-Special Use- Historic Graue Mill Gateway Area Certificate of Appropriateness- Flood Plain Special Use Based on the anticipation that your consideration of the Rocca proposal will be continued until your September 22, 1998 meeting, we are not providing you with the petition files at this time. We will of course, continue to update these files as necessary and will provide them to you for the September 22, 1998 meeting. TRH/gp cc: Petition files BOT-Rocca upddate.doc _ • YORK UROLOGIC ASSOC. JOEL CORNFIELD, M.D. JOHN KRITSAS, M.D. SAMUEL KRENGEL, M.D. 950 North York Road,Suite 208 Hinsdale, Illinois 60521 (630) 887-0580 September 1, 1998 RECEIVED Karen Bushy, President Village of Oak Brook SEP 4 $ 1200 Oak Brook Road Oak Brook, Illinois 60523 VILLAGE OF OAK F3R-DOK PLANNING/ZON1N'G Dear President Bushy: My practice has occupied commercial offices at 950 North York, next to the abandoned gas station, since approximately December, 1991 . It is our understanding that there is, before the Board of Trustees, a proposal to approve a two-story office retail building of approximately 8, 000 square feet . Although we do not reside in the Village of Oak Brook, as you can imagine, the proximity to this abandoned gas station has caused us some concern over the years and we would wholeheartedl5K recommend approving any development of this land as an improvem over the eyesore that has been for at least the st eve a Sincerel Joel Corn e, M.1Z Samuel Krengel, M.D. John Kritsas, M.D. JC/vh-75578 licenses and the language of Section 3-52 regarding outdoor sales of alcoholic liquor. ROLL CALL VOTE: Ayes: 4 - Trustees Bartecki, Caleel, Kenny and McInerney. Nays: 0 - None. Absent: 2 - Trustees Savino and Shumate. Motion carried. President Bushy requested the Board of Trustees to consider discussion of Agenda Item 9.A., RECOMMENDATION-YORK ROAD PROPERTIES,L.L.C. THE JOHN BUCK COMPANY (2001,2100 AND 2122 YORK ROAD) -TEXT AMENDMENT TO ESTABLISH AN 0-4 OFFICE DISTRICT AND MAP AMENDMENT TO REZONE FROM ORA-1 TO 0-4. She noted that if anyone in the audience was in attendance of this meeting for this agenda item,that the John Buck Company has requested the continuance of their petition to the September 8, 1998 Village Board meeting. 9.A. RECOMMENDATION- YORK ROAD PROPERTIES, L..L..CG THF, YORK ROAD JOHN BUCK COMPANY(2001. 2100 AND 2122 YORK ROAD) - PROPERTIES, L.L.C TEXT AMENDMENT TO ESTABLISH AN 0-4 OFFIC_R THE JOHN BUCK DISTRICT AND MAP AMENDMENT TO REZONE FROM ORA-I COMPANY-TEXT TOO 4: AMENDMENT TO ESTABLISH AN 0-4 OFFICE DISTRICT S Motion by Trustee McInerney, seconded by Trustee Bartecki, to grant MAP AMENDMENT TO the request of the petitioner and continue this item to the Village REZONE FROM ORA-1 Board meeting of September 8, 1998. VOICE VOTE: Motion TO 0-4 (2001, 21C carried. & 2122 York Road) resident Bushy read a letter dated August 14, 1998 from Mr. Alan Rocca asking that his petition be continued to the September 22, 1998 Village Board meeting, as it had been scheduled for the September 8, 1998 Village Board meeting. 7.B.2) ORDINANCE 98-EL-REF-S-911 AN ORDINANCE CALLINORD. 98-EL-REF- FOR THE SUBMISSION OF A PUBLIC QUESTION TO THE S-911 VOTERS OF THE VILLAGE OF OAK BROOK COOK & DU SUBMISSION OF A PAGE COUNTIES. IL. AT THE GENERAI. ELEC'.TION ON PUBLIC QUESTION NQVEMBER 3. 1998: AT THE GENERAL ELECTION ON NOV. 3, 1998 The Village Attorney has drafted an ordinance calling for submission of a public question to the voters at the November 3, 1998 General Election. The public question is in substantially the same form as when the Village Board considered the matter at their meeting of August 11, 1998, except that it explicitly states that the proceeds of the sale would be used for making capital improvements to the Oak Brook Golf Club. Should this roughly three-acre parcel be sold, it is understood that the proceeds will be earmarked for the clubhouse and other improvements at the Golf Club. VILLAGE OF OAK BROOK Minutes 4 of 9 August 25, 1998 z� 60406 ' Alan Rocca 114 Canterberry Oak Brook, Illinois 60523 August 14, 1998 Mr. Stephen Veitch Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear Mr. Veitch, I am requesting that the Board of Trustees table my petition regarding the property commonly known as 3824 York Road,Oak Brook,Illinois,until September 22, 1998 in lieu of the already scheduled date of September 8, 1998. I hope that the Board of Trustees will grant my request so that I may have the additional time to address some of the various issues. Additionally, I have not received any written notice of the Forest Preserve or Park District's decision on purchasing this property as open space as of the date indicated above. Sincerely, n Rocca APR/ssk pc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois • 0 0 0 0 ,TULLE 'SBUR HISTORICI; i FOUNDATION ,' RECEIVED P.O.BOX 5131 OAK BROOK,ILLINOIS 60522-5131 AUG 0 7 1998 August 4, 1998 VILLAGE OF OAK CROOK FIRE DEPARTMENT Forest Preserve District of DuPage County PO Box 2339 Glen Ellyn, IL 60137 Dear Ms. Gow, Ms. Stone, Mr. Merkel, Mr. O'Shea: The Fullersburg Historic Foundation wishes to express concern over the disposition of the parcel of land at 3824 York Rd. It lies within the historic gateway area. This area has been the recipient of much financial assistance from the Forest Preserve District and the Villages of Oak Brook and Hinsdale-more than $5,000,000. This has been very helpful and has gone a long way in preserving the distinctive character of the area. With the $500,000 grant to reconstruct the Graue residence and the Ben Fuller house preparing to install mechanical systems, it would be a shame to see the area impacted negatively by commercial development; especially since a completed Graue residence and operating Ben Fuller farmhouse will tax the already limited parking capacity for all these attractions. If our local government bodies are not the protectors of this historic gateway area, then we deserve the results that ensue. There are overwhelming historic considerations active in this area and allowing commercial development would, in our opinion, be a degradation. It is our hope that some funds can be found by the Forest Preserve District (perhaps from the $75 million bond issue) to maintain the historic aspects of A-6:s d:SA-r: }M +4....n. L.I.. ni+nn^-��4 a.. a-;F vii.. n �� I �J r .J+I ...J i toll ulau Nei a gat I SC, a IVB VugI eiy •.V. �V���V «e .�<.: ivuI Ity aQ 'vvi✓Ii as I III wua�2 and val. Brook.. Y s truly, "Richardster Pres., Fullersb rag Historic Foundation cc: Ms.Karen Bushy Village of Oak Brook trustees Mr. D "Dewey" Pierotti, Jr. Mr. Dan Gooch 8 D. APPLICATION FOR CLASS A-3 LIQUOR LICENSE - YORK AT CLASS A-3 LIQUOR SALT CREEK TAVERN. INC.: LICENSE YORK AT SALT CREEK Mr. John Wissel has made application to the Village for a Class A-3 TAVERN, INC. liquor license. This establishment is located at 3702 York Road. All documentation requirements have been fulfilled and approved by Village Attorney Martens. A completed background check of the principal has been processed. The applicant was in attendance at the meeting. Motion by Trustee Kenny, seconded by Trustee Savino, to grant a Class A-3 Liquor License to York at Salt Creek Tavern, Inc. contingent upon completion of the liquor license application and approval by the Liquor Commissioner. ROLL CALL VOTE: Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Shumate. Motion carried. 8. DEPARTMENTAL REPORTS: No Business. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - ROCCA (3824 YORK ROAD) OZ NING ROCCA - MAP AMENDMENT. VARIATIONS. AND SPECIAL USE - ZONING MAP AMENDMEN' HISTORIC GRAUE MILL GATEWAY AREA CERTIFIC_A_TE OF VARIATIONS, ,SVD APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE - HISTORIC GRAUE MILL GATE4AY AREA Tabled at the Regular meeting of May 26, 1998. John Romanelli, CERTIFICATE OF representing the petitioner, requested the petition be continued to the APPROPRIATENESS Village Board meeting of September 8, 1998 due to architectural FLOOD PLAIN SPECIAL review and to determine if the Forest Preserve District of DuPage USE (3824 York Rd.) County wishes to purchase said property. Motion by Trustee Bartecki, seconded by Trustee Savino, to grant the request of the petitioner and continue this item to the September 8, 1998 Village Board meeting. VOICE VOTE: Mdtion carried. B. RECOMMENDATION - B.G.P. OAK BROOK L.L.C. (2205 22ND B.G.P. OAK BROOK STREET) - ZONING ORDINANCE VARIATIONS AND SPECIAL.L.L.C. - ZONING u ORDINANCE VARIATION` AND SPECIAL USE The proposal is for the Andy's Seafood and Steak House property to (2205 22nd St.) allow redevelopment of the site with a Walgreen's Drug Store facility. VILLAGE OF OAK BROOK Minutes 9 of 14 June 23, 1998 ti:� DR. ORIG'S STATEMENT Good evening, Madam President Bushy, Members of the Village Board of Trustees, friends, ladies and gentlemen. My name is Dr. Carlito Orig and I reside at 3900 York Road. As previously stated at the May 26, 1998 Village Board meeting, I am the homeowner immediately situated to the west of the vacant gas station on York Road. I did not attend the April 26, 1998 Village Board meeting because Mrs. Mitchell and Mr. Rocca told us that it was not necessary for us to attend the meeting. However, I am a concerned homeowner, as is everyone else in this room. We try our best to keep our homes nice and neat. We obey the rules and ordinances set forth by the village and in doing so, we safeguard the value of our property. It is not true that I do not care that an unfit commercial building is to be constructed next door to my home—I do care very deeply. Contrary to what others have said, I do not endorse Mr. Rocca's proposal due to the following reasons: 1. The proposed building will be constructed just 15 feet away from my property line. The zoning code requires that the distance of any commercial building to the next property line should be 60 feet. 2. According to a reliable source, the berm and the fence that is supposed to separate my home from the commercial building will be erected on my property—not on the property line nor on the commercial property. 3. Based on their plan, my driveway will be used as part of the bank's operation. If they will do this, the mature trees, shrubs, and the berm which were planted and constructed when my house was built to create a"buffer"from the previous gas station, will be demolished. Moreover, because of the resulting traffic,just going in and out of my own driveway will be a great inconvenience to my family. The traffic on York Road, north of Ogden is already congested enough during rush hours. What Oak Brook does not need is more traffic on York Road during rush hour. 4. The proposed building is also too tall and too big in proportion to the size of the lot and to the present vacant gas station. The proposal simply overwhelms the parcel. None of the above were disclosed to us by Mr. Rocca when he came over to our house prior to the April 26h Village Board meeting. 5. Lastly, the change of the zoning from residential to commercial will result in the loss of a "buffer"to the adjoining residential homeowners. In light of its historical value as the Historic Graue Mill Gateway, there is a possibility that this piece of property will be purchased by either the DuPage Forest Preserve or the Oak Brook Park District. If this piece of property remains as an"open space", it will serve as an extension of the Graue Mill as a mini-park and/or additional parking lot. This possibility I wholeheartedly endorse. After reading the Oak Brook Newsletter of June 1998, my hopes grew high that a favorable verdict would be made on this property because in doing so, we would all be in accord with the principal elements of the Village of Oak Brook Statement of Vision and Mission Statement, particularly the following: _ • "Engage in ongoing planning and development efforts designed to preserve and enhance the value of property in the Village. • "Consult with and involve Oak Brook citizens in the Village's decision-making processes." • "Vast open spaces and extensive cultural and recreational facilities." If we allow Mr. Rocca's plan with so many variances to proceed, it is unjust to us who reside within the immediate vicinity and indeed to the entire village. It will be detrimental to the preservation and enhancement of the value of our properties and a definite contradiction to the Village of Oak Brook Statement of Vision and Mission Statement. Moreover, when we bought our property, it was in the belief and trust that the zoning code of Oak Brook would be used to protect us. I am requesting and appealing to you Madam President Bushy and Members of the Village of Oak Brook Board of Trustees to be just and fair in considering this matter. Thank you and good night. . PHONE N0. . May. 22 1998 01:32PM P3 May 19, 1998 of orest Mr. Alan Rocca Alan Rocca Ltd, 735 Past Roodevelt Road reserve Lombard, Minolt 60148 i St r i Ct of Re: 2-9 Gfftw 101 Gatea&y upage Sim INUW&n ounty Dear Mr. s, We are in receipt of your letter dated May 15, 1998 stating that you have a contract to acquire the parcel at 3824York Road for$750,000. In the letter, you were inquiring whethcr the Forest Preserve District has an interest in buying the property, 185 Spring Avenue Glen Ellyn,IL 80137 At this time, the Commieiioners in District 2, whcrc thin property is located, P.O.Box 2339 have not made d uAr selections. Also, we cannot disclose whether rho Forest Glyn Ellyn,IL Preserve Distact has selected this site for consideration. 038.23N We hope to be finalizing our selections within the naxt few months. At that FAX 830rT90-1t 071 °3 atime we will notify you as to whcd=tiro site you have a contract on has 0 TDO 1.800-52a-0e57 bear selected for acquisition by the Forest Pmtcrve Commission. o•-Draw pr, Jr, Thank you for your understanding. www-.MW s,,x., Sincerely yours, vbrP� aw A.Ong, We"k KWW, anise Rooh11 Trema Land Acquisition Manager FAbo -ore GeecR EmAlve t> cc: Dan Gooch, Executive Director Scott Day PHONE NO. May. 22 1998 01:31PM P2 06/10r3 TUE 17:12 FAX 709 OPO $979 OAK BROOX PARK DIST. 12002 q Oa- k Brook Park District It Q IASO FOREST GATE ROAD • OAK BROOK, ILLINOIS 60523.2151 6:10/000.413:7 FAX:!,..1nj99U•8:i79 Vie Fax ( 630 ) 620-4924 Alan R=4, LTD 735 East Roosevelt Rd. Lombard, IL 60148 Attn: Alan Rocca President May 19, 1998 Deer Mr. Rocca, in response to your May 11, 1998 letter we wish to advise you that the Oak Brook Park District is very much interested in the property at 3824 York Road. On October 31, 1997 the Park District purchased a 60'x300' parcel at 3806 Spring Road, which is within the same vicinity of 3824 York Road. The house and garage were demolished last week and the area converted to open space. On December 5, 1997 the Perk District submitted a list of properties to the Forest Preserve Distnct of OuPage County to be considered as open space opportunities as a result of the successful passage of the November 4, 1897 $75 MM oounty referendum. The property at 3824 York Road was Included on this list, We agree with the Oak Brook and Hinsdale Historic Societies that this property In the Historic Gateway would be better suited for open space rather than cornmerclai development. , Presently the Oak Brook Paris District and the Forest Preserve of DuPege County are giving this matter consideration. fSincerely. David Fichter President cc:Jan Roehll --!I Alan Rocca 114 Canterberry Oak Brook, Illinois 60523 M June 16, 1997 Mr. Stephen Veitch Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear Mr. Veitch, I am requesting that the Board of Trustees table my petition regarding the property commonly known as 3824 York Road, Oak Brook, Illinois, until late July or early August. Sincerely, � Ian Rocca AR:gp cc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois 3f t IN THE CIRCUIT COURT FOR THE 18th JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS CITIES SERVICE OIL COMPANY, ) a corporation, et al., ) Plaintiffs, ) ) -vs- ) No. 71-1443-G VILLAGE OF OAK BROOK, ) a municipal corporation, ) yDefendant. ) �� i z6 PERMANENT INJUNCTION 1/ THIS CAUSE HAVING COME ON TO BE HEARD on the verified amended petition of the Village of Oak Brook, Defendant-Petitioner herein; and the Court having heard the testimony of witnesses called on behalf of the parties; and, having considered the various documents heretofore duly entered into evidence, together with a review of the report of proceedings and documentation giving rise to the entry of the decree in the underlying cause on February 18, 1972; and the Court, having been otherwise fully advised in the premises by the representations of counsel for the respective parties or said parties' successors in interest, as the case may be, HEREBY FINDS THAT: I. It has jurisdiction over the parties and the ssibject matter of this litigation including, without limitation, the power to enforce its process under the terms of the decree heretofore entered in this cause on February 18, 1972; 2. The aforementioned decree, together with all provisions thereof, both a express and implied, runs with the land which is the subject matter of this litigation, commonly known as 3824 York Road in the Village of Oak Brook, DuPage County, Illinois, which land is more particularly described as follows: PARCEL 1: That part of Tract B. J. Lynch Plat of Survey (Doc. No. 707775), a part of Lot 1, Gmoser and Blumii's Plat of Survey situated in that part of the South 1/2 of Section 36, Township 39 North, Range 11, East of.the Third Principal Meridian, bounded and described as follows j to wit: Commencing at the Southwest corner of the Southeast 1/4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the place of beginning thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 620 01' West, a distance of 175.0 feet to a point,. thence South 270 59' East, a distance of 60 feet to a point; thence North 700 09' East, a distance of 176.78 feet to a point and place of beginning, except that portion lying in Spring Road, dedicated for Highway purposes, all in DuPage County, Illinois. PARCEL 2: Lot 1 in J. Lynch's assessment resubdivision of part of Tract B in J. Lynch Second Plat of survey (recorded February 11, 1954, as document #707775) of part of Lot 1 in Gmoser and Bluma's plat of survey (recorded June 18, 1949, as document 570094), in the South 1/2 of Section 36, Township 39 North, Range 11, East of .the Third Principal Meridian, according to the plat of said J. Lynch's assessment resubdivision recorded May 2, 1957, as document 840938, in DuPage County, Illinois. 3. The present record owner of the premises described under paragraph 2 hereof is the First National Bank of LaGrange as Trustee under Trust Agreement dated June 4, 1975, and known as Trust No. 1090 wluch, together with Frank E. Mitchell, one of the beneficiaries thereunder, is a respondent in respect to the instant proceeding. 4. Frank E. Mitchell is, and has been, the owner and operator of a comm- ercial business conducted on and from said premises at all times since on/about August, 1972, and was possessed of actual knowledge relative to the decree heretofore entered in this cause. 5. The entry of said decree was founded in material part on the sworn testimony of witnesses appearing for the corporate plaintiff, the predecessor to those parties designated under paragraph 3 hereof, who represented_ that, were the relief asked for in the complaint granted, as it subsequently was, plaintiff would cause substantial improvements to be made on the subject premises, which improvements included, inter alia, modernization of the building existing on Parcel 2, the enlargement of said building by the addition of a third bay, addition of -2- a canopy over the purnp islands, certain landscaping improvements, and the like, all of which would supposedly be accomplished pursuant to a specific plan, the general scheme of which was appended as an exhibit to the pleadings in the underlying action. 6. Contrary to said sworn representations, neither the stated modern- ization, other improvements, nor any part thereof, were commenced or completed at any time relevant to the instant proceeding. 7. Said decree provided, in part, that the subject premises shall be used only for automobile service station purposes, in harmony with the stated representations of said corporate plaintiff and, furthermore, expressly prohibited any other use on the premises. 8. Said decree further provided that the use of Parcel i for automobile service station use is expressly conditioned upon the northerly forty (40) feet thereof being maintained in a grassed and landscaped condition. 9. At all times relevant to this action there was in full force and effect Village of Oak Brool< Ordinance No. G-60, as amended, which ordinance is known, cited and referred to as "The Zoning Ordinance of the Village of Oak Brook, Illinois of 1966", said ordinance having heretofore been duly adopted by the corporate authorities of said Village on March 22, 1966. 10. Excepting the findings of the 1972 decree regarding the yard setback requirements in conjunction with the specific modernization and improvement plan heretofore advanced by the corporate plaintiff, all remaining provisions of the cited zoning ordinance, together with all rules and regulations promulgated thereunder, apply to, govern, and control the subject premises in respect to the mandated exclusive use thereof for automobile service station purposes. 11. The relevant provisions of the cited zoning ordinance are consistent with acknowledged standards prevailing in the retail petroleum industry for automobile service stations. 12. Frank E. Mitchell, the respondent herein, has despite repeated requests and demands by duly authorized officers, agents and employees of the ; Village of Oak Brook, engaged in, and continues to engage in, a course of conduct which directly contravenes the express language and fair intendments of the aforementioned decree which incorporates, as a matter of law, all applicable provisions of the cited zoning ordinance. 1 13. . The foregoing includes the following specific acts done, or caused to be done, by said respondent in respect of the subject premises: a) The storage, keeping, and/or disassembly thereon of junk or otherwise inoperable vehicles, cannibalized automotive parts and accessories, discarded rubber tires, and the like; b) Tile failure to limit accessory off-street parking to the auto- mobiles of patrons, occupants or employees in the manner contemplated under the controlling zoning ordinance; C) The offering on said premises of storage or parking space for rent; d) The failure to conduct repair work within a completely enclosed building except where such repair work is minor in scope and for the customary purpose of servicing persons who arc parked in automobiles on the premises as an incident to their purchase of automotive fuels and lubricants; e) The offering for sale of motor vehicles situated on said premises; f) The parking of motor vehicles on the northerly forty (40) feet of Parcel 1 and the failure to maintain the same in a grassed and landscaped condition; g) Tile. parking of motor vehicles elsewhere on Parcel 1 in an area not improved with an all-weather hard surface pavement installed in accordance with Village of Oak Brook standards and specifications; h) The failure to construct and maintain required screening and landscaping for off-street parking areas. 14. The aforementioned acts of omission and commission by the respon- dent, Frank E. Mitchell, constitute violations under the following designated sections of The Zoning Ordinance of the Village of Oak Brook, Illinois of 1966: (a) XIV (B) (10) - Definition of automobile service station. (b) VIII (B) (2) - Scope of business district provisions. (c) XI (E) (5) - Use/accessory off-street parking. (d) XI (E) (9) (b) - Surfacing/accessory off-street parking. (e) XI (E) (9) (c) - Screening and landscaping/accessory off-street parking. (f) XT (E) (9) (e) - Prohibition against repair work conducted within accessory off-street parking area. 15. The court specifically finds that the subject premises are not being I used as an "automobile service station" as mandated under the 1972 decree; or as that term is contemplated under the controlling zoning ordinance which is incorporated therewith; or in conformity with acknowledged standards prevailing in the retail petroleum industry; and, further, that the subject premises have the appearance of a "junk yard" as defined under Section XIV (B) (69) of the cited ordinance. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, from this day forward, that respondents herein, First National Bank of LaGrange as Trustee under Trust Agreement dated June 4, 1975, and known as Trust No. 1090; and Frank E. Mitchell, and all persons or other entities claiming by, through or under them: (1) Shall conform to the terms of the 1972 decree respecting the use of the subject premises exclusively for automobile service station ' purposes. i i (2) Shall not store, keep and/or disassemble, 'on or about said premises, junk or otherwise inoperable vehicles, cannibalized automotive parts and accessories, discarded rubber tires, or the like. (3) Shall limit accessory off-street parking on the premises to the auto- mobiles of patrons, occupants or employees. (4) Shall not permit the prernises, or any part thereof, to be rented for parking or storage. (5) Shall conduct all repair work within a completely enclosed building except where such repair work is minor in scope and for the customary automobile service station purpose of serving persons who are parked in automobiles on the premises as an incident to their purchase of automotive fuels and lubricants. (6) Shall riot offer for sale any motor vehicles situated on the premises. (7) Shall not park motor vehicles on the northerly forty (40) feet of Parcel 1 and shall maintain the same in a grassed and landscaped condition. (8) Shall neither park nor permit the parking of motor vehicles elsewhere on Parcel 1 except in an area improved with an all-weather hard surface pavement installed in accordance with Village of Oak Brook standards and specifications; and which shall likewise conform with all other requirements of the Zoning Ordinance of the Village of Oak Brook, Illinois of 1966 relative to accessory off-street parking. (9) Shall comply with all applicable screening and landscaping provisions of the controlling zoning ordinance in respect to off-street parking facilities on the premises. IT IS FURTIII-'iZ ORDERED, ADJUDGED AND DECREED THAT: (10) The terms of the decree entered on February 18, 1972, do not insulate respondent, in any manner, from prosecution for zoning ordinance violations. (11) This Court expressly reserves the power and authority to enforce its process hereunder. (12) There is no just reason to delay enforcement or appeal of this order. ENTERA- Ju � C ��N� e THE LAW OFFICES OF ALFRED P. BIANUCCI, LTD. Attorneys for Village of Oak Brook 2000 Spring Road Oak Brook, Illinois 60521 (312) 654-2900 IN TIIL EIGIITEENTII JUDICIALC IRCUIT, DU PAGE COUNTY, 1VIIEATON. ILLINOIS CIO ) O R Q�r R 1 /CLLI ' a t�e9 to y for Q 'i'Clcf>lnxic ����- �•.7T EJV: fo 1- ,•1. i 1.14/7.2.- rn, • I' .fi:llv.CO.:aRSL:.Ct^r',rl . ..' :.. .'.': .. .. ._.: ^..•�.. ,.�1. • t\\'.IINS�:;1'lrtifiSJ?.1 It..�aa .Jar.:J.a rr/'I::nJ aid :� .. ..:i..�'3••• •• " /• 't JCS STATE OF ILLINOIS ) ) SS COUNTY-OF DU PAGE ) IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS CITIES SMVICE OIL COMPANY, a ) corporation Plaintiff ) vs ) No. 71-1443-G VILLAGE OF OAK BROOK, a muni- ) o o cipal corporation ) — Defendant ) — — • D E C R E E This cause coming on to be heard on the trial call and the court having heard all the evidence presented, having heard the examination of the witnesses, having examined all of the exhibits, having heard the arguments of counsel, and being fully advised in the premises, doth find as follows: 1. That this is a proceeding for Declaratory Judg- ment in a case of actual controversy. 2. That the plaintiff is the owner of two (2) parcels of property legally described as follows: PARCEL 1: That part of Tract B. J. Lynch Plat of Survey (Doc. No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit: Commencing at the Southwest corner of the Southeast 1/4 of Sec- tion 36, Township 39 North, Range 11, East of the Third Principal Meridian; thence East along the South line of Section 36, a distance of 250.5 feet to a f c i - __ - any i'•� • •, . v i } point in the center line of Spring Road au now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the place of beginning thence still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South 62° 01' Nest, a distance of 175.0 feet to a point, thence South 270 59' East, a distance of 60 feet to a point; thence North 700 09' East, a distance of 176.78 feet to the point and place of beginning, ex- cept that portion lying in Spring Road, dedicated for Highway purposes, all in Du Page County, Illinois. PARCEL 2: Lot 1 in J. Lynch's assessment resubdivision of part of Tract B in J. Lynch Secord Plat of survey (recorded February 11, 1954, as document .707775) of part of Lot 1 in ,Gmoser and Bluma's plat of survey (re- corded June 18, 1949, as document 570094), in the South 1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat of said J. Lynch's assessment resubdivision recorded May 2, 1957, as document 840938, in Du Page County, Illinois_ 3. That Parcel �Fr1 is presently zoned for residential use udder the Zoning Ordinance of the Villages of Oak Brook and Parcel I62 is presently zoned for commercial use under the same Zoning 2nance and is presently being used for the operation of an auto- ile service station. 4. That the general character of the neighborhood is business. 5. That the highest and best use of Parcell and Parcel #2 i.s for the operation of an automobile service station_ 6. That the setback lines of the Village of Oak Brook Zoning Ordinance in effect prevent the use of Parcel f"l and Pzrcel V2 by depriving the owners of the major portion of the property on which to construct a building and as such amounts to a confiscation of property without due process and therefore violates the constitu- tional rights of the owners. 7. That the plaintiffs are desirous of enlarging the exist- ing automobile service station by the addition of a third bay, by mudvrnizing the existing service station, and by construction of a ''�4a _ �. . ._ -. .... .... . .. - _w ..R'ri _ =:l_.. .f „�,i• .W a. .r.._ 'wG .y.:W _.:.t�i7�. • canopy over the existing pump islands, all as shown more fully on 4 the exhibit attached to the pleadings, and said exhibit and the testi- mony indicate that the plaintiff will provide for a forty (40) foot area to be grassed and landscaped an the Northern portion of Parcel Cal, and that the physical layout of the property is such that no harm will come to anyone from the granting of the prayer of this Petition and that in fact the alterations which will be made will en- hance the beauty of the neighborhood and add to the character of the neighborhood. 8. The enlarging of the existing automobile service sta- tion i ordance with the proposals submitted to this Court, will not diminish the value of the surrounding property, but in many ways will probably enhance the value. 9. That the granting of this Petition will not in any way diminish the beauty or historical value of Graue RIUll or any of the Forest Preserve property nor will it in any way dimish the value of any of the surrounding properties. 10. That the zoning of the Village of Oak Brook for resi- dential use for rarcel P-1 is not compatible with the character of the neighborhood and existing uses therein, and has no tendency to promote the health, safety, morals, convenience and general welfare of the citizens of the Village of Oak Brook and bears no relationship thereto. 11. That the zoning of the Village of Oak Brook of Parcel #1 is z.rbitrary, unreasonable and void and constitutes a taking of property without due process of law. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: • A EJV:fo 1-5 2/L5/i2 • 1. That the Zoning Ordinance of the Vi11aoe: of Ua;; Broor: is hereby declared to be unconstitutional and void as it applies to Parcel fF1 and as it applies to the front yard, rear yard and side yard requirements of both Parcels V1 and #2- 2. That the Village of Oak Brook and all of its off: curs, agents, servants and employees be and the same are hereby enjoined and restrained from preventing the construction of the additional bay and other improvements to the building on Parcel C-2, and the construction of a canopy over the pump islands on Parcel 62, and from the interference with the use of Parcel 01 for automobile service std on use. ��3- That the use of Parcel V1 for automobile service sta- tion use is based upon the representation that the Northerly forts %0=00-m— (40) feet will be kept in a grassed and landscaped area. That the Decree is based upon specific use proposed by the land owner as set forth in the record, and the land owner may proceed with said use but maL not proceed with a different use. ENTER: ✓ JUDGZ EDWARD J. VERTOVEC Attorney aL Lam 105 So. York Street Elmhurst, Illinois 60126 832-2333 -4- 6E 0 F 0,44- :�P B90 o e O y G C CO U N I VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 May 29, 1998 Mr. Alan Rocca, President Alan Rocca Ltd. 735 East Roosevelt Road Lombard, IL 60148 Dear Mr. Rocca: I am in receipt of your letter, dated May 15, 1998, inquiring about potential interest on the part of the Village in acquiring the real estate at 3824 York Road, of which you are currently the contract purchaser. If the Village was, or was to become, interested in acquiring the property, it would be bound to follow certain procedures as set out in State law and would express its interest directly to the fee owners of the property. I am not aware that the Village or any of its officials have expressed interest in acquiring the subject property. Sincer Stephen B. Veitch Village Manager /sv cc: Village President and Board of Trustees Thomas R. Hawk, Director of Community Development Funds for this purchase are contained in the Information Services Program (10-151) under the line items for Application Software, Training, Other Services and Computer Maintenance. Motion by Trustee Bartecki, seconded by Trustee McInerney, to waive bidding and authorize the issuance of a Purchase Order to Pentamation Government Systems, Bethlehem, Pennsylvania, for the purchase of IQ Report Writer software and annual maintenance, at a total cost of$15,994, plus travel expenses for on-site training. ROLL CALL VOTE: Ayes: 4 - Trustees Bartecki, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Caleel and Shumate. Motion carried. 8. DEPARTMENTAL REPORTS: No Business. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - ROCCA (3824 YORK ROAD) ZONING ROCCA - �.- MAP AMENDMENT, VARIATIONS, AND SPECIAL USE - ZONING MAP A`'.E.\T- HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF MENT, VARIATIONS APPROPRIATENESS FLOOD PLAIN SPECIAL. USE: AND SPECIAL USE - HISTORIC GRAL`E MIL1 Tabled at the Regular meeting of April 28, 1998. The petitioner has GATEWAY AREACERTIFICATE Or requested that the petition be tabled a second time, to June 23, 1998. APPROPRIATENESS If it is the Village Board's wish, it would be appropriate to remove the FLOOD PLAIN SPECIAL item from the table and pass a new motion to table it to the new date. USE (3824 York Road) Motion by Trustee Savino, seconded by Trustee Bartecki, to grant the request of the petitioner and table this item to the June 23, 1998 Village Board meeting. VOICE VOTE: Motion carried. Public comments were accepted as a matter of record for the Village Board of Trustees. Robert Waite, Fullersburg Woods Area Association President, read a letter to the Village Board indicating their opposition of the proposed project. A copy has been placed in the official file. Dr. Carlito Orig, 3900 York Road, read a letter to the Village Board explaining his opposition to the proposed project. A copy has been placed in the official file. VILLAGE OF OAK BROOK Minutes 7 of 9 May 26, 1998 3q, Fullersburg Woods Area Association Post Office Box 5112, Oak Brook. IL 60523-5112 Dear President and Members of the OakBrook Board of Trustees: At the annual meeting of the whole the homeowners of the FWAA present, voted unanimously to present the following statements of position to you in regard to the Rocca development. 1. The building is too large for the property. 2. We object to the rezoning of the north lot from residential to business. A buffer zone must be maintained between business and residential. 3. Changing zoning laws is a severe injustice to people who purchased property in the area depending on the current zoning regulations. 4. The neighbors' desires have been misrepresented to the village commission and boards. The immediate neighbors are not in favor of the project as presented. 5. It is a well known fact that spot zoning is the bane of all neighborhoods. In addition a precedent of this nature could very easily lead to a mini Ogden Avenue or Roosevelt road conglomeration such as some of our neighboring communities have on their borders. 6. The traffic in this area is already extremely congested throughout most of the day which is very easily confirmed if you take a ride driving either from Ogden to the north or Spring to the south. Res ectfully, ` �1, /Z/4/,Z Bob Waite, President MAY 0 G 1998 DR. ORIG'S STATEMENT Thank you Mrs. Bushy and Members of the Village Board of Trustees, for giving me the opportunity to speak on behalf of my family and myself. I am Dr. Carlito Orig. My family and I reside at 3900 York Road, the home situated immediately to the west of the vacant gas station on York Road, which is the subject of tonight's discussion. I am sorry that I was unable to attend the last Village Board meeting due to personal reasons. Moreover, Mrs. Mitchell and Mr. Rocca told us that it was not necessary for us to attend the meeting. However, I am a concerned homeowner, as is everyone else in this room. We try our best to keep our homes nice and neat; we obey the rules and ordinances set forth by the Village; and in doing so, we safeguard the value of our property. My mind was opened to a lot things after reading articles in the Oak Brook editions of"The Doings" and"The Press,"both dated May 1", 1998. These articles explained the plan to construct a two-story building to house a jewelry store, a bank with a drive-through window, and offices on the subject property. I began to understand that there is a possibility that this piece of property could be an"open space" -because it has historical value, as the historical Graue Mill gateway. Thus, it could be used as an extension of Graue Mill as a mini-park and a parking lot - which, as an Oak Brook resident, I wholeheartedly endorse. I also learned that as a citizen and a homeowner, I can voice and express my opinion. It is not true that I do not care that an unfit commercial building is to be constructed next door to my home - I do care very deeply. Contrary to what others have said, I do not endorse Mr. Rocca's proposal. I adamantly oppose the plan,as I have also learned that the proposed building will be constructed 15 feet away from my property line - when in fact, the required distance from any commercial building to the next property line should be 60 feet. We are not even talking about the so-called "reasonable relief' in this situation. Furthermore, according to reliable sources, the burm and the fence that is supposed to separate my home from the building will be erected on my property and not on the property line nor on the commercial property. According to their plan, my driveway will be used as part of the operation of the Bank. Presently, my driveway is professionally landscaped with mature trees, shrubs, and a burry which were planted and constructed when the house was built to create a"buffer"from the previous gas station. In their plan, these trees will be cut down in order to have access to the bank operation. You can well imagine the traffic jam that will occur going in and out of my own driveway to reach my home. Lastly, the proposed building is also taller and bigger in proportion to the size of the lot and to the present vacant gas station. I believe that this will create an equally undesirable eyesore. Therefore, I strongly oppose any`unfit" commercial building, with too many variances, being constructed in front of my home. I thank everyone for allowing me this opportunity to express my feelings and those who, in one way or another, support us in this difficult situation. Again, thank you. E OF Oq G ,t :�P X90 � o 'e G y ?O 9C�0OUNT-1 VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMORANDUM DATE: May 15, 1998 TO: Village President and Board of Trustees FROM: Stephen B. Veitch, Village Managerl�// SUBJECT: Rocca Petition -3824 York Road Pursuant to the motion to table adopted at the April 28 meeting of the Board, the petition for rezoning, special use, flood plain special use and variations appears on your May 26 agenda as unfinished business. By way of the attached letter, the petitioner has requested that the petition be tabled a second time, to June 23, 1998. If that is your wish, it would be appropriate to remove the item from the table and then pass a new motion tabling it to the new date. /sv attachment Alan Rocca 114 Canterberry Oak Brook, Illinois 60523 May 15, 1997 Mr. Stephen Veitch Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear Mr. Veitch, I am requesting that the Board of Trustees table my petition regarding the property commonly known as 3824 York Road, Oak Brook, Illinois, until June 23, 1998. I need the additional time to address some of the various issues. Furthermore, this will allow the Village, Park District and/or the Forest Preserve to come forward if they have any interest in purchasing this property as open space. Sincerely Alan Rocca AR:gp cc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois 3s. Ai n Rocc Ltd. Fine Jewellery 735 East Roosevelt Road Lombard Illinois 60148 Tel 630 620 4300 Fax 630 620 4924 May 15, 1998 ypvvEo Mr. Stephen Veitch 11AY 1 b" 19M Village Manager Village of oak Brook VILLAGE OF OAK CROOK, IL. 1200 Oak Brook Road ADMINISTRATION Oak Brook, IL 60523 Dear Mr. Veitch: I am under contract to buy the property at 3824 York Road, in Oak Brook, for $750, 000. The Oak Brook and Hinsdale Historical Societies believe this property is better suited for open space rather than a new commercial building. One of their approaches is to have the Village of Oak Brook buy the land. If the Village of Oak Brook is interested in buying this property, I will find another site for my business. Please let me know the Village's intentions. Thank you. Sincer i R do president AR/ssk PC: Thomas R. Hawk Director of Community Development Oak Brook, Illinois 3�. the Village Board at their May 12, 1998 meeting. This provision states that if the applicant does not wish to proceed with the proposed project,the rezoning would revert to its present zoning. Trustee Shumate stated the Village should be aware of a significant increase in traffic on 22"d Street from this establishment and adjustments may have to be made in the future. Motion by Trustee Bartecki, seconded by Trustee Savino, to direct the Village Attorney to draft the necessary ordinances to be brought back for action at the Regular meeting of May 12, 1998 which would include the following conditions: 1) The property is to be developed in substantial conformity with the submitted Site Plan, Concept Building Elevations, Concept Sign Detail Plan, and Landscape Plan, and in accordance with all applicable codes and regulations; and 2) All lighting shall be so constructed to avoid light spillage and shall be designed to prevent visibility of the light source by the residential property owners to the south. VOICE VOTE: Motion carried. B. RECOMMENDATION - ROCCA (3824 YORK ROAD) ZONING ROCCA - MAP AMENDMENT. VARIATIONS, AND SPECIAL USE - ZONING K--P AIIIENDMEa HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIO',S, APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE - HISTORIC GRAUE MILL GATEWAY AREA Don Hindman, 606 Wood, complimented the Village Board for their CERTIFICATE OF efforts and wished the Trustees to know that he and his wife approve APPROPRIATENESS the proposed project. President Bushy indicated receipt of a letter FLOOD PLAIN SPECIAL (via FAX) from Karen Krohn, 1010 35`h Street, indicating her USE (3824 York Road opposition to the proposed project. The Trustees have received copies of the letter. Village Manager Veitch highlighted the particular recommendations of the Zoning Board of Appeals and Plan Commission. All of these recommendations were unanimous with the exception of the Zoning Board of Appeals 5 to 1 vote of the yard variations. Rezone Parcel Two from R-3 to B-3. Variations requested of the front yard from 100 feet to 73 feet, northern side yard from 60 feet to 40 feet, the rear yard from 60 feet to 15 feet and the southern side yard from 60 feet to 20 feet. Grant a variance to permit a ground sign that is free standing on a parcel smaller than three acres. Variation of size and location of loading berth and screening in a certain manner. Proposed on VILLAGE OF OAK BROOK Minutes 14 of 18 April 28, 19981 southern side of building to provide backing into facility for garbage pick up. Variation to permit a 6-foot solid fence on the back property line added to the petition during the hearing process at the request of the property owner. The published hearing notice made provision for a similar variation on the north lot line. This particular issue was tabled by the Zoning Board of Appeals in the absence of testimony by the adjoining property owners from the north. One of the two special use issues is the drive-thru of a tenant. The bank would be a permitted use in the B-3 District, but the drive-thru requires a special use. A Flood Plain Special Use allows occupancy and reconfiguration requiring compensatory flood plain storage at a volume of 1.5 to 1 subject to engineering approval. The compensatory storage proposed is in a dry basin at the north end of the property. The storm water detention is proposed in a system of large pipes beneath the parking lot. The Plan Commission recommends a Certificate of Appropriateness be granted to Section VIII A. of the Zoning Ordinance that sets forth the historic Graue Mill Gateway special zoning provisions. The requirements were met as submitted for the Certificate of Appropriateness. At issue is the execution of the land use through site planning, architectural design, signage and landscape design. Village Manager Veitch indicated, if the Village Board concurs, that the Village Attorney should be directed to draft the necessary documents for their approval. He further explained the restructuring of the license agreement to provide use of the undeveloped right-of- way of Glendale Avenue for a driveway to the home located west of the subject property. This requires a three part agreement to allow a portion of that driveway to be used as an exit of the proposed bank drive-thru facility. Secondly, it would be necessary for the Village to join with the property owner to petition the Court to vacate the consent decree that limits the use of the property to its former use as a service station and associated parking. David Gooder, representing the applicant, appeared before the Village Board to answer any questions of the Trustees. Trustee Caleel asked if they had an agreement with the property owntr to the north. Mr. Gooder indicated the property owner has not suggested what they would prefer. The west property owner has not appeared during the public hearings in opposition of the proposed 6-foot solid fence. The solid fence is in place now and the adjacent property owner wishes to retain this fence and extend it to the northwest corner of the property with some landscaping proposed. VILLAGE OF OAK BROOK Minutes 15 of 18 April 28, 1998 zl� W439& Trustee Bartecki voiced a concern for the number of variations presented by the petitioner. Mr. Gooder noted that the setbacks were found unconstitutional twenty years ago as applied to this property because it totally prohibited any type of development. Trustee Savino inquired as to why the building had to be so large. Mr. Gooder explained that the building is relatively small for the property at .28 FAR. The size is for the need to fund the cost of all the compensatory stormwater storage that is required by our Village Code due to the flood plain. To utilize the property, variations are required to build any type of structure on this site due to the flood plain and the existing depth of the property. John Romanelli, Realtor, spoke on behalf of the petitioner regarding the need for this type of commercial tenant. The bank has restrictive hours for the area residents and is the best use as a tenant. Public comments were heard by the following residents: Robin Zahran, 718 Acorn Hill, asked why such a large structure has to be placed in a residential area. There are too many variations for such a small piece of property. It could be economically feasible without spending so much money on the structure. Donald O'Neil, Fullersburg resident, suggested there are two unacceptable alternatives: too large of a structure for the site, and a piece of property that does not allow a structure to be built due to the current zoning codes. He asked that some type of accommodation be reached with the developer. He read a letter to the Village Board from the Fullersburg Homeowners Association President, Judy McDade, stating the Association's official position of preserving the historic Gateway area and their concerns of twenty-four hour lighting for the bank and the drive-thru exiting on the public right-of-way. The letter was given to Village President Bushy so that it will be a permanent record with this application. Joseph Rush, 3721 Spring Road, agreed that the property is unbuildable and that some relief needs to be given to the property owner, but the present proposal is too much bulk for the size of the property. He asked that the petitioner consider reducing the size of the building so that less variations are required. Blanche Bluma, 3810 Spring Road, property owner in the rear of the proposed building, addressed the concern of the adjacent property VILLAGE OF OAK BROOK Minutes 16 of 18 April 28, 1998 4(11 33 owner's, Dr. Carl Orig, driveway being used as proposed. She does not believe that he is aware of the proposed usage of his driveway for the bank facility. Mary Ellen Mauro, Secretary of the Oak Brook Historical Society Board, stated the Board's opposition to the proposal and asked that the property be an open space rather than developed to retain the historic area of the Gateway. She suggested the possibility of a grant for open space. Robert Waite, 3609 Madison, inquired if the Du Page Forest Preserve's approved referendum to fund purchases of property in Du Page County could be sought for this property. President Bushy explained that$10,000,000 is to be spent for each District. Four District II Commissioners would recommend to the Forest Preserve District what properties to purchase in our district. Mr. Waite stated this property could be used for overflow parking from the Graue Mill. President Bushy recommended some type of action should be taken on the proposal rather than referring it again to the Zoning Board of y Appeals or Plan Commission. Motion by Trustee Caleel, seconded by Trustee Bartecki, to reject the proposal as presented. Trustee Kenny commented that the Village is trying to eliminate the existing facility and to determine an appropriate use of the site. There should be something appropriate for this property. This particular use is elegant but too big and could a less intensive facility be proposed. Trustee Caleel mentioned the conversion of a residential parcel to a commercial parcel in a residential area is very significant. Trustee Kenny suggested that the property would not be suitable for residential use due to its location and the commercial use would be more appropriate in terms of size and bulk. President Bushy suggested the necessity of a drive-thru may be reconsidered by the petitioner and be removed due to the objections of traffic movement. The petitioner may then request this be tabled and come again before the Village Board for discussion. Mr. Gooder, representing the petitioner, asked that this item be tabled so that the petitioner may address the concerns raised and be brought again to the Village Board for their review. VILLAGE OF OAK BROOK Minutes 17 of 18 April 28, 1998 ZK 33� Motion by Trustee Caleel, seconded by Trustee Bartecki, to table this agenda item to the Village Board meeting of May 26, 1998. VOICE VOTE: Motion carried. 10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. 11. ADJOURNMENT: ADJOURNMENT Motion by Trustee Bartecki, seconded by Trustee Caleel, to adjourn the meeting at 12:20 a.m. VOICE VOTE: Motion carried. ATTEST: Lind K. Gonnella, CMC Village Clerk bot42898 VILLAGE OF OAK BROOK Minutes 18 of 18 April 28, 1998 33 � Karen A. Krohn 1010 351 Street Oak Brook, IL 60523-2701 (630) 654-3175 Home (630) 654-3074 Fax E-mail to KarKrohn(dlaol.com April 28, 1998 Fax to: 990-0876' Karen Bushy, Village President Village of Oak Brook Oak Brook, IL 60523 -6E QF Re: 3824 York Road Property A,0 M 1!',a" Dear Ms. Bushy: Regarding the above topic, my husband, Frank, and I strongly oppose the proposed 8800 sq. ft. building to be built on the old gas station property. We believe that variations to zoning laws should not be granted unless absolutely necessary. It seems as if that area is already congested enough due to the office buildings closer to Ogden. Traffic is already a problem during peak times. We would attend the meeting in person, but we just arrived home from vacation and had a prior commitment for this evening. Cordially, /Karen Krohn L.ettens.Karen Bushy Td I l.�i=ii�:1-Q =.r".r•T =- i.�H r�i=ic r�� 0`9 . 'Cil I Ell 10H,:� I lHO-� 1 Lawrence E. Klinger 1218 Indian Trail Pill C� Hinsdale,Illinois 60521 ,,, (630)323-7222 APR ! U Iy_o VILLAGE 0r OAK BROOK, IL. ADMINISTRAT1C31N April 26, 1998 Ms. Karen Bushy, President Village of Oak Brook 1200 Oak Brook Road Oak Brook, ill . 60523 Dear Karen: I have just been informed of a proposal to approve rezoning of a residential R-3 parcel and the construction of a multi-purpose commercial building at 3824 York Road. Because of the involvement of both of our villages in the long struggle to protect the Historic Gateway to Oak Brook from commercial encrocachment, I felt it necessary to inform you of my concerns on this matter and request that the Board of Trustees of the Village of Oak Brook refer this matter back to the Plan Commission for further study. As I have been informed, the parcel in question will consist of an 8, 800 square foot building including a jewelry store, bank, real estate office, etc. plus parking. In order to be approved by the Planning and Zoning Commissions, the parcel would need at least 12 approved variations from the Oak Brook Building and Zoning Codes . Based upon my personal experience with the Village of Oak Brook in the early 1980 ' s when my employer( Swift & Co. ) made a change in use of their building from an R&D Center to an office building, we had an extremely difficult time convincing the Village that we would not be in violation of their Building and Zoning Code as far as parking spaces were concerned. For at least one year, the Police Dept. made regular checks of our parking lot and the number of employees in the building. Now these two Commissions intend to give approval for 12 variations in your Building and Zoning Codes for this proposed building in the Historic Gateway? If so, what has been averted at great expense for the East side of York Road in the Historic Gateway will be completely reversed on the West side of York Road. I urge you to return this subject to the Plan Commission for more thorough study. Sincerely, 3t. 3815 Washington Street Oak Brook, Illinois April 21, 1998 Dear Dr. Caleel, I am asking you, as a Trustee of the Village Board, to vote against the Rocca proposal for 3824 York Road. I have no quarrel with the design of Mr. Rocca's building. There obviously has been much thought in the development of its harmonious design with the Historic Gateway concept. The entire development, however, will be built at the expense of the local residents, and that, in itself, is an egregious act. In 1984, my husband and I bought property along Washington Street, which was subsequently divided into three lots. We developed, and maintain on a biannual basis, a flood water system along the eastern border of these properties. We moved into our new home in August, 1987, immediately in the aftermath of a 100-year flood. As I stood on our deck looking out at Salt Creek which was now lapping at our steps, I had two thoughts: 1. Thank God for Dale Durphy and all the "trouble" he gave us 2. Thank God for the Village of Oak Brook with its stringent rules and zoning regulations I realized at that moment, with such clarity, that Oak Brook's stringent rules protected all of its citizens and that, that now, included me. I felt such pride in belonging to a community which so zealously guarded the interests and welfare of its citizens. That the Planning Commission and the Zoning Board have granted Mr. Rocca relief from all adherence to the zoning restrictions is an abrogation of the public trust. These zoning restrictions were put into effect to protect the local citizenry from commercial properties. It is embarrassing to have to state the above, but it seems as if the Planning Commission and the Zoning Board have forgotten that crucial fact. You were given the power by the citizenry of Oak Brook to act on their behalf. You are entrusted with the safekeeping of all of Oak Brook's citizens, no matter where they reside within the Village. I ask you to uphold this sacred public trust. Respectfully, A�,�4 Mary Lebbin (630) 789-8621 �♦v�G�OF oAk 9 OOf A �J O N G O 4 � 9C�COUN-O.�y.. VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO April 22, 1998 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Developmen 14 SUBJECT: Rocca -3824 York Road -Zoning Map Amendment-Variations- Special Use Historic Graue Mill Gateway Area Certificate of Appropriateness- Flood Plain Special Use The Plan Commission and the Zoning Board of Appeals have concluded their hearings with respect to the Rocca proposal for the redevelopment of the automotive service station property at 3824 York Road. Both bodies have recommended across the board approval of all of the requested actions. In addition to the above, it will be necessary for you to approve the following: 1. Entering into a new agreement with the owner of the home at 3900 York Rd. and Mr. Rocca regarding the use of the unimproved Glendale Ave. right of way for a private driveway. 2. Joining with Mr. Rocca and the Mitchell's in doing whatever is necessary to set aside the court orders currently affecting the use of the property. If it is your wish to proceed toward approval of this proposal it would be appropriate to pass a voice motion authorizing Attorney Martens to draft the necessary documents (ordinances, agreements, etc.)to be brought back to you for action at your May 12, 1998 meeting. Conditional Elements: The following conditional elements should be included in any approval of this proposal: 1. The property shall be developed in substantial accordance with the Site Plan, Landscape Plan, and Elevation Plan as submitted. 2. The Flood Plain Special Use shall be subject to final engineering approval and include requirements for maintenance of the stormwater management facilities. BOT-Rocca REC.doc April 22, 1998 President Bushy and Board of Trustees RE: Rocca - 3824 York Road Page Two Background For a detailed review of this proposal, please see my memo to the Plan Commission and Zoning Board of Appeals on March 11, 1998 (page 11-11d of this file). Comment We have not received any comments from either of the abutting residential property owners and they were notified as part of our notification procedure. Based on testimony of the petitioner, the property owner to the west would like to see a six (6')foot solid fence along the abutting lot line. I have discussed the proposal with the son of the owner of the property to the north (Mr. Greco) but, as of now, have received no further comment. TRH/gp cc: Petition files BOT-Rocca REC.doc e • GOOF Ogke ,��yP AOOf O N G C COON-0+ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 April 22, 1998 President Bushy and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: Rocca - 3824 York Road - Zoning Map Amendment-Variations - and Special Use Historic Graue Mill Gateway Area Certificate of Appropriateness - Flood Plain Special Use Dear President Bushy and Board of Trustees: The Zoning Board of Appeals at its meeting on April 7, 1998, held the required Public Hearing regarding the Rocca proposals for the redevelopment of the property at 3824 York Rd. The Zoning Board of Appeals had received the Plan Commission recommendation of approval. Several citizens, primarily representing the Historical Society, testified in opposition to the proposals on the for the following reasons: • The variations requested were excessive. • The building size was too large. • The development didn't fit the intent of the Historic Graue Mill Gateway Area. • There was an inadequate buffer to the neighboring residential homes. • One citizen suggested that the property should be acquired by either the DuPage Forest Preserve District or by the Oak Brook Park District. The Zoning Board of Appeals members did not agree with these objections and noted that the immediate neighbors, which will be most affected by the project, have not raised any objections. The consensus of the Board was that the proposed Rocca development is an attractive solution to the long standing distressed condition of the property that currently exists. ow' i April 22, 1998 President Bushy and Board of Trustees RE: Costco Wholesale - 1901 -22nd Street Page Two In a series of motions, the Zoning Board of Appeals recommended approval of the following: 1. Rezoning of Parcel 2 from R-3 to B-3. 2. Approval of the setback variations, fence variations, loading berth variations, and signage variation. 3. Approval of the bank drive-thru Special Use. 4. Approval of the Flood Plain Special Use subject to final engineering approval and including a provision for maintenance of the flood management facilities. The above actions were all by votes of 6 to 0 with the exception of the setback variations where one member had reservations regarding the rear yard setback. Very truly yours, NOTE:Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals cc: Petition file IRR � R OAK BROOK H ISTORI CAL SO C I E T Y P.O. BOX 3821 OAK BROOK, ILLINOIS 60522 April 16, 1998 Ms. Karen Bushy, President Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 - Dear Ms. Bushy: The Oak Brook Historical Society board voted unanimously to oppose the proposal to include a rezoning of the residential R-3 parcel and the construction of a jewelry store and bank building at 3824 York Road in the Historic Gateway. The serious precedent of the number of the required variations requested by the petitioner was ignored by the Oak Brook Plan Commission and the Zoning Board of Appeals. The portion of the parcel zoned residential R-3 has been maintained by prior boards as a buffer between commercial and residential properties. The owner of the operating gas station simply was given permission to park cars on half of the R-3 parcel . The proposed construction is EXCESSIVE for the property and certainly NOT APPROPRIATE in the Historic Gateway. Approval of the numerous variations requested, above all , would create very dangerous and critical PRECEDENTS in zoning for the Village of Oak Brook. Over recent years, a total of over $5 million has been invested on the east side of York Road to protect the Historic Gateway from commercial encroachment. The amount has been paid jointly by the Forest Preserve District of DuPage County, State of Illinois and also the Villages of Hinsdale and Oak Brook. The lands, which had been zoned commercial -and were purchased, include 12.5 acres north of Salt Creek, the Schwendener property, and property lying between the Sav-Way Liquors and the Forest Preserve. Changing the zoning of the property at 3824 York Road from R-3 to commercial B-3 will trigger commercial use along the length of the west side of Spring Road in the Historic Gateway. What has been averted at great expense for the east side of York Road in the Historic Gateway will be completely reversed in respect to the west side of Spring Road in the Historic Gateway. The Oak Brook Historical Society urges the Village of Oak Brook Trustees to deny the proposal under consideration. Sincerely, Mary ELTlen Mauro Secretary of the Board cc: Village of Oak Brook Trustees or/&' FIS Z C)e: (;rW g V a7rCtr � KRB ti 3 OL!+) �• George&Dottie Homeyer 27 Windsor Dr. Oak Brook, Ill.60523 April 6, 1998 Oak Brook Zoning Board of Appeals Oak Brook,I11. To Whom It May Concern: We recently received a notice from the Oak Brook Historical Society asking us to support them in protesting the rezoning of land at 3824 York Rd. For the last several years a dilapidated gas station and car repair shop has been at this location. We feel that the proposed bank and jewelry store would be a greater enhancement to the area than the current structure that exists. We support the necessary changes in the zoning to bring about the beautification of this property. Sincerely, "U Dottie Homeyer RECEIVED APR - 81998 �6. V. ROCCA - 3824 YORK ROAD - ZONING MAP AMENDMENT- VARIATIONS AND SPECIAL USE HISTORIC GRAUE MILL GATEWAYAREA CERTIFICATE OF APPROPRIATENESS - FLOOD PLAIN SPECIAL USE David Gooder, Attorney for Allen Rocca, contract purchaser of 3824 York Road, reviewed the background and history of the property. He then reviewed the proposed changes to the site describing the building being scaled down to a residential feel with a low roof, double hung windows, canopies and walkways. The property is the first seen or the last viewed in Oak Brook, and they want it to identify with the Gateway area. There currently exists a six foot fence that will be remodeled and be extend to the far west corner. This was added to the petition at the neighbors request and they have approved the location. They have talked to the property owner to the north and have not yet received a final statement regarding a fence along the north side of the property. The Village Engineer determined several years ago that part of the property was located in the flood plain. Earlier it had been classified as totally out of the flood plain. The proposal involves a total removal of the former service station and all accessory facilities. The new structure will be an attractive two-story business building with a stone exterior and a parking lot in front of the building. It also includes providing all the stormwater storage required by the Village, by a combination of underground piping under the parking area in the front of the building and a detention basin at the north end of the property that wraps around the west side of the property. The ground floor of the building will have a drive-in bank and jewelry store, and the second floor will have professional offices. The subject property is located on a busy street, across from the Sav-Way Liquor store, and just north of office buildings and a McDonald's. North of the property there is a vacant strip of land, property owned by the Forest Preserve District, including the Graue Mill. On the west side of Spring Road are several residential homes and the Village Gate Tavern, followed by more residential homes. The property consists of two lots. Hawk noted that the north lot has not had a structure on it in recent years, but is approved under the Court orders for accessory parking to the service station. Bob Mifflid, Architect, reviewed the issues on the property. The property is at the very beginning of town, a gateway into Oak Brook. It is located in a historic area, and the owner was seeking a traditional commercial building. The two-story brick and masonry building with wood accents was designed to be compatible to the kind of issues that are being developed in the historic district. He reviewed the design and uses of the building. It will house Rocca Jewelry and a full service bank with two drive-in teller stations on the first floor. The second floor will be office space that is accessible to a centrally located atrium tower for use when the other businesses are not open. They are proposing to replace an existing fence with a new wood fence at the rear of the property. Hawk noted that the fence along the west and north end was not part of the original plan, but was added to the plan to address possible concerns of the two neighbors. Gooder noted there is a driveway on Glendale Avenue that is a right-of-way owned by the Village that is used by the property owner by way of agreement with the Village. The bank drive-in will exit onto Glendale and will have to be shared with the property owner. Hawk clarified that the driveway would have to be increased to handle two-way traffic. The driveway exists by an agreement with the Village to allow the property to the west (3900 York) to maintain a ZONING BOARD OF APPEALS Minutes April 7, 1998 5 �� private driveway on a public right of way. To his knowledge the Village has no intent to improve the Glendale Avenue right of way, it dead ends shortly to the west of the home. Without the right of way the property (3900 York) would have been land locked. The solution to the problem was to allow the property owner to make use of the right of way for a private driveway. Some form of three-party agreement would be necessary between the property owners and the Village regarding the existence and maintenance of the driveway. Robert Fleck, Landscape Architect described the present landscape. The property is dominated by buck thorn, which is the number one enemy of the forest preserves. It also has box elder and Siberian elm which are all considered to be weed species that grow and die very fast. They plan to remove and dominate the landscape with white pine, swamp white oak and red oak trees. Most of the landscaping is along the southern part of the property and around the parking lot.. All Village requirements will be met for caliper size and hedge plantings. Jerry Miskovic, Laser Consulting Engineers, said the property is approximate .76 acres and there is flood plain on the site. The flood elevation takes up about 50% of the lot. They are seeking to move the flood plain farther to the north creating a flood plain detention basin that would provide the 1.5 compensatory storage as required. The stormwater management detention required for the site will be under the parking lot in a 48" pipe. The flooding on the site does not necessarily occur at the time of the heavy storms. It is a back flow system from Salt Creek where the water backs up through the storm system and then comes in and floods the area. The condition will not be any different from what it is today. They will not be raising any surrounding flood waters. The flood plain will remain at the same elevation. The parking lot will be two feet above and the building will be three feet above high water. They feel this stormwater management is viable and would work. It will not create hazards or problems to people in the area. There will also be no damage to the building from the flood plain. Dave Gooder reviewed the zoning requests and believes they have met all the standards of the Ordinance and the requests do not create danger or difficulty for the people or property in the area. They are necessary because the property owner cannot yield a reasonable return on the property. The physical shape, surroundings and topography create a hardship on the property owner. The plight of the owner is due to unique circumstances and would not be applicable to other properties in the Village. Granting the requests will not alter the essential character of the locality. 1. Rezone Parcel Two from R-3 to B-3. The parcel is less than ten thousand square feet and would make it one of the smallest residential lots in Oak Brook and could not meet any of the setbacks. The parcel will be a single zoning lot under single ownership and control. 2. Variations requested: a. To reduce the front setback from 100' to 73', the north side from 60' to 40', the west side from 60' to 15 feet, and the rear yard setback from 60' to 20', per the petition submittals b. The ground sign, will comply with the symbol required by Graue Mill/Gateway Area (based on bronze letters compatible with the building sign) illuminated by landscape lights. c. Off street loading berth locations. d. Six foot solid wood fence on north and west boundary. ZONING BOARD OF APPEALS Minutes April 7, 1998 6 AT64 • i 3. Special Use bank drive-in requires a Special Use Permit. 4. Flood Plain Special Use Permit will meet all the requirements of the Ordinance. 5. Certificate of Appropriateness since they are in the Historic Graue Mill/Gateway Area. The Gateway development plan includes the site plan, landscape plan as well as design of the building. The request to rezone Parcel Two to B-3 is necessary to provide additional parking and the economic value to support the cost of construction and maintenance. Not allowing the change diminishes the property value and prohibits any development of the property at all. Member Aldini questioned if there were any alternative plan. Gooder said that this is the only plan. Based on the economics, it does not make financial sense because of the number of costs, price of the property, it would not be economically feasible. They spent five months reviewing the property and preparing a design to fit the site. No one in the audience spoke in support of the petition. Chairman Davis asked if anyone would like to speak in opposition to the request. Mary Ellen Mauro, Secretary of the Oak Brook Historical Society, read a letter from the society stating they object to the request. They feel it sets a precedent, is excessive, not appropriate for the Gateway Area, and allows the commercial area to encroach the residential area. Judy McDade, President of Fullersburg Woods Homeowners Association, read a letter in opposition to the development. She cited the intent of the Zoning Ordinance, the present state of the structure as "an eyesore" is the present owners fault. The bulk of the building should be reduced. Setback variations are too close to neighboring property owner. She said that the Gateway Ordinance was established to protect the area. She said there is too much building here for this small lot. She believes this would be an over development of the site and not appropriate for this area. O'Neil, resident questioned the water retention of the pipes, and felt a 6' wall was inappropriate. Romanelli answered that the residential neighbor to the west requested the fence and the both neighbors to the west and north of the property have no objections to the plan. Mary Ann Levin, 3815 Washington, said she lives behind the development and they have water management problems in the area. She questioned how the water was going back into Salt Creek and not into their system. Jerry Miskovic, responded by saying, the structure is in the right of way of York Road, and the system picks up water in area. Most flooding occurs later . They are on the fringe and not taking it lightly. They are trying to keep the area dry on top, they are keeping the water underground to keep it in and out without problems to the neighbors. Member Hasen questioned if the development will impact the residents. Miskovic, responded that it would not. Patrick Mauro, 38 Mockingbird, challenged Gooder that there are other uses for the property. The property could be used by DuPage County or the Forest Preserve District. He also suggested the ZONING BOARD OF APPEALS Minutes April 7, 1998 Oak Brook Park District could be interested in purchasing the property. He said that Tom Hawk should have contacted and consulted with the Forest Preserve District of DuPage County and the Oak Brook Park District to see if they would like to buy the property. Chairman Davis interrupted the resident's testimony when he appeared to be verbally attacking, staff, the property owner, the petitioner, and petitioner's attorney. Joe Rush, former Trustee, said that the proposed development is attractive and in the proper setting would be very attractive. He felt the size of the project was too large for the site and too many variations are being requested. He agreed to develop the site some relief would be necessary. He felt it would be counter productive to allow commercial development on this site. He felt granting the relief would be a mockery of the Zoning Ordinance and it would be opening the doors to allow the commercial creep up York Road. There was a general consensus among the Members that this appeared to be a very good solution to the many problems on this piece of property. With and F.A.R. of .28, it is not an intensive use of the property. Member Aldini stated that he felt the rear setback requested was too small. Member Ascher noted that he considered all the factors presented. The impact of this request would be directly on the neighbors adjacent to the property. The neighbors have not spoken against the proposal and none of them have sent a written objection or chosen to appear to object, even though they have been notified and are aware of the proceedings. Member Ascher moved, seconded by Member Shah, to recommend for approval the rezoning of Parcel Two from R-3 to B-3 in substantial accordance with the plans as submitted: The Petitioner has met the standards required as stated on pages D through D-4 of the Petition File. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. Member Ascher moved, seconded by Member Hasen that the Petitioner having satisfied the required standards to recommend for approval the variations requested to the setbacks in substantial accordance to the plans as submitted. ROLL CALL VOTE: Ayes: 5 - Ascher, Butler, Hasen, Shah and Davis Nays: 1 - Aldini. Absent: 1 - Dosedlo. Motion Carried. Member Shah moved, seconded by Member Butler that the Petitioner having satisfied the required standards to recommend for approval of the variation to allow the ground sign. It will comply with the symbol required by the Graue Mill/Gateway Area. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. ZONING BOARD OF APPEALS MinutesApril 7, 1998 (/11' 8 aloe Member Butler moved, seconded by Member Shah, that the Petitioner having satisfied the required standards to recommend for approval the variation to allow the loading berth location, length and enclosure as requested in the petition. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. Member Aldini moved, seconded by Member Shah, that the Petitioner having satisfied the required standards to recommend for approval the Flood Plain Special Use Permit requested, subject to final Engineering approval, including a stipulation for proper maintenance of the area. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. Member Ascher moved, seconded by Member Butler, that the Petitioner having satisfied the required standards to recommend for approval the Special Use Permit to allow the Bank drive-in subject to the condition that owner should alleviate any traffic stacking problems if they develop. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. Member Hasen moved, seconded by Member Shah, that the Petitioner having satisfied the required standards to recommend for approval the variation to allow a six-foot high solid wood fence to be placed along the west boundary of the property. The petitioner has sought this action at the request of the adjacent property owner. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. Member Ascher moved, seconded by Member Shah, to table the variation request to allow a six-foot high solid wood fence to be placed along the north boundary of the property pending the wishes of the adjacent property owner. ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis Nays: 0 - None. Absent: 1 - Dosedlo. Motion Carried. ZONING BOARD OF APPEALS Minutes April 7, 1998 FULLERSBURG WOODS AREA ASSOCIATION P.O.BOX 5112 OAK BROOK, ILLINOIS Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, Il . 60523 April 5, 1998 Re: Alan Rocca request for rezoning, variations and special use of the property at 3824 York Road. The Board of Directors of the Fullersburg Woods area Association would like to go on record opposing the development as presented. This is indeed one of the most complex applications ever to be presented to Oak Brook. Please recall to mind the intent of the zoning ordinance to control development in an orderly manner. This is especially delicate when business abuts residential and when a historic district is involved. There is no question that the existing structure is an eyesore . This is of course really no one' s fault except the present owner. It is also understandable that some reasonable relief will have to be given if the property is to be developed. But to grant all of the relief that is being requested, that is essentially a variation of every requirement in the ordinance, would be in effect to trash the Oak Brook Zoning Ordinance and make it a useless document . This would be very precedent setting for future developers . Here are some specific comments regarding the application and testimony given at the Plan Commission Meeting of March 16, 1998 : 1. The point was made that the Floor Area Ratio for this project is only 0.28 when the B-3 district allows an F.A.R.of 1 . 2 . Please remember that the 1 .2 F.A.R. assumes that all of the set backs and yards are being met . When variations are made of the magnitude requested, the the bulk of the building should be reduced. 2 . Reducing the rear yard to only 15 or 20 feets falls far short of the required 60 feet . The adjacent residential property will not have the benefits of distance afforded other residential developments in our village. This will have a negative effect on the noise and odor .levels experienced by the residence. Distance is an important factor. 3 . With regard to the ground sign, Mr. Gooder' s letter states that the building will be set back 130 to 140 feet from the Roadway. This is hardly possible since the lot depth is only about 142 feet deep. Furthermore, the existing building which everyone complains about is very visible form York Road. 4 . Rezoning the lot to the north of the gas station form residential to B-3 would be inconsistant with the court decree that only allowed the station to use half of the property for parking. The other half was required to be heavily screened as a buffer for the residence to the north. 5 . The statement was made that cost per foot of the project would be among the most expensive ever developed in Oak Brook. Spending more money than someone else should hardly be the basis for zoning relief. In conclusion, this is a delicate zoning area . Previous Boards hacve been concerned about the possiblity of the Hinsdale commercial buildings creeping up York Road. That is why the Village of Oak Brook, along with the Village of Hinsdale, and the DuPage County Forest Preserve invested about $11, 000, 000 in the properties north and south of the Salt Creek for open space. Allowing too much development on this parcel will undermine the work of your predecessors . Thank you for your careful consideration of these comments . Judy McDade President IN loon 3 "pugs{,• W F t o K d 1rp6aNO ffi �e l if Rg E, } y X Swig j -wall Ali 161 Rav S Pam i g Ali��4,111- I t ir, 1 A << . PRE , clip Amp Loll .yy er b Ci r F' i �404r r VOL. rt t r i r S� pGE OF 04.f � o O y G ?O VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 -2255 PHONE: 630 990-3000 March 30, 1998 FAX: 630 990-0876 MEMO TO: Tom Hawk,Director of Code Enforcement FROM : Dale L. Durfey,Jr.,P.E.,Village Engineer SUBJECT: Flood Plain Special Use-Rocca/Mitchell-3824 York Road Village staff has met with the applicant's engineer,Jerry Miskovic,and are reviewing the technical aspects for the compensatory storage. It appears that the applicant will be able to meet the compensatory storage requirement between the open air storage area near the north lot line and the'underground piping. I will keep you informed as our review proceeds. 7tz itted, Dale L. Durfey,Jr.,P.E. Village Engineer DLD/etk Ogg Joseph C. Nessel 424 Canterberry Larne Oak Brook, Illinois 60523 April 1. 1998 Dear Oak Brook Zoning Board Member. I am writing each member of the Oak Brook Zoning Board to request that the zoning board abide by current zoning guidelines regarding the 3824 York Road Proposal. The Oak Brook Planning Commission's recent recommendation to The Oak Brook Village Board that the '011age Board approve this proposal, based simply on a planning commission member's statement that the property is an "eyesore", is a flagrant act of shirking the responsibility placed with the planning board by the Citizens of Oak Brook Therefore, the zoning board should not simply"rubber stamp " the recommendations of the planning board, "eyesore" or not. If the proposal for the property does not meet current zoning cedes for the property without wirrrntce, no building should be built on the property at 3824 York Road Sincerely, serh C Vessel cc Hinsdale Doings- Letters To The Editor OAK BROOK H I S T O RICA L SOCIETY P.O. BOX 3821 OAK BROOK, ILLINOIS 60522 OAK BROOK n _ 11.0. BOX 3821 • OAK BROOK, ILLINOIS ou � March 30, 1998 Mr. Champ Davis, Chairman Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear Mr. Davis: The Oak Brook Historical Society board voted unanimously to oppose the proposal to include a rezoning of the residential R-3 parcel and the construction of a jewelry store and bank building at 3824 York Road in the Historic Gateway. The serious precedent of the number of the required variations requested by the petitioner was ignored by the Oak Brook Plan Commission. The portion of the parcel zoned residential R-3 ha's been maintained by prior boards as a buffer between commercial and residential properties. The owner of the operating gas station simply was given permission to park cars on half of the R-3 parcel . The proposed construction is EXCESSIVE for the property and certainly NOT APPROPRIATE in the Historic Gateway. Approval of the numerous variations requested, above all , would create very dangerous and critical PRECEDENTS in zoning for the' Village of Oak Brook. The Oak Brook Historical Society board urges the Zoning Board of Appeals to deny the proposal under consideration. Sincerely, Mary g1len Mauro Secretary of the Board cc: Louis Aldini Richard E. Ascher Adam Butler Dorothy Dosedio Hans..Hasen Manu Shah ' 0�0. March 23, 1998 President Bushy and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 RE: Rocca - Mitchell - 3824 York Road Zoning Map Amendment, Variations, and Special Use-Historic Graue Mill Gateway Area Certificate of Appropriateness- Flood Plain Special Use Dear President Bushy, Board of Trustees and Zoning Board of Appeals: The Plan Commission, at their meeting on March 16, 1998, concluded their public hearing and review of the Rocca proposals for the redevelopment of the property at 3824 York Road. There was public testimony opposing the plan based on the size of the proposed building and variations to the Zoning Ordinance. It was the consensus of the Plan Commission that the existing condition of the property was deplorable and that this proposal represented an attractive solution. The Plan Commission, by a vote of 7 to 0, passed a motion recommending approval of the overall plan and specifically the following: 1. The rezoning of Parcel 2 from R-3 to B-3. 2. The Special Use for the Bank Drive-in. 3. The Flood Plain Special Use based on final engineering approval. 4. The issuance of a Certificate of Appropriateness. This motion was based on the concurrence of the members that the necessary standards as contained in the Plan Commission Rules, Zoning Ordinance, and Chapter 10 of the Village Code were satisfied for the Map Amendment, Special Use, Certificate of Appropriateness, and the Flood Plain Special Use. Very truly yours, NOTE: Chairman Aktipis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Stelios Aktipis Chairman Plan Commission cc: Petition file • t • • QLCAj 3824 YORK ROAD - ZONING MAP AMENDMENT- VARIATIONS - AND ECIAUSE - HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF APPROPRIATENESS - FLOOD PLAIN SPECIAL USE David Gooder, Attorney for Allen Rocca, contract purchaser of 3824 York Road, reviewed the background and history of the property. He passed out pictures to the Members of the property as it exists showing the boarded up gas service station. He then passed out a picture of the proposed development. The service station has not been used for approximately 5 years. The Village Engineer determined several years ago that a great part of the property was located in the flood plain. Earlier it had been classified as totally out of the flood plain. The proposal involves a total removal of the former service station and all accessory facilities. The new structure will be an attractive two-story business building with a stone exterior and a parking lot in front of the building. It also includes providing all the stormwater storage required by the Village, by a combination of underground piping under the parking area in the front of the building and a detention basin at the north end of the property that wraps around the west side of the property. The ground floor of the building will have a drive-in bank and jewelry store, and the second floor will have professional offices. The subject property is located on a busy street, across from the Sav-Way Liquor store, and just north of office buildings and a McDonald's. North of the property there is a vacant strip of land, property owned by the Forest Preserve District, including the Graue Mill. On the west side of Spring Road are several residential homes and the Village Gate Tavern, followed by more residential homes. The property consists of two lots. Hawk noted that the north lot has not had a structure on it in recent years, but is approved under the Court orders for accessory parking to the service station. Bob Mifflin, Architect, reviewed the issues on the property. The property is at the very beginning of town, a gateway into Oak Brook. It is located in a historic area, and the owner was seeking a traditional commercial building. The two-story brick and masonry building with wood accents was designed to be compatible to the kind of issues that are being developed in the historic district. He reviewed the design and uses of the building. It will house Rocca Jewelry and a full service bank with two drive-in teller stations on the first floor. The second floor will be office space that is accessible to a centrally located atrium tower for use when the other businesses are not open. They are proposing to replace an existing fence with a new wood fence at the rear of the property. Hawk noted that the fence along the west and north end was not part of the plan, but was encouraged by the two residential neighbors. Gooder noted there is a driveway on Glendale Avenue that is a right-of-way owned by the Village that is used by the property owner by way of agreement with the Village. The bank drive-in will exit onto Glendale and will have to be shared with the property owner. Hawk clarified that the driveway would have to*be increased to handle two-way traffic. The driveway exists by an agreement with the Village to allow the property to the west (3900 York) to maintain a private driveway on a public right of way. To his knowledge the Village has no intent to improve the Glendale Avenue right of way, it dead ends shortly to the west of the home. Without the right of way the property (3900 York) would have been land locked. The solution to the problem was to allow the property owner to make use of the right of way for a private driveway. Some form of three-party agreement would be necessary between the property owners and the Village regarding the existence and maintenance of the driveway. PLAN COMMISSION Minutes - MARCH 16, 1998 ,111� 13 is* Robert Fleck, Landscape Architect described the present landscape. The property is dominated by buck thorn, which is the number one enemy of the forest preserves. It also has box elder and Siberian elm which are all considered to be weed species that grow and die very fast. The plan to remove and dominate the landscape with white pine, swamp white oak and red oak trees. Most of the landscaping is along the southern part of the property and around the parking lot. All Village requirements will be met for caliper size and hedge plantings. Jerry Miskovic, Laser Consulting Engineers, said the property is approximate .76 acres and there is flood plain on the site. The flood elevation takes up about 50% of the lot. They are seeking to move the flood plain farther to the north creating a detention basin that would provide the 1.5 compensatory storage as required. The detention required for the site will be under the parking lot in a 48" pipe. The flooding on the site does not necessarily occur at the time of the heavy storms. It is a back flow system from Salt Creek where the water backs up through the storm system and then comes in and floods the area. The condition will not be any different from what it is today. They will not be raising any surrounding flood waters. The flood plain will remain at the same elevation. The parking lot will be two feet above and the building will be three feet above high water. They feel this stormwater management is viable and would work. It will not create hazards or problems to people in the area. There will also be no damage to the building from the flood plain. Dave Gooder reviewed the zoning requests and believes they have met all the standards of the Ordinance and the requests do not create danger or difficulty for the people or property in the area. They are necessary because of the impact of and the size of the property: 1. Rezone Parcel Two from R-3 to B-3. The parcel is less than ten thousand square feet and would make it one of the smallest residential lots in Oak Brook and could not meet any of the setbacks. The parcel will be a single zoning lot under single ownership and control. 2. Variations requested: a. to the setbacks per petition submittals b. to the ground sign, will comply with the symbol required by Graue Mill/Gateway Area (based on bronze letters compatible with the building sign) illuminated by landscape lights c. loading berth locations d. fence six foot solid wood fence on north and west boundary 3. Special Use bank drive-in requires a Special Use Permit 4. Flood Plain Special Use Permit will meet all the requirements of the Ordinance. 5. Certificate of Appropriateness since they are in the historic Gateway/Graue Mill Area. The Gateway development plan includes the site plan, landscape plan as well as design of the building. Chairman Aktipis asked if anyone would like to speak in favor of the request. Mrs. Frank Mitchell, owners of the property said they are in favor of it. Chairman Aktipis asked if anyone would like to speak in opposition to the request. Joe Rush said that in 1987 when it flooded the water was waist deep. It looks like a nice building, but it strikes him as putting ten pounds of potatoes in a five pound bag. With the setback requirements, one of the most important is the 60 feet back from residential property. PLAN COMMISSION Minutes - MARCH 16, 1998 14 He has not heard that it will be met. The part of the property to the north was meant to be a buffer and was never used for gasoline-purposes. To include it as commercial is allowing it to creep into this area. When he was on the Board they were concerned about the whole area. He has been trying to protect the residential area for forty years. He believes it should be denied. Audrey Mueschler, representing the Oak Brook Historical Society, objects to the request. She said that the Gateway Ordinance was established to protect the area. She said there is too much building here for this small lot. She believes this would be an over development of the site and not appropriate for this area. Mrs. Frank Mitchell noted that there has never been any water on the property. Furthermore, the property was not located in the flood plain when they purchased the property. Dave Gooder commented that B-3 zoning allows for a 1.2 Floor Area Ratio (F.A.R.), they will using only .26 F.A.R. Chairman Aktipis said that he believes this is a special parcel with special conditions attached to it. If exceptions are not granted, it cannot be developed. Dave Gooder added that it would be impossible to build anything on the property and meet the Code. There was a general consensus among the Members that this appeared to be a very good solution to the many problems on this piece of property. It is not an intensive use of the property bordering the residential area. Member Pequet added that for nineteen years he has been driving by the property daily and it had become an eyesore for the Village. He said it is fortunate to have someone seriously deal with so many issues on this parcel. He knows there have been many ideas for this site and this plan appears to be the most viable to come along and believes this will be a good addition to the area. Chairman Aktipis said that it appears the Petitioner has met necessary standards contained in the Plan Commission Rules, Zoning Ordinance, and Chapter 10 of the Village Code was satisfied for the Map Amendment, Special Use, Certificate of Appropriateness, and the Flood Plain Special Use. Member Pequet moved, seconded by Member Tappin, to recommend for approval the overall plan and specifically the following: 1. The rezoning of Parcel 2 from R-3 to B-3. 2. The Special Use for the Bank Drive-in. 3. The Flood Plain Special Use based on final engineering approval. 4. The issuance of a Certificate of Appropriateness. ROLL CALL VOTE: Ayes: 7 - Aktipis, Allen, Girgis, Goel, Mueller, Pequet. and Tappin. Nays: 0 - None. Motion Carried. PLAN COMMISSION Minutes MARCH 16, 1998 75 • CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Daily Herald Daily Herald Values A Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been published daily in the Village of Oak Brook County(ies) of DuPage and State of Illinois, continuously for more than one year prior to the date of the first publication Leal Notice e notice hereinafter referred to and is of general circulation throughout NOTICEISHEREBYG EN that a public hearing beforetheVillage, County(ies) and State. Zoning Board of Appeals of the Village o Oak Brook.DuPage and Cook Counties.Illinois,will be held on April 7.1998 The public hearing will be heard at 7:30 p.m.in the Oak Brook Village Hall. 1200 Oak Brook Road.Oak Brook.Illinois 60523 for the purpose of considering the application of Alan Rocca, 114 Canterberry. Lane.Oak Brook.Illinois 60523 for variations for the property le--her certify that the DAILY HERALD is a newspaper as defined in "an gal ly described below. The Zoning Board th Appeals public hearing will be for the e of considerino revise the law in relation to notices" as amended In 1992 Illinois purposgg the application for Variations as provided for under Section XIII(G)of the Zoning Ordinance of the Village of Oak Brook.Oak Brook.Illinois Ordinance G-60 as amended. sled Statutes, Chapter 715, Act 5, Section 1 and 5. The property may be generally described as 3824 Yorke P Road,Oak Brook.Illinois.and the legal description is as follows: Parcel 1:Lot 1 in Lynch's Assessment Resubdivision of part of Tract B.in J.Lynch Second Plat of Survey(Recorded February 11.1954 as Document Number 707775)of pan of Lot 1 in Gmoser and Bluma's Plat of Survey(Recorded June 18.1949 as Docu- a notice of which the annexed printed slip is a true copy, was ment Number 570094),in the South'h of Section 36.Township 39 North.Range 11.East of the Third Principal Meridiar.according shed March 19, 1998 to the Plat of said J.Lynch's Assessment Resubdivision Record- ed May 2,1957 as Document Number 840938.in DuPage Coun- ty,lllinois. in said DAILY HERALD. Parcel 2:That part of Tract B,in J.Lynch Second Plat of Sur- vey(Document Number 707775).a part of Lot 1,Gmoser and Bluma's Plat of Surveysituated in that part of the South'i.of Sec- tion 36.Township 39 North.Range 11,East of the Third Principal Meridian,bounded and described as follows to wit:Commencing WITNESS WHEREOF, the undersigned, the said PADDOCK at the South-West corner of the South-East '/.of Section 36. Township 39 North,Range 11:East of the Third Principal Meridi- an, Theme East along the south line of Section 36.a distance of ICATIONS, Inc., has caused this certificate to be signed b 280.5 feet to a point in the center fine of Spring Road as now plat y ted and recorded:thence North-Westedy along the center line of said Spring Road.a distance of 245.90 feet to the point of begin-r JOHNSON, its Asst. Treasurer, at Arlington Heights, Illinois. nmg thence still along said center line of Spring Road,a distance of 85.0 feet to a point.thence South 62 degrees 01 minute West,a distance of 175.0 feet to a point,thence South 27 degrees 59 min- utes East,a distance of 60 feet to a point,thence North 70 de- grees 09 minutes East,a distance of 176.78 feet to the point and point of beginning,except that portion lyingg to Spring Road,dedi- cated for highway purposes,all in DuPage County,Illinois. Permanent Parcel Numbers 06-36-308-013 and 06-36-308.014 The Petitioner�n�r i high Variations tSeaton V(G)(3)(h)to of PADDOCK PUBLICATIONS, INC. Permit six foot 6' hi h solid fences alongthe west and north lot roes. The Petitioner intends to redevelop the property with a two-I StO�office/retail building of approximate 8.620 square feet inl DAILY HERALD NEWSPAPERS fora floor area.The intended uses are as ollows:Of will oc-' cupy the upper floor and a satellite bank with a drive-in and a few- elry store will occupy the gground floor. All persons desiringlo be heard in support of or in opposition to the proposed Map Amendment,Variations.Special Use.Certif- icate of Appropriateness and Flood Plain Special Use,or any pro- vision thereof,will be afforded an opportunity to do so and may submit their statements oral)y or in writing or both.The hearing may be recessed to another date if notice of time and place there- C / of is publicly announced at the hearing or is given by newspaper publication not less than five(5)days prior to the date of the re- BYLZ— cessed hearing. — – InaccordwiththeprovisionsoftheAmericanwithDisabilities Assistant Treasurer Act,any individual who Is in need of a reasonable accommodation in order to participate in or benefit from attendance at this public meeting should contact Michael Crotty,the Village's ADA Coordi- nator,at(630)990-5738 as soon as possible before the meeting date. The petitioner's application is on file with the Village Clerk and with the Director of Community Development.Persons wish- ing to examine the petition documents may arrange to do so with i the Director of Community Development.Thomas Hawk,Village Control # 1148063 of Oak Brook,1212 Oak Brook Road.Oak Brook,IL 60532,tele- phone 630/990-3045. LINDA GONNELLA Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook,DuPage / and Cook Counties.Illinois. 1 Published in the DailyHerald Mar.19.1998.111480631 S1 • 6� OF NAk • � o ® e O y G 9 �r OUNTV \�\ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO March 16, 1998 TO: Plan Commission FROM: Tom Hawk, Director of Community Development SUBJECT: Rocca (Mitchell) - 3824 York Road Fence Variations The petitioner has requested additional variations to allow a six foot (6') high solid fence along the west and/or north lot lines (see attached). This is being done in anticipation that the adjacent property owners may request them. We are publishing an addendum to the Legal Notice in time for these variations to be included in the April 7, 1998 Zoning Board of Appeals public hearing. TRH/gp cc: Petition files 1 j LORD, BISSELL & BROOK IIS SOUTH LA SALLE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE 300 SOUTH GRAND AVENUE,STH FLOOR LOS ANGELES,CALIFORNIA 9007 6-3200 ` 13121 443-0700 (2 3)485-1500 CABLE: LOWIRCO CGO TELECOPY:(2131 485-1200 TELEX: 25-3070 ATLANTA OFFICE TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER PEACHTREE STREET, 1100 J o r i e Boulevard 201 W ATLANTA,GEORGIA 3 3019E 3700 (404)870.4600 Suite 243 TELE COPY:(4041 872-5547 630/990-0561 Oak Brook, IL 60523 LONDON OFFICE LLOYD'S,SUITE 995 I LIME STREET LONDON EC3M 7DO ENGLAND 0171-32 7-4534 TELECOPY:0171-929-2250 March 16 , 1998 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Att 'n : Thomas Hawk Director of Community Development Re : Petition Application for Public Hearing of Alan Rocca, 3824 York Rd . Dear Tom : At the request of my client , Alan Rocca, I wish to request the following additional variation : C-4 . Approval of the right to construct and maintain a 6 ' closed fence on the north side of Lot 2 if , prior to the public hearing , it is requested by the owner of the property immediately north of said Lot 2 . Please treat this letter as a request for an additional amendment to Rider A of Mr. Rocca' s application filed February 16 , 1998 . SWere y yours , David M. Gooder DMG :pg cc A. Rocca J. Romanelli R. Mifflin J. Miskovic 45ro • 2.�..�-aC� �-LtiL�. C.Cx-- rQ-L;C��� l ��yt x ' f • I z•��� :` - E Its T 1 ` • LORD, BISSELL & BROOK 115 SOUTH LA SALLE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE 300 SOUTH GRAND AVENUE,8TH FLOOR (312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200 12131 485-1500 CABLE: LOWIRCO CGO TELECOPY:(213)485-1200 TELEX: 25-3070 ATLANTA OFFICE 110TELECOPY: (3121 443-0336 ONE ATLANTIC CENTER 0 Jorie Boulevard 1201 W. PEACHTREE STREET,SUITE 3700 ATLANTA,GEORGIA 30309 Suite 2 4 3 4404'870-4600 TELECO PY:14041 872-5547 630/990-0561 Oak Brook, IL 60523 LONDON OFFICE LLOYD'S,SUITE 995 1LIME STREET LONDON EC3M 7DO ENGLAND 0171-327-4534 TELECO PY:0171-929-2250 March 11 , 1998 Village of Oak Brook VIA FACSMILE AND 1200 Oak Brook Road REGULAR MAIL Oak Brook, IL 60523 Att ' n : Thomas Hawk Director of Community Development Re : Petition Application for Public Hearing of Alan Rocca, 3824 York Rd . Dear Tom : At the urging of the owner of the property immediately west of 3824 York Road, my client , Alan Rocca, wishes to request the following additional variation : C-3. Approval of a right to maintain, and perhaps remodel , the existing 6 ' closed fence on the west side of Lot 1 and extend it along the west side of Lot 2 . (See attached drawing . ) Please treat this letter as requesting an amendment to Rider A of Mr . Rocca ' s application filed February 16 , 1998 . S erely yours , David M. Gooder DMG :pg Encl cc A. Rocca J. Romanelli R. Mifflin J. Miskovic /3. I ( S } I I ' �� t�Xlii t .IA- l?.0 Per) It a 91 cilli s�� � -Z (tet V-711tv -��XX� ROCCA ZONING MAP AMENDMENT VARIATIONS SPECIAL USE INDEX PAGE CONTENTS 11-11d Informational Memo from Hawk to Zoning Board of Appeals dated March 11, 1998 10 Memo from Durfey re: Initial Plan Review 9 Resident Letter dated March 9, 1998 8 Certificate of Publication dated February 27, 1998 and March 11, 1998 (not included) 7 Board of Trustees Referral Meeting Minutes dated February 24, 1998 6 Referral Memo to Board of Trustees from Hawk dated February 17, 1998 5-5g Flood Plain Special Use, DuPage County Countywide Storm Water and Flood Plain Ordinance 4-4c Variations, Zoning Ordinance, Section XIII, (G) (pages. 966-969) 3-3a Amendments, Zoning Ordinance, Section XIII (1) (pages. 970-971) 2-2f Historic Graue Mill Gateway Area, Zoning Ordinance, Section VIII-A, (E-K) (pgs. 920-4 - 920-10) 1-1b Special Uses, Zoning Ordinance, Section XIII (J) (pages 971-973) A-A3 Application/Petition and Rider A B Fee/Receipt C-C6 Surrounding Property Owners List (Rider B) D-D4 Letter of Explanation and Factors E Aerial Map Showing Surrounding Property F Intergovernmental Agreement re: Driveway dated 4/24/89 G-G1 Illinois Environmental Protection Agency letter to Mitchell dated 11/15/96 re: Further Remediation Not Necessary H-H14 Standing on Property- Contract I Landscape Plan and Plant Notes - (Not attached) J Engineering Plans K Site Plan L Front Elevation M South and North Elevation N West Elevation 0 Topographical Survey with Legal Description (Key Files Only) • PGE OF 04 . � o O y G ,0 O cF00UNTI VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO March 12, 1998 TO: Plan Commission and Zoning Board of Appeals FROM: Tom Hawk, Director of Community Development SUBJECT: Rocca (Mitchell) - 3824 York Road Zoning Map Amendment - R-3 to B-3 Variations -All Yards, Signs, and Loading Berth Special Use - Bank Drive-In Special Use or Agreement Regarding Private Drive on Glendale Avenue Right-of-Way Flood Plain Special Use Historic Graue Mill Gateway Area Certificate of Appropriateness Other Relief as Necessary As you can see by reviewing the subject of this memo, this may be one of the most complex petitions ever processed in Oak Brook. In addition, underlying the above issues there are Court Injunctions in place that further regulate the property that will have to be set aside. For a more detailed description of the actions being sought, please look over the Rider A attachment to the Application (Pages A-2 and A-3 of the Petition File). Property History Following, in outline form, is the relevant history of this property: 0 The property was probably developed as an Automotive Service Station in the late 1950's and operated as such until the early 1990's. 0 1962 -Annexed to the Village. 11. March 12, 1998 Plan Commission and Zoning Board of Appeals RE: Rocca - 3824 York Road Page 2 0 1972 - First court decree establishing the property right to be used as a Service Station and including conditional use of the north lot (R-3 zoned) for automobile parking. 0 1972 - Property acquired by the Mitchelll's. 0 1979 - Second court decree affirming the first decree. 0 1992 - Underground Storage Tanks removed. As a result of inspections during tank removal, the property was identified by the IEPA as a leaking underground storage tank site. The property continued in use as an automotive repair facility. 0 1992 to1996 - Site remediation efforts to satisfy Illinois Environmental Protection Agency. 0 1994 - Repair activities terminated. The facility has been vacant since. 0 1996 - IEPA issues a letter indicating no further remediation is necessary. 0 1997 -Alan Rocca enters into a contract with the Mitchell's for the purchase of the property. 0 1998 - February 16 - Petition was filed for the redevelopment of the property. Property Description The property is located on the west side of York Road at the southernmost boundary of the Village. The property consists of two (2) parcels with a total area of approximately 31,100 square feet. The property is irregularly shaped. The front lot width is 257'. The rear lot width is 181'. The lot depth is 142'. Along the south lot line is the unimproved 50' Glendale Avenue right-of-way which is used under agreement by the home to the west for a private driveway. The Village has no plans for improving this right-of-way. It dead ends at the west side of the home property, and is only of use by these two properties. The Hinsdale portion of this right-of-way was vacated at some past time and the property has been developed for office use in Hinsdale. Adjacent land uses are as follows: To the North (R-3) -A modest size single-family home which has been owned and occupied by the Greco family for about fifty years. To the West (R-3) -A single-family home that was constructed in the early 1990's. Access to this home is via a private driveway on the unimproved Glendale Avenue right-of- way. To the South (Hinsdale Offices) - Unimproved Glendale Avenue and an office building in Hinsdale. To the East (CR, B-3, and Hinsdale Businesses) - York Road and across it, Forest Preserve property, Sav-way Liquors, and a McDonald's that is in the Village of Hinsdale. The property is, in part, located within the regulatory flood plain. 11-a March 12, 1998 Plan Commission and Zoning Board of Appeals RE: Rocca - 3824 York Road Page 3 PETITION ELEMENT ANALYSIS Map Amendment The petitioner is seeking rezoning of the north parcel to B-3 to eliminate the split zoning situation. Leaving the property with split zoning would leave two smaller properties with essentially the same problems—a more difficult challenge than this proposal. Alternatively, rezoning the entire property to R-3 would be possible however, in light of the court decree and the commercial viability established over the past fifty (50) years, this may not be defensible. Variations -Yard Setbacks The petitioner is seeking relief from all four yard setback requirements. Application of the setbacks specified within the zoning, especially the one hundred foot (100') setback from York Road, yields a site with no buildable area. There is considerable legal precedent that such an imposition is unacceptable and reasonable relief to allow reasonable development is warranted. The relief requested will allow development with a two-story building with approximately 8,800 square feet of floor area. This yields a Floor Area Ratio (F.A.R.) of approximately 0.28. The permitted F.A.R. in B-1 and B-3 Districts are 0.5 and 1.2 respectively. The F.A.R. permitted in an ORA-1 district is 0.45. The proposed F.A.R. is considerably below any of these standards. Variation -Sianage The petitioner is seeking a ground sign which in a B-3 district is not permitted for lots under three acres in area. The Historic Gateway overlay district calls for signs to be part of and consistent with the "architectural concept." I.believe the petitioner would be amenable to a signage plan that allows a ground sign in return for reduced area building signage. This suggestion, if accomplished tastefully and harmoniously is a good response to the "Historic District" concept. Variation -Off Street Loading Berth The Ordinance calls for a loading berth located at the rear of the building and, when facing a residential zoning district, enclosed by an eight foot (8') high wall. The petitioner is seeking relief to allow the very limited amount of loading activities at this development to take place jointly with the parking in the front of the building. I concur, that due to the size and type of occupants, the loading berth needs for this building are minimal and allowing this activity in the front parking area should not disrupt or interfere with parking needs to any appreciable extent. 11-b March 12, 1998 Plan Commission and Zoning Board of Appeals RE: Rocca - 3824 York Road Page 4 Variation - Fence Along the West Lot Line At the date of this memo and apparently at the request of the homeowner to the west an application for a variation to permit a six foot high solid fence along the west lot line has been submitted. This will require an additional Legal Notice publication and a Public hearing at the May 5, 1998 Zoning Board of Appeals Meeting. Consequently, the recommendation by the Zoning Board of Appeals on the entire proposal cannot be completed until that time. Special Use - Bank Drive-In Banks are permitted uses in B-3 Districts and drive-ins for permitted uses are special uses in B-3 Districts. M The planned stacking of cars for the drive-in needs to be adequate to insure minimal disruption of the other needs of the site and to have a very high likelihood of never extending out to any public right-of-way. Special Use Permit or Agreement to Utilize the Glendale Avenue Right-of-Way for Exiting from the Drive-In. Glendale Avenue is an unimproved public right-of-way that is used by agreement for a private drive accessing the home to the west. The petitioner does have right of access to this right-of-way and since there is no plan to improve it by the Village, joint use by the two property owners would seem reasonable. Flood Plain Special Use This is a technical issue. If the proposed plan is found to be consistent with the Flood Plain regulations, approval is warranted. Certificate of Appropriateness The petitioner is requesting issuance of a Certificate of Appropriateness based on the requirements of the Historic Graue Mill Gateway overlay district. This is the most significant request to date under these Zoning Ordinance provisions. Please review these provisions, a copy of which is included in this file. The architecture of the proposed building consists of a masonry/stone facade in a dark earth tone color, and with medium sized windows that you may consider consistent with a prosperous, well established business use of the late 19th century. The proposed building, in conjunction with a good signage plan and well executed landscape plan should effectively address the Historic Gateway Area objectives. 11-c March 12, 1998 Plan Commission and Zoning Board of Appeals RE: Rocca - 3824 York Road Page 5 Comment For the past seven years, I have been talking with various people regarding the use of this property. In almost all cases the problems of the site discouraged them from pursuing the anticipated difficult approval process. Also, in many cases, the proposed uses were of a considerably higher impact type such as, fast food, automobile used car lot, twenty-four hour grocery, etc. The use proposed by Mr. Rocca, with the initial generation of low impact occupants is the best plan suggested to date. Based on what I know regarding the land and development costs of this proposal, this development would be amongst the most expensive per square foot of any land ever developed in the Village. Any serious tweaking of the site plan and yard setback variations that would reduce the size of the building, may have a serious effect on the economic feasibility of the plan. Plan Commission and Zoning Board of Appeals Responsibilities Plan Commission and Zoning Board of Appeals �- Map Amendment - R-3 to B-3 , Special Use for the Bank Drive-In / Flood Plain;Secial Use '('_�:T,.,.,�.�._ - ... [. . .-_._ /�.1r }. C. �,,....a` /•+ , / Plan Commission Certificate of Appropriateness, including the overall site plans with the signage and loading berths. -_ Zoninq Board of Appeals All Variations Board of Trustees The Board of Trustees ultimately has final authority over all of the above and also the decision making responsibility for the proposed private use of the Glendale Avenue right-of- way and the removal or setting aside of the court decrees restricting the usage of the property. Conclusion If it is your wish to recommend approval of this request, it would be appropriate to include in your motion any conditions to be imposed and your findings with respect to the Special Use and Variation Standards in the Zoning Ordinance (see pages 1-b and 4-b of this file) and the standards for Zoning Ordinance Amendments contained within the Plan Commission Rules and Procedures. TRH/gp cc: Petition files 1-a • 0 F OAS. . G � o e 'e O y G cFC0UN7-1 VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523- 2255 PHONE: 630 990-3000 March 10, 1998 FAX: 630 990-0876 MEMO TO: Tom Hawk,Director of Code Enforcement FROM: Dale L.Durfey,Jr.,P.E.,Village Engineer SUBJECT: Flood Plain Special Use-Northwest Corner York Road/Glendale Avenue About the middle of February,I received one plan sheet from Dave Gooder which apparently is the site plan for the above stated project. About that time, I also understood that an applicant filed for a Flood Plain Special Use and other applications. I was awaiting receipt of the file to see the breadth of the applications before sending the sheet to RUST for their review. On March 3rd, I sent the one site plan to RUST so that they could at least begin their review even though I had not received a file. On March 9th, I received another copy of the site plan for my review. Due to the.timing of the above issues, only an initial review has commenced. I have been in contact with RUST and the applicant's engineer concerning an initial meeting, to be held this Firday, in order to ascertain the various issues involved with this particular application. r lly submitted, Dale L.Durfey,Jr.,P.E. Village Engineer DLD/etk /h. • G�0 F 0,4 Ir`vP X 0 90 � o ® 'e 9 i `So COU Nt.1 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523- 2255 PHONE: 630 990-3000 FAX: 630 990-0876 February 27, 1998 Dear Resident: The Oak Brook Plan Commission, Zoning Board of Appeals, and the Village Board will be considering a Zoning Map Amendment, Variations, Special Use, Certificate of Appropriateness, and Flood Plain Special Use at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Alan Rocca 114 Canterberry Lane Oak Brook, Illinois 60523 The property in question is located at 3824 York Road, Oak Brook, IL Relationship of applicant to property: Contract Purchaser Also shown on the reverse side of this notice is a map* of the area to assist you in determining your relationship to the property in question. The request which has been made is as follows: The petitioner is seeking to redevelop the property with a new two-story Office/Retail building with a total floor area of approximately 8800 square feet. The intended usage of the building is for offices on the upper floor and a satellite bank facility with a drive-in and a jewelry store on the ground floor. If you desire more detailed information, please contact me at the Building Department to review the file on this application. I look forward to your attendance at the public meetings. Very truly yours, Thomas R. Hawk Director of Community Development TRH/gp Rocca-res.ltr Leal Notice 0 NOTICE IS HEREBY G EN that a public hearing before the Plan Commission of the Village of Oak Brook will th held on CERTIFICATE OF PUBLICATION March 16, 1998,and that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois will be held on April 7,1998.Both public hear- ings will be heard at 7:30P.mi :30p.m.In the Oak Brook Village Hall,1200 Oak Brook Road,Oak Brook Illinois 60523 for the purpose of Paddock Publications, Inc. considering the applicatfon of Alan Rocca,114 Canterberry Lane, Oak Brook,Illinois 60523 for Map Amendment,Variations,Spe- cial Use,Certificate of Appropriateness and Flood Plan Special of const eproeringt eapplrty al Vy ationforaCertied fica DailyHerald The Plan Commission public hearing will be for the purposeof considering the epplicatlon for a Certificate of Appropriateness as provided for in Section VIII(A)of the Zoning Ordinance of the Village of Oak Brook,Oak Brook, Illinois,Ordinance G-60 as amended. • The Zoning Board of application ltionfoc hearing will be for the Dally Herald Values purpose of considering the application for Map Amendment,dfo Vari- ations,Special Use,and Flood Plain Special Use as provided for under Section XIII(1)(G)and(J) 'he Zoning Ordinance of the Village of Oak Brook Oak Brook, Illinois Ordinance G-60 as amended,and under 6hapter 10 Section 10-35 of the Village of Oak Brook Code,respectively. poration organized and existing under and by virtue of the laws of the The property may be generally described as 3824 York Road,oak Brook,Illinois,andLyn the legal Ass ssmentio esasfollows: )f Illinois DOES HEREBY CERTIFY that it is the publisher of the Parcel 1:Lot 1 in J.Lynch's Assessment Resubdivision of � part of Tract B,in J.Lynch Second Plat of Survey(Recorded Feb- =aruary,,,1954 as Document Number 707775)of part of Lot 1 in Y HERALD. That said DAILY HERALD is a secular newspaper nd Bluma's Plat of Survey(Recorded June 18,1949 as Document Number 570094),in the South/,of Section 36,Town- ship 39 North,Range 11,East of the Third Principal Meridian,ac- is been published daily in the Village of Oak Brook cording to the Plat of said J,Lynch's Assessment Resubdivision Recorded May 2,1957 as Document Number 840938,in DuPage County,Illinois. County(ies) of Parcel 2:That part of Tract B in J.Lynch Second Plat of Sur- vey(Document Number 707775),a part of Lot 1,Gmoser and DuPage Bluma's Plat of Survey situated in that part of the South V.of sec- and State of Illinois, Sec- tion 36,Township 39 North,Range 11,East of the Third Principal Meridian,bounded and described as follows to wit:Commencing uousl for more than one year prior to the date of the first publication at the South-West comer of the South-East 7.of Section 363, y y Township 39 North,Range 11;East of the Third Principal Meridi- an;Thence East along the south line of Section 36,a distance of notice hereinafter referred to and is of general circulation throughout 280.5 feet to a point in the center line of Spring Road as now plat- ted and recorded;thence North-Westerly along the center fine of said Spring Road,a distance of 245.90 feet to the point of begin- ning;thence still along said center line of Spring Road,a distance of 85.0 feet to a point,thence South 62 degrees 01 minute West,a distance of 1275.0 feet to a point,thence South 27 degrees 59 minutes East,a distance of 60 feet to a point,thence Norih 70 de- grees 09 minutes East,a distance of 176.78 feet to the point and ter certify that the DAILY HERALD is a newspaper as defined in "an point of beginning,except that portion lying in Spring Road,dedi- cated for highway purposes,all in DuPage County,f Ilinois. Permanent Parcel Numbers revise the law in relation to noticesi, as amended in 1992 Illinois 06-36.308-013 and 06.36-308-014 The Petitioner is seeking the following: iled Statutes, Chapter 715, Act 5, Section 1 and 5. A.Map Amendment to rezone Parcel 2(the northerly parcel) from R-3 to B-3. B.Variations to Section VIII(E)(4)to permit yards as follows: 1.Reduction of the front yard from 100 feet to 73 feet in wltdth. a notice of which the annexed printed slip is a true copy, was 2.Reduction of the north side yard from 60 feet to 40 feet in width. 3.Reduction of the rear yard from 60 feet to 15 feet in width. fled February 27, March 11, 1998 4.Reduction of the south yard from 60 feet to 20 feet in width. C.The ftionto ectiononalvariations: in said DAILY HERALD. 1.Variation to Section VIII(E)(5)to allow a ground sign. Variation to Section XI(D)(i)to approve the location of the off-street loading berth. D.Issuance of a Special Use Permit under Section VIII(E)(2) (c)of the Village Zoning Ordinance to permit a bank drive-in. E.Issuance of a Flood Plain Special Use Permit under Chap- JITNESS WHEREOF, the undersigned, the said PADDOCK ter 10 Article 11 Section 10-34 of the Oak Brook Code to permit(a) installation in Parcel 1 and Parcel 2 of underground pipes to pro- vide storage for stormwater and(b)excavation of a part of Parcel ,ICATIONS, Inc., has caused this certificate to be signed by 2 to provide a dry detention/storage basin for stormwater and(c) necessary regrading. ' JOHNSON its Asst. Treasurer at Arlin ton Hei hts Illinois. F.Issuance of a Certificate of Appropriateness under Section > > g g , VIII-A of the Village Zoning Ordinance to permit construction and landscaping in compliance with the Historic Graue Mill Gateway Area requirements. The Petitioner intends to redevelop the property with a two- �story office/retail building of approximately 8,820 square feet in total floor area.The intended uses are as follows:Offices will oc- cupy the uppper floor and a satellite bank with a drive-in and a jew- elry store will occupy thegground floor. All persons desiringlo be heard in support of or in opposition to the proposed Map Amendment,Variations,Special Use,Certif- icate of Appropriateness and Flood Plain Special Use,or any pro- vision thereof,will be afforded an opportunity to do so and may DAILY HERALD NEWSPAPERS submit their statements orally or in writing or both.The hearing may be recessed to another date if notice of time and place there- of is publicly announced at the hearing or isgiven by newspaper publication not less than five(5)days prior to the date of the re- cessed hearing. In accord with the provisions of the American with Disabilities Act,any individual who is in need of a reasonable accommodation fn order to participate in or benefit from attend&nce at this public meeting should contact Michael Crotty,the Village's ADA Coordi- nator,at(630)990-5738 as soon as possible before the meeting date. r The petitioner's application is on file with the Village Clerk BY and with the Director of Code Enforcement.Persons wishing to ` examine the petition documents may arrange to do so with the Di- rector of Community Development,Thomas Hawk,Village of Oak Assistant Tp6surer Brook,1212 Oak Brook Road,Oak Brook,IL 60523,telephone 630/990-3045. LINDA GONNELLA Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois. Published in the Daily Herald Feb. 27, Mar. 11, 1998. 1126306 (1126306) S Control # V • • p�E OF Oq.t • e 'e G � 0 O �OUNTV VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523-2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO February 17, 1998 TO: President and Board of Trustees FROM: Tom Hawk, Director of Community Development i SUBJECT: Referral - Rocca - 3824 York Road Zoning Map Amendment, Variations, and Special Use Historic Graue Mill Gateway Area Certificate of Appropriateness Flood Plain Special Use We have received petitions from Allen Rocca for the old gas station property at 3824 York road. Mr. Rocca plans to redevelop the property with a two-story combination office/retail building. Please refer this to the Plan Commission for review and recommendation at their March 16, 1998, meeting, and to the Zoning Board of Appeals for public hearing and recommendation at their meeting on April 7, 1998. TRH/gp cc: Petition files BOT-Rocca.REF • • E. REFERRALS: REFERRALS: 1.. COSTCO WHOLESALE CORPORATION/KODAK (1901 22ND COSTCO WHOLESALE STREET) ZONING AMENDMENT-VARIATION -- REFER CORPORATION/ TO PLAN COMMISSION MEETING OF MARCH 16. 1998 KODAK - VARIATIC AND ZONING BOARD OF APPEALS MEETING OF APRIL 7. ZONING AMENDMENT (1901 22nd St.) I$: Approved Omnibus Vote. 02• -ZONINGMAP ROCCA - ZONING VARIATIONS AND SPECIAL USE - HISTORIC GRACIE MILL. MAP AMENDMENT, GATEWAY AREA CERTIFICATE OF APPROPRIATENESS VARIATIONS AND FLOOD PLAIN SPECIAL USE -- REFER TO PLAN SPECIAL USE - COMMISSION MEETING OF MARCH 16. 1998 AND ZONING HISTORIC GRADE MILL CERTIFICATE BOARD OF APPEALS MEETING OF APRIL 7. 1998: of APPROPRIATE- Approved Omnibus Vote. NESS FPSU (3824 York Rd.) F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: 1. 1998 CRACK SEALING PROJECT: Approved Omnibus Vote. 1998 CRACK SEALING PROJECT G. REQUEST FOR AUTHORIZATION TO NEGOTIATE OBHCVC' - CONTRACT FOR DEVELOPMENT & IMPLEMENTATION OF 1998 MARKETING 1998 MARKETING CAMPAIGN - OAK BROOK HOTEL. CAMPAIGN CONVENTION AND VISITORS COMMITTEE: Approved Omnibus Vote. H. APPROVAL OF DECLARATION OF EASEMENT. COVENANTS. EASEMENTS, CONDITIONS AND RESTRICTIONS RE; STORMWATER COVENANTS, FACILITIES -401 GLENDALE AVENUE ( LOT I MIZEN'S CONDITIONS AND SUBDIVISION): Approved Omnibus Vote. RESTRICTIONS (401 Glendale) I. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S JANUARY. 1998: Approved Omnibus Vote. REPORT-JAN. , '98 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA(Items For Final Action): A. APPOINTMENTS: OAK BROOK HOTEL. CONVENTION AND APPOINTMENTS: VISITORS COMMITTEE: OBHCVC - STRASSER Motion by Trustee McInerney, seconded by Trustee Savino, to concur MAXSON with the recommendation of President Bushy and appoint Robert C. MERRILL MIRA Strasser, past President of the Oak Brook Area Association of CAMPA Commerce & Industry, to the Oak Brook Hotel, Convention and FLEMING VILLAGE OF OAK BROOK Minutes 3 of 8 February 24, 1998 C-' • PLANNING AND ZONING § 10-32 DIVISION 2. PERMITTED AND SPECIAL USES; VARIANCES Sec. 10-31. Occupation and use of floodways. (a) [Generally:] In floodways only those uses will be permitted which will not: (1) Affect the rate of flow or quantity of floodwaters flowing into, over or off of the subject property; (2) Affect the available detention area of the floodplain; or (3) Result in an increase in the risk of blockages forming in a floodway during a flood. (b) Permitted Uses: The following uses, when permitted by the Oak Brook Zoning Ordinance, Ordinance No. G-60 [Appendix A of this Code], as amended, of the Village of Oak Brook, are found to have a low flood damage potential and are specifically permitted if they will not obstruct flood flows, provided that no structure, fill or storage of materials or equipment is required: (1) General agricultural or horticultural; (2) Private and public recreational; (3) Residential use as lawns, gardens or play areas. -(c) Special Uses: Uses not listed above which are permitted or special uses under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. (Ord. No. ' G-217, § 2, 9-27-77) Sec. 10-32. Occupation and use of floodway fringes. ` (a) [Generally:] In floodway fringes only those uses will be permitted which will not affect the capacity of the floodway fringe to store or detain floodwaters. i (b) Permitted Uses: The uses listed in section 10-31(b) hereof. Supp. No. 30 631 I I r PLANNING AND ZONING $ 10-34 I (ii) A public hearing has been held by the zoning board of appeals, after due notice by publication as provided by the applicable statutes of the State of Illinois for amend- ments to a zoning ordinance and upon a report of the plan commission to the board of trustees, if such a report is made. The concurring vote of four (4) members of the plan com- mission and/or the zoning board of appeals shall be neces- sary to recommend in favor of any application which is brought before the respective hearing body pursuant to this article. (2) Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intended to request a zoning certificate for property within a floodplain, as defined in this article. l I i I Supp. No. 30 632.1 3 10-3.1 OAK BROOK CODE f. the plan commission for determining the suitability of the particular site for the proposed use: (i) Plans drawn to a readable scale showing location, nature, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the rela- tionship of the above to the location of the channel, floodway and the flood protection eleva- tion. (ii) Typical valley cross-section(s) drawn to a scale of one (1) inch to one hundred (100) feet and a vertical scale of one (1) inch• to ten (10) feet showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water elevation. Cross-section intervals shall not exceed one hundred (100) feet. (iii) Plans- (surface view) showing elevations or con- tours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing struc- tures on the site; location and elevations of streets, water supply, sanitary facilities; soil types; and other pertinent information. Contours shall be shown at one-foot intervals. (iv) Photographs showing existing land uses and vegetation upstream and downstream. (v) A profile showing the slope of the bottom of the channel or the flow line of the stream. i (vi) Specifications for filling, grading, dredging, chan- nel improvements, storage of materials, water supply and sanitary facilities. (2) Transmit one copy of the information described in ; subsection (b)(1) to the village engineer for technical assistance, where necessary, in evaluating the pro- posed project in relation to flood heights and Supp. No. 3 634 Y � d1 • Y 9 10-34 OAK BROOK CODE (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and (11) Such other factors which are relevant to the purposes of this article. (d) Conditions Attached to Special Use Permits: Upon consideration of the zoning board of appeals and the plan commission recommendations, the factors listed above, and the purpose of this article, the president and board of trustees may by ordinance grant, deny or attach such conditions to the granting of special use permits as they deem necessary to further the purposes of this article. Among such conditions, without limitation because of specific enumeration, may be included. (1) Modification of waste disposal and water-supply facilities; (2) Limitations on periods of use and operation; (3) Imposition on operational controls, deposit of surety bonds and deed restrictions; (4) Requirements for construction of channel modifica- tions, dikes, levees and other protective measures; and (5) Floodproofing measures designed to be consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the 100-year flood. In this event, the president and board of trustees shall require that the applicant submit a plan or document certified by a registered structural engineer that the floodproofing measures are consistent with the flood protection elevation and associated flood factors for the particular area and shall be provided in accordance with the standards for completely floodproofed structures contained within the United States Army Corps of Engineers publica- Supp. No. 3 636 9 10-35 OAK BROOK CODE such application to the zoning board of appeals for processing in accordance with applicable statutes of the State of Illinois and one copy to the board of trustees. (e) Standards: The recommendation of the zoning board of appeals and the decision of the president and board of trustees on an application for a variation to the provisions of this article shall be based on the following standards, the burden of showing to be borne by the applicant: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variation would result in exceptional hardship to the applicant; and (3) A determination that the variation will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, cause fraud on or victimization of the public, conflict with other-existing ordinances, or conflict with the intent of this article. (f) [Conditions and Restrictions:) The zoning board of appeals may recommend and the board of trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this article. (g) [Insurance rates:] The village shall inform applicants for variations that should a variation be granted to build a structure with its lowest floor below the base flood elevation, it could result in flood insurance premiums as high as twenty-five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. (Ord. No. G-217, § 2, 9-27-77;Ord.No. G-277, § 7, 1-27-81; Ord. No. G-364, § 3,9-10-85) Seca. 10-36-10-45. Reserved. Supp. No.30 638 __ VARIATIONS Sec. XIII OAK BROOK CODE give due notice thereof to parties and shall decide the appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determina- tion as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken. (4) Decisions: All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances, be final _ administrative determinations and shall be subject to judicial review only in accordance with applicable ' Statutes of the State of Illinois. aariations. (1) Authority: The Board of Trustees shall decide all applications for variations of the provisions of this ordinance after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of Appeals shall hold public hearings upon all applica- tions for variations and shall report its recommenda- tions to the Board of Trustees as to whether a requested variation would be in harmony with its gen- eral purpose and intent, and shall recommend a varia- tion only where it shall have made a finding of fact specifying the reason or reasons for recommending the variations. Such findings shall be based upon the stand- ards prescribed in Section XIII G4 of this ordinance. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental 966 APPENDIX A—ZONING Sec. XIII office, department, board, bureau or commission, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (3) Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (4) Standards: (a) The Zoning Board of Appeals shall not recom- mend a variation of the provisions of this ordinance as authorized in this section unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that: (1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regula- tions governing the district in which it is located. (2) The plight of the owner is due to unique circumstances. (3) The variation, if granted, will not alter the essential character of the locality. (b) For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that: 967 Sec. XIII OAK BROOD CODE (1) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. (3) The granting of the variation will not be detrimental to the public welfare or injurious - to other property or improvements in the neighborhood in which the property is lo- cated. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. (5) That the purpose of the variation is not based exclusively upon a desire to make more r:.onev out of the property. (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (c) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighbor- hood, and to implement the general purpose and intent of this ordinance. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which 968 #14 APPENDIX A—ZONING Sec. XIII could otherwise be achieved by a rezoning of the property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family detached res- idences in the R1, R2, R3 and R4 Districts. (6) Re-applications: Any person, firm, or corporation having been denied a variation to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like variation on said real property until the period one (1) year has elapsed since the denial of the application for variation by the President and Board of Trustees. (Ord. No. G137, 9-14-71) (I) Plan Commission. Jurisdiction. The Plan C6mmission of the Village, which has been duly established with functions as prescribed by the Illinois Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance: (1) Receive from the Village Clerk copies of applications for proposed amendments and thereafter may submit its recommendations thereon to the Zoning Board of Appeals and Board of'Frustees. (2) Receive from the Building Inspector copies of applica- tions for proposed Special Uses and thereafter submit its recommendations thereon to the Building Inspector and Board of Trustees. (3) Act on all other matters which are referred to it as required by the provisions of this ordinance. (4) Review, from time to time, the provisions of this ordinance and to make reports of its recommendations with respect to proposed amendments to the Board of Trustees. 969 ��lee • i _ AMENDMENTS Sec. XIII OAK BROOK CODE (I) Amendments. (1) Authority: This ordinance may be amended from time to time by ordinance in accordance with applicable Illinois Statutes. No vote shall be taken upon the adoption of a proposed amendment by the Board of Trustees until after a public hearing before the Zoning Board of Appeals and a report of its findings and recommendations has been submitted to the Board of Trustees along with the recommendation of the Plan Commission. (2) Initiation of Amendment: Amendments may be proposed by the Board of Trustees, Plan Commission or Zoning Board of Appeals, and by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or any exclusive possessory interest which is specifically enforceable on the land which is described in the proposal for an amendment. (3) Processing: (a) A proposal for an amendment shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Board of Trustees. (b) A copy of such proposal shall be forwarded by the Village Clerk to the Zoning Board of Appeals with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be _ held upon notice as required by Illinois Statutes. (c) The Village Clerk shall also transmit a copy of such proposal to the Plan Commission. The Plan Commission shall submit an opinion report relative to such proposed amendment to the Zoning Board of Appeals and Board of Trustees. (4) Decisions: The Board of Trustees, upon report of the Plan Commission, if such report is made, and the 970 _ V. APPENDIX A—ZONING Sec. XIII report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applica- ble Illinois Statutes, or may refer it back to the Boards for further consideration. (5) Re-implications: Any person, firm, or corporation having been denied an amendment to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like amendment on said real property until the period of one (1) year has elapsed since the denial of the application for amendment by the President and Board of Trustees. (Ord. No. G137, 9-14-71) (J) Special Uses. (1) Purpose. The development and execution of the zoning ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, -cannot be properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into ttivo categories: (a) Uses operated by public agency or publicly-regu- lated utilities, or uses traditionally affected with a public interest. (b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condomini- ums and other residential developments. (Ord. No. G-66, 12-19-66) 971 HISTOollc GRAUE MILL GATEWAY AREA . Certificate of Appropriateness (F) Gateway Development Plan Sec.VIII-A OAK BROOK CODE (E) CERTIFICATE OF APPROPRIATENESS RE- QUIRED FOR BUILDING PERMITS. No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the building inspector except upon the issuance of a certificate of appropriateness by the president and board of trustees. Such certificate of appropriateness may only be issued after a public hearing has been held before the plan commission of the village in accordance with the public hearing procedures set forth herein and after the president and board of trustees of the village approve the Gateway development plan for the property involved. (Ord. No. G-272, § 1, 11-11-80) (F) GATEWAY DEVELOPMENT PLAIN. The Gateway development plan must be appropriate to the development of the area consistent with its historic character and shall provide detailed information in regards to the following: (1) Relationship of proposed buildings orstructures to site and ad joining area. The site shall be planned to accomplish a desirable transition with the street- scape, and to provide for adequate planting, pedestrian movement, and parking areas, and shall be evaluated pursuant to the following criteria: (a) The provision, where practical, of setbacks in excess of zoning restrictions to provide an interesting relationship between buildings; (b) The treatment of parking areas with decorative elements, building wall extensions; plantings, berms, or other innovative means so as to screen parking from view; (c) The underground installation of newly installed . utility services, and service revisions necessitated by exterior alterations. Supp. No. 12 920.4 • APPENDIX.A—ZONING Sec.VIII-A (2) Building design. Evaluation of the appearance of a project shall be based on the following criteria: (a) The quality of the design and its relationship to the Graue Mill, its site, and the historic period it represents; (b) The compatibility of the design., arrangement, texture, and materials of the proposed buildings or structures with the intent and purpose of the area; (c) The screening and location of mechanical equip- ment or other utility hardware on roof, ground, or buildings from public view with materials harmo- nious to the building, so as not to be visible from any public ways; (d) The unobtrusiveness and harmoniousness of exterior lighting and the compatibility of fixtures, standards, and all exposed accessories with the building design. (3) Street hardware and signs. (a) Street hardware located on private property shall be designed to be part of the architectural concept of design and landscaping. Materials shall be compatible with buildings; scale and color shall be harmonious. (b) Lighting design in connection with street hard- ware shall meet the criteria applicable to site, landscape, buildings and signs. (c) wall and ground signs shall be part of the architectural concept. Size, color, lettering, loca- . tion, and arrangement shall be harmonious with the building design and shall incorporate the logo symbol of the area approved by the village, a copy of which is attached hereto, labelled Exhibit "B,"" and hereby made a part hereof. •Editor's note—The logo which appears on Exhibit "B" is not set out herein,but is on file and available for inspection in the office of the village clerk. Supp. No. 12 920.5 Sec. VIII-A OAK BROOK CODE (4) Landscaping design considerations. Landscape treat- ment shall be provided to enhance architectural features and provide shade and screening, and shall be evaluated pursuant to the following criteria: (a) The compatibility of the design and size of all landscaping effects with the building or structure and adjacent areas; (b) The preservation, protection and development of existing topographic patterns and plant materials which contribute to the beauty and utility of a development; (c) Where building sites limit planting, the placement of trees in the parkway or paved areas. Parkway trees shall be of a minimum three-inch caliper. Buildings of three (3) stories or more shall have parkway and front and/or sideyard trees of a minimum of five-inch caliper; (d) The method of screening of service yards, and other places which tend to be unsightly, by fencing, planting, or a combination of these. Screening shall be equally effective in all seasons and may be accomplished by use of any combina- tion of walls, fencing or plantings; (e) The enhancement of parking areas and traffic ways with landscaped spaces containing trees and tree groupings and low shrubs or ground cover; (f) The use of unobstrusive exterior lighting to enhance the landscaping; (g) The use of landscaping materials and lighting which have low demand for annual maintenance. (5) Landscape plan. A detailed landscape plan shall show: (a) Location of existing plant materials to remain and those to be removed; Supp. No. 12 920.6 APPENDIX A—ZONING Sec. VIII-A (b) Designation of parkway "street trees." Existing parkway trees shall be preserved and protected during construction; (c) Scientific (genus-species) and common names of proposed landscape material and proposed quanti- ties and sizes of same; (d) Landscape materials other than plant materials shall be designated in detail. The landscape plan shall be prepared by a landscape architect or qualified nurseryman in accordance with the criteria set forth herein in subsection (F)(4). The plan shall be signed and dated by the designer. (6) Site plan. A detailed site plan shall show: (a) Exact location of the building(s) or structure(s) on the site; (b) Exact location of drives, walks, parking areas, parking layout, freestanding or retaining walls, fences, and drainage accommodations; (c) Elevations showing all sides of the proposed structure. Elevations should indicate the type of materials to be used on the structure as well as their proportions; (d) Existing grades or topographic details to be retained and proposed grading; (e) Location of utilities. (Ord. No. G-272, § 1, 11-11-80) (G) ADDITIONAL REQUIREMENTS OF GATEWAY DEVELOPMENT PLAN. In addition to the information required pursuant to subsection (F)(6) of this ordinance, the following require- ments must be met prior to the issuance of a certificate of appropriateness. (Ord. No. G-272, § 7, 11-11-80) (1) Visual environment. In order to ensure an adequate and pleasant natural environment, a sum of money Supp. No. 12 920.7 Sec. VIII-A OAK BROOD CODE equal to not less than five (5) per cent of the total project construction cost, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping upon the grounds, which budgeted amount shall be expended to comply with the provisions of subsections (F)(4) and (F)(5) of this Section VIII-A. The president and board of trustees may vary from or waive the requirement for such expenditure where such expenditure would cause a hardship on the applicant. Hardship, for purposes of this ordinance shall include, but not be limited to the following situations: (a) Irregular shaped lots where landscaping is not practical; (b) Lots with minimal frontage; (c) Development does not cause any visual impact, e.g. development to the rear of a lot or building; and (d) Those instances where there is an abundance of existing natural vegetation precluding the neces- sity for further landscaping treatment. (2) Public utilities. All utility lines, including but not limited to, telephone and electric, in the right-of-way adjacent to and in the development property shall be placed underground. Underground utility lines shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. All transformer boxes and service posts shall be located so as not to be unsightly or hazardous. (H) CERTIFICATE OF APPROPRIATENESS; APPLI- CATION AND HEARING. Upon the filing of an application for a building permit for which a certificate of appropriateness is or may be required, Supp. No. 12 920.8 APPENDIX A—ZONING Sec. VIII-A the applicant shall concurrently file with the village clerk an application for a certificate of appropriateness, which application shall include all the information and material required pursuant to subsections (F) and (G) of this Section VIII-A. Such application shall be referred to the plan commission by the president and board of trustees upon verification of the completeness of said application. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the building inspector to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. The plan commission shall thereupon fix a reasonable time, within forty-five (45) days, for a hearing and give a written five-day notice thereof to the applicant. Upon such hearing the commission shall consider the application for a certificate of appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from the village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this ordinance. All testimony given at such hearing shall be under oath. (Ord. No. G-272, § 1, 11-11-80) (I) ACTION BY PLAN COivIMISSION ON GATEWAY DEVELOPMENT PLAN. Prior to making its decision the commission may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the commission would tend to effect the general purposes of this ordinance. The commission shall make its decision within fifteen (15) days after the hearing is closed and shall issue to the president and board of trustees its findings and recommendation concerning the proposed Gateway development plan. If the plan commission recommends denial of a Gateway develop- ment plan it shall specifically point out such deficiency in its findings. (Ord. No. G-272, § 1, 11-11-80) Supp. No. 12 920.9 Sec. VIII-A OAK BROOK CODE (J) ACTION BY CORPORATE AUTHORITIES ON GATEWAY DEVELOPMENT PLAN. The president and board of trustees may approve or disapprove the proposed Gateway development plan or refer the matter back to the plan commission for further consideration. Upon approval of any proposed Gateway development plan the president and board of trustees shall issue a certificate of appropriateness as to the approved Gateway development plan. (Ord. No. G-272, § 1, 11-11-80) (K) IMPLEMENTATION OF GATEWAY DEVELOP- MENT PLAN. Upon granting of a certificate of appropriateness, the Gateway development plan, including the exterior drawings, sketches, landscape and site plans, renderings and materials upon which said certificate was granted, shall be referred to the building inspector whose responsibil- ity it shall be to determine, from time to time as the project is in progress and upon its completion, that there have been no unauthorized deviations from the Gateway development plan upon which the granting of the certificate of appropriateness was based. (Ord. No. G-272, § 1, 11-11-80) (L) EXCEPTIONS TO GATEWAY DEVELOPMENTS PLAN PROCEDURES. The requirements of this ordinance for submission and approval of a Gateway development plan and the issuance of a certificate of appropriateness shall not be applicable to: (1) Renovation, restoration and preservation of structures designated by the president and board of trustees as historically or culturally significant; (2) Ordinary repairs or interior renovations; (3) Renovations or additions to existing single-family detached residential buildings or structures accessory thereto. (Ord. No. G-272, § 1, 11-11-80) Supp. No. 12 920.10 • SPECIAL USE APPENDIX A—ZONING Sec. XIII report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applica- ble Illinois Statutes, or may refer it back to the Boards for further consideration. (5) Re-Applications: Any person, firm, or corporation having been denied an amendment to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like amendment on said real property until the period of one (1) year has elapsed since the denial of the application for amendment by the President and Board of Trustees. (Ord. No. G137, n-14-71) (J) Special Uses. (1) Purpose: The development and execution of the zoning ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, -cannot be properly permitted in particular districts -without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the paw-tcular location. Such special uses fall into ttivo categories: (a) Uses operated by public agency or publicly-regu- lated utilities, or uses traditionally affected with a public interest. (b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condomini- ums and other residential developments. (Ord. No. G66, 12-19-66) 971 i • • Sec. XIII OAK BROOK CODE (2) Authority: Special uses shall be authorized or denied by the Village Board in accordance with the Statutes of the State of Illinois applicable to amendments of this ordinance, and the regulations and conditions set forth in this ordinance for special uses. No application for a special use shall be acted upon by the Village Board until after: (a) A written report is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and (b) A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable Statutes of the State of Illinois for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. (3) Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intended to request a zoning certificate. (4) Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed thereto- fore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this ordinance. (Ord. No. 6-66, 12-19-66) (5) Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing, may authorize or deny an application for a special use in accordance with the Statutes of the State of Illinois applicable to amend- ments, or may. refer it back to the Board of Appeals and the Plan Commission for further consideration. 972 V4&AGE OF OAK B1@OK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 990.3045 �p coVNf� y PETITION APPLICATION FOR PUBLIC HEARING: ZONING ORDINANCE: APPEAL ($100) X VARIATION ($300) x (AAffiNDMENT ($650) x SPECIAL USE ($400) FLOOD PLAIN: VARIATION ($300) x SPECIAL USE ($675) HISTORIC GRAUE MILL GATEWAY AREA: x CERTIFICATE OF APPROPRIATENESS ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE,PLAT OF SURVEY,AND 18 COPIES OF A SCALE DRAWING SHOWING ALL PERTINENT APPLICABLE INFORMATION; I.e., PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. APPLICANT TO COMPLETE 06-36-308-013 LOCATION West side of York Road south OF SUBJECT PROPERTY: of junction with Spring Road PERMANENT PARCEL NO. 06-36-308-014 LOT NO: N/A SUBDIVISION: N/A ADDRESS: 3824 York Road. North Parcel R-3 Section VII(E) ZONING DISTRICT: ZONING ORDINANCE SECTION: SoutE Parcel B-3 Section ACTION REQUESTED:_ 5ee Rider A attnrlied PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER x AGENT OWNER(S) OF RECORD First National Bank of LaGrange as Trustee PHONE NO. 708/482-7700 under Trust No. 1090 ADDRESS 620 W. Burlington Avenue, LaGrange, Illinois ZIP 60525 BENEFICIARY(IFS) OF TRUST Frank C. Mitchell, E.M. Mitchell and PHONE NO. 708/354-7642 Frank . Mitchell ADDRESS 443 No. Ashland, LaGrange Park, Illinois ZIP 60526 NAME OF APPLICANT Alan Rocca PHONE NO. 630/620-4300 (+ BILLING INFO) ADDRESS 114 Canterbury Lane, Oak Brook, IL ZIP 60523 I e) cc 'fy that*1of ;8bove statements and the statements contained in any papers or plans submitted herewith are true to the St,of y (our kn /and be (Signature) Applicant Date (Signature) Applicant Date �/�v DO NOT WRITE INT SPACE.. FOR OFFICE USE ONLY Due Filed: O�/�w/ / Board of Taut.Referral: Suff Refer ai: Nods Published: "W-fir f' 3//i1-y Y Newspaper. Ll`4/�tiA%zxA_r_4. Due Adj. Property Ownen Notified: 77;377191? Staff Referral: Public Hearing Dates: Plan Cernmission: Zoning Board: </ -7Ty Board of Trustees: 'e{/a8 ,9 f' Board of Trustees: (Approval of OrduijanaO �.S' /064f FEE PAID: S o?OReceipt No. ��� Received By: SIGNED • VILLAGE CLERK: Date:,_ �/ wams..p e • LORD, BISSELL & BROOK 116 SOUTH LA SALLE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE 300 SOUTH GRAND AVENUE, STH FLOOR 13181 443.0700 LOS ANGELES,CALIFORNIA 20071.3800 1=131 402-Is00 CABLE: LOWIRCO COO TELECOPT:12131 426.1200 TELEX: ES-3070 ATLANTA OF/ICE TELECOPT: 13181 443.0330 ONE ATLANTIC CENTER 1801 W. PEACHTREE STREET, SUITE 3700 1100 J o r i e Boulevard ATLANTA, 30302 140411 0270.4070.4{00 Suite 243 TELECOM 14041 272.2847 LONDON OFFICE . 630/990-0561 Oak Brook IL 60523 LLOTD'6,SUITE 090 1LIMC STREET LONDON EC37 700 ENGLAND 0171.!07-4634 TEL ECOPT:0171•929.28so March 9 , 1998 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Att 'n : Thomas Hawk Director of Community Development Re : Petition Application for Public Hearing - Alan Rocca, 3824 fork Rd. Dear Tom : A review of the plans -.now on file with the Village indicates that the following amendments should be made : 1. Rider A. C-1 Amend this section to read as follows : "Approval of use of a ground sign as shown on said Site Plan. " G Amend this section by adding the following words at the end thereof : leas set forth in said Site Plan and Landscape Plan dated Marchy�' , 1998. " 2. Amend my letter of February 16 , 1998 , by substituting the number "31" for the number 1135" in the third line of the second page . Sind ly yours, David M. Gooder DMG : pg '' • RIDER I ER A APPLICATION OF ALAN ROCCA DATED FEBRUARY 16, 1998 The Applicant , Alan Rocca , is requesting approval of the following actions by the Village of Oak Brook : A. Map Amendment to rezone Parcel 2 (the northerly parcel) from R-3 to B-3 . B. Variations to permit the yards depicted on the Site Plan dated February , 1998, as follows : 1 . Reduction of the front yard from 100 feet to 73 feet in width . 2 . Reduction of the north side yard from 60 feet to 40 feet in width . 3 . Reduction of the rear yard from 60 feet to 15 feet in width . 4 . Reduction of the south yard from 60 feet to 20 feet in width. C. The following additional variations : 1 . Approval of use of a ground sign as shown on Exhibit A attached hereto . 2 . Approval of location of off-street loading berth as shown on said Site Plan. D. Issuance of a Special Use Permit under Section VIII (E) (2)c of the Village Zoning Ordinance to permit a bank drive-in as shown on said Site Plan. E. Issuance of a Special Use Permit to utilize the public right-of- way known as Glendale Avenue as a means of ingress and egress to the Subject Property . F. Issuance of a Flood Plain Special Use Permit under Chapter 10 Article 11 Section 10-34 of the Oak Brook Code to permit (a) installation in Parcel 1 and Parcel 2 of underground pipes to provide storage for stormwater and (b) excavation of a part of Parcel 2 to provide a dry detention/storage basin for stormwater and (c) necessary regrading . (1) A4a- 0 • G. Issuance of a Certificate of Appropriateness under Section VIII-A of the Village Zoning Ordinance to permit construction and landscaping in compliance with the Historic Graue Mill Gateway Area requirements . H. Any other necessary relief from Village ordinances as determined by the Village. (2) 7o-2252/719 99 8 ALAN P. ROCCA 5aoaa8472 735 E. ROOSEVELT RD. LOMBARD, IL 60148 DATE 2-17-98 PAYTOT11E Village of Oak Brook I $' 2025.00 ORDER OF !,�, Two thousand twenty—five anr7 00/100--------—DOLLARS �a:a. MAYWOOD-PROVISO STATE BANK 411 Madison SIr"t Maywood,Illinois 60157 MEMO Applications for— A0 ?W2%c orA0 ?W2%c SAW' §91044847 211' 0998 MCI' 0 CHECK S CHECKS $ CASH INV M DATE NAME G.L.ACCOUNT X DESCRIPTION NUMBER i T INVALID E 4k VILLAGE OF OAK BROOK S GINATTURE V BUREAU OF INSPECTION ' B 09748 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS U PHONE: (708) 990-3000 RETAIN THIS RECEIPT � k FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS i REB326 PARCEL LISTING 1 PAGE 1 REB326 PARCEL LISTING 1 PAGE 2 02/13/98 02/13/98 06-36-308-007 COLLECTORS 06-36-308-011 COLLECTORS 97-353 $63,410.00 87-127 $53,860.00 06-36-308-007 06-36-308-011 OAK BROOK PARK DIST BLUMA, BLANCHE L 1450 FOREST GATE RD 3810 SPRING RD OAK BROOK IL 60523 OAK BROOK IL 60523 RAY M OLMSTEDS PLAT OF GMOSER & BLUMAS PLAT OF SURVEY OF PT S 1/2 PT S 1/2 36 39 11 SEC 36 39 11 1 LOT 2 a 06-36-308-009 COLLECTORS 06-36-308-012 COLLECTORS b • 79-270 $70,960.00 00-000 $58,840.00 b r 06-36-308-009 06-36-308-012 n BLUMA, BLANCHE L GRECO, RALPH a 3810 SPRING RD 960 SPRING RD y OAK BROOK IL 60523 HINSDALE ILL 60521 H O z J LYNCH PLAT OF SURVEY GMOSER & BLUMAS PLAT OF r OF PT LOT 1 GMOSER PT S 1/2 36 39 11 0 & BLUMAS PLAT OF SURVEY LOT 1 /EX OLMSTED & Z 7y 7p S 1/2 SEC 36 39 11 LYNCHS PLAT OF H /1 .485 ACS/ LOT A SURVEY & LYNCHS 2ND PLT 7d b r7 d OF SURVEY/ PT LOT 1 O n a� n r 06-36-308-010COLLECTORS a H ai 91-183 $226,740.00 n 06-36-308-010 *NUMBER OF PARCELS IN THIS RANGE: 5 x ORIG, CARLITO V & JEAN Q > a 3900 YORK RD ,hd OAK BROOK IL 60523 H z •J LYNCHS ASSMT RESUB 2 ^a� REB326 PARCEL LISTING 5 PAGE 6 REB326 PARCEL LISTING 6 PAGE 8 02/13/98 02/13/96 06-36-405-001 COLLECTORS 09-01-112-006 COLLECTORS 88-323 $.00 81-257 $8,170.00 06-36-405-001 09-01-112-006 FOREST PRESERVE DISTRICT SCHULTZ, BRYAN C P 0 BOX 2339 33 E BIRCHWOOD AVE GLEN ELLYN IL 60138 HINSDALE IL 60521 W 1/2 SE 1/4 DESC IN GLENDALE SUB 6 2 BK 387 OF DDS 36 39 11 PG 129 09-01-112-007 COLLECTORS 94-075 $8,170.00 06-36-405-002 COLLECTORS • 91-330 $.00 09-01-112-007 LOYOLA UNIVERSITY 06-36-405-002 820 N MICHIGAN AVE FOREST PRESERVE DIST CHICAGO IL 60611 VIL OF HINSDALE/OAK BROOK PO BOX 2339 GLEN ELLYN IL 60138 GLENDALE SUB 7 2 GRAUES ASSMT PLAT NO 2 W 425 FT /MEAS ON S LINE/ 3 06-36-405-003 COLLECTORS REB326 PARCEL LISTING 7 PAGE 9 85-017 $243,540.00 02/13/98 06-36-405-003 09-01-112-016 COLLECTORS E M ENTERPRISES INC 94-075 $12,270.00 3821 S YORK RD OAK BROOK IL 60523 09-01-112-016 LOYOLA UNIVERSITY GRAUES ASSMT PLAT NO 2 820 N MICHIGAN AVE /1 .79 ACS/ 4 CHICAGO IL 60611 GLENDALE SUBDIVISION ALL g & W 1/2 VAC GARFIELD AVE LYG E & ADJ 2 09-01-112-017 COLLECTORS 93-237 $144,330.00 09-01-112-017 KENNEDY, MARY 39 E BIRCHWOOD AVE HINSDALE IL 60521 GLENDALE SUBDIVISION ALL 9 ALL 10 & W 1/2 VAC GARFIELD AVE LYG E & ADJ 2 a` RE8326 PARCEL LISTING 9 PAGE 12 REB326 PARCEL LISTING 10 REB326 PARCEL LISTING 10 PAGE 15 02/13/98 ` 02/13/98 02/13/98 r 09-01-206-004 COLLECTORS 09-01-224-002 COLLECTORS 09-01-224-007 COLLECTORS 87-097 $190,670.00 97-230 $72,970.00 95-136 $36,220.00 09-01-206-004 09-01-224-002 09-01-224-007 MC DONALDS CORP 012-0254 WIET, J D HBH TRUST L-2453 P 0 BOX 66207 195 N HARBOR DR NO 5504 950 N YORK RD NO 107 AMF OHARE CHICAGO IL 60601 HINSDALE IL 60521 CHICAGO IL 60666 TOWN OF FULLERSBURGH GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE /EX N 36.96 FT/ CENTER CONDO CENTER CONDO /EX SLY 57.5 FT AS MEAS UNIT 102 UNIT 107 ON ST & 58.9 FT 5.9923 PERCENT COM INT 2.9732 PERCENT COM INT MEAS ON REAR/ 09-01-224-005 COLLECTORS 09-01-224-008 COLLECTORS 09-01-206-005 COLLECTORS 96-177 $35,500.00 85-182 $30,840.00 87-097 $66,030.00 09-01-224-005 09-01-224-008 09-01-206-005 ZAPPIA, JOHN J NAFFAH, PAUL MC DONALDS CORP 012-0254 950 YORK RD NO 105 6161 COUNTY LINE RD P 0 BOX 66207 HINSDALE IL 60521 HINSDALE IL 60521 AMF OHARE CHICAGO IL 60666 GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE TOWN OF FULLERSBURGH CENTER CONDO CENTER CONDO S 57.5 FT MEAS ON UNIT 105 UNIT 108 ST X 58.9 FT MEAS 2.9151 PERCENT COM INT 2.3016 PERCENT COM INT ON REAR 09-01-224-006 COLLECTORS 09-01-224-009 COLLECTORS 09-01-206-012 COLLECTORS 95-136 $35,500.00 91-044 $52,760.00 00-000 $834,800.00 09-01-224-006 09-01-224-009 09-01-206-012 HBH TRUST L-2453 YORK ROAD ENT PTNRSHP KOPLIN, ALFRED N 950 N YORK RD NO 107 950 YORK RD NO 109 21 SPINNING WHEEL HINSDALE IL 60521 HINSDALE IL 60521 HINSDALE IL 60521 . GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE TOWN OF FULLERSBURGH CENTER CONDO CENTER CONDO ALL LTS 3 THRU 6 & PRT UNIT 106 UNIT 109 LT 7 & PRT NE 1/4 SEC 2.9151 PERCENT COM INT 4.4340 PERCENT COM INT 1-38-11 DESC IN BK 375 OF DDS PT 194 /EX PRT FOR RD COMDM 79 ED 2/ a W 1326 PARCEL LISTING 10 PAGE 18 REB326 PARCEL LISTING 10 PAGE 19 ? REB326 PARCEL LISTING 10 PAGE 20 02/13/98 02/13/98 02/13/98 09-01-224-016 COLLECTORS 09-01-224-021 COLLECTORS 09-01-224-024 COLLECTORS •073 $56,520.00 91-281 $84,940.00 94-333 $126,010.00 09-01-224-016 09-01-224-021 09-01-224-024 COLE TAYLOR BANK 952121 SKUBLE, DEAN F GARY WHEATON BK 350 E DUNDEE RD 410 OAK BROOK RD TR 260-91 WHEELING IL 60090 OAK BROOK IL 60523 1200 OGDEN AVE DOWNERS GROVE IL 60515 GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE CENTER CONDO CENTER CONDO CENTER CONDO UNIT 205 UNIT 104 UNIT 101 4.0020 PERCENT COM INT AS AMENDED R83-83732 11 .6738 PERCENT COM INT 6.9558 PERCENT COM INT • 09-01-224-017 COLLECTORS 150 $54,800.00 09-01-224-022 COLLECTORS 97-204 $98,410.00 *NUMBER OF PARCELS IN THIS RANGE: 19 09-01-224-017 OLD KENT BK - TRUST 6025 09-01-224-022 ATTN THERESE STONE CORNFIELD,KRITSAS&KRENGEL 105 S YORK ST 950 YORK RD NO 208 ELMHURST IL 60126 HINSDALE IL 60521 GRAUE MILL EXECUTIVE CENTER CONDO GRAUE MILL EXECUTIVE UNIT 206 CENTER CONDO 5.4811 PERCENT COM INT UNIT 208 AS AMENDED R84-40463 8.3263 PERCENT COM INT 09-01-224-018 COLLECTORS 344 $46,820.00 09-01-224-023 COLLECTORS 09-01-224-018 95-003 $57,900.00 GARY WHEATON BK-DWNRS GR TRUST 176-88 09-01-224-023 1200 OGDEN AVE DANIELS, GREGORY J DOWNERS GROVE IL 60515 950 YORK RD NO 100 GRAUE MILL EXECUTIVE HINSDALE IL 60521 • CENTER CONDO UNIT 207 GRAUE MILL EXECUTIVE 3.5558 PERCENT COM INT CENTER CONDO UNIT 100 4.4188 PERCENT COM INT 1 1i LORD, BISSELL & BROOK IIS SOUTH LA SALLE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE 300 SOUTH GRAND AVENUE,STH FLOOR (312) 443-0700 LOS ANGELES,CALIFORNIA 900 7 1-3 200 (213)465-1500 CABLE: LOWIRCO CGO TELECOPY:(213)465-1200 TELEX: 25-3070 ATLANTA OFFICE TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER 1201 W. PEACHTREE STREET,SUITE 3700 ATLANTA,GEORGIA 30309 1100 Jorie Boulevard (404)670-4600 TELECOPY:(404)672-5547 Suite 243 LONDON OFFICE 630/990-0561 Oak Brook IL 60523 LLOYD'S,SUITET995 I LIME STREET LONDON EC3M 7DO ENGLAND 0171-327.4534 TELECOPY:0171-929-2250 February 16, 1998 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Att 'n: Thomas Hawk Director of Community Development Re : Petition Application for Public Hearing of Alan Rocca re Property at 3824 York Road Dear Tom: This letter will contain, first , an explanation of the circumstances prompting the Rocca petition and, second , position statements on the relevant factors and standards contained in the Village Code for the requested Village action. A. Circumstances Prompting the Petition. The subject property averages a width from front to rear of 142 feet . The required front yard facing York Road is 100 feet . The required rear yard when abutting residentially zonded property is 60 feet . Thus it is impossible to build any kind of building authorized by B-3 zoning which would meet the combined front .and rear yard requirements . In addition, within the last 10 years stormwater flooding has demonstrated according to the Village Engineer , Dale Durfey, that the elevation of the 100 year flood will reach 645 feet which exceeds the level of almost 50% of the property. Thus significant regrading as well as stormwater storage facilities are necessary. My client ' s engineers have recommended that subsurface storage pipes be installed and that a signi- ficant dry storage basin be constructed at the north end of the property. _. , illage of Oak Brook LORD, BISSELL & BROOK 0 eebruary 16 , 1998 Page Two The underground pipe storage system will occupy roughly 70 feet from east to west and 165 feet from north to south. The dry basin will occupy 35 feet from north to south and 135 feet from east to west and will also occupy space west of the north portion of the building. My client ' s engineers and architects have devoted much time to designing a space for a two-story office and retail building west of , and the necessary automobile parking on top of , the required network of underground 48 inch water storage pipes . The net result is that a building of appropriate size must be located within 15 feet to 20 feet of the westerly property line , 20 feet of the southerly property line, 80 feet of the easterly property line or front property line, and 40 feet of the northerly property line. All of which distances are less than the required yards . The Section XI (D) requires that the property have one off- street loading berth at least 12 feet in width and 55 feet in length and be enclosed by a court having a wall at least eight (8) feet hugh and be set back from a residence district by at least 100 feet . It is not possible to meet all of those requirements . particularly the setback. How- ever, a space has been provided which substantially meets the requirements except for the setback. However the use of such a loading berth will be infrequent since it will be serving a small bank , a jewelry retailer and a group of • small offices . With regard to a ground sign, it is needed because the building will be set back a total of 130 to 140 feet from the roadway of York Road and there are a considerable number of trees on the properties immediately north and south of the subject property. Thus to provide adequate public notice, a ground sign is necessary . Issuance of a Special Use Permit to authorize a bank drive- in which will be located adjacent to the southern end of the building with adequate space for cars waiting for service. The bank is a permitted use and "drive-in establishments for permitted uses" are approved as Special Uses in B-3 Districts provided that they are so designed , located and proposed to be operated that the public health, safety and welfare will be protected and the Special Use will not cause substantial injury to the value of other 0 LORD, BISSELL b BROOK Oillage of Oak Brook February 16 , 1998 Page Three neighborhood property in the ei hborhood in which it is to be located . Issuance of a Special Use Permit for use of the easterly 160 feet of the existing driveway on the public right-of- way known as "Glendale Avenue" for ingress and egress to and from the off-street loading berth and egress from the bank drive-in upon condition that the owner of the subject property bears the cost of reasonable widening of the easterly 160 feet of the driveway and shares the cost of required maintenance and repair on a reasonable basis with the owner of the residential lot immediately west of the subject property. B. Position Statements re Relevant Factors and Standards With regard to variations , it is thus clear that : (1) The subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. (2) The plight of the owner is due to unique circumstances . (3) The variations , if granted , will not alter the essential character of the locality . There are practical difficulties and particular hardships as is made clear by the following : (1) The particular physical surroundings , shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out . (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. (3) The granting of the variation will not be deter- mental to the public welfare or injurious to other property or improvements in the neighborhood in which it is located. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or other- wise endanger the public safety or substantially diminish or impair property values within the neighbor- hood . A. I LORD, BISSELL & BROOK • • Village of Oak Brook February 16 , 1998 Page Four (5) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. With regard to Flood Plain Special Use Permits, all of the following factors must be , and will be, properly taken care of : (1) The danger to live and property due to increased flood heights or velocities caused by encroachments ; (2) The danger that materials may be swept onto other lands , or cross-stream, upstream or downstream to the injury of others ; (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease , contamination and unsanitary conditions ; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners ; (5) The importance of the services provided by the pro- posed facility to the community ; (6) The requirements of the facility for a waterfront location; (7) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (8) The relationship of the proposed use to the compre- hensive plan and floodplain management program for the area ; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles ; (10) The expected heights , velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and (11) Such other factors which are relevant. C. Issuance of a Certificate of Appropriateness under Section VIII-A of the Village Zoning Ordinance to permit construction and landscaping in compliance with the Historic Graue Mill Gateway Area requirements . The Applicant has filed the following materials to justify the issuance of such a Permit ; /S. 3. LORD BISSELL & BROOK • • g Villa e of Oak Brook February 16 , 1998 Page Five 1. Topographic survey. 2 . Gateway Development Plan 3 . Elevations of proposed building . 4 . Landscaping Plan 5 . Design of signage. D. Termination of Cities Service Oil Company v Village of Oak Brook, No . 71-1443-G Circuit Court for the 18th Judicial Circuit , DuPage County, Illinois . Steps will be taken to dismiss the case and the Permanent Injunction granted therein by agreement of the parties , namely the Village of Oak Brook and the First National Bank of LaGrange as Trustee under Trust Agreement dated June 4 , 1975 , and known as Trust No . 1090 , the owner of the property commonly known as 3824 York Road in the Village of Oak Brook and Frank E. Mitchell , one of the beneficiaries of said Trust . Sidcere y yours , i � David M.. ooder DMG ;pg cc A. Rocca J. Romanelli R. Mifflin J. Miskovic FEB. 4198 (TUE) 09:d5 OAIi BRO'" IRE DEPT _ TEL:63090112592 _ P. 001 1KYERG0VERNMXtiTAL AGREP.I ENT BETWEEN THE VILLAGE OF OAR ER001C AND CAPITOL SANK & TRUST This Agreement, entered into this 25th day of Apfil 1989, by and between the Village of Oak Brook, DuPage and Cook Counties, Illinois, a municipal corporation (hereinafter referred to as "VILLAGE"); and Capitol Bank jo and Trust, as Trustee as aforesaid and not individually under Trust #1746, (hereinafter referred to as "OWNERS"), W I T N E S $ E T H c WKEREAS, OWNERS own a piece of property located north of Glendale Avenu q 4D and west of York Road legally described as: G�n Lots 2 in J. Lynch's Assessment Resubdivision of Part of Tract B Cn in J. Lynch Second Plat of Survey (recorded February 11, 1954 as )r'a +� Document 707775) of parts of Lot 1 in Gmoser and Bl=a's Plat of �•�^' f`J Survey (recorded June 18, 1949 as Docwnent 570094) in the south half of Section 36, Township 39 North, Range 11, East of the Cj Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document 840938, in DuPage County, Illinois. Permanent Parcel #06-36-308-010 (hereinafter referred to as "SUBJECT PROPERTY") . WHERZAS, said OWNERS have applied to VXLLAGE for a Flood Plain Special Use Permit in order to develop said property with a single-family residence; --� and WHEREAS, the VILLAGE, pursuant to Ordinance S-66 8 has approved the granting of a Flood Plain Special Use to allow the construction of said single-family residence; and WHEREAS, concurrent with said Flood Plain Special Use application, OWNERS have requested permission to utilize public right-of-way known as Glendale Avenue as a means of ingress and egress to their property hereinabove described; and FEB. -03' 98ME) 09:43 OAK BR�I�''• IRE DEPT TEl.: hHW2392 _ _. P. UU� . Qo 599 l7o• v J WHEREAS, VILLAGE has reviewed alternative methods of providing access to the subject property including the construction of Glendale Avenue to connect to Washington Street; and WHEREAS, VILLAGE has determined alternative methods of access to the subject property are not feasible nor in the public interest due in part to the flood plain characteristics of said portion of Glendale Avenue west of the subject property; and WHU AS, VILLAGE has reviewed OWNER'S request to construct an access way in the right-of-way known as Glendale Avenue to connect to York Road and has approved same subject to the provisions of this Agreement because of the unique circumstances associated with the development of the subject property and the character of Glendale Avenue; and WHEREAS, Article VIz, Section 10, of the Constitution of the Stene of Illinois specifically authorizes units of local government to contract and otherwise associate with individuals, associations and corporations in any manner not prohibited by law or ordinance; NOW, THEREFORE, IN CONSIDERATION of mutual agreements contained herein and upon further considerations and recitals hereinabove set forth, it is hereby agreed by and between the parties hereto as follows: 1. CONSTRUCTION OF IMPROW.KENTS IN PRIVATE RIGHT-OF-WAY OWNERS shall construct an access road to provide access to the SUBJECT PROPERTY in conformance with the specifications entitled. "Grading Plan",, 410 T' attached hereto, labelled Exhibit A, and hereby made a part hereof. The parties agree that no Certificate of Occupancy shall issue for the use of the SUBJECT PROPERTY until tate completion of said roadway improvements. As a further precondition to the issuance of any Certificate of occupancy for the SUBJECT PROPERTY, OWNERS shall provide the VILLAGE with appropriate Waivers 2 - `i FEB. =0mQ' 98 (TGE) 09: 46 OAK BROW FIRE DEPT � TEL;630990'39 P. 003 885 . 059 0 of hien in form and substance acceptable to the Village Attorney evidencing the full payment for all materials and labor for work on said roadway improvements. II. MAINTENANCE OP PROPERTY For and in consideration of the right to utilize the roadway, OWNERS agree to maintain the roadway and r#ht-of-way in VILLAGE in a neat, presentable and serviceable condition at all times. If OWNERS at any time fail to maintain said roadway or right-of-way, VILLAGE shall have the right, but not the obligation, to affect any necessary maintenance. If OWNERS fail to maintain said roadway or right-of-way, VILLAGE, prior to undertaking any maintenance shall provide written notice to OWNERS of their default in their obligation to maintain. If OWNERS do not cure such defect in maintenance within seven (7) days, the VrLLAGF. may provide such maintenance or make such repairs and shall have the right to be reimbursed for all out-of-pocket costs and expenses incurred by the VILLAGE in connection with such maintenance and repair. OWNERS agree to reimburse the VILLAGE for any such costs and expenses and to pay the same within thirty (30) days of receipt of the statement for such costs and expenses. If OWNcRS fail to pay said expenses as provided herein, the VILLAGE shall have a lien upon the SUBJECT PROPERTY to secure payment of the amounts due to the VILLAGE. Ill, INDEMNIFICATION OWNERS shall protect, defend, indemnify and hold harmless the VILLAGE of any claim, liability, cost, damage or *xpense (including w1thout limitaticn reasonable attorney' s gees and court costs of any type, nature or description) arising in connection with the construction or maintenance of the roadway and right-of-way herein described and due in whole or in part to - 3 C -f FEE. =05' 98 (TUE) 09:46 OAK BROW" IRE DEPT TEL:6309c' 92 P. 004 R89 - 009270 the negligent act or omission of the OWNERS, their officers, agents, employees, contractors or invitees. IV. RESERVATION OF RIGHTS OF VILLAGE Notwithstanding any rights of use granted to the roadway in question to OWNERS by this Agreement, VILLAGE reserves any and all rights over, above, below and on the roadway constructed pursuant tot-his Agreement and the entire right-of-way of Glendale Avenue and further reserves the right to make alterations to the roadway constructed hereunder solely within its exclusive discretion. V. COVENANT RUNNING WITH TETE LAND All provisions of this Agreement, including the benefits and burdens are hereby declared to run with the land and are binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hav• caused this Agreement to be executed by the proper signatories pursuant to authorization appropriately given this %N day of t?�a , . 1989. Thi. statement Is tasad srte!y upon informaVan and beli:i. u;er. CAPITOL BANK AND TRUST, as Trustee information furnished by t`:c as aforesaid and not individually beneficiary or benofioic::'.s 0 :'iv under Trust #1746 aforesaid trust. The ti .Jars;.j-isd has no psrsoril isrtoNvlyd;a Of an? of t`c facts cr s:a;aner�ts herein y• JOHN E. HOULIHAN ATTEST: SR. VICE PRESIDENT & TRUST OFFICER csrtainod. SHARON !+;, !'•� VILLAGE OF OAK BROOK, L� i� DuPage and Cook Counties, Illinois ASSISTAIT TRUST OFFICER a municipal7 torpor bion 'r By: Wench F. Cerne Village President 1 ATTEST: PREPARED BY: John H. Brechin, Village Attorn Village of Oak Brook � �— ate• 1200 Oak Brook Road Marianne Lakosir, CMC Oak Brook , IL 605Z1 V111age Clw rk RETURN TO : Bruce F. Kapff - d _ Asssitant ^to Village Manager�COA FEB-13' 98 (TUE) 09:46 OAK BROW'" IRE DEPT TEL;63099112392 P. 005 _ R89 - 0 :59270 STATE OF ILLINOIS) ) SS, COUNTY OF DU PAGE) Cook I, the undersigned, a Notary Public in and for k4p. cQunty and State aforesaid, DO HE �Y CERTIFY that Tthe above names;/ �11%esident and Assistant kOx ' `V CAPITOL BANK AND TRUST, a/C6� $ a P,n L $anally known to me to be the same persons whose names are sukkcr�be �tp the foregoing instrument as such/vim'�resldent and Assistant s �yc%spectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary actj and as the free and voluntary act of said Corzpffs'4 4ff*�.j�e r the uses and purposes therein set forth; and the said AsAistant *eov000vy then and there acknowledged that said Assistant 'f Orcustodian of the corporate seal of said Corporation caused the corporate seal of said Corporation to be affixed to said instrument pursuant to authorit giveln by the Board of Directors of said Corporation, as said AssistantT &n free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this h ay of 1 , 1989. Notary Pub ' My Commission Expires: "4F'F ICL4L SF,1AL" MX =AS STATE OF IL?+INOIS) NOTARY PAM, STATE OF ILUNDIS ) ,S, ExPires 0808149 COUNTY OF DU PAGE) I, the undersigned, a Notary Public in and for the county and State aforesaid, do hereby certify that the above-named WENCE F. CERNE, VILLAGE PRESIDENT and MARIANNE LAKOSIL, VILLAGE CLERK, personally known to me to be the same persons whose names are subscr.i.bvd to the foregoing instrument as such WENCE F. CER.YE and MARIANNE LAKOSIL respectively, appeared before me this day in person and acknowledge that they signed and delivered the said instrument as their own Free and voluntauy act and as the free and voluntary act of said Village for the uses and purposes therein set forth; and the said Village President and Village Clerk, as custodians of the corporate seal of said Village, caused the corporate seal of the said Village to be affixed to said instrument pursuant to authority given by the Board of Trustees of said Village. GIVEN under my hand and Notarial seal this v�Jr day of 1949. � & 'Notazy Public My Commi� S/ Expires: ^"^' r L F OF ICIAL SEAL NORM, S. GA T TAS TARY P�K!C. STATE OF ILLI"IOISP�,,m,luCkl�!I '(oIRCC 9/o4/G1 • State of Min , EN IRAMEYTAL PROTEC N AGENCY Mary A.Cade,Director 2200 Churchill Road,Springfield,IL 62794.9276 21717&2-6762 NOV 15 1996 Mrs. Em. Mitchell 445 North Ashland Avenue LaGrange Park, Illinois 60526 Re: LPC #0430755009 - DuPage County Oak Wook/Grave Mill Garage 3824 'York Road LUST Incident 1921590 LUST/Tech Report He Dear Mrs.'Mitchell: The Agency has reviewed the Professional Engineer Certification Form dated October 18, 1996 and received October 21, 1996. Based on certification by a registered professional engineer, Patrick M. Dowd, of Illinois, further remediation does not appear necessary in regard to the above-referenced incident. This letter does not constitute Ageuey approval of any costs incurred or corrective action activities performed during the remediation of the above-referenced incident. Should you have any questions or require further assistance, do not hesitate to contact Craig Steinheimer, P.E., of my staff, at 217nS2-6762. ply, C.. ric . Portz Unit Manager Leaking Underground Storage Task Section Division of Remediation Managetnent Bureau of Land EEP:CS;ct196486.WPD cc: Michael Fleck, Michael J, Fleck and Associates IrtetN eelw Peyer t_LV Ln:v ljr r l4.CJ i F.U .).71 tJJyl P.4 Illii Envirotunental Protection Arg Leaking dergrowd. Storage Tanks- rogralm . Professional Engineer Certification A. Site identification YSKA incident 8 Oio&: 921590 ISFA Generator S vaooe 043075509/ site Name: Graue Mill Garage site Address o+..r.e.&w1r 3824 York Road City: Oakbrook County: DuPage Be Certification The release from the vndeWound Storage Tank(a) System associated with Incident Number (6disi() 921590 at the facility described in the attached Corrective Action Completion Report dated h n1e 15, 1995, has been remediated in accordance with 35 111. Adm. Code, Part (time sm) 7311-7732 and other applicable rules and regulations. The remadiation has achieved the clean-up objectives set forth by the Agency in: Guidance M=ual for petroleum-Related LUST Cleanups in Illinois, Spring 1990 (TEPA/LPC/90-97) w Leaking Underground Storage Tank Manual, Fall 1991 X (IEPA/LPC/91-203) Leaking Vndergnround Storage Tank, Soil Sampling Requirements (Feb. 1993) Appendix a (from 33 Ill. Adm. Code Part 732) Site Specific cleanup objectives set forth by the Agency in the letter dated Other specify document I certify under penalty of law that the,corrective action completion report, supporting documents and all attac:hmvnts were prepared under my direction or supervision or were reviewed by me. To the beet of my knowledge and belief, the attached Corrective Action Completion Report, supporting documents and all attachments are true, accurate and complete, I am aware that there are aignificant penalties for submitting false information, including the possibility of the fine and imprisonment for knowing violations. Professional SinVineer P.Z. Beal Name, Patrick M. Dowd Fuel latri.ck M. Dowd Address: 031 V! soMbay way_,�_ Palatines IL 60062 Phone: Aq-7-7-7si, t a Ill. Registration No. : _=045212 License Exp tion Date: _1_1-30--1997 Signature: Date, 1gle-39. TM Apq b YAWKW v roosim W1 WhrpWm vet Sw&W d ed rdk XVI if die In v-.wrl AWMIiN AM 141s IL=54,SISI•17.111,FVVN•dkoft�1..fvrtnllw, by ww1 M a two pwly of w v acre=Xm w ok""No tet in HO WW aid PWAW of M r slow f,0.0a0o Ar ONO w"Me!w WMWWP' W0" (du N.0 SNU"$am Me LII g4J1J Ots•WWe■AMrW#QWW W grow A&MW in WV ON,80FAM,1"Pt,raw.Ivy V*Am.&66W AMM r.1M. wifIBMW w vM Ilr It MRt 6f 0W (Weo fta Ttk XV1 W W&t Cku t WWW.Ay rd o 1V6rrq m*&.J. .iai.4vuvelr L e CUs i f,)W 1411 Nit l/J1.1u 7%6 1"1W Ips W600 Yy on Irw N40PO4w e4wM, IL 332 2289 ur.. 535 Rev. • LAND.-SALE-CONTRACT THIS CONTRACT, inade this 1st day of August, 1997 by and between First National Bank of LaGrange t/u/t No. 1090 dated June 4, 1975 (hereinafter referred to as "Seller"), and ALAN ROCCA or nominee (hereinafter referred to as "Rirchaser"); WITNESSETH WHEREAS, Seller is the owner of certain vacant and improved real estate located in Oak Brook, County of ThiPage, and the State of Illinois, which real estate is more particularly set forth and shown as Parcels "One" and "Two" in a survey prepared by Russell W. Schomig of Schomig land Surveyors Ltd. originally dated_ November 29, 1994 and legally described in Exhibit "A" attached hereto, (hereinafter referred to as the "property") with a common address known as 3824 York Road, Oak Brook, Illinois; -and WHER1i1AS, Seller has agreed to sell and f-iirchaser has agreed to purchase the Property as shown on the aforementioned survey; and NOW, THEREFORE, in consideration of the mutual covenants and agreements of each party to the other contained herein, the parties hereto do hereby mutually covenant and agree as follows: ARTICI,E I PIJY2CHASE_ AND_SALE;__EjRCI TAB E. PHIOR 1.1 PURCIiA, PRICE Subject to the terms and conditions contained herein, Seller agrees to sell the Property as described on the attached survey to Purchaser incl Purchaser agrees to purchase the Property from Seller. The total purchase price for the property shall be Dollars which Shall be paid as follows. 1.2 PAYMENT-OF 1?l.litC SE_M1(a The purchase price shall be paid by Purchaser to Seller in the following manner: (A) Dollars by way of cashier's cheek its earnest money (hereinafter referred to as the "Hai-nest Money") to be applied on the Purchase price; the Earnest Money has been deposited with the seller's attorney in an interest-bearing escrow for the benefit of the parties with all interest accruing thereon to be applied for the benefit of rAirchaser. 1 2.2 CONDITION OF TITLE As evidence of Seller's title, Seller ,agrees to furnish to Purchaser at Seller's sole cost and expense, as soon as possible, but in no event later than twenty-one (21) days from date hereof, a commitment from Chicago Title Insurance Co. (the "Title Company), for the property to issue to Purchaser at Closing its owner's title policy in the amount of the Purchase Price, stating that Seller's title to the Property is in the condition required by Section 3.1 hereof and containing an ALTA 3.0 zoning endorsement to the effect that the Property is zoned B-3, and containing an. extended coverage endorsement over all of the general exceptions customarily contained in such policies. Seller may provide an initial title commitment in the, amount of $10,000.00 of owner's coverage and increase to contract price thirty (30) days before closing. 2.3 DEFECTS. IN TITLE; If the title insurance commitment issued by the Title Company shows that Seller's title to the Property is not in the condition required by Section ,3.1 hereof, Seller shall have fifteen (15) days from the (late of Seller's receipt of such commitment in which to remedy the defects of title shown thereon or to obtain title insurance by the title company insuring over and against such defects and agreeing in writing to similarly insure subsequent purchasers of the Property. If Seller is unable to remedy such defects or obtain such title insurance within said time period, Purchaser shall have the option to accept conveyance of title subject to such title defects and proceed with this Contract (in which event Seller's Trustee's Deed to the property will be accepted subject to any such defects) or give written notice to Seller to terminate this Contract, in which latter event Seller shall return to Purchaser the Earnest Money, and thereafter no party hereto shall have any claim against another parlay hereto by virtue of this Contract. If, however, the condition of title to the Property at Closing is not such as is required by Section 2.1 hereof solely by reason of any mortgages, judgments, debts, security interests, or other liens or obligations which were not created or incurred by acts of Purchaser, or those claiming by, through or under Purchaser, the amount of each of which is readily ascertainnhle and the aggregate amount of which is less than the portion of the Purchase Price paid by check to Seller at the Closing, the transaction contemplated hereunder shall be consummated by application of the amount of such portion of the Purchase Price as crlay he necessary to discharge such obligations of Seller. ARTICLE III CONDITIONS PRECEDENT 3..1 CONDI`T'IONS PRECEDENT The Closing of this Contract is subject to each and all of the following conditions precedent: (A) Purchaser's receipt of the following within twenty-one (21) days from the date hereof: 3 contract by giving Seller written notice of such election within ninety (90) days of acceptance hereof by Seller, and thereupon this contract shall be null and void and of no further force and effect, and the earnest money, including any interest earned thereon, shall be returned. The cost of any such studies, tests or inspections shall be paid by Purchaser, unless otherwise stated herein; (H) That there are no easements, express or implied, which are unacceptable to Purchaser or which would affect Purchaser's proposed use of the property; that the-current zoning permits purchaser to build a two-story office building consisting of approximately 7,500 square feet, to be ascertained by Purchaser. (I) Purchaser shall obtain, if desired by Purchaser within ninety (90) days of acceptance of this agreement, at Purchaser's expense, a "Phase One" environmental study report of the subject property. In the event that Purchaser shall, for any reason, in the exercise of his own discretion, disapprove of the findings of said Environmental report, Purchaser may, by giving Seller written notice of such disapproval within five (5) days of Purchaser's receipt of said study report, declare this contract to be null and void and of no further force and effect, and in such event all earnest money shall be returned to the Purchaser forthwith. (J) The title commitment referred to in Paragraph 2.2 and the survey as described in Paragraph 3,1(c) shall be provided to Purchaser and paid for by Seller at closing. In the event this matter does not close as a result of Purchaser's default or the non-occurrence of any condition precedent to purchaser's obligation to close, then Purchaser agrees to pay the cost of said commitment and survey or any cancellation charge for same up to the amount of $2,500.00. 3.2 SOIL TESTS AND TOPnLOGICAL SURVEY Purchaser shall have the right, at any time after the date of this Contract, to make environmental studies, test borings, field surveys, soil and percolation tests as well as any other tests which Purchaser may desire so long as such tests do not materially damage the property. Purchaser shall have the right to declare this contract null and void and of no further force and effect and to have the Earnest Money returned to it should such tests, in the opinion of Purchaser, indicate the Property is unsuitable for 1 urchaser's proposed use, provided that in any event such right is exercised on or before the expiration of ninety (90) days from the date of acceptance of this agreement. S If all of the conditions precedent contained in Article III hereof have not been satisfied or waived by Purchaser before the Date of Closing, Purchaser and Seller may agree to extend the Date of Closing to a date certain, or Purchaser may terminate this Contract by written notice to Seller and all obligations hereunder of the parties hereto, in which event Seller shall cause the Earnest Money to be promptly returned to Purchaser and thereafter no party hereto shall have any claim against another party hereto by virtue of this contract. 4.2 ESCROW. The consummation of the transaction contemplated hereunder shall take place in escrow with the Title Company pursuant to a written escrow agreement among Rirchaser, Seller, and the Title Company containing terms and conditions not inconsistent with the terms and conditions of this Contract (which shall in all events be controlling) and mutually satisfactory to Purchaser and Seller. The cost of any escrow services provided by Title Company shall be borne equally by Seller and Purchaser. ARTICLE Y SELLER'S REPRESENTATIONS AND WARRANTIES 5.1 Seller hereby represents and covenants with Purchaser and its successors or assigns that to the best of Seller's current actual knowledge: (A) That Seller presently is the beneficiary of a land trust which holds title in fee of the property and no other person or entities are in possession of the property; (B) That Seller has not received any notice of, nor do they have any knowledge of, any suits, judgements or violations relating to or at the Property of any zoning, building code, health, wetlands, flood plains, floodways, pollution or waste disposal code or regulation; that Seller has not received any notice, or other legal action of any kind involving the Property; .and that, at Closing, the Property shall be conveyed to Purchaser (or it's nominee or successors or assigns) free and clear of any violations of any building, safety, or health ordinance, statute, or regulation of which Seller has received notice or has knowledge of, or provisions satisfactory to Purchaser slisll have been made to correct and pay for any such violation; (C) That Seller shall not hereafter contract for any services, or make any commitments or obligations, which will bind Purchaser as a successor in interest with respect to the Property; 7 rT —or. (3) There are no pending anticipated suits, actions, investigations, proceedings, liens or notices from any governmental or quasi-governmental agency with respect to the Real Estate, Seller, or Environmental Laws (as hereinafter defined). For purposes of this Contract, the term Hazardous or Toxic Material shall be defined to include: (i) asbestos or any material composed of or containing asbestos in any form and in any type, or (ii) any hazardous, toxic or dangerous waste, contaminant, pollutant, elibetance, material, smoke, gas or particulate matter, as from time to time defined by or for purposes of the Comprehensive Environmental Response Compensation and Liability Act, as amended, and any law commonly referred to as of the date hereof as "Superfund" or "Superlien" or any successor to such laws, or any other Federal, state or local environmental, health or safety statute, ordinance, code, rule, regulation, order or decree regulating, .relating to or imposing liability or standards concerning or in connection with hazardous, toxic or dangerous wastes, substances, material, gas or particulate matter as now or at any time hereinafter in effect (collectively, the "Environmental Laws"). Seller agrees to hold harmless, defend and indemnify Purchaser from and against any and all loss, damage, coat, liability or expense (including reasonable attorneys' and consultants' fees, court costs, penalties and fines) relating to personal, property or economic injury arising from a misrepresentation contained in this subparagraph. All terms of this Paragraph shall survive the Closing and remain in full force and effect for the maximum period provided by law. (L) That Frank C. Mitchell, Frank E. Mitchell, and E.M. Mitchell, as Beneficiaries, own the entire beneficial interest in that certain land trust agreement creating Seller and Beneficiary as the only one authorized to execute the power of direction under such trust agreement creating such land trust; and in consideration of the covenants and agreements of Purchaser contained herein, Beneficiary (but not Seller) warrants and represents that it will exercise the power of direction reserved to it under such trust agreement, and do such other acts and things, as may be necessary or required to direct and enable Seller to meet, comply with, and perform each and every condition, covenant, and agreement that it is required to meet, comply with, or perform under the terms and conditions contained herein; 9 (C) Seller and Purchasers shall execute and deliver a closing statement setting forth the Purchaser Price, with closing adjustments thereto, and the application thereof at Closing; and (D) Purchasers shall deliver to the escrowee the balance of the Purchase Price required to be, paid pursuant to paragraph 1.2(B) hereof. Wherever in this Article VII it is provided that Seller shall execute any particular document or instrument;,such provision shall be interpreted to mandate execution by Seller's agent if required to effect the intended transfer or assignment. ARTICLE VIII CLOSING ADJUSTMENTIS 8.1 The following items shall be paid, prorated, or adjusted in the manner hereinafter set forth: (A)' All real estate taxes due and owing as of the Date of Closing, and all special assessments against the Property, whether payable in installments or not, and all penalties and interest thereon, shall be paid by Seller. (B) Current real estate taxes shall be prorated as of Closing upon the tax year of the applicable taxing authority so that the portion of current taxes allocable to the period from the beginning of such tax year through the Date of Closing shall be credited to Purchaser and the portion of the current taxes allocable to the portion of such tax year from the Date of Closing to the end of such tax year shall be charged to and paid by Purchaser. If the amount of the current general taxes is not then ascertainable, the adjustment thereof shall be predicated upon one hundred five percent (105%) of the most recent ascertainable taxes. Seller and Purchaser do hereby agree to reprorate the 1996 real estate taxes forthwith upon Purchaser's receipt of the actual tax bill for the year in question. Such agreement shall survive the consummation of the transaction. (C) Seller shall pay all expenses necessary to repair or maintain the Property incurred up to the Date of Closing, including such expenditures as shall be required to make the representations, warranties and covenants contained in Article VI above true and correct as of the Date of Closing. 11 ASF.TICLE XI MISCELLANEOUQ 11.1 NOTICES All notices to be given hereunder shall be sent certified mail, return receipt requested, with postage prepaid, to the parties at the following addresses (or to such other or further addresses .as the parties may hereafter designate by like notice similarly sent): To Seller: Mr. and Mrs. F.. Mitchell 445 No. Ashland Avenue LaGrange Park, IL 60526 With a copy sent via facsimile to: C. Jardine, Attorney 106 W. Burlington LaGrange, IL 60525 Fax 708-352-6185 To Purchaser: A. Rocca 735 E. Roosevelt Road Lombard, IL 60147 With a copy sent via facsimile to: J.M. Pa►lletto, Attorney 220 E. North Avenue Northlake, IL 60164 Fax 708-531-0591 11.2 ENTIRE AGREEMENT This Contract and the Exhibits attached hereto embody the entire ag-reement between the parties in connection with this transaction and there are no oral or parol agreements, representations, or inducements existing between the parties relating to this transaction which are not expressly set forth herein and covered hereby. This contract may not be modified except by a written agreement signed by all of the parties. 11.3 SURVIYAI, OF WARRANTIES Each covenant, condition, and representation set forth herein shall survive the Closing and delivery of the deed and other documents contemplated herein, including all covenants and agreements which are to be performed or applied to circumstances subsequent to the Date of Closing. 11.4 BINDING EFFECT This Contract shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors, successors in interest, and assigns. �3 11.11 DELIVERY A duplicate original of this Contract duly executed by Seller shall be delivered to Purchaser's attorney within five (5) days from the date of this Contract; otherwise, at Purchaser's option, this Contract shall become null and void, and the Earnest Money Note shall be returned to Purchaser. 11.12 That the parties, by their execution of this Agreement dated August 1, 1997, do hereby cancel the prior contract between them dated April 21, 1997, which subject matter was the same property as described herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. ACCEPTED FOR PURCHASER, thin _ day of -r . 1997. 17 ACCEPTED FOR SELLER, this 11thday of August 1997. First National Bank of LaGrange not personally but as trustee A /4 /75- byt g C risto erV e C•\WPW&MO\IVPOOC9\JMP\AEALEST\FOAMS\faND2ALS CON 15 fR "r yAN ' t 111M ! �q{fip r e r[4K, o r CV, f +�j p7� .^t• H ��' t'N } `l�k�. � �t.;f,t ,�n f2° �►�71�9t.�. �'lwtr1�-t \ t+� y wyf 4+� rI7"I•" R r � +. ;+�fy� �e ••r ,r� � r 1*'ti. �' � N'�N ,,� 41 Rt•' ��. � ��µ� 1 - -. e,i'ri+��WW Y bP r T" r-y� � t },w i ,4 ,v• , 'f'•4+-« '.rr y4 F/��j,� y � J�'.'rltr j; -'ti•� aP. +•� t � Vii'��) y v f'* ,t,� 5 ° .: it � � ML,A t� ". r�y }I"aP'k r��i}f d,/J � (rri ' tri bfa� ��. r � � �^'• tt y� �rt^`����:1 M' i 4��+'y{r. 1;1.�-. �r1i. �..,, .f�i! '4 �,•' .» 3 •.- ,� ��• a ,• �.'�,tile�y�;ti �+ n y« '� «,�:,, +� ;, �` � f?qY�,+.. 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Vit, �Yy G q `! t " �,rt11}�h. �qi 1. tij�' �'�• r ' ,a �f}fib �1r'�'r � ��'!r.xµ�&�1�- .'"'� r t y� rFc1;R... ti;•4i76t:�Ii$-ry�. .y��+�L1A� � �k�• ,.�dh♦ J}t:" r , n r � �'t� '+ �y1 may, 4eih S�� � '� t•! •�` y�wyd$k{F '� �k ` 1N � � � i': V •.� ,7 #��r'�w. � � ,c ,t� 3 1"����;>� rte, h.. Ir. \• R' V ..,`d �' t e���i°�4� b y r:..t •I��t''. A;.ti r IRy �; 'eiq w 1 1?ty ', y l:{^!P•� ii :p M1 !f f t :E,' '1 Y ,,k''�, ""9,' !� i,b�Y " F ^' ,rr •: , r ITi} ��y � � � � 1 �• a 47 t� d,, u•+1.� �1• r��t • } u�� �r � j ��,,,� �� � «:, end t � �.•. a.x+ .j t'• �dK'I � A 1„ �.ISi .+ ,,,} ;t' �! '�i/ �+y "S1 t t�'. ;,•p�� r ter;. � a f1f4 , Ki LN vy 4 r. �� � 1�F �' 4Pt`t d� �r+ ,�� t ft2 ;{7+��'hl• R. ,� t t II .i r f 4yy,. •"t ►r►►► 1 r,rrr - 37 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA(Items For Final Action): A. APPOINTMENTS: No Business. B. ORDINANCES&RESOLUTIONS: 1) RDINAN E 99-SD- A- -937 AN ORDINANCE ORD.9 9-SD-DP-Ft<A-', AMENPING O DINANQE_$-914 BY EX'T'ENDING THE S-937 AMEND S-9j EXPIRATIQ DATE OF THE CERTIFICATE OF EXTEND EXPIRATIOI APPROPRIATENESS GRANTED THEREIN (3824 YORK DATE OF CERTIF. ROAD,OAK BROOK.IL 60523): APPROPRIATENESS (3824 York Road), 1, 2) �}RDINANCE 99-�O-SU-S-938 All ORDINANCE oRD.99-ZO-su- '� AMENDING QWINANgE 5-915 BY EXTENDING THE S-938 AMEND S-9 EXPIRATION DATE OF THE SPECIAL USE PERMIT EXTEND SPEC GRANTED T iLREIN (3824 YORK ROAD. OAK BROOK. IL PERMIT F(3824Yor 60523). Road) D) ORDINANCE 99:.ZO SU-FP-S-939 AN ORDINANCE ORD.99-2o-SU-FP-I AMENDING ORDINANCE S-916 BY EXTENDING THE S-939 AMEND S-9;1 EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE EXPIRATIO PERMIT GRANTED THEREIN(3824 YORK ROAD, OAK BATE OF FLOOD PLAIN SPECIAL US BROOK,IL 60523): (3824 York Road) 4)IORDINANCE 99-ZO-V-S-940 AN ORDINANCE AMENDING oRD.99-z0-v-S-94 ORDINANCE S-917 BY EXTENDING THE EXPIRATION AMEND S-917 EXT DATE OF THE VARIATIONS FROM THE PROVISIONS OF EXPIRATION DATE THE ZONING ORDINANCE 13824 YORK ROAD. OAK VARIATIONS(3824 York Road Y BROOK,IL 60523): !' !I � Pursuant to the Village Board's direction given at the Regular meeting of April 13, 1999, Village Attorney Martens has drafted four (4) ordinances which extends from January 31, 1999 to July 31, 1999 the time within which Mr. Rocca must take title to the property at 3824 York Road. I The ordinances which are affected by this extension are: S-914 authorizing issuance of a certificate of appropriateness; S-915 granting a special use for a drive-in banking facility; S-916 granting a flood plain special use; and S-917 granting variations. Each ordinance states that, except for the provision pertaining to the condition imposing a deadline for Mr. Rocca to take title to the li VILLAGE OF OAK BROOK Minutes 4 of 18 April 27, 1999 I ,I property, all other provisions of the underlying ordinances remain in full force and effect. Village Attorney Martens suggested that the maker of the motion move that all four(4)ordinances be approved at the same time. Motion by Trustee McInerney, seconded by Trustee Cale I, to pass Ordinance 99-SD-DP+CA-S-937, "An Ordinance Amending Ordinance S-914 By Extending The Expiration Date Of The 1 Certificate Of Appropriateness Granted Therein (3824 York Road, Oak Brook, IL 60523)',Ordinance 99-ZO-SU-S-938, "An Ordinance Amending Ordinance S-915 By Extending The Expiration Date Of The Special Use Permit Granted Therein (3824 York Road, Oak Brook, IL 6{9523)", Ordinance 99-ZO-SU-FP-S-939, "An Ordinance Amending Ordinance S-916 By Extending The Expiration Date Of The Flood Plain Special Use Permit Granted Therein (3824 York �' l Road, Oak Brook, IL 60523)', and Ordinance 99-ZO-V•S-940, "An Ordinance Amending Ordinance S-917 By Extending The Expiration Date Of The Variations From The Provisions Of The Zoning Ordinance (3824 York Road, Oak Brook, IL 60523),, as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, Savino and Shumate. Motion carried. 5) ORDINANCE 99-LC TA-G-631 AN ORDINANCE DELETING QRD,99_LC-TA-G-� .SECTIONS 8-61 AND 8-62 OF ARTICLE 11 OF CHAP'T'ER 8 DELETE SECTIONS ENTITLED "VEHICLES FOR HIRE" OF THE QQDE O ORDINANCIE$ OF THE VILLAGE OF OAK BROOK. ART. II OF GRAFTER 8, ILLINOIS: :`VEHICLES FOR HI Regulation of taxi service in the Village began in 1982 with the licensing of American Taxi as the sole taxi company authorized to originate trips in the Village. There was established at that time a limitation on the number of licensed cabs, which was increased several times over the years in response to requests from the company and support from hotels in the Village. In 1996, the Village revamped its approach to taxi regulation. The !I new ordinance provided for licensing of taxi companies and taxi drivers without limit as to number. The company licensing process involves registration of vehicles to be operated in the Village, which provides the means of inspecting and qualifying the cabs themselves. F OAK BROOK Minutes 5 of 18 April 27, 1999 I� VILLAGE O � 1999 MAY 27 PM 3' V I i�1,'::'0RIt) R r�f a; (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE I Title of Document ORDINANCE 99-SCE-DP+CA-S-937 AN ORDINANCE AMENDING ORDINANCE j S-914 BY EXTENDING THE EXPIRATION DAVE OF THE CERTIFICATE OF APPROPRIATENESS � GRANTED THEREIN (3824 York Road. Oak Brook IL 60523) Property Address/es 3824 York Road Oak Brook. IL 60523_- "' (If vacant land,state vacant land and list nearest cross streets,Oak Brook, IL 60523.) Pin/s Number 06-36-308-013 AND 06-36-308-014 Name &Address of Applicant Alan Rocca 114 Canterbury Lane Oak Brook, IL 60523 Name &Address of Responsible Alan Rocca Party to Receive Recorded 114 Canterbury Lane. Oak Brook. IL 60523 Document and Billing: GIL Account#to be Charged 10-1365 Prepared By: Village of Oak Brook Return T Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road j Oak Brook. Illinois 60523 O_ak_Brook Illinois 60,52 II 'I Name &Address of Recipient of Consideration (when applicable): GIL Account#to be Charged On_ e ra^ s I' Legal 13escri jLQn I Parcel.; Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of LW Survey (recorded June 18, 1949 as Document No. 570094), in the South /z of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent Parcel No. 06-36-308-014. Parcel 2: That part of tract B, in J. Lynch Seconv Plat of Survey gDocument No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of urvay situated in that part of the South %of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to writ: Commencing at the Southwest comer of the Southeast 1//4 of Section 36,Townsh+p 39 North, Range 11, East of the Third Principal Meridian;thence East along the South line of Section 36, a distance of 280.5 feet to a point in the center line of Spring Road as now platted and recorded; thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence still along said center line of Spring Road, a distance of 85.0 feet to a point,thence South 62 degrees, 01 minute West, a distance of 175.0 feet to a point,thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes East a d'►stance o€ 176.78 l� e , feet to the point and point of beginning, except that portion lying in Spring Road, dedicated for highwa purposes, all in DuPage County, Illinois. yy i Permanent Parcel No. 06-36-308-013. I I ;i . STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DU RACE I, ATM;:l i, Linda K. Gonneila, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuRage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on April 27, 1999 , the corporate authorities of the above municipality passed and approved Ordinance 99-so-DP+CA-SJ37 AN ORDINANCE AMENDING ORDINANCE S-914 BY EXTENDING THE EXPIRATION DATE OF THE CERTIFICATE OF APPROPRIATENESS GRANTED THEREIN (3824 York Road, Oak Brook, IL 60523) I DO FURTHER CEERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to ray care for safekeeping and I am the keeper of the same. i I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuRage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 11th day of­ may 199 9 f f t7'44. C' 3 . Connella Jerk �> f Oak Brook u and Cook Counties, IL CO1-`-i� I 'I I; Ii II ,I M 5 COO "11 . VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523-2255 I PHONE: 630 990-3000 FAX: 630 990-0876 June 7, 1999 W E B S I T E: www.oak-brook.org I i MEMO TO' Stephen B.Veitch Richard A.Martens Linda K.Gonnella Date L.Durfey Tom Hawk Darrell Langlois I FROM: Linda Andrys SUBJECT: Recorded Documents I i The following documents were recorded on May 27,1999: 1. ORDINANCE 99-ZO-V-S-932 Oak Brook Park District/1450 Forest Gate Rd.,Oak Brook,IL 60523 81999121365 Recording Fee: 515.00 G/I.#to be Charged: 10-1365 ORDINANCE 99-SD-DP+CA-S-93 7 Alan Roccai'3824 York Rd.,Oak Brook,IL 60523 8.1999121366 Recording Fee: $16.00 G/L#to be Charged: 10-1365 3. ORDINANCE 99-ZO-SU-S-938 Alan Rocca/3824 York Rd.,Oak Brook,IL 60523 81999121367 Recording Fee: 516.00 GIL#to be Charged: 10-1365 i 4. ORDINANCE 99-ZO-SU-FP-S-939 Alan Rocca/3824 York Rd.,Oak Brook,IL 60523 81999121368 Recording Fee: $16.00 G/L#to be Charged: 10-1365 5. ORDINANCE 99-ZO-V-S-940 Alan Rocca/3824 York Rd.,Oak Brook,IL 60523 81999121369 Recording Fee: $16.00 G/L#to be Charged: 10-1365 6. ORDINANCE 99-ZO-V-S-941 John&Judith Sprieser/3423 Spring Rd.,Oak Brook,IL 60523 R199912137C Recording Fce: $15.00 G/L#to be Charged: 10-1365 j 'I cc: Official Files II /REC DOCI 1 999-REcM W04UNE-07 .;mr+ as{a` 'a' a � oo i VILLAGE OF OAK BROOK ;i 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523-2255 PHONE: 630 990-3000 FAX: 630 990.0876 July 14, 1999 I Alan Rocca 114 Canterbury Lane Oak Brook,Illinois 60523 Re: Recorded Documents on May 27, 1999 ORDINANCE 99-SD-DF+CA-S-937 R1999121366 ORDINANCE 99-ZO-SU-S-938 R1999121367 i! ORDINANCE 99-ZO-SU-FP-5-939 81999121368 ORDINANCE 99-ZO-V-S-940 R1999121369 3824 York Rd.,Oak Brook,IL 60523 Dear Mr.Rocca: Copies of the above noted documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter,please&-el.fee to contact me. Sincerely, Linda M.Andrys Records Mznagement Clerk Ama Enclosures cc: Dale L.Durfey,Village Engineer Tom Hawk,Director of Community Development Official Files f ORD .S_ 13"7 dj#46-1alA(.,-. /'RECDDC/1999-RECL i R-ROCCA-2 i I� II �I