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S-960 - 02/22/2000 - ZONING - Ordinances ExhibitsORDINANCE 2000- ZO- SU- EX -1 -S -960 AN ORDINANCE APPROVING FOURTH AMENDMENT TO ORDINANCE S -841 EXTENDING THE EXPIRATION DATE OF THE SPECIAL USE PERMIT GRANTED THEREIN (1717 Oak Brook Road, Oak Brook, IL 60523) i I WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S -841, passed February 13, 1996, (a copy of which is attached as Exhibit 1) granted a special use permit allowing use of the property commonly known as 1717 Oak Brook Road (the so- called Peabody Mansion) as a historic facility within the Village of Oak Brook, subject to certain conditions and restrictions; and WHEREAS, paragraph 6 of Section 4 of Ordinance S -841, a copy of which is attached as Exhibit I, provides that the Special Use Permit automatically expires if certificates of occupancy for buildings located on the special use property have not been issued on or before February 13, 1998; and WHEREAS, a licensee of the Subject Property, the Mayslake Landmark Conservancy, has, on three prior occasion's, asked for and received from the Village Board extension to the certificate of occupancy deadlines, the current deadline is February 13, 2000, pursuant to Ordinance 98- ZO -SU -S -893, and WHEREAS, the owner of the subject property, the Forest Preserve District of DuPage County, Illinois, has requested that the Village Board extend the certificate of occupancy deadline by one year, 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 Section 6 of Ordinance S -841 is hereby amended to read as follows (i6) The Special Use Permit shall automatically terminate if certificates of occupancy for buildings located on the special use property have not been issued on or before February 13, 2001 Section 3 That all other provisions of Ordinance S -841 are in full force and effect. Section 4 That this ordinance shall be in full force and effect from and after passage and ap pursuant to law PASSED THIS 22nd day of February , 2000 Ayes Nays Absent Trustees Butler, Caleel, Kenny, McInerney and Savino None Trustee Crai Abstain None ' APPROVED THIS 22nd day of February , 2000. i lxl� Cr ,age terp�'� Approved as to Form* I Village Attorney ii Ordinance 2000- ZO- SU -EX1 -S -960 Granting Time Extension DuPage Forest Preserve District, Page 2 Not Published X EXHIBIT 1 Page 1 of 5 96- ZO -SU -S- 841 AN ORDINANCE GRANTING A SPECIAL USE FOR A HISTORIC FACILITY (1717 Oak Brook Road, Oak Brook, IL 60521) WHEREAS, the Forest Preserve District of DuPage County, Illinois, hereinafter referred to as "District ", has the power to acquire and hold lands for forest preserve purposes pursuant to the provisions of the Downstate Forest Preserve District Act, 70 ILLS 805/0.001 et sec.; and WHEREAS, in July of 1993 the District purchased approximately 89;7 acres of property commonly known as Mayslake from an Association of Franciscan Fathers of the State of Illinois; and WHEREAS, upon the application of the District, the Village has rezoned the Mayslake property from the R 3 " (Single - Family Detached Residence' District) to the "CR'° (Conservation /Recreation) District pursuant to the Village's ordinance 95- ZO- R -EX1 -S -809; and WHEREAS, the subject Mayslake property includes two large buildings commonly known as the Peabody Mansion, Portiuncula Chapel, and adjacent grounds, all having a common address of 1717 Oak Brook Road; and WHEREAS, the Mayslake Landmark Conservancy filed an application with the Village for a text amendment to the Zoning Ordinance adding historic facilities as a special use in the CR Zoning District and an application for a special use permit to use the aforestated property ( "special use property ") as a historic facility pursuant to the proposed text amendment; and WHEREAS, a public hearing on the applications has been conducted by the Plan Commission of the Village of Oak Brook on November 20, 1995, and said Commission has submitted its report on the subject applications to the'Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the proposed text amendment and approval of the proposed special use permit, subject to certain conditions; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on December 5, 1995, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject applications to the President and Board of Trustees and has recommended the approval of the proposed text amendment and special use permit, subject to certain conditions; and WHEREAS, pursuant to the recommendations of the Plan Commission and the Zoning Board of Appeals, the President and Board of Trustees has passed Ordinance 96- ZO -TA -G- 566 which amends the text of the Zoning Ordinance by making historic facilities a special use in the CR Zoning District; and WHEREAS, the President and Board of Trustees have reviewed the recommendations from the Plan Commission and the Zoning Board of Appeals Page 2of5 Ordinance 96- ZO -SU -S -841 Granting A Special Use For A Historic Facility, Page 2 reglarding the issuance of a special use permit and concur with the recommendations and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oaki Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That as conditioned below, a Special Use Permit pursuant to thel provisions of Section XIII(J) be and is hereby granted for the hist';ioric facilities commonly known as 1717 Oak Brook Road and legally described 'below: That part of fractional Section 34, lying North and South of the Indian Boundary line, all in Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, IL, described as follows: Commencing at the Northeast corner of Trinity Lakes Unit 1, being a subdivision of part of the Northeast fractional quarter, lying North and South of the Indian Boundary line in said fractional Section 34 recorded as Document No. R79 -74435 in DuPage County, Illinois; thence South 0 °, 45 minutes 09 seconds West along the Easterly line of said Trinity Lakes Unit 1, a distance of 218.44 feet; thence South 34° 26 minutes 33 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 72.11 feet; thence North 890 14 minutes 51 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 155.00 feet; thence South 670 37 minutes 12 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 150.00 feet; thence South 510 34 minutes 55 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 150.00 feet; thence South 29° 14 minutes 56 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 150.00 feet; thence South 100 18 minutes 17 seconds East along said Easterly line of Trinity Lakes Unit 1, a distance of 165.00 feet; thence South 10° 00 minutes 29 seconds West along said Easterly line of Trinity Lakes Unit 1, a distance of 121.83 feet; thence South 700 56 minutes east, a distance of 309 feet to the point of beginning; thence south 631 54 minutes east, a distance of 37 feet; thence north 260 06 minutes east, a distance of 270 feet; thence south 630 54 minutes east, a distance of 100 feet; thence south 260 06 minutes west, a distance of 270 feet; thence south 630 54 minutes east, a distance of 70 feet; thence south 030 32 minutes east, a distance of 325 feet; thence north 87° 05 minutes west, a distance of 400 feet; thence north 26° 06 minutes east, a distance of 440 feet to said point of i beginning, containing 3.2 acres more or less. PERMANENT INDEX NUMBER: 06 -34- 200 -01S (includes other property) Page 3,of 5 Ordinance 96- ZO -SU -S -841 Granting A Special Use For A Historic Facility, Page 3 Section 3: That the special use property shall be available to the public and shall be used exclusively for one or more of the following purposes: 1. An informational and educational center for furthering the purposes and objectives of the Forest Preserve District of DuPage County (the "District ") in the area of natural resource conservation; 2. Historic exhibits; 3. A cultural center and place where members of the public and organizations, public and private, may hold or take part in Hours, lectures, meetings, conferences, classes, seminars and workshops, catered meals, performing arts rehearsals and performances, fund raising events, receptions and social gatherings including weddings, baptisms and memorial services; 4. Offices for the Conservancy and related not - for - profit sub - licensees engaged in maintaining all or part of the buildings or ground's; 5. Living quarters for caretakers and their families; 6. A gift shop; and 7. Space needed for storage or other services which are accessory to any of the above uses or activities and /or the operation or maintenance of the facilities; provided, however, that no restaurant or other facility which providesIregular food service shall be operated on the special use property. , Section 4: That the Special Use Permit granted in Section 2 is subject to these further conditions: 1. The daily use period for the special use property shall not begin earlier than 7:00 a.m. nor last later than 11:00 p.m. Sunday through Thursday, and on Friday and Saturday shall not begin earlier than 7:00 a.m. nor last later than midnight. 2. The Conservancy or other operator of the special use property' or any part or parts thereof shall provide the Village on or before the 15th o,f each month with a list of events scheduled for the following month. 1 3. A minimum of 100 parking spaces shall be provided on the special use property or on adjacent property for use in connection with activities conducted on the special use property. 4. Noise coming from the special use property shall be subject to the performance standards set forth below: Page 4of5 Ordinance 96- ZO -SU -S- 841 Granting A Special Use For A Historic Facility, Page 4 At no point on or beyond the westerly boundary line of the special use property shall the sound pressure level of any performance or operation, coming from! the special use property (other than background noises produced by, sources not under control of the Conservancy and /or its approved sublicensees, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits in the table below: Octave Bank Maximum Permitted Sound Level in Decibels Frequency in Cycles per Second 20 to 75 72 75 to 150 67 150 to 300 59 300 to 600 52 600 to 1,200 46 1,200 to 2,400 40 2,400 to 4,800 34 Above 4,800 32 i Sound levels shall be measured with a sound level meter and associated ;octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the limitations set forth above, provided that such noises shall be capable of beinlg accurately measured and for the purpose of this special use permijt, shall be those noises which cause rapid fluctuation of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. ' 5. All utilities constructed on the special use property shall be placed underground. I 6,. The Special Use Permit shall automatically terminate if certificates of occupancy for buildings located on the special use property have not been issued within two (2) years from the date of adoption of this ordinance. 7. In the event that there are more than two incidents involving' the offenses of disorderly conduct occurring at the special use property inI any 12 -month period, this special use permit shall be subject to revocation' upon notice and hearing. The offense of disorderly conduct is presently set forth in Section 9 -19 of the Oak Brook Code of Ordinances, as may be amended from time to time. 8. In the event that the two pillars at the entrance to the special use property cannot properly accommodate emergency and other vehicles, the 'owner will, take whatever remedial action is necessary to provide safe access for emergency and other vehicles to the property. Page 5 of 5 Ordinance 96- ZO -SU -S -841 Granting A Special Use For A Historic Facility, Page 5 9. In the event that one or more of the above conditions are not met, the Village Manager shall promptly initiate enforcement action, including, but not limited to revocation proceedings, as may be warranted under the circumstances. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 13th day of February, 1996. Ayes: Trustees Kenny, McInerney, Payovich, Saving and Shumate Nays: None Absent: Trustee Bartecki i Abstain: None APPROVED THIS 13th day of February, 1996 ems, ' ^ f � • `r js.+ w t ATTEST:',,'- -r' b .vi 11 a qq- -,tte rk Appr ed as to Form: Village Attorney i V age President Published Date Not Published XX myslksu.crd Paper