S-1647 - 04/12/2022 - ORDINANCE - Ordinancesioiiiii iii iiiiii
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KATHLEEN V. CARRIER, RECORDER
DUPAGE COUNTY ILLINOIS
04/18/2022 10:51 AM
DOCUMENT # R2022-038779
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document:
Property Address
If vacant land, so state and list nearest cross streets)
PIN No(s).
Name and Address of Applicant: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Name and Address of Responsible: Same
Recorded Document and Billing
Party to Receive Copy of
Prepared By and Return to: Village of Oak Brook 1
1200 Oak Brook Road )
Oak Brook, Illinois 60523-2255
G/L Account to be charged: 112-7300
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
r
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022 -DS -TEMP -AMEND -COMP -S-1647
AN ORDINANCE
TEMPORARILY ADDRESSING INCONSISTENCIES
BETWEEN THE VILLAGE OF OAK BROOK
ZONING MAP AND COMPREHENSIVE PLAN
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 12th day of April, 2022
e
ORDINANCE NO. 2022 -DS -TEMP -AMEND -COMP -S-1647
AN ORDINANCE
TEMPORARILY ADDRESSING INCONSISTENCIES
BETWEEN THE VILLAGE OF OAK BROOK
ZONING MAP AND COMPREHENSIVE PLAN
WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an
Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois;
WHEREAS, the Village has in full force and effect a codified set of ordinances which are
of a general and permanent nature, which said codified set is known and designated as the
Village Code of the Village of Oak Brook, as amended;
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules
and regulations that pertain to its government and affairs that protect the health, safety and
welfare of its residents including the adoption and imposition of certain taxes;
WHEREAS, through the Illinois Municipal Code, the Village has the authority to adopt
zoning regulations to secure adequate light, pure air, and safety from fires and other dangers,
and to otherwise aid in the promotion of public health, safety, comfort and welfare (65 ILCS 11-
13-1);
WHEREAS, through the Illinois Municipal Code, the Village has the authority to create a
plan commission, a purpose of which is to create a comprehensive plan for the present and
future development of the Village (65 ILCS 5/11-12-4; 65 ILCS 5/11-12-5);
WHEREAS, through the Illinois Municipal Code, any municipal plan commission has the
authority to recommend changes to an existing comprehensive plan (65 ILCS 5/11-12-5);
WHEREAS, through the Illinois Municipal Code, the Corporate Authorities of the Village
have the authority to adopt any changes to an existing comprehensive plan that are
recommended by the planning commission (65 ILCS 5/11-12-6);
WHEREAS, the Village adopted a comprehensive plan in June of 1969, which was
further revised in June of 1990;
WHEREAS, the Village adopted the Commercial Area Revitalization plan in May of
2019, which was the most recent revision to the comprehensive plan;
WHEREAS, the Village has in force an Official Zoning Map;
WHEREAS, the Corporate Authorities of the Village have been made aware that
inconsistencies exist between the Village's comprehensive plan and the Village's zoning map;
WHEREAS, the Corporate Authorities of the Village are of the opinion that it is in the
best interests of the safety, health and welfare of residents that the Village's comprehensive
plan be amended to cure inconsistencies with the current zoning map;
WHEREAS, the Corporate Authorities of the Village are aware that an interim solution is
needed while the planning commission develops an amended comprehensive plan to cure any
inconsistencies; and
WHEREAS, for the purpose of creating an interim solution to the inconsistencies
between the Village's comprehensive plan and zoning regulations, all inconsistencies between
the comprehensive plan and existing zoning regulations shall be resolved in favor of the zoning
regulations until an amended comprehensive plan has been adopted by the Village.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village
President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties,
Illinois as follows:
Section One - Recitals
The Board of Trustees hereby find that all of the recitals hereinbefore stated as
contained in the preamble to this ordinance are full, true and correct and do hereby, by
reference, incorporate and make them part of this ordinance as legislative findings.
Section Two — Conflicting Issues
To the extent that an inconsistency exists between the Village of Oak Brook Zoning Map
and the Comprehensive Plan those inconsistencies shall be resolved in favor of the Village of
Oak Brook Zoning Map.
No person should rely on the existing comprehensive plan, last revised in May of 2019,
when making land use and planning decisions. All land use and planning decisions should be
made with reference to the existing Village of Oak Brook Zoning Map until such time as the
current comprehensive plan is revised to be consistent with the zoning map.
Any applications for development or zoning relief that are be made in reliance on the
existing comprehensive plan may be denied to the extent that they are inconsistent with the
current Village of Oak Brook Zoning Map.
Section Three — Effective Date
That this ordinance become effective immediately after its passage
Section Four - Passage Clause
That this ordinance shall take full force and effect from and after its passage, approval
and publication as provided by law.
Section Five - Constitutionality Clause
Any part or parts of this ordinance declared by a court of law to be invalid or
unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the
Oak Brook Municipal Code.
Section Six - Publication
This ordinance shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Seven - Recording
This ordinance shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
PASSED THIS 12th day of April, 2022
Ayes:
Nays:
Absent:
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
None
None
APPROVED THIS 12th day of April, 2022
ATTEST:
Charlotte K. Pruss
Village Clerk
4
Gopal G. Lalmalani
Village President
Oak Brook Resident Mario Vescovi spoke in support of the proposed stop sign installation at the
abovementioned intersection. Shared the impact of the previously installed temporary stop sign and
further expressed his thoughts and opinions on the matter.
5. APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of March 22, 2022
Motion by Trustee Reddy, seconded by Trustee Nagle to approve the Minutes of the Regular Board
of Trustees Meeting of March 22, 2022. VOICE VOTE: Motion carried.
5. APPROVAL OF MINUTES
B. Regular Executive Meeting Minutes of January 25, 2022
Motion by Trustee Reddy, seconded by Trustee Manzo to approve the Minutes of the Regular
Executive Meeting Minutes of January 25, 2022 VOICE VOTE: Motion carried.
CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion.
There will be no separate discussion of these items unless a Board member so requests, in which event,
the item will be removed from the Consent Agenda and considered as the first item after approval of the
Consent Agenda.
A. Accounts Payable for Period Ending: April 7, 2022 - $443,604.40
Significant Items included in Above:
1. LEGAL SERVICES:
a) Lamp Law, LLC. -Legal Services —February 2022 - $3,333.33 CFY22 YTD - $6,666.66))
TOTAL LEGAL BUDGET FOR 2022 IS $266,800
TOTAL LEGAL BILLS PAID FOR 2022 - YTD - $47,753.36
2. Compass Minerals America — Bulk Salt - Inv.# 972154 - $29,718.58
3. DuPage County — Emergency Telephone System Board (ETSB) — Inv.# JV46 - $43,211.13
B. Approval of Payroll for Pay Period Ending: March 19, 2022 - $793,824.08
April 02, 2022 - $751,772.99
QOrdinances & Resolutions
1. RESOLUTION 2022-ICMA-CNTRCT-RHS-AMND-R-2010, A Resolution Approving and
Authorizing an Amendment to the Contract Between the Village and ICMA-RC to Provide
Additional Village Employees and RHS Account Plan Option
2. RESOLUTION 2022-PD-AG-INTCHF-R-2011, A Resolution Approving and Authorizing the
Execution of an Agreement for an Interim Police Chief
3. RESOLUTION 2022-PW-MOW-IGA-DU-R-2012, A Resolution Approving and Authorizing An
Intergovernmental Agreement By And Between The Village Of Oak Brook and DuPage County
Regarding Mowing Along County Roads
VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF APRIL I2, 2022
4. RESOLUTION 2022-PD-AG-INTCHF-R-2013, A Resolution Approving and Authorizing the
Execution of an Agreement By and Between the Village of Oak Brook and Illinois Association of
Chiefs of Police (Interim Police Chief)
5. RESOLUTION 2022 -TMP -EMP -R-2014, A Resolution Approving and Authorizing Staff to Issue
a Purchase Order to Robert Half International Inc. for Temporary Employment Services
ORDINANCE 2022-ZO-PUD-EX-S-1644, An Ordinance Approving a Planned Development
(York Rd. Development Partners, LLC) for a Medical Office Building located at 1800 York Road
Motion by Trustee Reddy, seconded by Trustee Herman to approve the Consent Agenda, with the
exception of Items 6.C.6, and authorize the expenditures as presented.
ROLL CALL VOTE:
Ayes: 6 – Trustees Herman, Manzo, Nagle Reddy, Tiesenga, Yusuf
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
—4 Motion carried
7. ITEMS REMOVED FROM THE CONSENT AGENDA
ITEM 6.C.6 – ORDINANCE 2022-ZO-PUD-EX-S-1644, An Ordinance Approving a Planned
Development (York Rd. Development Partners, LLC) for a Medical Office Building
located at 1800 York Road
Trustee Tiesenga asked for a clarification regarding the installation of the 17ft monument sign mentioned
in the Board packet and its content. He also expressed, his concerns regarding the illumination while
comparing the presented sign to ones that have been approved in the past.
Trustee Herman addressed Trustee Tiesenga's concerns regarding the height of the sign by speaking about
his presentation during the last Board of Trustees meeting.
Interim Development Services Director Rebecca Von Drasek explained that the sign will be a tenant
monument and that the sign permitting process takes place during the phase of construction permitting.
York Rd. Development Partners, LLC representative Rob Oldenburg supported statements made by
Interim Development Services Director Rebecca Von Drasek and further explained the reasoning behind
the proposed height of the sign.
Trustee Manzo clarified his understanding of the height and content structure of the proposed signage. He
also asked for further clarification of the anticipated number of tenants. After that, he proposed an
amendment to the motion and asked Village Attorney Castaldo if the Board would be allowed to approve
the originally presented motion in part and defer the sign portion to the next meeting.
Village Attorney Castaldo explained that the proposed motion would be feasible and the next steps that
should be taken in this scenario.
Village Manager Summers asked for clarification of the proposed amendment.
Motion by Trustee Tiesenga, seconded by Trustee Manzo that the Village discusses approves and
authorizes ORDINANCE 2022-ZO-PUD-EX-S-1644, An Ordinance Approving a Planned
Development (York Rd. Development Partners, LLC) for a Medical Office Building located at 1800
York Road as amended.
ROLL CALL VOTE:
VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF APRIL 12, 2022
Agreement By and Between the Village of Oak Brook and Christopher B. Burke Engineering, LTD.
For the Harger Road Water Main Replacement Project
ROLL CALL VOTE:
Ayes: 6 — Trustees Herman, Manzo, Nagle Reddy, Tiesenga, Yusuf
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
Motion carried
Q. BOARDS & COMMISSION RECOMMENDATIONS
A. 3715 Spring Road — Certificate of Appropriateness (COA) for New Single Family Home
Trustee Herman shared a presentation regarding the property lines, along with the history of the area and
the history of the request including the events that transpired over the course of several years.
Furthermore, he shared his observations and expressed his thoughts, opinions, and concerns on the matter.
Motion by Trustee Herman, seconded by Trustee Manzo to discuss and refer the matter to the Plan
Commission for further deliberations of the Certificate of Appropriateness with specific
considerations to include but not limited to the following:
1. Impact on the Streetscape of the proposed home relative to what currently exists on the pre -
subdivided parcel in accordance with Section 13-8-7(A);
2. Impact on the order and control of growth in the area in accordance with Section 13-8-3;
3. Impact of development in the area consistent with Grime Mill, its site, and the historic period
it represents per Section 13-8-3(C);
4. Both front rear and side yard setback lines consistent with the area;
5. Impact of the height of the proposed subject structure relative to the height of other structures
within the area;
6. Impact a second structure in the area would have on the development of the area and the
Streetscape in the area;
7. Impact a front, rear, and side setbacks will have on the location of a second structure in the
area;
8. Orientation of the proposed structure on the lots;
9. Impact the height of a second structure will have on an area; and
10. Impact of two smaller lots on the area even if such lots are conforming.
ROLL CALL VOTE:
Ayes: 6 — Trustees Herman, Manzo, Nagle Reddy, Tiesenga, Yusuf
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
Motion carried
CB York Road Development Partners, LLC —1800 York Road — Planned Development Proposal
for a Medical Office Building in the 0-4 District.
Trustee Herman made a motion and shared the background of the proposed Development.
Trustee Tiesenga asked about the traffic signal replacement at the intersection of the proposed
Development and clarification on the reduction of the previous commitment by the Developer.
Village Manager Summers addressed Trustee Tiesenga's concerns.
VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF MARCH 22, 2022
Rob Oldenburg Vice President of Development, Irgens, addressed and clarified Trustee Tiesenga's
concerns by explaining the amendments.
Trustee Manzo relayed his recollection of the originally proposed plan.
Trustee Yusuf expressed his thoughts and opinions on the development and the proposed construction of a
four-way intersection.
Motion by Trustee Nagle, seconded by Trustee Manzo that the Village Board concurs with the
recommendation from the Planned Development Commission (PDC) approving the requested
Planned Development located at 1800 York Road to permit and allow construction of a Two (2) story,
35,000 SF outpatient healthcare facility subject to the following:
1. The new outpatient healthcare facility shall comply with the accompanying site plan,
landscape plan and building elevations;
2. Final engineering approval shall be required prior to the issuance of the building permit for
the Development. The final plans shall include the requisite final utilities, intersection
improvements and land bank parking configuration/details;
3. Final landscape plan approval shall be required prior to the issuance of the building permit
for the Development;
4. Trash enclosure shall be constructed of materials and finishes that match the proposed
medical office building to fully screen the enclosure from view;
5. All sign proposals shall comply with applicable sign code regulations of the Oak Brook
zoning ordinance unless otherwise modified or varied;
6. Land bank parking shall be included in the final engineering plans. The applicant agrees to
construct additional parking (within the easement area north of the property) if the Village
determines that the parking demand requires additional off-street parking spaces;
7. Compliance with Plans: The development, maintenance, and operation of the Property will be in
substantial compliance with the plans and documents as submitted, except for minor changes
approved by the Development Services Director and Village Manager in accordance with
Section 13-15-8 of the Zoning Ordinance;
8. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all
Village Ordinance requirements at the time of building permit application except as
specifically varied or waived";
9. Authorize the Village Attorney and staff to negotiate and amend the previous Development
Agreement and to prepare the necessary ordinance granting the Planned Development for
approval and adoption at a future Board of Trustees meeting.
ROLL CALL VOTE:
Ayes: 6 — Trustees Herman, Manzo, Nagle Reddy, Tiesenga, Yusuf
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
Motion carried
9. UNFINISHED BUSINESS
A. Ordinances & Resolutions
1. RESOLUTION 2022-ZO-OZM-EX-R-2003, A Resolution Approving the 2022 Village of
Oak Brook Official Zoning Map
Trustee Yusuf presented the motion speaking in agreement with the vetting process, and the
recommendations from the Plan Commission and the Zoning Board of Appeals. He later suggested
VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF MARCH 22, 2022