G-785 - 06/28/2005 - ZONING - Ordinances Supporting Documents1 0 4
4. I •
Item 6.H.
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 28, 2005
SUBJECT: Special Uses in ORA1
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move for passage of Ordinance 2005- ZO -TA -G -785, An
Ordinance Amending Title 13, Section 13 -10A -2 of the Village Code of the Village of Oak
Brook
Background /History:
This Ordinance: amends Section 13 -10A -2 to include "Drive -in banking facilities" as a added
special use.
Recommendation:
I recommend that Ordinance 2005- ZO -TA -G -785 be passed.
Last saved by Default J \ALL DOGS \BOARD MEMOS \Drive -In BankORAI doc
Last printed 6/22/2005 9 35 AM
7 6. L
Trustee Kennedy offered that he had no problem with the language and it is sufficiently
broad and it does provide in Section 2 B that the task force has the power to recommend
to the Board of Trustees those actions and programs that will serve to carry out the
purpose of the task force which is broadly defined as redevelopment of the Village both in
terms of business and residential redevelopment
Trustee Aktipis then asked if all of the members of the committee were voting members
or not Trustee Kennedy indicated that the Village President, Plan Commission
Chairman, Zoning Board of Appeals Chairman and Trustee Liaison Sanford to Zoning
and Trustee Liaison Kennedy to Planning and Community Development Director Robert
Kallien are the Committee members President Quinlan explained that the group
recommends to the Board of Trustees
Trustee Manofsky also indicated at the Committee -of -the -Whole meeting that President
Quinlan stated that only those persons who are elected officials or appointed officials
should have the right to vote
Trustee Sanford further explained that the Committee would recommend changes and
then from those recommendations the Board of Trustees would make the determination as
to what is to be included and what priorities should be assigned.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve "A Resolution
Establishing a Task force for the Purpose of Reviewing Potential Business and Residential
Development and Redevelopment Projects"
ROLL CALL VOTE
Ayes 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford
Nays 0 - None
Absent- 1 - Trustee Yusuf Motion carried.
8 BOARD & COMMISSION RECOMMENDATIONS
A INTER CONTINENTAL DEVELOPMENT — 2221 CAMDEN COURT
At its meeting on May 31, 2005, the Zoning Board of Appeals held the required public
hearing on several petitions submitted by Inter Continental Development, on behalf of
Republic Bancorp Co , the owner of the property at 2221 Camden Court seeking
approval of a text amendment to the Zoning Ordinance to permit drive -in banking
facilities in the ORA -1 District (as a special use), a special use to permit construction
of a drive -in banking facility at the 2221 Camden Court and a variation to permit
construction of the drive -in banking facility within the 100 -ft side yard setback on
Camden Court
Text Amendment
VILLAGE OF OAK BROOK Minutes Page 10 of 29 June 14, 2005
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8 A
Banks and financial institutions are now a permitted use in the ORA -1, but drive -in
banking facilities are limited to only the B -2, B -3 and ORA -2 zoning districts
A description of this request is summarized in the following• (New language is
underlined
Section 13 -10A -2 — Add "drive -in banking_ facilities" to the list of special uses
By a vote of 5 to 0, the Zoning Board of Appeals concurred with the recommendation
and findings made by the Plan Commission to approve the text amendment as
requested In making this recommendation, the Zoning Board found that the request
was both reasonable and would compliment the existing uses now permitted in the
ORA -1 District
Special Use
If the proposed text amendment is approved, a three -bay drive -in facility is proposed
for the west side of the existing office building and will-be designed to match the
existing architecture of the building Based on comments made by the Plan
Commission and Village Engineer, the applicant has submitted revised plans which
eliminate the new drive -way that was to be located approximately 130 feet south of
22nd Street /Butterfield Road The applicant's plan now contains a new loop drive that
allows users of the drive -in facility to both enter and exit the facility from the existing
curb -cut for the building at 2221 Camden Court
By a vote of 5 to 0, the Zoning Board of Appeals found that the applicant satisfactorily
addressed all of the applicable factors required for a special use and concurred with
the recommendation and findings made by the Plan Commission to approve the
special use as requested subject to the following conditions
1 Approval of the proposed text amendment to the ORA -1 district to permit drive -in
banking facilities as a special use.
2 The proposed construction is to be in substantial conformance with the revised
plans in the case file on page 24, dated May 17, 2005, prepared by Tech Metra
Ltd and page 25 dated May 23, 2005, prepared by Roake and Associates, Inc
Variation
In order to construct the drive -in banking facility as requested by the applicant at 2221
Camden Court, a variation to Section 13- 10 -A -3 C 2 to reduce the required 100 -ft
setback on Camden Court to approximately 64 -ft As a result of the revised plan, the
applicant's original request for variations to Section 13 -12 -3E 4 and 13 -12 -3E 5 are no
longer required
By a vote of 5 to 0, the Zoning Board of Appeals recommended approval of the
VILLAGE OF OAK BROOK Minutes Page 11 of 29 June 14, 2005
F.I.
8 A
variation as requested subject to the conditions listed below There was a finding that
the applicant has met the required standards for a variation In particular, the Zoning
Board found that unique circumstances and hardship existed with the property in that
the 100 -ft setback along both Butterfield Road and Camden Court (which exists as a
short cul -de -sac) presented difficulties for redevelopment of the property as a banking
facility Also, no comments were received from the neighboring property owners that
the proposed variation would negatively impact any adjacent property
1 Approval of the proposed text amendment and special use request to permit and
construct drive -in banking facilities
2 The proposed construction is to be in substantial conformance with the revised
plans in the case file on page 24, dated May 17, 2005, prepared by Tech Metra
Ltd and page 25 dated May 23, 2005, prepared by Roake and Associates, Inc
1) TEXT AMENDMENT
Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendment to Section 13 -10A -2 of the Zoning
Ordinance to add "drive -in banking facilities" as a special use and authorize the
Village Attorney to draft the necessary ordinance for final consideration at the
June 28, 2005 Board of Trustees meeting VOICE VOTE- Motion carried.
2) SPECIAL USE
Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special use for a drive -in banking facility consisting of 3
bays at 2221 Camden Court and authorize the Village Attorney to draft the
necessary ordinance for final consideration at the June 28, 2005 Board of Trustees
meeting. VOICE VOTE Motion carried.
3) VARIATION
Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variation to reduce the side yard setback on Camden Court from 100 feet to
approximately 64 feet for the property at 2221 Camden Court and authorize the
Village Attorney to draft the necessary ordinance for final consideration at the
June 28, 2005 Board of Trustees meeting VOICE VOTE- Motion carried
Trustee Kennedy commented that the building is filled up to 50% occupancy
VILLAGE OF OAK BROOK Minutes Page 12 of 29 June 14, 2005
F.-
6 D 1) Unit 508 /Street Sweeper Replacement
2) Municipal Complex and Public Works Building Masonry Tuckpointing
E. Budget Adjustments
1) Community Development — Code Enforcement — Business Forms
F Treasurer's Report — May, 2005
G An Ordinance Amending Title 1 ( "Administration ") of the Village Code of the
Village of Oak Brook with Respect to the Responsibilities, Duties and Authority of
the Village Manager (Chapter 5, Article A)
H. An Ordinance Amending Title 13, Section 13 -10A -2 of the Village Code of the
Village of Oak Brook
I An Ordinance Granting a Special Use for a Drive -In Banking Facility
J. An Ordinance Granting A Variation From The Provisions Of Section 13- 10A -3C(2)
of Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak
Brook Relative To Setback Requirements
7 ITEMS REMOVED FROM CONSENT AGENDA-
6 , A 5) Kubiesa, Spiroff, Gosselar & Adler, P C — Attorney Fees - $13,250.00
Trustee Craig addressed Agenda Item 6. A 5) of the cost of litigation that the Village has
been faced with presently and asked that negotiations could resolve the issues of litigation
rather than going to court with the Village Attorney.
Motion to Trustee Craig, seconded by Trustee Sanford, to approve payment of the
Kubiesa, Spiroff, Gosselar & Adler, P C. — Attorney Fees - $13,250.00. ROLL CALL
VOTE-
Ayes 5 - Trustees Aktipis, Craig, Manofsky, Sanford and Yusuf
Nays 0 - None.
Absent- 1 - Trustee Kennedy. Motion carried
Trustee Manofsky stated that it be on the record that one item be removed. Attorney
Kubiesa indicated that this correction has been made.
6. E. Budget Adjustments, 2) General Management — Village Clerk — Office Supplies
Trustee Yusuf addressed Agenda Item 6 E 2) in which he indicated that he was not
opposed to approving this item but that this is an example of some of the controls that
were placed by the prior Village Board. This is a matter where there are two line items in
the Village Clerk's budget that involves transferring $350 00 from one line item to
another as more office supplies have been used than microfilming He suggested that the
Village Board should not be involved in such minute detailed items and asked that the
Board consider supporting some action to set a threshold that the Village Manager could
approve. He has full faith and confidence in his ability and believes that it is absurd that
kthe Board is addressing this minute issue
LAGE OF OAK BROOK Minutes Page 6 of 16 June 28, 2005