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S-1084 - 09/28/2004 - ZONING - Ordinancesi ORDINANCE 2004- ZO -V -S -1084 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -8A OF TITLE 13 ( "ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO STRUCTURE HEIGHT (Oak Brook Park District, 1450 Forest Gate Road, Oak Brook, IL 60523 / P.I N. 06 -26- 303 -002) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards for granting variations to the Zoning Regulations, WHEREAS, the Oak Brook Park District ( "Petitioner ") is the owner of certain property legally described as follows That part of Lot 1 in Oak Brook Investment Company Assessment Plat No 3, of parts of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded July 23, 1964 as Document No R64 -26333 described as follows LOT #1 Commencing at the Southeast corner of said Lot 1, thence North 89 °- 40'- 30" West along the South line of said Lot 1, a distance of 178.85 feet, thence North 0° - 05'- 40" West, a distance of 80 00 feet, thence North 89° - 40' - 30" West, and parallel with the South line of Lot 1, a distance of 100 00 feet to the place of beginning; thence North 0° - 05' - 40" West, a distance of 1122 50 feet, thence South 89° - 53' - 48" West, a distance of 26 78 feet, thence North 70° - 48' West, a distance of 324 80 feet, thence North 63° - 49' - West, a distance of 256 19 feet, thence North 81 ° - 09' West, a distance of 231 71 feet, thence South 89° - 42' West, a distance of 842 44 feet, thence South 75° - 20' West, a distance of 532 46 feet more or less to a point on the Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9, 1969 as Document No R69 -1030, thence Southerly along the East line of land conveyed to the State of Illinois per Document No R69 -1030 the following three (3) courses or curves and distances- (1) thence Southerly along an are of a circle, having a radius of 4658 35 feet (4654 65 feet Deed), being convex to the West, the chord thereof having a bearing of South 2° - 46' - 57" East, and a length of 397 63 feet, an arc - distance of 397 75 feet, (2) thence South 9 °- 21' - 58" East, a distance of 195 feet, (3) thence Southerly along an arc of a circle, having a radius of 4648 35 feet (4644 65 feet Deed), being convex to the West, the chord thereof having a bearing of South 12° - 09' - 31" East, and a length of 734 61 feet an arc - distance of 735 37 feet to the intersection with the South line of Lot 1, aforesaid, thence South 89° - 40' - 30" East along the South line of said Lot 1, a distance of 1144 17 feet more or less to a point, which is 1080.84 feet Westerly of the Southeast corner of said Lot 1, thence Northerly along an arc of a circle, having a radius of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8° - 00'- 34" West and a length of 80 85 feet, an arc - distance of 80 86 feet, thence South 89° Ordinance 2004- ZO -V -S -1084 Granting Variation from Sec 13 -3 -8A Page 2 of 4 (PK Dist 06 -26- 303 -002) - 40' - 30" East, and parallel with the South line of Lot 1, aforesaid, a distance of 813.12 feet to the place of beginning WHEREAS, the Subject Property is located within the CR Conservation/Recreation District, the regulations of which would allow the maximum structure height to be fifty -five feet (55'), and WHEREAS, the Petitioner has submitted a petition for a variation to install ball field lights on Fields #1 and #4 that exceed the maximum height permitted in Section 13 -3 -8, and WHEREAS, a similar request was approved by the Village for Fields #2 and #3 in Ordinance 94- ZO-V-E 1 -S -779, and WHEREAS, on May 4, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and found that petitioner adequately addressed the applicable factors for approval of a variation and found that the addition of the proposed ball field lights is consistent with other activities on the District's property, and WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to granting variations to the Zoning Regulations have been met 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 The recitals hereto are incorporated as part of this ordinance SECTION 2 That a variation to Section 13 -3 -8A of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the installation of ball field lights on Field #1 with poles not to exceed seventy feet (70') in height and on Field 44 not to exceed sixty feet (60') in height subject to the following conditions • the lights are erected in substantial conformity with the plan for "Ball Field and Security Lighting For Oak Brook Park District" submitted by Barclay & Associates dated January 30, 2004, and • the original light configuration on Field #1 will be altered to include International Lights which can be focused onto the field and placed on the light standards that face directly towards Forest Gate (approximately 15 of 41 total lights), and • on Fields #1 and #4, the Park District will eliminate any glare from the source of light and assure Ordinance 2004- ZO -V -S -1084 Granting Variation from Sec 13 -3 -8A Page 3 of 4 (PK Dist 06 -26- 303 -002) • the source of light is not directly visible from any adjacent single - family dwelling; and • the illumination from the new lights may not exceed '/2 foot candle at the Forest Gate property line, and • the Park District will transplant mature landscaping from within the Park District to the Forest Gate Road side of Field #1 that will grow to block the view and aura of the lights from Forest Gate residences, and • the Park District will retrofit existing lights on Fields #2 and #3 with International Lights and/or shield the existing lights on Fields #2 and #3 facing Forest Gate in such a manner as to eliminate any glare from the source of light and assure that the source of light is not directly visible from any adjacent single family dwelling; and • the Park District will install walking paths and parking signs to direct patrons to proper parking locations near the Family Recreation Center and the Racquet Club; and • the Park District will ensure the retrofitting of automatic off light switch on Fields 2 and 3 and install automatic off light switches in the Fields 1 and 4, and • the Park District will ensure that all lights on all fields will have secure activation by coaches only and automatic shut off by 10 00 p in on Fields 2, 3 and 4 until October 3 I st and 10 00 p in until Labor Day and 9 00 p m. until October 31St on Field #1, and • the use of lights on Field #1 will be limited to youth sports (high school age and younger), and • the Park District has agreed to review with the Village and the Village Police Department potential restrictions limiting parking on Forest Gate Road, and • the Park District has agreed to explore with the Village possible alterations to Forest Gate Road that would include a center median planted with trees, and • the Park District has agreed to review with the Village the installation of a four -way stop at the intersection of Forest Gate Road, the entrance to the Forest Gate subdivision and Central Park Road SECTION 3 That this Ordinance is limited and restricted to the property commonly known as 1450 Forest Gate Road Road, Oak Brook, Illinois, P I N 06 -26- 303 -002 SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 28t" day of September, 2004 Kevin Quinlan VillaLye President a Ordinance 2004- ZO -V -S -1084 Granting Variation from Sec 13 -3 -8A Page 4 of 4 (PK Dist 06 -26- 303 -002) PASSED THIS 28th day of September, 2004 Ayes Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannin Nays None Absent. None ATTEST Linda K. Gonnella, CMC Village Clerk U