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G-778 - 04/26/2005 - ZONING - Ordinances Supporting Documents8 5. With regard to the outdoor dining area proposed for building K, the petitioner testified that the additional safety mechanism added would be a low masonry wall barrier that would provide protection as an integrated design that would be part of the building, including pilaster and brick which would be difficult for a car to get through and would more effectively protect patrons 6 Any future outdoor dining area that is proposed to be constructed that is not in substantial conformance to the approved special use would be required to seek an amendment to the special use 7 The maximum seating capacities for each outdoor dining area would be established at time of permit per the building and life safety code as adopted by the Village of Oak Brook In making this recommendation, the both the Plan Commission and Zoning Board of Appeals found that the applicant has satisfactorily addressed all applicable standards required for a special use Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special use for an outdoor dining arrangement and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 22, 2005 Board of Trustees meeting VOICE VOTE Motion carried OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD_ ROAD — ZEXT AMENDMi At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul Properties, Inc , seeking approval of several text amendments to the Zoning Ordinance in order to facilitate development of the Oak Brook Promenade The specific text amendments include Sections 13 -7A -1, 13- 7A -3(B), and 13 -3 -8 of the Zoning Ordinance A detailed description of each of text amendment is summarized in the following (new language is underlined, deleted language is shown with a strike - through) Also, the specific text amendments as requested by the applicant are contained in the case file Text Amendments: Section 13 -7A -1 — add text to permitted uses — health clubs Section 13-7A-3(B) — amend text — Structure Height Not more than thirty feet (30') fifty feet (50') and not more than two (2) stories Section 13 -3 -8 — amend text — No structure shall be erected, converted, expanded, VILLAGE OF OAK BROOK Minutes Page 14 of 44 March 16,2005 IN 8 A - reconstructed or structurally altered to exceed the height limit measured above the natural ground level, as determined by the village engineer, for the district in which the structure is located. However, this height limit for skylights, steeples, flagpoles, chimneys, radio and television aerials, wireless masts, or electric and telephone service poles anywhere in the village, and mechanical rooms, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, water tanks, or elevators or other appurtenances anywhere in the village except residential districts, shall be fifteen feet (15') thirty feet (30') above the height limits of the district in which it is located and shall be for ornamental purposes only and shall in no event be occupied Recommendation The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a vote of 4 to 0 have recommended approval of several text amendments as requested in order to facilitate construction of the proposed Oak Brook Promenade project In making this recommendation, the Zoning Board finds that 1 The amendment to increase the maximum height of structures in the B -1 District would have applicability to other existing parcels zoned B -1 (the two shopping centers at the northwest and northeast corner of Route 83 and 16th Street) 2 The amendment to permit an additional 30 feet of height above the maximum permitted by the district to accommodate the proposed tower may be appropriate in the Oak Brook Promenade but may be excessive when compared to the other developments in the community This provision should be limited (i e , to redevelopment projects) and it is suggested that the Village Attorney draft appropriate language to be included in the final ordinance 3 As presented by the applicant, the proposed increased structure height for the Oak Brook Promenade is deemed reasonable and no evidence was presented to show that it negatively impact adjacent property owners. 4 It may be appropriate to consider a review of the other non - residential zoning districts to determine what changes if any should be made relative to structure height 5 The proposed amendment to add "health clubs" as a permitted use in the B -1 District is deemed reasonable for not only the Oak Brook Promenade but any B -1 property in the Village. 6 The applicant has addressed all of the applicable factors required for a text amendment and as explained in writing under the text amendment tab on pages 3 through 6 in the case file Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested text amendments to the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 22, 2005 Board of Trustees meeting. VOICE VOTE Motion carried. VILLAGE OF OAK BROOK Minutes Page 15 of 44 March 16, 2005 i[:J Item 7•M• s I! ie 6 °11 AGENDA ITEM Regular Board of Trustees Meeting of April 12, 2005 SUBJECT: Structure Heights and Permitted Uses FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -TA -G -778, An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Reulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses Background/History: This Ordinance: amends Section 13 -3 -8, to change the structure height from fifteen feet (15) to thirty feet (30'); amends Section 13- 7 -A -1, to include "Health Clubs" as a permitted use; amends 13 -7A -3B to change the structure height in the B -1 District from thirty feet (30) to fifty feet (50'). Recommendation: I recommend that Ordinance 2005- ZO -TA -G -778 be passed. 00, 1 /, Last saved by Default J \ALL DOCSTOARD MEMOS \TA Off street loading doc 1 / Last printed 4/8/2005 8 58 AM 0 6 D Motion by Trustee Craig, seconded by Trustee Zannis, to approve the Minutes of the Regular Board of Trustees Meeting of March 22, 2005 VOICE VOTE Motion carried E. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 29, 2005 Motion by Trustee Zannis, seconded by Trustee Craig, to approve the Minutes of the Special Board of Trustees Meeting of March 29, 2005 VOICE VOTE. Motion carried. 7 CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. President Quinlan requested a motion to continue the following Agenda Items to the next Village Board meeting. 7 J An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois; 7. K An Ordinance Amending the Zoning District Map Concerning the Oak Brook Promenade Property at 3 00 1 -3 003, 3121 Butterfield Road, Oak Brook, Illinois 60523, 7 L A Resolution Approving the Final Plat of Consolidation Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility Easements; 7 M. An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses, 7 N. An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign Height, Interior Parking Lot landscaping and Off - Street Parking Regulations and 7. 0 An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants Motion by Trustee Zannis, seconded by Trustee Yusuf, to continue Agenda Items 7 J. An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois; 7 K. An Ordinance Amending the Zoning District Map Concerning the Oak Brook Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523, 7 L. A Resolution Approving the Final Plat of Consolidation Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -34 and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility Easements; 7 M. An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(13) in Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses; 7 N. An Ordinance Granting Variations from the VILLAGE OF OAK BROOK Minutes Page 4 of 15 April 12, 2005 a r 7 Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking Regulations and 7 0 An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants to the next Village Board meeting of April 26, 2005. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays • 0 -None Absent 1 - Trustee Caleel. Motion carried Trustee Zannis requested Agenda Item 7 A 1) Kubiesa, Spiroff, Gosslear & Acker, P C — Legal Services — February, 2005 be removed from the Consent Agenda for further discussion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE Ayes • 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays • 0 -None Absent: 1 - Trustee Caleel Motion carried. A Accounts Payable for Period Ending April 8, 2005 - $319,367.19 B Approval of Payroll for Pay Period Ending March 31, 2005 - $538,434 63 C Community Development Referrals D Authorization to Seek Bids or Proposals or Negotiate Contracts. 1) Health Benefits Consultant E Authorization to Hire, Promote or Reassign Duties of Village Employees 1) Part-time Document Imaging Clerk F Budget Adjustments G Police Chief Employment Agreement H An Ordinance Authorizing Transfers Among Budget Line Items I U S Conference of Mayors — 2005 Annual Dues 8 ITEMS REMOVED FROM CONSENT AGENDA 7 A 1) Kubiesa, Spiroff, Gosselar & Acker, P C. — Legal Services — February, 2005 Trustee Zannis indicated that it had been requested that the format of the bills would include initials as to who worked on the specific task. The corrected bills will be sent to the Board in the Friday packet Motion by Trustee Zannis, seconded by Trustee Korin, to approve the bill as presented Ayes 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays 0 - None Absent 1 - Trustee Caleel Motion carried. 9 BOARD & COMMISSION RECOMMENDATIONS - None presented VILLAGE OF OAK BROOK Minutes Page 5 of 15 April 12, 2005 Item 7.M. } } f AGENDA ITEM Regular Board of Trustees Meeting of April 26, 2005 SUBJECT: Structure Heights and Permitted Uses FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -TA -G -778, An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Reulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses Background /History: This Ordinance: amends Section 13 -3 -8, to change the structure height from fifteen feet (15') to thirty feet (30'); amends Section 13- 7 -A -1, to include "Health Clubs" as a permitted use; amends 13 -7A -3B to change the structure height in the B -1 District from thirty feet (30') to fifty feet (50'). Recommendation: I recommend that Ordinance 2005- ZO -TA -G -778 be passed. Last saved by mrimbo I \ADMIN \rkane\ALL DOCS\BOARD MEMOS \OBP TA doc Last printed 4/19/2005 4 22 PM �w 5. himself, his subdivision and friends throughout the Village expressed his gratitude to Trustees Caleel, Korin and Zannis for their time, energy, thoughts, management skills and efforts. He stated due to their efforts the Village will be better and he personally pleaded to all three of them to run for re- election but each of them were not able to do so due to other endeavors Mario Vescovi also commended Trustees Caleel, Korin and Zannis for their dedication and tenacity in their accomplishments They have inspired the Village residents to become more involved in the Village political system and processes Then Samuel Girgis also thanked the three Trustees for their efforts during their tenure serving on the Board of Trustees. He commended them for a job well done for the long range growth of Oak Brook. 6 APPROVAL OF MINUTE REGULAR BOARD OF TRUSTEES MEETING OF APRIL 12, 2005 Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes of the Regular Board of Trustees Meeting of April 12, 2005. 7. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Caleel requested that Agenda Item 7 C. Community Development Referrals, 1) Breakenridge Farm Extension — Preliminary Plat of Subdivision and Agenda Item 7. Q. Amendment to the 2005 Salary Plan and Salary Administration Policy be removed for further discussion. Trustee Korin requested that Agenda Item 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P C — Legal Services — March, 2005 - $23,703.15 be removed for further discussion Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays- 0 -None Absent 0 - None. Motion carried A. Accounts Payable for Period Ending April 22, 2005 - $738,021.26 Significant Items included in Above: 1) DuPage Water Commission - $152,276.09 2) Civiltech Engineering —Payout #5 — 31" Street Bike Path VILLAGE OF OAK BROOK Minutes Page 4 of 17 April 26, 2005 15 7 B Approval of Payroll for Pay Period Ending April 9, 2005 - $593,694 71 D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E Authorization to Hire, Promote or Reassign Duties of Village Employees F Budget Adjustments G Treasurer's Report — March, 2005 H. DuPage County Children's Center Agreement and Contribution I York Road /Harger Road Bicycle /Pedestrian Path — Construction Engineering Amendment No. 1 J An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois K An Ordinance Amending the Zoning District Map Concerning the Oak Brook Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523 L. A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility M 0Easements M An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses ........................... ............................... ........ N An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking Regulations 0 An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants P. Revised Settlement Agreement in the Primeco Class Action Litigation 8 ITEMS REMOVED FROM CONSENT AGENDA 7. A 3) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services — March, 2005 - $23,703 15 Trustee Korin stated she is agreeable to paying the bill with the exception of the last item, the Elmhurst Builders & Developers litigation, as the Village Board had previously passed a motion that Attorney Kubiesa would not bill the Village for time spent in this litigation considering how it was handled and subsequently what has been done to follow through with the litigation. Motion by Trustee Korin, seconded by Trustee Caleel, to approve 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P. C. — Legal Services — March, 2005 - $23,703.15 bill with the exception of $5,994.40 for Elmhurst Builders & Developers. ROLL CALL VOTE. Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays 0 - None. VILLAGE OF OAK BROOK Minutes Page 5 of 17 April 26, 2005 q> t D F Oqk eo c VILLAGE OF OAK BROOK Inter- office Memorandum DATE: April 28, 2005 TO: Rick Boehm Jeff Moline Margaret Rimbo Dale Durfey Meg Klinkow Ken Kubiesa FROM: Rose Kane, Legal Secretary SUBJECT: Ordinance 2005- ZO -TA -G -778, AN ORDINANCE AMENDING SECTIONS 13- 3 -8(A), 13 -7A -1 AND 13 -7A- 3(B) IN TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO STRUCTURE HEIGHT AND PERMITTED USES For your information, a typographical error occurred in this ordinance. The ordinance has been corrected by the addition of `(A)' after 13 -3 -8, both in the title and in Section 1. Attached please find a replacement first page. Thank you for your cooperation in this matter. ORDINANCE 2005- ZO -TA -G -778 AN ORDINANCE AMENDING SECTIONS 13- 3 -8(A), 13 -7A -1 AND 13- 7A -3(B) IN TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO STRUCTURE HEIGHT AND PERMITTED USES WHEREAS, an application has been filed requesting certain amendments to Title 13 of the Village Code of the Village of Oak Brook with respect to structure height and permitted uses in the B -1, Local Shopping Center District, and WHEREAS, the Plan Commission has reviewed the request and has unanimously recommended the approval of the zoning text amendments; and WHEREAS, on February 1 and February 15, 2005, the Zoning Board of Appeals conducted public hearings on the request pursuant to due and appropriate legal notice, and has recommended approval of the zoning text amendments; and WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the requested text amendments as set forth below to be in the best interest of the village, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1- That Section 13- 3 -8(A) (Structure Height) of the Village Code be and is hereby deleted in its entirety and replaced as follows. STRUCTURE HEIGHT: A. No structure shall be erected, converted, expanded, reconstructed or structurally altered to exceed the height limit measured above the natural ground level, as determined by the Village Engineer, for the district in which the structure is located However, this height limit for skylights, steeples, flagpoles, chimneys, radio and television aerials, wireless masts, or electric and telephone service poles anywhere in the Village; and mechanical rooms, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, water tanks, or elevators or other appurtenances anywhere in the Village except residential districts, shall be thirty feet (30') above the height limits of the district in which it is located and shall be for ornamental purposes only and shall in no event be occupied Structure height may be measured from a base elevation other than natural ground level only with the express approval of the Village. However, an elevator housing enclosure for the purpose of providing a single elevator access to the penthouse level not to exceed three hundred, twenty -five (325) square feet in area may be erected to heights which do not exceed by more than twenty - two (22) feet the height limits of the district in which it is located. Section 2" That Section 13 -7A -1 (Permitted Uses) of the Village Code be and is hereby amended to include "Health Clubs" as a permitted use Section 3 That Subsection B of Section 13 -7A -3 (Lot Area Requirements) of the Village Code be and is hereby deleted in its entirety and replaced as follows- B Structure Height: Not more than fifty feet (50') and not more than two (2) stories