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G-827 - 01/23/2007 - ZONING - OrdinancesORDINANCE 2007- ZO -TA -G -827 PAMPHLET FRONT OF PAMPHLET AN ORDINANCE AMENDING ARTICLE E (04 OFFICE DISTRICT) OF CHAPTER 10 (OFFICE- RESEARCH - ASSEMBLY DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ADD A SPECIAL USE FOR MIXED USE DEVELOPMENTS ON PROPERTIES NOT LESS THAN TEN (10) ACRES IN AREA PUBLISHED IN PAMPHLET FORM THIS 261h DAY OF January , 2007, BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS filler r��: r i r as Linda K. Gonnella, CMC Village Clerk ORDINANCE 2007- ZO -TA -G -827 AN ORDINANCE AMENDING ARTICLE E (04 OFFICE DISTRICT) OF CHAPTER 10 (OFFICE- RESEARCH - ASSEMBLY DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ADD A SPECIAL USE FOR MIXED USE DEVELOPMENTS ON PROPERTIES NOT LESS THAN TEN (10) ACRES IN AREA WHEREAS, an application has been filed requesting a text amendment to Article E (04 Office District) of Chapter 10 (Office- Research - Assembly Districts) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook to add a special use for mixed use developments on properties not less than ten (10) acres in area; and WHEREAS, on October 16, 2006, and November 21, 2006, the Plan Commission reviewed the request for a text amendment and, on November 21, 2006, the Plan Commission recommended approval of the zoning text amendment, and WHEREAS, on December 5, 2006, the Zoning Board of Appeals conducted a public hearing on the request for a text amendment, pursuant to due and appropriate legal notice, and recommended approval of the zoning text amendment; 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 AND COOK COUNTIES, ILLINOIS, as follows Section 1 The recitals above are hereby incorporated into and made a part of this ordinance Section 2- Section 13- 10 -E -2 of the Village Code, entitled "Special Uses ", is hereby amended by adding the following Mixed Use Development on Properties Not Less Than Ten (10) Acres in Area subject to the following Authorized Uses A All permitted uses authorized in the B -1 Local Shopping Center District, except that the following uses are not permitted. Fire stations Launderettes, including automatic self - service dry cleaning equipment. Libraries, branch. Police stations. B All permitted uses in the B -2 Regional Shopping Center District, except that the following uses are not permitted- Automobile service stations Electric distribution centers and substations Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use Mixed Use Development Page 2 of 8 Gas regulator stations. Hospitals, having not more than ten (10) beds and first -aid stations for the treatment of emergency cases Laundries, dyeing and cleaning establishments. Laundries, self - service, and shops for the collection and distribution of laundry and dry cleaning articles. Messenger and telephone service stations. Printing plants, newspaper, magazine and similar publications Radio and television broadcasting stations. Service, cleaning and repair shops, for personal, household or garden equipment C All permitted uses in the B -3 General Business District except that the following uses are not permitted Animal hospitals and veterinarian offices. Automobile accessory stores. Automobile service stations. Building material sales, not including outside storage Cartage and express facilities. Clothing pressing establishments. Clubs, lodges and fraternal organizations Coin and philatelic stores Electric distribution centers and substations Employment agencies. Exhibition halls Fire stations. Garages, public, where body repair and painting are incidental accessory uses, but not including automobile wrecking yards Garages, storage. Gas regulator stations Greenhouses and conservatories. Kennels, with no outdoor dog runs Laboratories, medical, dental or optical Libraries. Locksmith shops Mail order service stores Orthopedic and medical appliance stores. Pet service, domestic Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use Mixed Use Development Page 3 of 8 Physical culture and health service, gymnasiums, reducing salons, massage salons and public baths. Plumbing, heating, air conditioning and electrical fixtures and equipment, showroom and shops, for domestic use only Police stations Radio and television stations. Recording studios. Recreational buildings, community centers and meetings halls Religious institutions, churches, chapels, temples or synagogues Sewing machine sales and services. Taxidermists. Telegraph offices Typewriter and adding machine sales and service establishments Undertaking establishments and funeral parlors D All special uses authorized in the B -1 Local Shopping Center District, except as specified in paragraph G hereof. E. All special uses in the B -2 Regional Shopping Center District, except as specified in paragraph G hereof F All special uses in the B -3 General Business District, except as specified in paragraph G hereof G Non - Permitted Uses The following uses are not permitted, notwithstanding the provisions of Zoning Regulations. Amusement establishments, including gymnasiums, swimming pools and skating rinks Automobile mini- market. Automobile Service Stations. Clubs, lodges, fraternities and community centers Drive -in establishments for permitted uses Fire and police stations. Gas regulator stations Horse stables and riding academies, public Nursing homes. Open sales lots, when accessory to new automobile, trailer or boat sales establishments Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use Mixed Use Development Page 4 of 8 Recreation, outdoor, par 3 and miniature golf courses, golf driving ranges, swimming and tennis clubs, and other outdoor recreation uses as approved by the Village Board of Trustees Water filtration plants, wells, pumping stations and reservoirs H Additional Authorized Uses. Bakeries, where not more than forty percent (40 %) of the floor area is devoted to processing. Barber shops and beauty parlors, day spas, tanning salons Clinics, medical, dental and optometric including accessory laboratories Drive -in and drive -thru banking facilities Garden supply, retail. Health clubs, including accessory uses such as day care, spa services including tanning and salon, selling of goods including clothing, food, other Items related to health and well being Indoor entertainment facilities, except for game rooms and pool rooms Offices: business, professional and public. Any such office use may also Include a day care center. Outdoor dining areas adjacent to restaurants or other retail food products sales facilities Seasonal, portable carts serving only limited menu foods and /or beverage Items in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided that. 1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department, and 2) cart locations have appropriate utilities provided, are not convenient to drive -up business, and do not materially Interfere with access to or visibility of other establishments within the shopping center Single - family attached dwellings II Lot Requirements A Yards 1. Front: Not less than one hundred feet (100') in depth; provided that parking may be Installed and utilized In this setback along York Road not less than thirty feet (30') of the property line, and further provided that canopies may encroach no more than eight feet (8') into any required front yard Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use- Mixed Use Development Page 5 of 8 2 Rear- Not less than thirty feet (30'); provided that canopies may encroach no more than eight feet (8') into any required rear yard, and further provided that hotel and condominium canopies may encroach no more than fifteen feet (15') into any required rear yard. 3 Side: Not less than thirty feet (30'); provided that canopies may encroach no more than eight feet (8') into any required side yard, and further provided that hotel and condominium entryway coverings may encroach no more than fifteen feet (15') into a required side yard. B Floor Area Ratio- Not to exceed 1 0 C Structure height: Not more than sixteen (16) stories or one hundred eighty feet (180'), whichever is greater III Parking and Loading In a mixed use development containing hotel and /or office uses - A Up to thirty -five percent (35 %) of required parking spaces for all uses may have a minimum width of eight and one -half feet (8.5), B No more than fifteen percent (15 %) of required parking spaces may be located within one hundred feet (100') of York Road; C Notwithstanding the provisions of Section 13- 12 -3C, the minimum aisle width shall be twenty -four feet (24'). D The following provisions shall govern driveways notwithstanding the provisions of Section 13 -12 -3 (E) Spacing between driveways shall be consistent with good engineering practice as reasonably determined by the Village Engineer and not less than thirty -five feet (35'). E The following provisions shall govern loading requirements, notwithstanding the provisions of Section 13 -12 -7: Loading docks and loading berths are not required provided that off - street loading areas are installed. IV. Signs A Monument Signs One (1) at fifteen feet (15') x sixteen feet (16') (two- sided) with slots for tenant signage (two hundred forty (240) square feet, each side, four hundred eighty (480) square feet total). One (1) at ten feet (10') x sixteen feet (16') (two - sided) (one hundred sixty (160) square feet each side, three hundred twenty (320) square feet total) Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use Mixed Use Development Page 6 of 8 B Directional and Miscellaneous/Way finding Signs Up to twenty (20) signs, each no more than twenty (20) square feet C Restaurant and Retail Signs On Building Signage /Entrance Signage. Gross Surface Area of all signs shall be no more than two (2) times the number of lineal feet in the length of the building wall facing a public street On a corner or through lot, a sign may be erected along each street frontage Height of letters are limited to thirty -six inches (36 ") The sign shall not protect more than thirty inches (30 ") from any facade or canopy and shall not be higher than the top of the building D Blade Signage The following sign provisions are available for each occupant of any non- residential use: Signage shall be no larger than eight (8) square feet. Height of letters are limited to twelve inches (12 ") Signage shall be at least eight feet (8') above the elevation of the sidewalk. Signage shall project no more than sixty inches (60 ") from the facade E Health Club Signs Building Signage /Entrance Signage. Gross Surface Area shall be no more than six hundred thirty (630) square feet Height of letters are limited to forty -eight inches (48 ") The sign shall not project more than thirty inches (30 ") from any facade or canopy and shall not be higher than the top of the building Health Club may have three building /entrance signs. Two (2) on the building and one (1) at the main entrance F Hotel Signage Top of the Building (North side)* Up to one hundred forty (140) square feet Ordinance 2007- ZO -TA -G -827 Zoning Text Amendment, 04 Special Use Mixed Use Development Page 7 of 8 Top of the Building (South Side)* Up to sixty -five (65) square feet. Porte Cochere Signage- Up to one hundred forty -five (145) square feet Ground Sign Up to three (3) square feet. G Condominium Signage 1 Entrance Signage The primary and secondary entrances may each have the following signage. Gross Surface Area shall be no more than two (2) times the number of lineal feet in the length of the building wall facing a public street Height of letters are limited to thirty -six inches (36 ") The signs shall not project more than thirty inches (30 ") from any facade or canopy and shall not be higher than structure height 2. . Parking Signage for condominiums Limited to thirty (30) square feet. H Location of Signs Except for signs authorized in Section IV (B) hereof, no ground sign may be closer than ten feet (10') from any lot line and no sign may be closer than three feet (3') from a driveway or parking area V Landscaping The following provisions shall govern requirements for landscaping notwithstanding the provisions of Section 13- 12 -4(B) and (C)- A Screening and Landscaping- The following landscaped and planted areas shall be provided and maintained for all parking areas 1 Front Yards* Permanent screening at least two feet (2') in height shall be installed in front yard areas adjacent to parking areas This screening may consist of a planted earth berm, shrubs or trees, or a combination of both. 2. Side and Rear Yards Permanent peripheral screening at least two feet (2') in height shall be installed in side and rear yards adjacent to parking areas. This screening may consist of a planted earth berm, shrubs or trees, or a combination of both B Landscaped areas shall occupy not less than ten percent (10 %) of the total lot area Section 3 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law ., Ordinance Zoning Text Amendment, O* Special Use Mixed Use Development Page anra Section 4 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict APPROVED THIS m day of January, 2007 Kevin Q PASSED THIS m day of January, 2007. Ayes Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent None iqr ATTEST' Linda K. Gonnella, CMC Village Clerk ■■ ORDINANCE 2007- ZO -TA -G -827 PAMPHLET BACK OF PAMPHLET AN ORDINANCE AMENDING ARTICLE E (04 OFFICE DISTRICT) OF CHAPTER 10 (OFFICE- RESEARCH - ASSEMBLY DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ADD A SPECIAL USE FOR MIXED USE DEVELOPMENTS ON PROPERTIES NOT LESS THAN TEN (10) ACRES IN AREA PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS