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G-625 - 10/27/1998 - ZONING - Ordinances 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. i 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 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 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 25 Amending the Zoning Map 3824 York Road, Page 3 11,A 7 ! erk N> Approved as to Form: l �- illage Attorney Published 10-28-98 Pamphlet form Date Paper Not Published EXHIBIT A , Z _/ ,C o , 1 t ---------- - 2 , a erg" c r N' ST • 6Mr,,, y ` I I �• �' ��y. 1 R -• ■il C Subject . °V Pro ve _ . y = j Z17 Question � �--�'- _ HISTORIC G12AUL MILL _._ GATLWAY AREA