S-775 - 06/14/1994 - SPECIAL USE - Ordinances 94-ZO-SU-El-S- 775
AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Maggiano's Oakbrook Limited Partnership, 240 Oakbrook Center)
WHEREAS, on July 13, 1994, this Board of Trustees passed Ordinance 93-
ZO-SU-E1-S-759 which granted a special use to allow use of an outdoor dining
area adjacent to a restaurant at 240 Oakbrook Center ("Property") subject to
certain conditions and restrictions; and
WHEREAS, an application has been filed by the tenant at this Property
requesting an amendment to the condition pertaining to dates when outdoor
dining is permitted by extending those dates from May 1-September 30 to
April 15-October 15 and adding a two-week set up and two-week removal period;
and
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on April 18, 1994, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the proposed amendment; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 3, 1994, pursuant
to due and appropriate legal notice, and said Board has submitted its report
on the subject application to President and Board of Trustees and has
recommended the approval of the proposed amendment; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
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 adopted as though fully set forth herein.
Section 2: That the first condition set forth in the Special Use
granted pursuant to Ordinance 93-ZO-SU-E1-S-759, a copy of which is attached
as Exhibit 1, is amended to state as follows:
1. Outdoor dining is permitted from April 15 through October 15 for
each year this Special Use Permit is in effect in the area so
designated on the Exterior Seating Plan drawn by Aria Group
Architects, Inc. and dated June 17, 1993, a copy of which is
attached hereto and incorporated herein. The outdoor dining area
may be set up between April 1 and April 15 and may be removed
between October 15 and October 30 for each year this Special Use
Permit is in effect.
I
94-ZO-SU-E1-S-775
Amending an Ordinance Granting A
Special Use For Outdoor Dining Areas
Adjacent To Restaurants,
240 Oakbrook Center
Page 2
Section 3: That all provisions of Ordinance 93-ZO-SU-E1-S-759 not
amended herein are and shall be in full force and effect.
Section 4: That this Ordinance is limited and restricted to the
property presently occupied by Maggiano's Restaurant located at 240 Oakbrook
Center, Oak Brook, Illinois.
Section 5: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 12th day of July , 1994.
Ayes: Trustees Kenny, McInerney, Skinner and President Bushy
Nays: None
Absent: Trustees Bartecki, Payovich and Shumate
Abstain:
APPROVED THIS 12th day of July 1994.
Village President
ATTEST,
i
illage Clerk.
ApprRved as to Form:
cd
1
r
Village Attorney
Published
Date Paper
Not Published x
mggns.ord
II
I
93-ZO-SU-E1-S-759
AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Maggiano's Oakbrook Limited Partnership, 240 Oakbrook Center)
WHEREAS, an application has heretofore been filed by the tenant of a
part of a building in the Oakbrook Center, which is located at 240 Oakbrook
Center, for approval of the issuance of a Special Use Permit to authorize an
outdoor dining area adjacent to a restaurant on said property, and the
beneficial owner of said property has approved said application; and
WHEREAS, pursuant to Ordinance 93-ZO-TA-G-514 , the Village President
and Board of Trustees of the Village of Oak Brook have amended the Zoning
Ordinance of the Village of Oak Brook (a) to permit outdoor dining areas
adjacent to restaurants in those zoning districts where such areas are
permitted as a special use, and (b) to add such areas as a special use in the
B-2 Regional Shopping Districts; and
WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping
Center District; and
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on May 17, 1993, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the issuance of such special use permit, subject to certain
conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on June 1, 1993, pursuant
to due and appropriate legal notice, and said Commission has submitted its
report on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such Special Use Permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
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 adopted as though fully set forth herein.
Section 2: That a Special Use Permit pursuant to the provisions of
i
Section VIII(D) be and is hereby granted for the use of an outdoor dining area
adjacent to a restaurant at 240 Oakbrook Center, which Center is legally
described as follows:
EXHIBIT 1
f
93-zO-SU-E1-S-759
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 240 Oakbrook Center
Page 2
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 No.
06-23-300-032.
Section 3: That the Special Use Permit herein be granted specifically
subject to the following conditions:
1. Outdoor dining is permitted from May 1 through September 30 for
each year this Special Use Permit is in effect in the area so
designated on the proposed Exterior Seating Plan drawn by Aria
Group Architects, Inc. and dated June 17, 1993, a copy of which is
attached hereto and incorporated herein.
2. Said area shall be developed and used in substantial conformity
with said Exterior Seating Plan and access thereto shall be
through Maggiano's Restaurant only.
3. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, will be removed and caps
shall be placed over the holes in the sidewalk to return the area
to the condition it was in prior to outdoor dining operations.
4. The restaurant operator shall be responsible for maintaining and
cleaning the outdoor area.
S. Not less than a five-foot sidewalk area for pedestrian traffic
shall be maintained at all times as indicated on the
aforementioned plan.
6. There shall be no music, dancing or other entertainment offered
within the dining area.
7. The emergency egress gate is to open out only. It shall be five
feet wide and used for emergency exit purposes only.
If the property owner fails to meet the conditions of this section, upon
written notice to the operator of the restaurant, then if such conditions are
not met within ten (10) days after receipt of said notice, this Special Use
93-zO-sU-E1-s-759
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 240 Oakbrook Center
Page 3
Permit shall automatically terminate and be of no further force or effect.
Section 5: That this Ordinance is limited and restricted to the
property presently occupied by Maggiano's Restaurant located at 240 Oakbrook
Center, Oak Brook, Illinois.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of July , 1993.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner
Nays: None
Absent: None
Abstain: None
APPROVED THIS 13th day of July , 1993.
Village President
ATTEST:
Village Clerk
Appr ed as to Form:
Village Attorney
Published
Date Paper
Not Published XX