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G-557 - 07/25/1995 - ZONING - Ordinances ORDINANCE 95-ZO-TA-G-557 AN ORDINANCE AMENDING SECTION X(B) (4) AND X(B) (5) OF THE ORA-1 OFFICE RESEARCH ASSEMBLY DISTRICT, SECTION X(C) (3) AND SECTION X(C) (4) OF THE ORA-2 OFFICE RESEARCH ASSEMBLY DISTRICT, AND SECTIONS V(B), V(F) AND V(K) OF THE VILLAGE OF OAK BROOK ZONING ORDINANCE WHEREAS, an application has been filed requesting amendments to Section X(B) (4) , Section X(B) (5) , Section X(C) (3) , Section X(C) (4), Section V(B) , Section V(F) and Section V(K) of the Village of Oak Brook Zoning Ordinance; WHEREAS, the Plan Commission has reviewed the request and has unanimously recommended the approval of the zoning text amendments; WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request pursuant to due and appropriate legal notice, and has unanimously recommended approval of the zoning text amendments; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the requested text amendment as set forth below to be in the best interest of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE ;11D COOK COUNTIES, ILLINOIS, as follows: Section 1: That the provis'_czs of the above preamble are hereby adopted as though fully set forth herein. Section 2: That Section X(B) (4) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: (4) Structure Height: Not more than five (5) stories or 76 feet, whichever is less. Section 3: That Section X(B) (5) of the Village of Oak Brook Zoning Ordinance be and is hereby amended by adding the following Subparagraph X(B)•(5) (d) : (d) Notwithstanding anything contained in this Zoning Ordinance to the contrary, including without limitation Section V(Q) , any yard which ,l. 1 Ordinance 95-ZO-TA-G-5S7 Zoning Text Amendments to ORA-1 and ORA-2 Districts, Page 2 is 100 feet in depth and which is adjacent in its entirety to a Conservation/Recreation District boundary shall satisfy the applicable yard requirement. Section 4: That Section X(C) (3) of the Village of Oak Brook Zoning Ordinance be and is hereby amended to read as follows: (3) Floor Area Ratio: Not to exceed 1.2 for office uses, financial uses, and accessory uses thereto; 0.8 for other uses permitted in the ORA-1 District; and 0.3 for uses as permitted in the B-2 Regional Shopping District. Section 5: That Section X(C) (4) of the Village of Oak Brook Zoning Ordinance be and is hereby amended to read as follows: (4) Structure Height: Not more than twelve stories or 174 feet, whichever is less. Section 6: That Section V(S) of the Village of Oak Brook Zoning Ordinance be and is hereby amended by adding a new Section V(B) (6) stating: (6) Notwithstanding anything contained in this Zoning Ordinance to the contrary, in the event at any time subsequent to January 1, 1995 private property is dedicated or conveyed to a governmental entity or condemned by a governmental entity (including without limitation the Illinois State Toll Highway Authority) for the purpose of widening the public right-of-way or providing public roadway infrastructure (including, without limitation, right-of-way for roadway entry or exit ramps) , the calculation of floor area ratio shall at all times include within the measurement of the area of the lot in cuestion the area so dedicated, conveyed or condemned, provided that not more than twenty percent (20%) of the lot has been so dedicated, conveyed or condemned, and provided further that a site plan generally accommodating such a dedication, conveyance, or condemnation has been reviewed and approved by the Village Board of Trustees. Section 7: That Section V(F) of the Village of Oak Brook Zoning Ordinance be and is hereby amended by adding the following language as a second paragraph: Notwithstanding anything contained in this Zoning Ordinance to the contrary, in the event at any time subsequent to January 1, 1995, private property is dedicated or conveyed 1 1 � Ordinance 95-ZO-TA-G-557 Zoning Text Amendments to ORA-1 and ORA-2 Districts, Page 3 to a governmental entity or condemned by a governmental entity (.including without limitation the Illinois State Toll Highway Authority) for the purpose of widening the public. right-of-way or providing public roadway infrastructure (including, without limitation, right-of-way for roadway entry or exit ramps) , the calculation of minimum setbacks and minimum required yards shall at all times be measured from the street line which existed prior to such dedication, conveyance or condemnation, provided that not more than twenty percent (20%) of the lot has been so dedicated, conveyed or condemned, and provided that any newly constructed buildings establish minimum setbacks and minimum required yards on the affected lot (as measured from the new lot line created as a result of said dedication, conveyance, or condemnation) which, at a minimum, equal at least 50% of the minimum setback and minimum required yard which would be required in the absence of this condemnation mitigation provision, and provided further that a site plan generally accommodating such a dedication, conveyance or condemnation has been reviewed and approved by the Village Board of Trustees. Section 8: That Section V(K) of the Village of Oak Brook Zoning Ordinance be and is hereby amended by adding the following language at the end of this Section: provided, however, that an elevator housing enclosure for the purpose of prcviding a single elevator access to the penthouse level rot to exceed 325 sq. ft. in area may be erected tc heights which do not exceed by more than 22 feet the heicht limits of the district in which it is located. Section 9: That this Ordinance shall be in full force and effect from and after passage, approval and publication as required by law. Section 10: That the Villac=_ Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. PASSED THIS 25th day of July , 1995. Ayes: Trustees Bartecki, Kenny, `icInerney, Payovich, Savino and Shumate Nays: None Absent: None Abstain: None Ordinance 95-ZO-TA-G-557 Zoning Text Amendments to ORA-1 and ORA-2 Districts, Page 4 ' APPROVED THIS 25th day of July , 1995. V lage President ATTEST: Village Cle � Approved as to Form: Village Attorney Published 7-26-95 Pamphlet fore Date Paper Not Published mcta.ord