Loading...
G-620 - 09/22/1998 - ZONING - Ordinances ORDINANCE 98-BI-BP-G-620 AN ORDINANCE AMENDING SECTION 5-2(n) OF THE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, on July 25, 1995, the Village of Oak Brook(the"Village") passed and approved certain amendments to the Code of Ordinances of the Village of Oak Brook relating to building heights and floor area ratios in ORA-1 and ORA-2 districts by means of Ordinance 95-BI-BP-G-559 specifically providing development incentives by increasing in certain circumstances the maximum Floor Area Ratio in ORA-2 zoning districts from 0.8 to 1.2 for certain uses, increasing the maximum permitted structure height in ORA-2 zoning district from 8 stories to 12 stores(not to exceed 174 feet), and increasing the maximum permitted structure 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, on May 15, 1998 an application was filed with the Village Clerk of the Village of Oak Brook requesting that certain properties be rezoned from ORA-1 to 0-4; and WHEREAS, the applicant has also requested that the development incentives applicable to ORA- 1 be made applicable to the newly created 0-4 zone; and WHEREAS, a public hearing was held by the Zoning Board of Appeals,which Board recom- mended that the request be approved; and WHEREAS, the Plan Commission, on June 15, 1998, also recommended to the Village Board that the application be approved; and WHEREAS, the President and Board of Trustees concur with the Plan Commission and Zoning Board of Appeals and find that it is in the best interests of the Village that the so-called development incentives as found in Section 5-2 of the Code be amended. 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 Subsection 5-2(n)of the Code of Ordinances of the Village of Oak Brook is amended to read as follows: (n) No building permit shall be issued in ORA-1, ORA-2 or 0-4 zoning districts with respect to a development which 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 Buck FAR 09/18/98 9:44 AM Ordinance 98-BI-BP-G-620 Amending Section 5-2(n), Page 2 ■ in the case of ORA-2:a floor area ratio(FAR)which exceeds 0.8 for office uses,financial uses or accessory uses thereto and/or a structure height greater than eight(8)stories; and/or ■ in the case of 0-4, a floor area ratio(FAR)which exceeds 0.45 and/or a structure height greater than thirty-five feet(35'). until and unless the following procedures have been followed: 1. 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: A. a site plan for the proposed development showing the approximate location and approximate size of: L all buildings and parking structures; and ii. driveway access; and iii. curb cuts; and iv. surface parking areas; and B. a statement indicating: L the proposed maximum floor area of all buildings and structures; and ii. the proposed maximum height of all buildings and structures; and iii. the approximate number of proposed on-site parking spaces; and C. 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. 2. Within a reasonable time after the submission of the application and materials described in Section 5-2(n)(1), and 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: A. 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; B. Determine whether either the construction of such traffic infrastructure, or the applicant's entry into an agreement with the Village respecting the Ordinance 98-BI-BP-G-620 Amending Section 5-2(n), Page 3 construction of such traffic infrastructure, should be a condition precedent to issuing a building permit which seeks the incremental increases in Floor Area Ratio and/or height set forth in this Section (n); and, C. 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 this Section (n). Section 3: 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, ORA-2 and 0-4 FAR and Height Amendments. Section 4: That this Ordinance shall be in full force and effect from and after passage and approval by publication as provided by law. PASSED THIS 22nd day of September, 1998. Ayes: Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate Nays: None Absent: None None Abstain: APPROVED THIS 22ndday of September, 1998. Village President YA A-pproved as to Form: Village Attorney Published 9-23-98 Pamphlet form Date Paper Not Published i