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G-1082 - 08/09/2016 - ZONING - Ordinances Supporting Documents ITEM 6.E.6 BOARD OF TRUSTEES MEETING VILLAGE of SAMUEL E. DEAN BOARD ROOM OAK B R , K , BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of August 9, 2016 SUBJECT: Oakbrook Shopping Center, LLC—Text Amendment FROM: Robert L. Kallien Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance 2016-ZO-TA-G- 1082 which approves a text amendment to the Zoning Ordinance—Section 13-11-9— B2 District Sign Regulations. Background/History: At its July 12 meeting, the Village attorney was directed to prepare the necessary ordinance granting approval of a text amendment to the B-2 District Sign Regulations, Section 13-11-9 of the Zoning Ordinance that would permit wall signage for certain anchor tenants (Nordstrom and possibly Macy's) to be placed on an adjacent parking structure under very specific circumstances with tight restrictions. Recommendation: Approve Ordinance G-1082 REG BOT 080916 Agenda Item 6.E.6 BOT FINAL ACTION G-1082-Oakbrook Center-132 Dist-TA.doc P44.Page 1 ORDINANCE 2016-ZO-TA-G-1082 AN ORDINANCE APPROVING A TEXT AMENDMENT TO SECTION 13-11-9 OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, Title 13, Chapter 11, Section 9, of"The Village Code of the Village of Oak Brook", as amended ("Zoning Ordinance"), sets forth the Sign Regulations in the B2 Zoning District ("B2 Zoning District Sign Regulations'l; and WHEREAS, at the direction of the Village Board, both the Plan Commission (`PC') and the Zoning Board of Appeals ("ZBA') studied and considered an amendment to the B2 District Sign Regulations to allow wall signage for certain anchor tenants to be placed on certain adjacent parking structures under very specific circumstances and restrictions ("Proposed Amendment); and WHEREAS, pursuant to Section 13-14-8C.3 of the Zoning Ordinance, the PC on May 16, 2016 reviewed the proposal to amend the B2 District Sign Regulations and recommended that the Village Board approve the Proposed Amendment; and WHEREAS, pursuant to Section 13-14-8C.2 of the Zoning Ordinance, the ZBA held the required public hearing on June 7, 2016, at which hearing the ZBA considered the Proposed Amendment to the B2 District Sign Regulations and heard comments from interested parties; and WHEREAS, at the close of the public hearing, the ZBA recommended the approval of the Proposed Amendment to the B2 District Sign Regulations to allow wall signage to be located on certain garage facades providing it meets certain conditions and restrictions; and WHEREAS, pursuant to Section 13-14-8D of the Zoning Ordinance, the Board of Trustees has considered the reports of the PC and the ZBA and determined that it would be in the best interests of the Village and its resident to amend the B2 District Sign Regulations in Section 13-11-9 of the Zoning Ordinance to allow for wall signage to be located on certain garage facades for certain anchor tenants to be permitted as set forth in this ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS,AS FOLLOWS: Section 1: Recitals. The foregoing recital are hereby incorporated into, and made a part of this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 13-11-9. Section 13-11-9, entitled "District B2 Regulations:" shall be amended to add a new Subsection E, as follows: Additions are bold and double- underlined E Notwithstanding anything contained in this title to the contrary_ including,without limitation section 13-11-7A 13-11-7H and 13-11-7M of this title,Wall Signs maybe located on facades of multi-story narking garages in the B2 District nroyid d that: W No narking garage facade may have more than one such Wall Sian: The Wall Sign otherwise complies with 13-11-3: 13-11-4: 13-11-7 subsections_B through G_. I through L, and N through Q: 13-11-9-B and 13-11-9-C of this title; (iii) The Wall Sign does not faro 16th Street between Illinois State Route 83 and ring Road: Ordinance 2016-ZO-TA-G-1082 Amending Section 13-11-9 of the Zoning Ordinance B2 Sign Regulations—Add Section E Wall Sign Located on Garage Facades Page 2 of 3 r ) The Wall Sian exclusively or primarily faces Illinois State Route 83 or 22nd Street: (y) The Wall Sian advertises or identifies a retail tenant occupying no less than 50,000 square feet of a building in the B2 District; (vi) The building in which the subject retail_ tenant is located does not have, or no longer has, any other Wall Sian that (al is visible from the fight-of-way the proposed Wall Sian would primarily face, and (b)advertises or identifies the subject retail tenant: and (vii) At least one of the following applies: (1) As of the effective date of this Ordinance._(a) the bullding_ occupied in whole or part by the subject retail tenant is located within 70 feet of the applicable parking garage at grade_ and (b)the parking garage is at least partially located within 170 feet of 16th Street: or (2) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 200 feet of the applicable parking garage at grade_ and (b)the parkin- garage is at least partially located within 450 feet of 22nd Street." Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Ordinance 2016-ZO-TA-G-1082 Amending Section 13-11-9 of the Zoning Ordinance B2 Sign Regulations—Add Section E Wall Sign Located on Garage Facades Page 3 of 3 APPROVED THIS 9th day of August, 2016. Gopal G. Lalmalani Village President PASSED THIS 9th day of August, 2016. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk