HomeMy WebLinkAboutG-1273 - 06/10/2025 - TEXT AMENDMENT - OrdinancesITEM 8.A.5.
BOARD OF TRUSTEES MEETING
OAK B RQ �K SAMUEL E. DEAN BOARD ROOM
Y//�i.� BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Board of Trustees Regular Meeting
of
June 10, 2025
SUBJECT: Ordinance Amending Title 13 (Zoning Regulations) of the Village Code: Floor
Area Ratio (FAR) Regulations
FROM: Rebecca Von Drasek, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: NIA
RECOMMENDED MOTION: I move that the Village Board approve Ordinance G-1273 with Exhibit
A Option _, an Ordinance Amending Title 13 (Zoning Regulations) of the Village of Oak Brook Code
of Ordinances: Floor Area Ratio (FAR) Regulations
BacUround/Histo
The Village of Oak Brook submitted a petition seeking approval of a text amendment to the Title 13
Zoning Regulations, Chapter 2 of the Village Code to revise Floor Area Ratio (FAR) regulations. This
text amendment originated from public continent and discussion regarding new Zoning regulations
adopted on October 22, 2024.
In October of 2024, the Village adopted FAR into the Residence Districts, FAR requirements already
applied to the Business and Office Districts. The Village's existing definition of "Floor Area for
Determining Floor Area Ratio" includes the basement within the area to be calculated. At the January
14, 2025 meeting of the Village Board, there was a brief discussion regarding inclusion of basement area
within the FAR definition. Regulating FAR is intended to protect the character of Oak Brook
neighborhoods and commercial districts by regulating the bulk of buildings. The Village Board noted
that basements do not generally add bulk to a building's massing and should therefore not be considered
in the calculation.
Village staff at the direction of the Board submitted an application to amend the FAR definition on
February 27, 2025 which proposed removing basements from the Floor Area Ratio.
The Planning & Zoning Commission discussed the proposed revision at their April 2nd and May 7th,
2025 meetings. The P&Z Conuanission made a recommendation separate from the Board's draft. The
P&Z Commission's final recommendation included removing basements from the calculation within the
R-3 and R-4 Districts and modifying the FAR allowance to a ratio of .3 for the R-3 and R-4 Districts.
At the May 27, 2025 Village Board meeting, two different FAR definitions were suggested. Based upon
that feedback, staff drafted two alternate versions for the Board's consideration:
1. Option 1 removes basements from the FAR calculation, unless the basement is a walkout or is
exposed above grade by more than three -feet. If these conditions are met, then 50% of the basement area
would be included within the FAR calculation. Option 1 takes into consideration the P&Z Commission's
discussions on FAR, by noting that the exposed foundations add to the bulk of the structure. It also
provides property owners the option to design the basement which would not add to the bulk of the
structure and therefore not be included within the calculation.
2. Option 2, based upon a recommendation from Trustee Nagle (seconded by Trustee Tiesenga),
considers the removal of a variety of areas from the FAR calculation, consistent with the Building
Owners Managers Association (BOMA) definition of rentable space (RSF). This proposed text would
remove elevator shafts, stairwells, mechanical equipment, hallways, interior balconies, mezzanines, and
enclosed porches from the calculation of FAR. The request to remove these interior spaces from the
FAR is intended to encourage building owners to offer amenities befitting the Village of Oak Brook and
not minimize these features.
Staff recommends that the Village Board consider if one of these options is an appropriate FAR
definition. Staff has included a table of comparable cormmunities' FAR regulations for the Board's
discussion. At the May 27, 2025 Board meeting, comparable communities were referenced. The chart
was updated to include the comparable community codes and highlighted the mention of stairwells,
mechanical rooms, etc.
Ordinance G-1273 has been drafted to incorporate the preferred definition for the Village Code into
Exhibit A, at the selection of the Village Board. The Board should select the appropriate option when
making the motion and articulate the same. Staff recommends Option 1 for consistency with our peer
communities, better overall bulk regulation, and ease of calculations for design professionals and staff
alike.
Recommendation:
Staff recommends that the Village Board approve Ordinance G-1273 with Exhibit A Option 1, an
Ordinance Amending Title 13 (Zoning Regulations) of the Village of Oak Brook Code of Ordinances:
Floor Area Ratio (FAR) Regulations
Attachments:
1. 2025-ZO-TA-G-1273
2. Draft FAR Defintions BOT 6,10.25
3. FAR in IL Communities
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2025-ZO-TA-G-1273
AN ORDINANCE
AMENDING TITLE 13 (ZONING REGULATIONS) OF THE
VILLAGE OF OAK BROOK CODE OF ORDINANCES; FLOOR
AREA RATIO (FAR) REGULATIONS
LAURENCE E. HERMAN, Village President
NETASHA SCARPINITI, Village Clerk
NAVEEN JAIN
MICHAEL MANZO
MELISSA MARTIN
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this 10' day of June 2025
ORDINANCE NO. 2025-ZO-TA-G-1273
AN ORDINANCE
AMENDING TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE OF OAK BROOK CODE
OF ORDINANCES; FLOOR AREA RATIO (FAR) REGULATIONS
WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for
and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain
functions pertaining to its local government and affairs;
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 Ordinances 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, Title 13 (Zoning Regulations) of the Village Code is the Village's Zoning
Ordinance;
WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the "Commission")
held a public hearing after proper notice was published pursuant to State law beginning on April
2nd and May 71h, 2025 to discuss an amendment to the Zoning Ordinance to clarify and correct
certain sections and otherwise recommend modifications to the existing Code as it pertains to the
definition and application of certain Floor Area Ratio requirements for residential zoning districts;
which, after a continuance, the Commission reached a consensus and issued a positive
recommendation for the Village Board to consider;
WHEREAS, after review and deliberation by the Village President and Board of Trustees
(collectively the "Corporate Authorities") of the Commission's recommendation in open meeting,
the Corporate Authorities find it necessary and proper pursuant to its authority provided by the
Illinois Municipal Code to approve an amendment to Title 13, with such modifications as set forth
herein; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that
it is in the best interests of the safety, health, and welfare of residents to amend Title 13 (Zoning
Regulations) of the Village Code, as it relates to the definition and application of residential Floor
Area Ratio requirements, set forth herein.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village
President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois
as follows:
Section One — Recitals
The Corporate Authorities 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 — Amendment to Title 13
2
Title 13 (Zoning Regulations) of the Village Code shall be amended in accordance with
Exhibit A, attached hereto and incorporated herein as if fully set forth in this Section Two.
Section Three — Codification
The title, chapter(s) and section(s) adopted by this Ordinance shall be numbered and placed
in an appropriate title, chapter(s), and sections(s) sections when and during the codification of the
Oak Brook Municipal Code.
Section Four -- Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Section Five - Publication
This Ordinance shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Six — Saving Clause
If any section, paragraph, clause or provision of this Ordinance is declared by a court of law
to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity
of the remaining provisions of the Village's Municipal Code, which are hereby declared to be
separable.
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.
Remainder of page intentionally left blank; roll call to follow
9
Ayes:
Nays. -
Absent:
PASSED THIS 10" day of June 2025.
Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
None
None
APPROVED THIS 1011 day of June 2025.
ATTEST!
C C[�
NETA HA 9CARPINITI,
Village Clerk
L-
LAURENCE E. HERMAN,
Village President
EXHIBIT A
Option 1
FLOOR AREA FOR DETERMINING FLOOR AREA RATIO: The sum of the gross horizontal area
of the several stories measured from the exterior faces of the exterior walls, or from the
center lines of walls separating two (2) buildings. The floor area shall also include the
horizontal areas on each story devoted to: a) elevator shafts and stairwells; b) mechanical
equipment, except that located on roofs whether open or enclosed, i.e., bulkheads, water
tanks, and cooling towers; c) habitable attic space as permitted by the building code of the
Village; d) interior balconies and mezzanines; e) enclosed porches; and f) accessory uses.
Basements shall be excluded from the floor area calculation, provided the basement
ceilings are less than 3 feet above grade. For structures with a walkout basement or a
basement ceiling more than 3 feet above grade, 50% of the basement's floor area shall be
included in the total floor area ratio.
For Office and Business Districts, the horizontal area in every story of a building devoted to
enclosed off-street parking and off-street loading facilities shall not be included in the floor
area.
Option 2
FLOOR AREA FOR DETERMINING FLOOR AREA RATIO: The sum of the gross horizontal area
of the several stories int4ttdi-rtg excluding the basement of a building, measured from the
exterior faces of the exterior walls, or from the center lines of walls separating two (2)
buildings.
The floor area shall _n include the horizontal areas on each story devoted to: (a) _elevator
shafts and stairwells; (b) mechanical equipment; (c) hallways; (d) interior balconies and
mezzanines; and (e) enclosed porches.
The floor area shalt include the horizontal areas on each story devoted to (a) habitable attic
space as permitted by the building code of the Village; and (b) accessory uses. For Office
and Business Districts, the horizontal area in every story of a building devoted to enclosed
off-street parking and off-street loading facilities shall not be included in the floor area.
FAR in Illinois Municipalities
FAR used In
Stairwells,
Residential
Basement included
Mechanical, Shafts
Parameters for bulk control In
Municipality
Districts
in FAR definition
included in FAR
FAR Definition
Floor Area determination for FAR
Residential districts
Gut—
NO
NIA
N/A
FAR was removedin 2015.Maximum
Impervious Surface Ratio, Maximum Building
Height, Maximum Building Cauerage,and
NIA
NIA
setbacks are used.
Floora rear gross (orfloor area) (forallpurposes except determining off-street pa rking requirements). The was of the gross hommmal
areas offal floors of a budding or of such area thereof devoted to a specific use, measured from the extedo rface of extenorwalls or
from the cemedlne of walls separating two buildings or uses. Gross floor area shall include areas such as basements and exposed
basementsfor buildings othcrthon single-family dwellings, and forsingte-famity dwellings shag include 50 percent ofthe entire
press floor area of an exposed basement (but not otherbasement area). elevemrshahs and stsiorella at each floor, floor spaces
long Grove
NO
YES
YES
and shafts used to r mechenlcal. electrical. and plumbing equipment; penthouses; attic floors in habitable attic spaces; interior
balconies and mezranines; atria; covered walkways orterraces: enclosed porches andfloorspace used foraccessoryuses. Gross
floor area shall also mcEude floor a rea devoted to parking garages and structures, but mat parking Ints, wham any space has a floor
to cel0ng height of morethan 16 feet, each 16 feet of height orfraction thereof shall beireated as a separate floor. (The Village
Manager orthe Managersdesigneemaypmpareform time totime illustrations oraramples egattlingibecaloutalion ofexposed
The gross floor area ofa buildingdMdedbythetotal
basements fo rpurpmes of gross floorarea: such llhrsteallons orexamples are intended to be aids for adminmeringthe grass floor
Maximum impervious surface coverage and
lotama ofthe zoning lot on which his located.
area regulations and do not abertheterms ofthis Code.)
Setbacks is used. FAR rat used.
Vernon Hills
YES
NO
NIA
The floor area ofthe building or buildings onthe zoning
lot, divided bythearae afthe toning lot orin the case of
Floor area: The total square footage within theoutside lineal walls. and includes the total of all space on atlfleors, of a building. it
planned unit development divided bythe groassite area,
sheLlnotinclude porches.geopgos,or spacain a basement orcellarexceptwhendetermining theoccupam load andthe number
exclusive of dedicated streets,
of required off-stnew parking spaces.
Building height. setbacks and FAR Is used.
FLOOR AREA. GROSS. Thesumofthe gross horizontal a reasof thefloor(s) ofall buildings andlorstmcorres one lot, measured in
square feetfrom the exteriorface of extedorwalls of each such building or structure. Unless otherwise specified In Section E.1 C,
the gross floor a met of a lot shall include thefaltowing:
I. accesserybuildingfloor space;
2. atria;
3, attic floor space:
Lot coverage (including impervious surface),
4. besemem end armA space flaar,
setbacks. buildingheight is used.
5. hay overhangs;
Basements Included up to 0.50 FAR.
S. breezeways or covered walkways attached to a primary structure, whetheropen or enctosed
Basanants shall nor be Included inthe gross
Barrington
YES up to 0.50 FAR
YES
YES
cra combinatlonofboth:
ffocrarea, provMedthehel@nttothe
7. elevator shahs at each floor,
underside of the ceflingioist Isfour (4) feet or
S. garages. attached;
less above grade. The gross Roo r area for
S. mezzanines;
basemems havinga heighten the underside of
Chapter 2 - Page 16
the ceiling joists of greiterthan four (4) feet
10. decks and steps, having a floor area exceeding 2.5% of the area of a lot andler havinga floor
above grade at the highest point shall be
elevation of 30 inches or greaterehove grade;
omputed on a prorated baste as faflows:
11, parking structures:
a. Greater than 4 feet above grade to 7 feet
The total floorarea of all buildings oratructums on aLot
12.po,ches, whetharoper, or enclosed or a combina8onofbath:
above grade: 025 a basementfloararea
divided "a
13. shafts used for mechanical, electrical and plumbing equipment;
b. Greaterihan 71cet above grade: 0.50 x
total lot a rea of the site.
14. smlrwe05 at each floor,
basersentfloor a rea
FAR in Illinois Municipalities
FAR used in
Stairwells,
Residential
Basement Included
Mechanlcal,5hatts
Parameters for bulk control in
Municipality
Districts
in FAR definition
included in FAR
FAR Definition
Floor Area determination for FAR
Residential districts
YES
Thefloor a rea of a building Is measured as the sum ofthe gross horizontal a rea s of all floo rs of the subject building, measured from
Downers Grove
hC
YES
Stairwells and Elevator
the imencr faces ofthe exteriorwatts orfrom imeriorfaces afwalls between separate buildings."Floora rea" Includes basement
Setbacks. maximum building coverage{%of
shafts
Thefloor area ratio(FARl of a building is thefloor area of
and cetlarfincr amps;alavato. shafts and strtiiwells at each Roar, penthouse; attic space havring headroom of seven feettea
tot- p dnapal s accessory). building helgrtis
the buildingdivided ley the area ofthe lot upon whichihe
inehesf7'10"jormore; imerie rhalconies and mezzanines; enclosed porches; and floe races devoted toaccessiry uses. Space
used. FAR used onlyfur R-8endnon-
building is iacated.
devoted to oil -street paddng or loading is not included in floor area calculations,
resldennat.
k
"Flaora rea ratio (FAR)' means thefloor ama lthe
"Floor area"(fordeterminingfloor area ratio) means the sum afthegross horizontal area of the several floors of the building
building or buildings on a zeninglot divided by the a rea of
messuredfmartheexteriorwalis or from the centerline of walls sepamtingtwohulldiap.The"Roora rea"d a building shall include
such zoning [at, or. in the case of planned developments,
basement floor area, etervatordhaRs, erdatalnedis on eechfloor. floor spaceused formacharical equipment {except equipment.
Elmhurst
NO
YES
YES
by thenet site neat. The "floorarea ratio
openorencloaedlacated ontheroof),pembouses, attic space having headroomofseven feet ormore, imeriorbelconies and
requirements —as set forth under each zoning
meuanldes,enCbsedporches, andfloorarea devoted to aaessary uses. However, any space devoted to off-street pa rkingor
dkstdct--shall detemtinethe maximum floor area
loading shall nor be Included ln'Y[oorarea:'
a Ilowable fo rthe building or buildings (total floo raw of
both principal and at—giary bui[dings1 in direct ratioto
The "floor a rea" of structures devoted to bulk storage of materials including, butnotlimitedto, grainelevatorsondpatraleum Storage
Setbacks. maximum lot coverage, building
the gross area ofthe zoning tot.
tanksshalt be determined onthe basis of height in fear: Le., ten 110) feet In height shall Covet ona-floo,
height is used. FAR not used.
FloorArea, Gross {For DetemnningiloorAren Ratio In Singte•Famlty Residential Districts): Except ashereinafterprcAded. the sum
of the grosshorizontalaress of atlfloors of all storiesand partial stories of a building, orof such area devoted to a specficuse,
measured from the axteriorface of exteriorwags or from the cemedine of walls separailerg two (2) buildings oruses. Gross flao raw
shalt include:
A. Fifty perum(50%)of atlfloorarealocatedln a basement. exceptas provided in subsection 2(d) ofthis deflreAlom
B. One hundred percent (100%) of all floor area located on any reveal, other then a basement, that Is courted as a story ora halt
story; provided, however , that:
1. When any portion of a story orhaff story has no floorabove, hand has a ceiling height ofseven feet(7'l ormore over an area
that is twenty percent 12D%l arlessihon the portion ofihe storyorhalf story immediately belowsuch portion it shall be excluded
before any calculation of gross floor a rea pursuant to this subsection B; and
2. When any pardon of a staryorhalt storyhas no llaorabove It and has a ceiling height ofseven feet(7') ormoreaver an area
that is less than one-half (112). but more than twenty pefcent 120%), of the portion of the story or half story immediately below such
portion. then only fifty percent 150%) of the floor area of such portion that has a ceiling height of seven feet (7) ormore shall be
included: and
3. When any portion of a storyorhaif story has no floorabove hand has a ceiling height o£seven feet(7') or more over an area
Hinsdale
YES
YES up 1059%
YES
thatis equalto orgmater than one-half(L2)ofthe portion ofthe story or hatfstaryfmmediatety belowsuch portion, then one
hundred percent (100%) ofthefloor area of such pordonthat has a telling height of seven feet (71) ormore shartbe included: and
4. Fora single -fatuity, detached dwediregin die R-1,R-2.R-3 arR-4 district constructed prior to January 1, 1930: a) thefloor area
of the upperrost Iwel ofthat dwelling, ifthat dwellinghastwo (21 fun sto des below the uppermost level. shag be excluded before
any calculation of gross floor area pursuant to this subsection Band bj the floor a rea of the basement of that dwelling also shall be
extruded before any calculation of grassfloor area pursuant to this subsection B. provided. however- that such basement floor and
shall not be excluded Ifthat 1loorarea Is apart of any alteration or enlargement of that dwelling at any time after March 1, 2006.
which alteration orenta rgement changes the elevation of any portion of the first story of that dwelling; and
C. One hundred percent (100%) of all exterior area that is surrounded on eighty five percent (85%) ormore of fts penmeterby the
walls of arty structure.
Floor Area Ratio (FAR): The gross floor a rea of a building
For purposes of measu ring grossfacr a rea, all ofthefottowing shall, without limitation, be included:
divided bythe total lot area ofthe zoning lot on which it is
A. Elavatorshafta and stalreb ateach floor,
located. For planned developments, the FAR shall be
S. floor apacea and shafts, not Including roof space, used for mechanical. elect rical. and plumbing equipment:
Maximum buildingcoverage, maximum total
determined by dividingthe grossfloorarea ofallprincipal
C. Penthouses;
accessory uses{%1. maximum lot coverage,
burldingslaylheretareaefthestte.
D. Interior balconies and menanlnea;
sethacks and FAR is used.
FAR in Illinois Municipalities
FAR used in
Stairwells,
Residential
Basement Included
Mechanical ,Shafts i
Parameters for bulk control In
Municipality
districts
in FAR definition
included in FAR
FAR Definition
Floor Area determination for FAR
Residential districts
Floor a roe ratio {FAR) is the floorarea of the building of
buildings on a zoning lot divided bythea rea of such
Roora rea (for determining floor a rea ratio and size ofestablishmem) is the sum ofthegross horizontal area of the severalflaom of
zoningtat or, in the caseof planned developments. by
thebuflding measured from the extew rfaceof the etteriorwalts orfmm the center Line of walls saps rating two buildings.The"floor
Lombard
NO
YES
NIA
the net site area.The"floorarea ratio"requirements—As
area" are building shelf Include basememfleeranea(butnot the ceLLarfoor} attic space having head room of seven feet or more,
setforth under each zoning district --Shall determine the
and floorarea devoted to accessary uses. Thefloor area of fully enclosed accessory buildings, including parking structures, shag be
maximum floorarea allowable for thebuildingor
included in the calculation of Hoof area ratio. However, any specedemted to open off-street parking or loading shallnot be included
buildings(totalfloor area ofboth p rinc}petand accessory
in "floor area." The "noore me" ofstmctures devoted to bulk storage ofmaterials including but not limited to, grain deviators and
Setbacks, building height. minimum required
buildings) in direct ratio tothegross area of thezoninglot
petroleum storage tanks, shallbe detemnined on thebasis ofheight in feet; i.e.,ten featin height shall equal one floon
open space is used. FAR not used.
Floor Area: The sum of the gross horizontal areas of the several floors of a building or structure measured from the extenor£aces of
The numerical value obtained by dlvidingthefloors rea
the exterior walls orfrom the centerline ofwags separating two buildings orstruclures. The "floor area" of a bulldingar structure
within a buildingorsimictureon a lot by the area of such
shaRlncluderlamement floor area, atoxatorshahs, stelrwaUs. floorspaco used for maeharleatequipment(except equipment
Naperville
NO
YES
YE
lot The Roorasea ratio, as specified for each zoning
open orendosed located on the roof), pemhauses, attic space having headroom ofseven(7)feet or more, interior balconiesand
district. when multiplied by the area ofthe lot in square
mezzanines, enclosed porches, floe rams devoted to accessory uses, accessory storage areas located within selling or working
feel. shall detemninethemaximum permissible floor area
specesuchascovmers. racks orelesets, and spaeedevored to retainingaettvhfes,to theproduction orprooesstng of goods. or -to
Setbacksand height used in Residential
for thebuitding or structure on the lot.
businessor professional offices.
districts. FAR not used
FLOOR AREA, GROSS (F'or Determining floor Area Ratlo):
The sum ofihe gross horizomalarea of theseveralfloors
of a building measured from the exmriorfaces of the
Schaumburg
YES
YES
YES
exterior. Thefloora rea of a building shall also inctude:
(A)Elevater shahs and stabrwalis:l6)MaefraMu!
equipmemtmless located on the roof. eitherapenor
enclosed:IC)Attic space having headroom of seven feet
FLOOR AREA. GROSS ;ForDetemnining Single -Family Detached Residential FloorArea Ratio): The sumofthe nethodzomaE floor
six inches(TS")ormare;(D)Interiorbalconies and
a— of the sexeratfloors ofthe dwelingunit. Including attachedidelached ga rages. as mwev red from *a exieriorioc*S tflhe
mezzanines;(E)Enctesad porches;(Fllntedorelfstreet
exterior walla. The net floor area(NFA) ofa single-family detached homeahalt net Include:
Maximum lot coverege, setbacks, building
pa rkingand loadingsreas; and{G)Outdoordisplay areas.
(AlArdc space.(E)gasements.iC}Accessory structures (with the exception of detached garages=r
height and FAR is used.
Abstain: 0 None
Absent: 0 None
Motion Passed
Ordinance G-1272, An Ordinance Amending Ordinance Number 2024-ZO-TA-G- 126 1, As it
Relates to the Effective Date of the Amendments to Title 13 Provided Therein
Development Services Director Von Drasek reviewed the discussion from the Board of Trustees
Meeting of May 27, 2025 and presented the Board with the option to allow property owners who
engaged in the design of their homes prior to the adoption of the new regulations in October 2024,
eighteen (18) months from that date to submit application for building permits thereby allowing the
owners to utilize regulations prior to the October passage. The cut-off date will be in April 2026.
President Herman stated that to the best of his knowledge, this relief will affect about 5 homes in
total. Development Services Director Von Drasek stated there were actually 6 homes in total.
MOTION: To Approve Ordinance G-1272, An Ordinance Amending Ordinance Number 2024-ZO-
TA-G- 126 1, As it Relates to the Effective Date of the Amendments to Title 13 Provided Therein
Motioned: Trustee Manzo
Seconded: Trustee Reddy
ROLL CALL VOTE:
Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 0 None
Motion Passed
5 Ordinance G-1273, An Ordinance Amending Title 13 (Zoning Regulations) of the Village of Oak
Brook Code of Ordinances: Floor Area Ratio (FAR) Regulations
President Herman discussed the Ordinance G-1273 amending the zoning regulations in the Village
addressing the calculations of the Floor Area Ratio (FAR). He provided a brief recap of the
discussion at the last Board Meeting and stated that the previous Ordinance inadvertently included
basements in the FAR, affecting homeowners' ability to build within the set limits of a 40% FAR, a
37% lot coverage ratio, and a 20% principal coverage ratio. He explained that the intent was to allow
for two-story homes with a 20% footprint per floor, totaling 40%. However, including basements in
the FAR calculation was not initially considered because it does not impact the visible bulk of the
house from the street. President Herman mentioned that Trustee Nagle raised additional concerns
regarding the definition of FAR for residential and commercial properties.. He spoke about
modifying the definition to exclude areas such as stairways and mechanical rooms from calculations.
President Herman stated that Development Services Director Von Drasek prepared two alternative
options for the Board to consider and asked for a motion on the first option, which excludes
basements from the FAR definition with the exception of the partially exposed basements.
Trustee Tiesenga recalled past attempts to amend the zoning code initially beginning in 2015 and
commended President Herman for streamlining the process, resulting in a successful overhaul of the
zoning regulations with significant contributions from the Planning and Zoning Commission. He
supported option one for revising the Residential Floor Area Ratio definition, suggesting further
discussion of the rules surrounding commercial buildings, and advocating for a unified definition for
both residential and commercial spaces.
Trustee Manzo spoke in opposition to option two, explaining that it goes directly against the Village
Board of Trustees Minutes Page 7 of I 1 Regular Meeting of ,tune 10, 2025
standards of allowing larger buildings on smaller lots. He expressed his support for option one in
excluding basements from the FAR calculations.
Trustee Jain shared his support for option one also and asked Development Services Director Von
Drasek to educate everyone on the complexities surrounding the zoning regulations for commercial
versus residential buildings.
Development Services Director Von Drasek explained that the FAR is calculated exactly the same
way for both the commercial and residential buildings; however, the calculations vary across
different commercial districts.
President Herman said that the implementation of the FAR limits for residential buildings was
established a few months ago by the Planning & Zoning Commission after extensive deliberations
during several meetings. He explained that the limits were established to address complaints about
the surprising number of outliers in residential construction attributed to the lack of clear guidelines.
Since then, feedback has been mixed and he stated that if needed, the issues can be sent back to the
Planning & Zoning Commission for further deliberations.
Trustee Nagle supported the idea of revisiting additional discussion regarding zoning regulations,
and addressing concerns raised by an anonymous person that created and distributed flyers
throughout York Woods Subdivision. He clarified that proposed changes to commercial building
regulations to exclude calculations of elevator shafts and mechanical rooms will not significantly
impact the overall structure. He also expressed support of option one.
MOTION: To Approve Ordinance G-1273, An Ordinance Amending Title 13 (Zoning Regulations;
of the Village of Oak Brook Code of Ordinances: Floor Area Ratio (FAR) Regulations
Motioned: Trustee Reddy
Seconded: Trustee Manzo
ROLL CALL VOTE:
Ayes:
6
Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays:
0
None
Abstain:
0
None
Absent:
0
None
Motion Passed
6. Ordinance S-1729, An Ordinance Granting a Variation from Provisions of Section 13-6.D3.0 of the
Title 13 (Zoning Regulations) of the Village of Oak Brook Relative to the Permitted Floor Area
Ratio for the Property Located at 23 Concord Drive, in the Village of Oak Brook, Illinois
President Herman stated that after the previous vote this regulation was no longer relevant because
the Ordinance granting relief to homeowners who engaged in home design prior to the October 2024
rule change are not affected. However, because the item is listed on the Agenda, he recommended a
proper vote.
MOTION: To Approve Ordinance S-1729, An Ordinance Granting a Variation from Provisions of
Section 13-6.D3.0 of the Title 13 (Zoning Regulations) of the Village of Oak Brook Relative to the
Permitted Floor Area Ratio for the Property Located at 23 Concord Drive, in the Village of Oak
Brook, Illinois
Motioned: Trustee Manzo
Seconded: Trustee Reddy
Board of Trustees Minutes Page 8 of l I Regular Meeting of June 10, 2025
12. DuPage Convention & Visitor Bureau - 1 st Quarter 2025 - 25% of 1% - $24,707.49
13. Alex Meneges - Bond Refund for Property at 1017 Birchwood Road - $27,674.00
14. Chicagoland Pool Management - June I st Payment on Pool Management Contract - $51,582.00
15. Du -Comm - Police Department Quarterly Shares May 1, 2025 - July 31, 2025 - $137,224.75
16. DuPage Water Commission - Water Consumption - April 2025 - $334,872.54
17. Intergovernmental Risk Management Agency - April 2025 Deductible - $43,291.24
18. Trotter and Associates, Inc. - Water System Disinfection Modernization - $24,725.00
19. Enterprise FM Trust - Vehicle Leases - May 2025 - $43,191.86
20. Performance Delivery, Inc. d.b.a. Cover The Tees - Golf Driving Range Construction Project -
$ l 59,340.20
B. Approval of Payroll Paydate: May 01, 2025 - $946,191.12
May 15, 2025 - $954,574.81
C. Village of Oak Brook — Monthly Financial Reports
D. Authorization to Pay Bills For the Second Meeting in June, July and August
E. Public Works Week Proclamation
F. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1. RFP for Public Relations & Social Media Services
MOTION: Motion to Approve the Consent Agenda and Authorize the expenditures as Presented.
Motioned: Trustee Manzo
Seconded: Trustee Nagle
ROLL CALL VOTE:
Ayes: 5 Trustees Jain, Manzo, Martin, Nagle, Tiesenga
Nays: 0 None
Abstain: 0 None
Absent: 1 Trustee Reddy
Motion Passed
7. ITEMS REMOVED FROM CONSENT AGENDA
None
0 "BOARDS AND COMMISSION RECOMMENDATION
A VOB - Text Amendment - Floor Area Ratio (FAR) Definition - Zoning Regulations
President Herman provided an overview of the item, pointing out house size in relation to the lot
size, a review of current zoning regulations and the creation of new zoning regulations to address
community concerns. He noted that those regulations included considerations of the ratio of the
principal lot coverage, past limits of house footprint to 20% of the lot, a floor area ratio (FAR)
limiting total interior space to 40% of the lot, and an overall lot coverage cap of 37% including the
Board of Trustees Minutes Page 4 of 14 Regular Meeting of May 27, 2025
accessory structures such as a pool or tennis courts. He mentioned the regulation requiring that a
minimum of 50% of a house's exterior be stone or brick to maintain appearance standards. After
implementing these rules, it was discovered that the original zoning code included basements in the
FAR, which conflicted with the intended regulation. As a result, the issue was sent back to the
Planning and Zoning Commission (P&Z) for further review, focusing on whether basements should
be excluded from the FAR calculation, leading to extensive deliberations.
Development Services Director Von Drasek stated that the Village's Planning and Zoning
Commission recommended a FAR of .3 with 50% for R3 and R4 districts, to include basements in
the calculation. She said that the P&Z Commission was seeking direction to finalize the FAR
definition and whether to extend time for residents working with designers before regulations were
approved in October.
President Herman summarized the P&Z Commission deliberations regarding whether to modify the
definition of the floor area ratio to include basements for residential purposes. The P&Z
Commission decided that basements should be excluded but voted to lower the recommended ratio
from 0.4 to 0.3, specifically for the R3 and R4 districts. These areas include older subdivisions with
non -conforming lot sizes. He expressed disagreement with the decision to lower the floor area ratio
and to have different ratios for different districts. He then opened the floor to the Trustees for
discussion.
Trustee Jain articulated his opposition to having a 50% brick rule, arguing that the brick requirement
stifles creativity and innovation. He expressed concerns about not consulting real estate experts and
builders, and highlighted the difficulties with handling issues through variances, suggesting that a
more thoughtful approach was needed moving forward. Trustee Jain stated going from 40% to 30%
ratio and having the 50% brick regulations do not make sense and should be rethought.
President Herman clarified that members of the public raised issues with items not related to this
topic that were passed by the Board in the past and reminded everyone that the current discussion is
regarding the FAR rule only. He noted that the board would discuss the possibility to grandfather
projects that were submitted prior to the rule change and additional parameters that need
consideration could be sent back to the Planning and Zoning Commission for further deliberations
and recommendations. He asked that the discussion be limited to the definition of the floor area ratio
and that the P&Z Commission recommendation not include the basements for the residential area
and to lower the ratio from .4 to .3.
Trustee Manzo added that the inclusion of changes within the discussion regarding the basements in
the Floor Area Ratio (FAR) calculations was not a recent change and referred to regulations dating
back to 1958. He stated that full underground basements should not be included in the FAR
calculations, suggesting that walkout basements in other communities only include 50% of the
calculation. He emphasized the need for a consistent set of rules across all zones and opposed
lowering the FAR ratio calculation. Trustee Manzo explained that part of the problem is that some of
the homes are built too large for their lots and in the past, many were approved without the Board's
initial review, leading to resident complaints. He suggested that an expedited variance process
should be considered for homeowners caught in the regulation changes.
Trustee Martin asked if the current variance issues were under scrutiny due to people being in the
process of approval while the changes took place or will this continue to pose an issue if developers
know the problems that they will face under the current rules in obtaining the variance.
Development Services Director Von Drasek explained that with by merging the Planning
Commission and Zoning Board of Appeals, there was an attempt to streamline the processes.
However, a variation is still a specific action that requests relief from the Board and must by statute
meet certain standards and that the Planning and Zoning Commission offers judgment as to whether
Board of Trustees Minutes Page 5 of 14 Regular Meeting of May 27, 2025
the standards have been met when they make those recommendations to the Board of Trustees.
President Herman echoed comments made by Development Services Director Von Drasek, adding
his reluctance to solve the issue of expediting these variances on a case -by -case basis with
expectations based on hardship as outlined in the Village Code, adding that it would be challenging
to consider a `rule change' a hardship. He noted that discussion regarding applicants caught in the
middle of the rule change will follow.
Trustee Nagle expressed agreement with Trustee Manzo's comments emphasizing the need for clear
definitions of what should be included in the Floor Area Ratio (FAR) and Floor Area Coverage
(FARO) to avoid confusion. He highlighted issues arising with areas that include mechanical rooms,
utility closets, and hallways, generally excluded from FAR calculations in many other towns but are
included in the Village's calculations. He stated that inclusion of such systems could lead to
complications and safety concerns. Trustee Nagle pointed out the importance of staying consistent
with other communities, explaining that most communities exclude the mechanical system spaces
because they don't contribute to occupancy or usable space. He stressed the need for a unified
definition to ensure safety and consistency in building regulations throughout all zones. He stated
that the definition for establishing FAR in commercial and residential districts as written, has the
same wording in the Village Code.
President Herman reminded Trustee Nagle that the current discussion and motion on the table was to
define the Floor Area Ratio in the residential zones and that discussions regarding the FAR in the
commercial districts can take place at a future meeting.
Development Services Director Von Drasek stated that the current definitions in the Village Code
were different for residential districts and commercial districts. She said that the Village uses the
International Building Code for the commercial properties and the residential code for residential
properties. She agreed with Trustee Nagle's comment, stating that the definition within the zoning
ordinance for floor area ratio has a caveat for business and office districts, but they are all the same
definition.
Further discussion took place regarding the definition of including and excluding basements,
mechanical rooms and commercial and residential buildings between Trustee Nagle, President
Herman and Development Services Director Von Drasek resulting in Trustee Nagle making an
amended motion to exclude mechanical rooms and have one consistent set of definitions for every
type of real estate in the Village.
Trustee Tiesenga seconded Trustee Nagle's modified motion.
Village Manager Summers clarified that the P&Z Commission recommendation was to carve out the
definition for all residential districts and separate from commercial districts. He added that there has
not been a proposal to carve out basements from the commercial district or to modify the mechanical
hallways noting that all those areas were currently included. He suggested that one way to took at
the issue was to decipher whether the spaces in question add to density or bulk. He pointed out that
if the spaces are located above ground they add bulk and while the basement areas add bulk they do
not add density if they are not usable space. The fundamental question was to determine if the Board
was attempting to regulate bulk or density.
Development Services Director Von Drasek mentioned that the carve out could include the
commercial districts as well. She confirmed that the definition of floor area ratio currently includes
the basement. The direction was to exclude the basements noting that floor area ratio and bulk
overall once under ground would not add to the floor area of a building. She added that within the
FAR definition for office and business districts, the horizontal area in every story of a building
devoted to enclosed off-street parking and off-street loading facilities shall not be included in the
floor area, and the separation of the two would be acceptable.
Board of Trustees Minutes Page 6 of 14 Regular Meeting of May 27, 2025
Trustee Nagle attempted to clarify the fact that the presented vote was to have one set of FAR
definitions for the Commercial and Residential zones.
Trustee Manzo stated that the vote at this meeting was to provide Development Services Director
Von Drasek and the P&Z Commission with direction moving forward with drafting the definition or
definitions for residential and commercial areas as it relates to calculation of the basements. He
requested that data from neighboring communities be gathered.
Consensus was reached among the Board members to withdraw Trustee Nagle's amended motion
and to consider the original motion to draft a FAR definition encompassing provisions to grandfather
those that were caught in cross -fire of regulatory changes, adjustment of the capped size to 40%, for
the definition to be consistent across all zones and to be included in the text amendment presented at
the next Board meeting for approval.
B. 23 Concord Drive — Floor Area Ratio (FAR) Setback Variation
Development Services Director Von Drasek presented the item asking the Board to provide the
applicant an opportunity to speak on his proposed home considering that the homeowner submitted
the application prior to Planning & Zoning Commission's deliberations.
President Herman stated that based on the discussions of the previous Agenda item, the applicant
would qualify for the variation and suggested that it might be wise to table the item until the next
meeting if the applicant is willing to wait until the Board makes a final decision and votes on the
FAR definition. He invited the applicant to speak.
Mr. Pete Baftiri introduced himself and explained that as the owner of 23 Concord Drive and A&E
Luxury Builders, Inc., he has built many luxury homes within the Village over the years. He stated
that after taking the Board's comments into consideration, he would prefer that the Board vote
tonight on the variation for the sake of time and the fact that the home currently meets all other
requirements except for the undecided FAR coverage and is ready to be built exactly as presented.
President Herman agreed that the applicant had the right to have the variation deliberated and based
on the memo included in the Agenda packet and the current definition of FAR, the home would be
within permissible limits.
Motion: To Overrule the Denial From Planning & Zoning Commission and Allow the Request for
Variation from Sections 13.6-D3.0 of the Zoning Regulations to Allow the Proposed Principal
Structure at 23 Concord Dr. as the Commission
Motioned: Trustee Manzo
Seconded: Trustee Nagle
ROLL CALL VOTE:
Ayes: 5 Trustees Jain, Manzo, Martin, Nagle, Tiesenga
Nays: 0 None
Abstain: 0
Absent: 1
Motion Passed
9. ACTIVE BUSINESS
None
Trustee Reddy
A. Ordinances & Resolutions
Board of Trustees Minutes Page 7 of 14 Regular Meeting of May 27, 2025