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G-414 - 07/12/1988 - ZONING - Ordinances ORDINANCE NO. G- 414 AN ORDINANCE AMENDING SECTION VIII(D) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED RELATING TO YARD AND FLOOR AREA REQUIREMENTS IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting an amendment to the provisions of Sub-sections 3 and 4 of Section VIII(D) of the Zoning Ordinance of the Village of Oak Brook; and WHEREAS, the Zoning Board of Appeals on January 5, 1988, recommended approval of the requested amendments; and WHEREAS, the applicant for the requested Text Amendment has stated under oath that the purpose of said Amendment is to allow for the concurrent development of property both North of 16th Street in the Village of Oak Brook and South of 16th Street commonly known as the Oakbrook Center; and WHEREAS, the applicant made further representations under oath that the requested T3xt Amendment is based upon the assumption of title to the property North of 16th Street by the John Buck Company or its nominee; and WHEREAS, the amendment to the provisions of Section VIII(D)(3) of the Zoning Ordinance is deemed appropriate so as to permit the contemplated development on the two adjacent properties zoned B-2, Regional Shopping Center District, in a manner that: (a) reduces the density on the property north of 16th Street that might otherwise be appropriate based upon the trend of development in that area; (b) minimizes traffic congestion on 16th Street by centralizing high traffic retail development on the existing site of the Oakbrook Center; (c) reduces the impact on the abutting residential property to the east by virtue of (a) and (b) above; and WHEREAS, the Village President and Board of Trustees deems the passage of this Ordinance to be in the public interest provided that the representations hereinabove noted be made a condition of the effectiveness of this Ordinance; 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 the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section V1II(D)(3) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "(3) Floor Area Ratio: Not to exceed 0.5; provided, however, that with regard to any increase of floor area over 0.3, not more than 12-1/2% of permissible floor area in excess of 0.3 shall be devoted to office use as permitted under subparagraph (1)(r) of this section VIII(D)." Section 3: That Section VIII(D)(4) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "(4) Yards: (a) No structure, other than signs as provided for in Section VIII(D)(5)(b) of this ordinance, shall be erected or maintained within the following distances: (1) 300 fee*_ from the right-of-way of 22nd Street or Route 83 (Kingery Expressway); (2) 80 feet from the right-of-way of any other street; Ordinance No. G-414 An Ordinance Amending Section VIII(D) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, As Amended Relating to Yard and Floor Area Requirements in the B-2 Regional Shopping Center District Page two (3) 80 feet from any other district boundary, except that when adjacent to a residence district boundary line, then not within 150 feet of such boundary line provided, however, that the area between a building and the right-of-way of any street or other district boundary may be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities, except that paved areas shall not be located closer than 40 feet to any lot in a residence district. (b) For the purpose of interpreting and enforcing the yard regulations of this section, the entire area included within a B-2 District except that portion separated by a dedicated public street shall be considered as a single zoning lot; more than one building or structure may, however, be erected thereon, and the only front, side and rear yards that need to be observed are those provided for in paragraph (a) above." Section 4: That this Ordinance is subject to the conditions that the John Buck Company or its nominee take title to the property North of 16th Street, East of Illinois Route 83 and West of the Oak Brook Club Subdivision, 'also known as the Buck/Ernie Pyle Resubdivision) and provide the Village with written proof thereof and that the record owners of the Buck-Ernie Pyle Resubdivision execute and deliver to the Village a covenant in form and substance acceptable to the Village as approved by the Village Attorney agreeing to the conditions set forth in Resolution R-456 of the Village of Oak Brook on or before December 31, 1988. Section 5: That all ordinances that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: That this ordinance shall be in full force and effect from and after its passage and approval pursuant to law and upon proof of the satisfaction of the conditions set forth in Section 4 hereof, provided that if conditions are not met, this Ordinance shall be of no force and effect. PASSED this 12th day of July , 1988. Ayes: Trustees Bartecki Bushy, Imrie Maher Rush and Winters Nays: None Absent: None APPROVED this 12th day of Jul 1988. Village Presi en ATT�ES�T:: " Village Clerk Ordinance No. G- 414 An Ordinance Amending Section VIII(D) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, As Amended Relating to Yard and Floor Area Requirements in the B-2 Regional Shopping Center District Page three Approved as to Form: Vi lage Attorney Published 7-13-88 Pamphlet form Date Paper Not Published castle