G-904 - 11/10/2009 - ZONING - Ordinances Supporting DocumentsI' EAM 6.F.2)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 10, 2009
SUBJECT: Village of Oak Brook — Text Amendment — Amend Planned Development
Regulations (PD)
FROM: Robert L. Kallien, Jr., AICP, Community Development Director AN�y
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance G -904, which approves a text
amendment to the Planned Development Regulations that provides clarity and the intent of
exemptions to the Planned Development Regulations.
Background /History:
At the October 27, 2009 meeting, the Village Attorney was directed to prepare the ordinance
granting approval of a text amendment to-the Planned Development Regulations to provide
clarification of the Exceptions and Exemptions that allows projects, which meet all underlying
zoning provisions to be exempt from the Planned Development Regulations.
Recommendation:
Approve Ordinance G -904.
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Last saved by DEFAULT J \1 -FROM BOB \Bot -PC - ZBA\BO F -FINAL Action - G- 904 -TA -PD Regs doc
ORDINANCE 2009- ZO -TA -G -904
AN ORDINANCE AMENDING SECTION 13 -15 -2A and SECTION 13 -15 -5F
IN THE PLANNED DEVELOPMENT REGULATIONS
OF THE ZONING ORDINANCE OF
THE VILLAGE OF OAK BROOK
WHEREAS, the Board of Trustees requested the Plan Commission and the Zoning Board of
Appeals to consider an amendment to the Planned Development Regulations; and
WHEREAS, at its meeting on September 21, 2009, the Plan Commission reviewed the proposed
text amendment, and
WHEREAS, the Plan Commission recommended approval of the proposed text amendment; and
WHEREAS, at its meeting on October 6, 2009 the Zoning Board of Appeals conducted the
required public hearing with respect to the proposed text amendment; and
WHEREAS, the Zoning Board of Appeals recommended approval of the proposed text
amendment; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of
the Plan Commission and Zoning Board of Appeals and deem the text 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: I
Section 1: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2 Section 13 -15 -2A of the Zoning Ordinance is hereby amended by deleting the existing
text of and substituting the following in lieu thereof:
Except as provided for in Section 13-15-517, no new commercial, office, or mixed -use
development construction within the Planned Development Overlay District shall be
permitted except as approved as a Planned Development in accordance with this Chapter;
provided, however, that a stand alone project for construction of outdoor dining facilities or
for drive - through facilities will not require a Planned Development under this Chapter.
Section 3: Section 13 -15 -517 of the Zoning Ordinance is hereby amended by deleting the existing
text of and substituting the following in lieu thereof:
Exemptions At the election of the applicant, the Planned Development provisions of this
Chapter shall not apply to an existing development or a proposed development project
that satisfies all of the underlying zoning regulations applicable to the property In such
case, the proposed development will be subject to the processes of the Village that are
applicable to any new construction project.
Section 4: 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.
Ordinance 2009- ZO -TA -G -904
Zoning Ordinance Section 13 -15 -2 and 13 -15 -5
Planned Development Regulations
Page 2 of 2
Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 6 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 10th day of November, 2009
John W Craig
Village President
PASSED THIS 10th day of November, 2009
ATTEST
Charlotte K Pruss
Village Clerk