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G-980 - 09/25/2012 - ZONING - Ordinances Supporting DocumentsP1EM G.F.3) COUN AGENDA ITEM Board of Trustees Meeting September 25, 2012 SUBJECT: Arden Realty — Text Amendment FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance G -980, which approves a text amendment to the Zoning Ordinance to permit "Nonresidential, post baccalaureate schools" as a special use in the ORA -2 District. Background/History, At the September 11, 2012 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of a text amendment to the Zoning Ordinance to permit "Nonresidential, post baccalaureate schools" as a special use in the ORA -2 District. Recommendation: Approve Ordinance G -980. Last saved by gpolanek JM -FROM BOB\Bot - PC - ZBAWT -FINAL Action - G -980 -Arden TA- Schools.doc ORDINANCE 2012- ZO -TA-G -980 AN ORDINANCE APPROVING A TEXT AMENDMENT TO SECTION 13 -106 -2 OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK WHEREAS, Title 13, Chapter 10, Article B, Section 2 of 'The Village Code of the Village of Oak Brook ", as amended ( "Zoning Ordinance"), sets forth certain regulations regarding the provisions of special uses in the ORA2 District ( "Section 13- 108 -2 "); and WHEREAS, a petition has been filed by Arden Realty, Inc. for a text amendment to Section 13- 106-2 in order to include "non residential, post baccalaureate schools" as a special use in the ORA2 District ( "Proposed Amendment "); and WHEREAS, pursuant to Section 13- 14 -8C3 of the Zoning Ordinance, the Plan Commission reviewed the Proposed Amendment and recommended that the Village Board of Trustees adopt the Proposed Amendment; and WHEREAS, pursuant to Section 13- 14 -8C2 of the Zoning Ordinance, the Zoning Board of Appeals ( "ZBA ") conducted a public hearing pursuant to due notice, at which hearing the ZBA considered the Proposed Amendment ( "Public Hearing"); and WHEREAS, at the close of the Public Hearing, the ZBA recommended that the Village Board of Trustees adopt the Proposed Amendment; and WHEREAS, pursuant to Section 13 -14 -8D of the Zoning Ordinance, the Board of Trustees has considered the reports of the Plan Commission and the ZBA and determined that it would be in the best interests of the Village and its residents to amend Section 13 -1013-2 to provide for non residential, post baccalaureate schools as a special use in the ORA2 District; 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: Recitals. The foregoing recitals 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- 1013-2. Section 13- 106 -2, entitled "Special Uses" of the Zoning Ordinance shall be amended further to read as follows: "13- 1013-2: SPECIAL USES: Daycare centers, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department or other emergency dispatch center. Drive -in establishments for retail banks and freestanding restaurants. Heliports (not for freight) shall meet all of the standards as contained in subsection 13- 10A-4C of this chapter. Outdoor dining areas adjacent to restaurants. Public utility, governmental service and transportation uses: Bus turnarounds and passenger shelters. Ordinance 2012- ZO -TA -G -980 Amending the Zoning Ordinance Section 13 -1013-2 to add Non residential, post baccalaureate schools as a special use in the ORA2 district Page 2 of 2 Fire and police stations. Sewage and storm water lift stations. Telephone exchanges, transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Non residential- post baccalaureate schools," 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. APPROVED THIS 251h day of September, 2012. Gopal G. Lalmalani Village President PASSED THIS 25th day of September, 2012. ATTEST: Charlotte K. Pruss Village Clerk