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G-904 - 11/10/2009 - ZONING - OrdinancesORDINANCE 2009- ZO -TA -G -904 AN ORDINANCE AMENDING SECTION 13 -15 -2A and SECTION 13 -15 -5F IN THE PLANNED DEVELOPMENT REGULATIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, the Board of Trustees requested the Plan Commission and the Zoning Board of Appeals to consider an amendment to the Planned Development Regulations, and WHEREAS, at its meeting on September 21, 2009, the Plan Commission reviewed the proposed text amendment, and WHEREAS, the Plan Commission recommended approval of the proposed text amendment, and WHEREAS, at its meeting on October 6, 2009 the Zoning Board of Appeals conducted the required public hearing with respect to the proposed text amendment, and WHEREAS, the Zoning Board of Appeals recommended approval of the proposed text amendment, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission and Zoning Board of Appeals and deem the text amendment, as set forth below, to be in the best interests of the Village 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 Section 13 -15 -2A of the Zoning Ordinance is hereby amended by deleting the existing text of and substituting the following in lieu thereof Except as provided for in Section 13-15-5F, no new commercial, office, or mixed -use development construction within the Planned Development Overlay District shall be permitted except as approved as a Planned Development in accordance with this Chapter, provided, however, that a stand alone project for construction of outdoor dining facilities or for drive- through facilities will not require a Planned Development under this Chapter Section 3 Section 13 -15 -5F of the Zoning Ordinance is hereby amended by deleting the existing text of and substituting the following in lieu thereof Exemptions At the election of the applicant, the Planned Development provisions of this Chapter shall not apply to an existing development or a proposed development project that satisfies all of the underlying zoning regulations applicable to the property In such case, the proposed development will be subject to the processes of the Village that are applicable to any new construction project Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Ordinance 2009- ZO -TA -G -904 Zoning Ordinance Section 13 -15 -2 and 13 -15 -5 Planned Development Regulations Page 2 of 2 Section 5 All ordinances or parts thereof In conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ayes Nays APPROVED THIS 10th day of November, 2009 PASSED THIS 10th day of November, 2009 Trustees Aktipis, Carson, Moy, Wolin and Zannis None Absent Trustee Saiyed 8S •M ti.� � ATTEST Charlotte K Pruss Village Clerk