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S-822 - 08/08/1995 - ZONING - OrdinancesORDINANCE 95-ZO-V-EX1-s-822 WHEREAS, on January 9, 1990, the Village President and Hoard of Trustees passed and approved Ordinance 5-681 entitled, "An Ordinance Granting Variations And Other Relief From The Provisions Of The Zoning Ordinance Of The Village Of Oak Brook Relative To Parking And Required Yards At The Oakbrook Center Mall" which. authorized 385 required parking spaces on an off-site location and permitted construction of a parking garage in a portion of a required yard as more fully set forth in the ordinance, a copy of which is attached as Exhibit A; and WHEREAS, one of the conditions of the grant of variation was that the owner agree to construct an additional 575 parking spaces upon the request of the Village based on a calculation that 10,893 spaces were required; and WHEREAS, based on acquisition by the petitioner of the off-site parking property and a determination that the parking area now provided (3,811,512 sq. ft.) exceeds the parking area required (3,733,916 sq. ft.), thereby making A the variation granted in Ordinance 5-681 which reduced the number of spaces by t 575 unnecessary; and cps WHEREAS, an application has been filed which requests that the variation -� reducing required parking spaces by approximately 575 spaces be repealed and _._. that the condition requiring the owner of the subject property to agree to construct up to 575 additional parking spaces also be repealed; and v WHEREAS, a public hearing on such application has been conducted by the C) Zoning Board of Appeals of the Village of Oak Brook on July 13, 1995 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Section XIII(G)(4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; 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: That the provisions of the preamble hereinabove set forth in Section XIII(G)(4) of the said Oak Brook Zoning Ordinance are hereby adopted as though fully set forth herein. Section 2: That Section 4 of Ordinance 5-681 is hereby repealed; Ordinance 95-ZO-V-MX S-822 Amending Ordinance 5-681 Relative to Parking and Required Yards at Oakbrook Center, Page 2 Section 3: That Section 7B of Ordinance 5-681 is hereby repealed; Section 4: That all other provisions of Ordinance 5-681 which are not repealed above are and shall remain in full force and effect. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of August, 1995. Ayes: Trustees Bartecki, Kenny,*IcInerney, Payovich, Savino and Shumate Nays: None Absent: None Abstain: None APPROVED THZS 8th day of August, 1995. Village PresidemE ATTEST: "V'illaqd clerk Approved as to Form: Village Attorney Published Date Paper Not Published Xx �7 Lfl Applicant: Urban Retail Properties Co. :I1 Address: 100 Oakbrook Center Oak Brook, IL 60521 PIN 06-23-300-022 thru 06-23-300-033 06-23-300-036, 06-23-300-037, 06-23-300-040 thru 06-23-300-042 obcenter.ord `� ORDINANCE S- 681 AN ORDINANCE GRANTING VARIATIONS AND OTHER RELIEF FROM THE PROVISIONS OF THE ZONING ORDINANCE WHEREAS, applications have been filed requesting certain variations for the Oakbrook Center Mall relating to parking requirements to allow for the construction of a parking garage, the provision of off-site parking and the reduction in the number of required parking places; and S+i[-IEREAS, the Zoning Board of Appeals and Plan Commission of the Village of Oak Brook have made recommendations for the approval of the requested relief sought in said application pursuant to public hearings conducted by the Zoning Board of Appeals on November 21, 1989, and by the Plan Commission on November 20, 1989; and WHEREAS, the Zoning Board of Appeals made explicit findings that the variations requested meet the applicable standards of Section XIII(G)(4) of the Oak Brook Zoning Ordinance, including unique circumstances related to the right-of-way configuration, the lack of any negative effect upon the neighbor- hood, and that the yield of the property would be negatively affected if the variations requested were not granted; and WHEREAS, the corporate authorities have considered said recommendations and findings and concur in the same; 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: That the provisions of the preamble hereinabove set forth are hereby incorporated herein as though fully set forth herein. Section 2: That the variations granted herein are limited to the property known as the Oakbrook Center Mall, Oak Brook, IL, which property is legally described in the attached Exhibit A. Section 3: That a variation from the provisions of Section VII(D)(4) of the Zoning Ordinance is granted so as to permit construction of a parking � garage located approximately 190 feet from the right-of-way line of 22nd t0 Street and Illinois Route 83. Jt Section 4: That a variation is granted from the provisions of Section -" XI(E)(12)(eJ(3) of the Zoning Ordinance to reduce the required off-street parking spaces by approximately 575 spaces from the required 10,893 spaces. tV Section 5: That a variation from the provisions of Section XI(E)(10) of the Zoning Ordinance is hereby granted so as to preclude the necessity of the Ordinance S- 681 An Ordinance Granting Variations and Other Relief Relative to Parking and Required Yards at the Oakbrook Center Mall Page 2 filing of a covenant regarding the use of off-site property for accessory parking as depicted in th�� tached Exhibit B. Section 6: That pursuant to the provisions of Section XI(E)(2) of the Zoning Ordinance, authorization is granted for the construction of approximately 385 required parking spaces at an off-site location as depicted in thel/attached Exhibit B. O csl' Section 7: That the variations herein granted are expressly subject to the following conditions: A. That the parking garage proposed to be constructed shall contain not more than 3 levels (2 above ground) and shall contain not less than 620 parking spaces in conformance with the provisions of the Oak Brook Zoning Ordinance. The location of such parking garage shall be substantially identical to the location depicted in the attached Exhibit B. B. That the owner of the subject property execute and deliver to the Village a covenant agreeing to construct up to 575 additional parking spaces upon the request of the Village of Oak Brook. Said covenant shall be in the form and substance acceptable to the Village as approved by its Village Attorney. Section 8: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIS 9th day of January 1990. Ayes: Trustees Bartecki, Bushy, Payovich, Rush and 1Vinters Nays: None Absent: Trustee Maher Abstain: None APPROVED THIS 9th daY of January 1990 , /— Ln .j Vil age Presiden ATTEST: Village Clerk . Approved as to Form: t: Village Attorney t Ordinance S- 681 An Ordinance Granting Variations and Other Relief Relative to Parking and Required Yards at the Oakbrook Center Mall Page 3 Published Date Paper Not Published XX EXHIBIT A Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian; excepting from said Lots 3 and 9 those parts thereof dedicated for highway purposes by instruments recorded on September 8, 1961 as Document R61-21444 and on November 20, 1961 as Document R61-30843; and excepting from said Lots 5 and 7 those parts thereof dedicated for highway purposes by said instrument recorded as Document R61-30843; and excepting from said Lot 9 that part thereof included within the First Federal Resubdivision, a resubdivision recorded May 3, 1978 as Document R78-38235; in DuPage County, Illinois, containing 5,695,107 square feet (130.7417 acres) more or less. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033„ 06-23-300-036, 06-23-300-037 and 06-23-300-040 through 06-23-300-042.