S-1084 - 09/28/2004 - VARIATION - Ordinances Supporting Documents'per`- n�r�►t��,�'
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 28, 2004
SUBJECT: Ball Field Lights - Oak Brook Park District
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO -V -S -1084.
granting a variation to the Oak Brook Park District allowing them to install ball field lights
on poles higher than that which is permitted in the Village of Oak Brook Zoning
Ordinance.
Background /History:
The Oak Brook Park District requested a variation to install ball field lights that are sixty feet in
height on Field #4 and seventy feet in height on Field 41. They already have ball field lights on
Fields #2 and #3. Many Forest Gate residents expressed concerns regarding the installation of
additional lights. The Park District met with the Forest Gate representatives to address their
concerns and both the Park District and the Forest Gate representatives agreed to the conditions
set forth in the attached ordinance.
Recommendation:
I recommend that Ordinance 2004- ZO -V -S -1084 be passed.
Last saved by Default J \WORDDOC\BOARD MEMOS\Ball Field Lights 1 doc
Last printed 9/24/2004 11 12 AM
7 A impact that the variation and new parking spaces will have on the neighborhood.
Staff Comments:
As recommended by the Zoning Board, Staff forwarded the revised site plan,
landscape plan and building elevation to all property owners that originally received
the public notice as well as all other property owners located along Windsor Dnveand
Swift Drive. No negative comments on this request were received.
The building at 2020 Swift Drive has been vacant for some time and is in need of a
face -lift. The existing parking spaces are scattered throughout the site and it is
questionable whether some of the existing spaces would be useable considering the
location of the existing truck loading docks.
When this request was first submitted, Staff discussed a number of other alternatives
with the applicant including the possibility of a shared parking arrangement with
another property, the construction of a parking deck and reducing the building size
even further than what has been proposed. Each of these alternatives were either
impossible to achieve (shared parking arrangement because nothing was available) or
were not feasible due to physical or financial reasons (building a parking deck or
further reducing the building size).
Finally, to further limit the visual impact of a new parking lot along Swift Drive, it is
recommended that the applicant include the construction of at least a three (3') foot
high berm in addition to the proposed landscape screening.
Trustee Aktipis stated his hesitancy to approve all the parking spaces that are indicated
in the new plan. He would be more inclined to approve a variation of this plan and
still maintain at least fifty feet of setback from Swift Drive rather than the forty -five
proposed. He suggested only one row of parking would be appropriate and suitable.
That row would be perpendicular to the building so that not all the spaces on the
second row would be lost
Motion by Trustee Aktipis, seconded by Trustee Konn, to continue this agenda item
to the next Village Board meeting and revisit the plan with the petitioner to maintain
the fifty (50') foot setback. VOICE VOTE: Motion carried.
8 UNFINISHED BUSINESS-
A. CONFIRMATION OF APPOINTMENTS - None.
OBZRDINANCES & RESOLUTIONS
RDINANCE 2004- ZO -V -S -1084, "AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -8A OF TITLE 13
f "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE
VILLAGE OF OAK BROOK Minutes Page 6 of 15 September 28, 2004
- r
S. B 1) OF OAK BROOK RELATIVE TO STRUCTURE HEIGHTS (Oak Brook Park
District, 1450 Forest Gate Road, Oak, Brook, IL 60523/P.I.N 06 -26- 303 - 002)"
The Oak Brook Park District requested a variation to install ball field lights that
are sixty feet in height on Field #4 and seventy feet in height on Field #1. They
already have ball field lights on Fields #2 and 93. Many Forest Gate residents
expressed concerns regarding the installation of additional lights. The Park
District met with the Forest Gate representatives to address their concerns and both
the Park District and the Forest Gate representatives agreed to the conditions set
forth
Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of 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 Heights (Oak Brook Park District,
1450 Forest Gate Road, Oak, Brook, IL 60523/P.I.N. 06 -26- 303 - 002)" granting a
variation to the Oak Brook Park District allowing them to install ball field lights
on poles higher than that which is permitted in the Village of Oak Brook Zoning
Ordinance. ROLL CALL VOTE:
Ayes 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. HINSDALE SANITARY DISTRICT CONTRACTOR REQUEST FOR NIGHT
TIME WORK
At its last meeting the Board of Trustees continued this matter to allow the opportunity
for the Village Manager to meet with Hinsdale Sanitary District (HSD) staff regarding
their request for waiver under Section 6 -1 -2 of the Village Code regarding use of
heavy equipment in residential areas outside of the allowed hours and address the
outstanding issue of the assessment of sewer charges during the outdoor watering
season. As a result of a meeting held on September 20, 2004 the HSD has modified its
work request from 8PM - 5AM to 8PM — 12AM and has committed to modifying its
sewer charges for irrigation policy as reflected in their letter of September 23, 2004
As a result of the District's positions relative to the requested work hours as well as its
commitment to change the policy affecting sewer charges during the outdoor irrigation
season staff would recommend approval of the request. The request the Board would
be approving is a waiver of use of heavy equipment outside of the allowable hours of
work pursuant to 6 -1 -2 of the Village Code.
Manager Boehm explained that the policy change affecting sewer charges of sprinkled
VILLAGE OF OAK BROOK Minutes Page 7 of 15 September 28, 2004
J.P. "RICK" CARNEY
OUPAGE COUNTY RECORDER
OCT-29,2004 2:34 PM
OTHER 06 -26 - 303 -002
006 PAGES R2004- 278431
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document 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)
Property Address /es 1450 FOREST GATE ROAD, OAK BROOK, IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -26- 303 -002
Name & Address of Applicant TOM S SUHS, DIRECTOR OF PARKS & RECREATION,
OAK BROOK PARK DISTRICT, 1450 FOREST GATE ROAD, OAK BROOK, IL 60523
Name & Address of Responsible
Party to Receive Recorded
Document and Billing:
G/L Account # to be Charged
TOM S. SUHS, DIRECTOR OF PARKS & RECREATION
OAK BROOK PARK DISTRICT, 1450 FOREST GATE ROAD,
OAK BROOK, IL 60523
10 -1365
Prepared By Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable) -
G/L Account # to be Charged
Return To ilia a of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
N/A
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 are 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 #4 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 m on Fields 2, 3 and 4 until October 31 St and 10 00 p In
until Labor Day and 9 00 p in 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 conunonly 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 28"' day of September, 2004
Kevin uinlan
Village President
�Y
1
c�
1
Ayes
Nays
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
Trustees AktiDis. Caleel. Craig. Korin, Yusuf and Zannin
None
Absent None
�� Q3 3
ATTEST.
Linda K Gonnella, CMC
Village Clerk
4204f 4t
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on September 28, 2004 , the corporate
authorities of the above municipality passed and approved
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)
I DO FURTHER CERTIFY that the original documents, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, ordinances and documents of the said Village of Oak Brook,
DuPage and Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 18th day of October 92004
Cat 0 041.
a K. Gonnella, CMC
ge Clerk
age of Oak Brook
uPage and Cook Counties, IL
of Oq���
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE: October 29, 2004
TO: Richard B Boehm
Kenneth T Kubiesa
Linda K Gonnella
Dale L Durfey
Robert L Kallien
Darrell Langlois
FROM: Linda Andrys
SUBJECT: Recorded Documents
The following documents were recorded on October 29, 2004
1 RESOLUTION 2004- SD -FP -R -880
Kanan Court Subdivision -Final Plat, 3308 Midwest Road, Oak Brook, IL 60523
R2004- 278427 Recording Fee $19 00 G /L# to be Charged 10 -1365
2 KANAN COURT SUBDIVISION -FINAL PLAT
3308 Midwest Road, Oak Brook, IL 60523
R2004- 278428 Recording Fee $57 00 G /L# to be Charged 10 -1365
Plat Certification Fee $2 00 G /L# to be Charged 10 -1365
3 SUBDIVISION IMPROVEMENT AGREEMENT FOR KANAN COURT SUBDIVISION
3308 Midwest Road, Oak Brook, IL 60523
82004- 278429 Recording Fee $48 00 G /L# to be Charged 10 -1365
4 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
FOR KANAN COURT SUBDIVISION
3308 Midwest Road, Oak Brook, IL 60523
82004- 278430 Recording Fee $55 00 G /L# to be Charged 10 -1365
J 5) ORDINANCE 2004- ZO -V -S -1084
�•/ Oak Brook Park District, 1450 Forest Gate Road, Oak Brook, IL 60523
R2004- 278431 Recording Fee $20 00 G /L# to be Charged 10 -1365
6 AGREEMENT TO VACATE PORTION OF EASEMENT FOR PRIVATE ROADWAY
James & Magone Pehta, 97 Livery Court & 101 Livery Circle, Oak Brook, IL 60523
82004- 278432 Recording Fee $33 00 G /L# to be Charged 10 -1365
7 STATUTORY LIEN FOR WATER SERVICE
Mirasol Taba, IS 121 Michigan Ave, Villa Park, IL 60181
82004- 278433 Recording Fee $8 00 G/L# to be Charged 121 -7700
8 STATUTORY LIEN FOR WATER SERVICE
James Upshaw Sr, 805 St Stephens Green, Oak Brook, IL 60523
R2004- 278434 Recording Fee $8 00 G /L# to be Charged 121 -7700
9 RELEASE AND WAIVER OF LIEN (Water Service)
Pamela Stahlmann, 1 S258 Ardmore Ave, Villa Park, IL 60181
82004- 278435 Recording Fee $8 00 G /L# to be Charged 121 -7700
cc Official Files
/RECDOC /2004 - RECMEMO -10 -29 doc
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�DUNTI
Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
s -io84
December 10, 2004
Oak Brook Park District
Attention: Mr. Tom S. Suhs
1450 Forest Gate Road
Oak Brook, Illinois 60523
Re: Recorded Document on October 29, 2004
ORDINANCE 2004- ZO -V -S -1084
1450 Forest Gate Road
Oak Brook, IL 60523
R2004- 278431
Dear Mr. Suhs:
A copy of the above noted recorded document is enclosed for your information.
This is an important record and should be retained in a secure area within your
files.
If you need any further assistance in this matter, feel free to contact me at 630-
990 -5770 on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
/lma
Enclosure
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files V S —1 pea.
/RECDOC /2004- RECLTR- ORD- ZO -V -S- 1084 -0 B PARK DISTRICT -1450 FOREST GATE RD