S-822 - 08/08/1995 - ZONING - OrdinancesORDINANCE 95-ZO-V-EX1-s-822
WHEREAS, on January 9, 1990, the Village President and Hoard of Trustees
passed and approved Ordinance 5-681 entitled, "An Ordinance Granting
Variations And Other Relief From The Provisions Of The Zoning Ordinance Of The
Village Of Oak Brook Relative To Parking And Required Yards At The Oakbrook
Center Mall" which. authorized 385 required parking spaces on an off-site
location and permitted construction of a parking garage in a portion of a
required yard as more fully set forth in the ordinance, a copy of which is
attached as Exhibit A; and
WHEREAS, one of the conditions of
the
grant of variation was that the
owner agree
to construct an additional
575
parking spaces upon the request of
the Village
based on a calculation that
10,893
spaces were required; and
WHEREAS, based on acquisition by the petitioner of the off-site parking
property and a determination that the parking area now provided (3,811,512
sq. ft.) exceeds the parking area required (3,733,916 sq. ft.), thereby making A
the variation granted in Ordinance 5-681 which reduced the number of spaces by t
575 unnecessary; and cps
WHEREAS, an application has been filed which requests that the variation -�
reducing required parking spaces by approximately 575 spaces be repealed and _._.
that the condition requiring the owner of the subject property to agree to
construct up to 575 additional parking spaces also be repealed; and v
WHEREAS, a public hearing on such application has been conducted by the C)
Zoning Board of Appeals of the Village of Oak Brook on July 13, 1995 pursuant
to due and appropriate legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variation requested conforms to the standards set forth in Section
XIII(G)(4) of the said Oak Brook Zoning Ordinance; and
WHEREAS, the Village President and Board of Trustees concur with the
recommendations and findings made by the Zoning Board of Appeals;
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: That the provisions of the preamble hereinabove set forth in
Section XIII(G)(4) of the said Oak Brook Zoning Ordinance are hereby adopted
as though fully set forth herein.
Section 2: That Section 4 of Ordinance 5-681 is hereby repealed;
Ordinance 95-ZO-V-MX S-822
Amending Ordinance 5-681
Relative to Parking and
Required Yards at Oakbrook
Center, Page 2
Section 3: That Section 7B of Ordinance 5-681 is hereby repealed;
Section 4:
That
all other provisions
of Ordinance 5-681 which are not
repealed above
are and
shall remain in full
force and effect.
Section 5:
That
this ordinance shall
be in full force and effect from
and after passage
and
approval pursuant to
law.
PASSED THIS 8th day of August, 1995.
Ayes: Trustees Bartecki, Kenny,*IcInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THZS 8th day of August, 1995.
Village PresidemE
ATTEST:
"V'illaqd clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published Xx �7
Lfl
Applicant: Urban Retail Properties Co. :I1
Address: 100 Oakbrook Center
Oak Brook, IL 60521
PIN 06-23-300-022 thru 06-23-300-033
06-23-300-036, 06-23-300-037,
06-23-300-040 thru 06-23-300-042
obcenter.ord `�
ORDINANCE S- 681
AN ORDINANCE GRANTING VARIATIONS AND OTHER RELIEF
FROM THE PROVISIONS OF THE ZONING ORDINANCE
WHEREAS, applications have been filed requesting certain variations for
the Oakbrook Center Mall relating to parking requirements to allow for the
construction of a parking garage, the provision of off-site parking and the
reduction in the number of required parking places; and
S+i[-IEREAS, the Zoning Board of Appeals and Plan Commission of the Village
of Oak Brook have made recommendations for the approval of the requested
relief sought in said application pursuant to public hearings conducted by the
Zoning Board of Appeals on November 21, 1989, and by the Plan Commission on
November 20, 1989; and
WHEREAS, the Zoning Board of Appeals made explicit findings that the
variations requested meet the applicable standards of Section XIII(G)(4) of
the Oak Brook Zoning Ordinance, including unique circumstances related to the
right-of-way configuration, the lack of any negative effect upon the neighbor-
hood, and that the yield of the property would be negatively affected if the
variations requested were not granted; and
WHEREAS, the corporate authorities have considered said recommendations
and findings and concur in the same;
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: That the provisions of the preamble hereinabove set forth are
hereby incorporated herein as though fully set forth herein.
Section 2: That the variations granted herein are limited to the
property known as the Oakbrook Center Mall, Oak Brook, IL, which property is
legally described in the attached Exhibit A.
Section 3: That a variation from the provisions of Section VII(D)(4)
of
the Zoning Ordinance is granted so as to permit construction of a parking �
garage located approximately 190 feet from the right-of-way line of 22nd t0
Street and Illinois Route 83. Jt
Section 4: That a variation is granted from the provisions of Section -"
XI(E)(12)(eJ(3) of the Zoning Ordinance to reduce the required off-street
parking spaces by approximately 575 spaces from the required 10,893 spaces. tV
Section 5: That a variation from the provisions of Section XI(E)(10) of
the Zoning Ordinance is hereby granted so as to preclude the necessity of the
Ordinance S- 681
An Ordinance Granting Variations
and Other Relief Relative to
Parking and Required Yards
at the Oakbrook Center Mall
Page 2
filing of a covenant regarding the use of off-site property for accessory parking
as depicted in th�� tached Exhibit B.
Section 6: That pursuant to the provisions of Section XI(E)(2) of the
Zoning Ordinance, authorization is granted for the construction of
approximately 385 required parking spaces at an off-site location as depicted in
thel/attached Exhibit B.
O csl'
Section 7: That the variations herein granted are expressly subject to
the following conditions:
A. That the parking garage proposed to be constructed shall contain not
more than 3 levels (2 above ground) and shall contain not less than 620
parking spaces in conformance with the provisions of the Oak Brook Zoning
Ordinance. The location of such parking garage shall be substantially
identical to the location depicted in the attached Exhibit B.
B. That the owner of the subject property execute and deliver to the
Village a covenant agreeing to construct up to 575 additional parking
spaces upon the request of the Village of Oak Brook. Said covenant shall
be in the form and substance acceptable to the Village as approved by its
Village Attorney.
Section 8: That
this Ordinance shall
be
in full force and effect from
and after passage and
approval as provided
by
law.
PASSED THIS 9th day of
January 1990.
Ayes: Trustees Bartecki, Bushy, Payovich, Rush and 1Vinters
Nays: None
Absent: Trustee Maher
Abstain: None
APPROVED THIS 9th
daY of January 1990 , /— Ln
.j
Vil age Presiden
ATTEST:
Village Clerk .
Approved as to Form:
t:
Village Attorney
t
Ordinance S- 681
An Ordinance Granting Variations
and Other Relief Relative to
Parking and Required Yards
at the Oakbrook Center Mall
Page 3
Published
Date Paper
Not Published XX
EXHIBIT A
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of
Section 23, Township 39 North, Range 11 East of the Third Principal Meridian;
excepting from said Lots 3 and 9 those parts thereof dedicated for highway
purposes by instruments recorded on September 8, 1961 as Document R61-21444
and on November 20, 1961 as Document R61-30843; and excepting from said Lots 5
and 7 those parts thereof dedicated for highway purposes by said instrument
recorded as Document R61-30843; and excepting from said Lot 9 that part
thereof included within the First Federal Resubdivision, a resubdivision
recorded May 3, 1978 as Document R78-38235; in DuPage County, Illinois,
containing 5,695,107 square feet (130.7417 acres) more or less. Permanent
Parcel Nos. 06-23-300-022 through 06-23-300-033„ 06-23-300-036, 06-23-300-037
and 06-23-300-040 through 06-23-300-042.