G-571 - 06/11/1996 - ZONING - Ordinances ORDINANCE 96-ZO-TA-G-571
AN ORDINANCE AMENDING SECTION VII(C) (2)(C) OF
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
ORDINANCE G-60, AS AMENDED
WHEREAS, since 1959, when the Village of Oak Brook was founded and the
first Zoning Ordinance was passed, the Oak Brook Zoning Ordinance has
permitted colleges, universities, convents, monasteries and seminaries as
special uses in residential districts; and
WHEREAS, in 1966 the Zoning Ordinance was amended to provide that the
foregoing special uses are permitted on lots not less than 40 acres in area in
residential districts. These special uses are currently allowed in the R1
Single-Family Detached Residence District pursuant to Section VII(C) (2) (c) ; in
the R2 Single-Family Detached Residence District pursuant to Section
VII(D) (2) ; in the R3 Single-Family Detached Residence District pursuant to
Section VII(E) (2) (a) ; and in the R4 Single-Family Detached Residence District
pursuant to Section VII(F) (2) (a) of the Zoning Ordinance; and
WHEREAS, at least since 1966, the Zoning Ordinance has permitted
colleges or universities on lots of not less than 40 acres in area as special
uses in institutional districts pursuant to Section IX(B) (2) (b) of the Oak
Brook Zoning Ordinance; and
WHEREAS, at least since 1966, convents, monasteries, seminaries and
retreat houses on lots not less than 30 acres have been permitted in
institutional districts pursuant to Section IX(B) (1) (b) (3) of the Oak Brook
Zoning Ordinance; and
WHEREAS, four Oak Brook residents, each of whom resides in a different
residential district within the Village, have applied for a text amendment to
delete Section VII(C) (2) (c) which currently permits colleges, universities,
convents, monasteries, seminaries and accessory uses thereto--on lots not less
than 40 acres in area as special uses in residential districts; and
WHEREAS, a meeting on such application was conducted by the Plan
Commission of the Village of Oak Brook on February 19, 1996, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has made its
findings of fact and recommended approval of the request deleting these
special uses in residential districts; and
WHEREAS, the Plan Commission found that the applicants had satisfied the
ten factors pertaining to amendments to the Zoning Ordinance as set forth in .
Section 8.3(a-j) of the Plan Commission's. Rules of Procedure; and
WHEREAS, a public hearing on such application was conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 7, 1996, pursuant
to due and appropriate legal notice, and said Board has submitted its report
Ordinance 96-ZO-TA-G-571
Amending Section VII(C) (2) (c)
of the Zoning Ordinance, G-60,
as Amended, Page 2
on the subject application to the President and Board of Trustees and has made
certain findings of fact and recommended the deletion of Section VII(C) (2) (c) ,
thereby deleting these special uses in residential districts; and
WHEREAS, the Zoning Board of Appeals found that the applicants had
satisfied the ten factors for text amendments to the Zoning Ordinance as
covered in the applicants' consultant's report. The record indicates that the
applicants called a consultant, Leslie Pollock, AICP, a principal in the firm
of Camiros, Inc. , to address the factors for text amendments which are set
forth in the Plan Commission's Rules of Procedures; his written report which
was referred to by the Zoning Board, is dated January 9, 1996 and is attached
to the application; and
WHEREAS, Section IX(B) (2) (b) of the Zoning Ordinance (which permits
colleges or universities on not less than 40 acres as a special use in
institutional districts) and Section IX(B) (1) (b) (3) of the Zoning Ordinance
(which permits convents, monasteries, seminaries and retreat houses on lots
not less than 30 acres in institutional districts) are unaffected by the
pending application; and
WHEREAS, the application has drawn attention to the need to review all
special uses now permitted in residential districts under Zoning Ordinance
provisions largely unchanged since 1960; and
WHEREAS, the Village has grown from its original population of
approximately 324 (1960 census) to its present population of approximately
9,087 (1990 census) ; and
WHEREAS, as stated in the Comprehensive Plan of 1990, the Village is
nearing its maximum developable ability and must take care to avoid higher
density land use which might be a deterrent to the rural atmosphere of the
Village; and
WHEREAS, the pending application is a first step in this comprehensive
review and possible revision of the special and permitted uses in residential
districts; and
WHEREAS, this Board has directed the Village Manager and the staff to
continue this review and report back to the Board with their recommendations
for further review and referral by this Board; and
WHEREAS, with respect to the pending application, this Board concurs
with the findings and recommendations of the Plan Commission and the Zoning
Board of Appeals; and
WHEREAS, the President and Board of Trustees 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.
Ordinance 96-ZO-TA-G-571
Amending Section VII(C) (2) (c)
of the Zoning Ordinance, G-60,
as Amended, Page 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:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section VII(C) (2) of Ordinance No. G-60, as amended, is
hereby amended by deleting subsection (c) ("Colleges, universities, convents,
monasteries, seminaries and accessory uses thereto--on lots not less than 40
acres in area.") therefrom and realphabetizing the existing paragraphs through
(f) .
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That 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.
Section 5: 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.
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 11th day of June, 1996.
Ayes: Trustees Bartecki, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Pa ovich
Abstain: None
APPROVED THIS 11th day of June, 1996.
V' lage President
r� � ATTEST:
as h.
a ®vl v►
Clerk
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ordinance 96-ZO-TA-G-571
Amending Section VII(C) (2) (c)
of the Zoning Ordinance, G-60,
as Amended, Page 4
Approved as to Form:
Village Attorney
Published 6-13-96 Pamphlet form
Date Paper
Not Published