G-559 - 07/25/1995 - ZONING - Ordinances ORDINANCE 95-BI-BP-G-559
AN ORDINANCE ENABLING THE VILLAGE OF OAK BROOK
TO ENTER INTO TRAFFIC INFRASTRUCTURE AGREEMENTS
PURSUANT TO
ILLINOIS MUNICIPAL CODE SECTION 65 ILCS 5/9-5-1
WHEREAS, on July 25 , 1995, the Village of Oak Brook (the "Village")
passed and approved certain zoning text amendments relating to building
heights and floor area ratios in ORA-1 and ORA-2 districts by means of
Ordinance 95-ZO-TA-G-557 specifically increasing the maximum Floor Area Ratio
in ORA-2 zoning districts from .8 to 1.2 for certain uses, increasing the
maximum permitted structure height in ORA-2 zoning districts from 8 stories to
12 stories (not to exceed 174 feet) , and increasing the maximum structure
permitted height in ORA-1 zoning districts from 35 feet to 76 feet (the "ORA-1
and ORA-2 FAR and Height Text Amendments") ; and
WHEREAS, the State of Illinois Municipal Code Section 65 ILCS 5/9-5-1
entitled "Reimbursement of Subdivider for Facilities, Roadways or Improvements
Beneficial to Public" authorizes municipalities to (i) condition the issuance
of building permits on the construction or installation of certain public
infrastructure, including without limitation roadways, traffic signals and
other related traffic improvements (hereinafter, "traffic infrastructure") ;
and (ii) contractually agree to reimburse a developer for a portion of the
cost of said traffic infrastructure from fees charged to owners of property
outside the property for which a building permit shall issue, so long as such
outside property is reasonably expected to benefit from said traffic
infrastructure; and
WHEREAS, the corporate authorities of the Village deem it desirable for
the health, safety and welfare of the Village to conduct such traffic
infrastructure planning in the event a developer of real estate located in the
ORA-1 and ORA-2 zoning districts seeks to take advantage of the ORA-1 and
ORA-2 FAR and Height Text Amendments;
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: The provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That Section 5-2 of the Code of Ordinances of the Village of
Oak Brook is amended by adding Section (n) as follows:
(n) No building permit shall be issued in ORA-1 or ORA-2
zoning districts with respect to a development which
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling ordinance, Page 2
utilizes, intends to utilize or is reasonably expected
to utilize the following incremental increases:
in the case of ORA-1: a structure height greater
than thirty-five (35) feet; and/or
in the case of ORA-2: a floor area ratio (FAR)
which exceeds .8 for office uses, financial uses
or accessory uses thereto and/or a structure
height greater than eight (8) stories,
until and unless the following procedures have been
followed:
A. The party owning or controlling said parcel (the
"applicant") shall apply for the increased FAR and/or height
by submitting to the Village Director of Code Enforcement:
1. a site plan for the proposed development showing the
approximate location and approximate size of:
a. all buildings and parking structures; and
b. driveway access; and
C. curb cuts; and
d. surface parking areas; and
2. a statement indicating:
a. the proposed maximum floor area of all buildings
and structures; and
b. the proposed maximum height of all buildings and
structures; and
C. the approximate number of proposed on-site
parking spaces; and
3. a report of a professional traffic consultant
describing the impact of the proposed development on
the neighboring street system and recommending
whatever traffic infrastructure may be required to
accommodate traffic generation specifically and
uniquely attributable to the proposed development.
B. Within a reasonable time after the submission of the
application and materials described in section 5-2(n) (A) ,
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling Ordinance, Page 3
upon receipt of the recommendation of the Village Engineer,
the Village. Board of Trustees (the "Village Board") , at
either a regular meeting or a special meeting of the Village
Board, shall:
1. determine whether the proposed development requires
the installation of traffic infrastructure in order to
accommodate traffic generation specifically and
uniquely attributable to the applicant's proposal,
and, if so, how the installation of said traffic
infrastructure should be staged;
2. determine whether either the construction of such
traffic infrastructure, or the applicant's entry into
an agreement with the Village respecting the
construction of such traffic infrastructure, should be
a condition precedent to issuing a building permit
which seeks to utilize the increases in Floor Area
Ratio and/or height provided by the ORA-1 and ORA-2
FAR and Height Text Amendments; and,
3. at the request of the applicant, determine whether the
installation of such traffic infrastructure will
benefit properties either located outside developer's
application under this ordinance or located on a lot
other than the lot for which applicant intends to file
its initial building permit application seeking to
take advantage of the incremental increases in Floor
Area Ratio and/or height set forth in Section (n) .
Section 3: That Section 5-2 of the Code of Ordinances of the Village of
Oak Brook is amended by adding section (o) as follows:
(o) In the event either the material provided by the applicant
or the investigations of the Village indicate that the
proposed development reasonably requires the installation of
traffic infrastructure in order to accommodate traffic
specifically and uniquely attributable to the proposed
development, the Village Board may, as a condition precedent
to the issuance of those building permits which take
advantage of the incremental increases in Floor Area Ratio
and/or height set forth in Section (n) (and only those
building permits) , either:
(A) require the construction of such traffic
infrastructure which is reasonably required to
accommodate traffic generation specifically and
uniquely attributable to the development as a
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling Ordinance, Page 4
condition precedent to the issuance of a
building permit; or
(B) with respect to large projects either on one lot
or on multiple lots owned or controlled by the
applicant which will be constructed in phases
over time, require the applicant to enter into a
written agreement with the Village prior to the
issuance of a building permit which takes
advantage of the incremental increases in Floor
Area Ratio and/or height set forth in Section
(n) (and only such building permits) providing
that the traffic infrastructure or relevant
portions thereof which are reasonably required
to accommodate traffic generation specifically
and uniquely attributable to the development or
a given phase thereof will be in place prior to
occupancy of the proposed development or a given
phase thereof. Developers of large projects are
to be encouraged to follow the procedures set
forth in this Enabling Ordinance as soon as
possible to facilitate the joint long-range
planning efforts of both the Village and the
applicant. The formal submittal of a building
permit application and supporting documentation
is not a condition precedent to initiating,
following and completing the application and
procedures set forth herein. Agreements reached
pursuant to this Section 5-2(n) (B), may contain
other and further provisions and agreements
concerning or relating to the construction of
such traffic infrastructure reasonably necessary
to protect the public health, safety and
welfare, including provisions which state that
any modifications to the site plan attached to
the agreement which are substantially
inconsistent with said site plan incorporated
into the agreement shall require the prior
approval of the Village Board, provided such
modifications do not materially increase traffic
specifically and uniquely attributable to the
development or materially and negatively injure
the public health, safety and welfare.
Section 4: That Section 5-2 of the Code of Ordinances of the Village of
Oak Brook is amended by adding section (p) as follows:
(p) In the event the applicant has requested a
determination pursuant to Section 5-2(n) (B) (3), the
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling Ordinance, Page 5
Village Board shall proceed to make such determination
upon receipt of the recommendation of the Village
Engineer. If the Village Board determines that such
other property or lot may reasonably be expected to
benefit from traffic infrastructure provided by the
applicant and development on such property utilizes,
intends to utilize, or is reasonably expected to
utilize the incremental increases in Floor Area Ratio
and/or height set forth in Section (n), the Village
may contractually agree to reimburse the applicant for
a portion of the cost of the traffic infrastructure
from fees charged to owners of such other property
when and as collected from the owners of such other
property, but only at such time (if any) that said
owner utilizes the incremental increases in Floor Area
Ratio and/or height set forth in Section (n) by
applying for a building permit for the same. Such
contract may contain the features described in 65 ILLS
5/9-5-1, including provisions which shall:
(A) describe such other property that may reasonably be
expected to benefit from the traffic infrastructure
that is required of the applicant;
(B) specify the amount or proportion of the cost of the
traffic infrastructure that is to be incurred
primarily for the benefit of such other property; and
(C) provide that the Village shall collect fees charged to
the owners of such other property which utilizes the
incremental increases in Floor Area Ratio and/or
height set forth in Section (n) as provided above,
before any building permit for such property is issued
which takes advantage of the incremental increase in
Floor Area Ratio and/or height set forth in Section
(n) .
Section 5: That Section 5-2 of the Code of Ordinances of the Village of
Oak Brook is amended by adding section (q) as follows:
(q) In the event an application filed pursuant to this
Section 5-2(n) et seq. is denied or withdrawn, the
applicant may revise its plans in a manner which does
not take advantage of the increases in FAR and/or
height set forth in Section 5-2(n) , in which case the
procedures set forth in this ordinance would no longer
be applicable; however, all other Village ordinances
respecting building permits and similar permits shall
continue to apply.
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling Ordinance, Page 6
In the event an applicant enters into a written
agreement with the Village pursuant to the terms of
Section 5-2(o), the applicant shall be entitled to
rely upon the Village's continuing compliance with its
terms and the Village shall be entitled to rely on the
applicant's continuing compliance with its terms,
provided, that in the event such a written agreement
is recorded as a covenant running with the land, an
applicant shall be entitled to assign its rights and
obligations to its successors in interest to the
property.
Section 6: This ordinance shall be applicable only to developments
which utilize, intend to utilize or are reasonably expected to utilize the
increases in Floor Area and/or Height provided by the ORA-1 and ORA-2 FAR and
Height Amendments.
Section 7: That this Ordinance shall be in full force and effect from
and after passage and approval by publication as provided by law.
PASSED THIS 25th day of July , 1995.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 25th day of July , 1995.
Village President
ATTEST:
2
Village Clerk
V V1
J
Approved as to Form:
Village Attorney
r
Ordinance 95-BI-BP-G-559
Traffic Infrastructure
Enabling Ordinance, Page 7
Published 7-26-95 Pamphlet form
Date Paper
Not Published
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