G-870 - 09/09/2008 - ZONING - Ordinances Supporting DocumentsITEM 6.1.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 9, 2008
SUBJECT: Macy's Retail Holdings, Inc. —Text Amendment — Zoning Ordinance Section 13 -7 -3B
FROM: Robert L. Kallien, Jr., AICP, Community Development Director`--
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve Ordinance G -870, which approves an
amendment to Zoning Ordinance Section 13 -7 -3B
Background /History:
At the August 26, 2008 meeting, the Village Attorney was directed to prepare the ordinance
granting approval of a text amendment to the Zoning Ordinance relative to permitting limited
outdoor sales events in the B District.
Recommendation:
Approve Ordinance G -870.
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Last saved by GPOLANEK J \1 -FROM BOB\Bot - PC - ZBA\BOT -FINAL Action - Macys -TA -G -870 doc
ORDINANCE 2008- ZO -TA -G -870
AN ORDINANCE AMENDING SECTION 13 -7 -3B
OF THE ZONING ORDINANCE
WHEREAS, at its meeting on July 21, 2008, the Plan Commission reviewed a proposed
amendment to Section 13 -7 -313 of the Zoning Ordinance to allow limited outdoor sales events in B
(commercial) districts, and
WHEREAS, by a vote of 4 to 0 the Plan Commission recommended approval of the proposed
amendment, and
WHEREAS, on August 5, 2008, the Zoning Board of Appeals conducted a public hearing in
connection with a proposed amendment to Section 13 -7 -3B of the Zoning Ordinance; and
WHEREAS, by a vote of 6 to 0 the Zoning Board of Appeals recommended approval of the
proposed amendment, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of
the Zoning Board of Appeals and deem the amendment, as set forth below, to be in the best interests of
the Village
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 Section 13 -7 -3B of the Zoning Ordinance is hereby amended to read as follows
All business, service, storage, merchandise, display and where permitted, repair and
processing shall be conducted wholly within a completely enclosed building except for 1)
off street automobile parking, off street loading, and open sales lots and drive -in facilities
in districts where they are permitted, 2) outdoor dining areas adjacent to restaurants in
districts where outdoor dining areas are permitted as a special use; 3) approved specialty
retail programs in outdoor areas of a shopping center in districts were permitted as a
special use, and 4) outdoor sales events on a property in any business district provided
that all of the following conditions are met
1 Such event shall be of a limited duration (14 days or less per event) occurring no
more than two times in any calendar year, and
2 such event is held in a temporary enclosure and receives all required permits
from the Village, and
3 such event offers for sale only items that are normally sold inside the building in
conformity with the principal use of the subject property, and
4 such event conforms to all signage and setback requirements of the underlying
zoning district, and
5 the property complies with all parking requirements of the underlying district, or,
in the alternative, the Petitioner reasonably demonstrates that notwithstanding
any temporary noncompliance, the conduct of the event will not impose any
undue traffic or parking burden on surrounding properties and streets, and
Ordinance 2008- ZO -TA -G -870
Text Amend Macy's
Page 2 of 2
6 such event is approved by the Department of Community Development upon
application and submittal of required information from the property owner
detailing prospective compliance with the conditions herein
Section 3 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 4 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 5 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Ayes
Nays
Absent
APPROVED THIS 9th day of September, 2008
John W Craig
Village President
PASSED THIS 9th day of September, 2008
ATTEST
Charlotte K Pruss
Village Clerk