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S-881 - 06/10/1997 - SPECIAL USE - Ordinances 97-ZO-SU-S-881 AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS (Papagus Oak Brook Limited Partnership, 270 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 270 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 which is located in the B-2 Regional Shopping Center District, and the beneficial owner of said property has approved said application; and WHEREAS, Section VIII (D) (2) (f) of the Oak Brook Zoning Ordinance permits outdoor dining areas adjacent to restaurants as a special use in the 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 April 21, 1997, 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 May 6, 1997, 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 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 Section VIII (D) (2) (f) be and is hereby granted for the use of an outdoor dining area adjacent to a restaurant at 270 Oakbrook Center, which Center is legally described as follows: 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 a 97-ZO-su-s- 881 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 270 Oakbrook Center Page 2 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 granted is specifically subject to the following conditions: 1. That the outdoor dining area shall be developed and used in substantial conformity with the Exterior Seating Plan by Aria Group Architects, Inc. dated June 10, 1997. 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. No more than 80 seats are permitted in said area. 2. That the barrier system delineating the dining area be substantially similar to either the system approved in Ordinance S-759 adopted by this Board on July 13,1993, or Ordinance S-853 adopted by this Board on August 13, 1996, at the option of the restaurateur. No signage, including banners, may be placed in the outdoor dining area. 3. That in October of each year this Special Use Permit is in effect, all outdoor equipment, including the railing, shall be removed and plugs shall be placed in any holes in the sidewalk to return the area to the condition it was in prior to outdoor dining operations. 4. That the restaurant operator shall be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable DuPage County Health Department requirements. 5. That not less than a six-foot sidewalk area for pedestrian traffic shall be maintained at all times as indicated on the aforementioned plan. 6. That there shall be no live music, dancing or other entertainment offered within the dining area. 7. That the emergency egress gate shall open out only. Each pair of 2/6" gates are equal to and shall be a total of five (5) feet in width. 8. That access to the Papagus outdoor patio area shall be through Papagus restaurant only. If the property owner fails to meet any of the conditions of this section, upon written notice to the operator of the restaurant, then if such condition or conditions are not met within ten (10) days after receipt of said notice, this Special Use 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 Papagus Oakbrook Limited Partnership located at 270 Oakbrook Center, Oak Brook, Illinois. 97-zO-SU-s-881 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 270 Oakbrook Center Page 3 Section 6: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 10th day of June, 1997. Ayes: Trustees Bartecki, Caleel, McInerney, Savino and Shumate Nays: None Absent: Trustee Kenny Abstain: None APPROVED THIS loth day of June, 1997. U!1 ' � -. - q fllage President .. ATTE5T_� `✓�� 1Fn`t� e k Ply, t as to Form: Village Attorney Published Date Paper Not Published XX Ii PAPAGUS INDEX PAGE CONTENTS Ordinance 97-ZO-S-881 - Passed - 6-10-97 (Special Use) Board of Trustees Meeting Minutes dated 6/10/97 Board of Trustees Meeting Minutes dated 5/27/97 14-14a Informational Memo from Hawk to Board of Trustees dated 5/21/97 13 Amended Exhibit B, dated 4/21/97 12 Recommendation Letter from�� Zoning Board of Appeals Chairman to Board of Trustees dated 5/12/97 and Zoning Board of Appeals dated 4/22/97 11-11a Zoning Board of Appeal Meeting Minutes dated 5/6/97 10 Recommendation Letter from Plan Commission Chairman to Board of Trustees and Zoning Board of Appeals dated 4/22/97 9-9a Plan Commission Meeting Minutes dated 4/21/97 8 Informational Memo to Plan Commission and Zoning Board of Appeals from Hawk dated 4/7/97 7 Resident Letter to Homeowner Associations 4/9/97 6 Certificate of Publication dated April 9, 1997 5 Letter to Petitioner re: Meeting Dates dated 3/31/97 4 Board of Trustees Referral Meeting Minutes dated 3/25/97 3 Referral Memo to Board of Trustees from Hawk dated 3/25/97 2-2b Special Uses, Zoning Ordinance, Section XIII, (J) (pgs. 971-973) 1-1a B-2, Special Uses, Zoning Ordinance, Section VIII (2) (pgs. 910-911) A-A1 Application/Petition - Special Use B Fee/Receipt C Transmittal Letter D Legal Description E Standing on Property along with Urban Retail Properties review of plans F Site Plan G Architectural Plans revision dated 3/31/97 (CP-1) (included - not attached) VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES May 6, 9997 1. CALL TO ORDER i The meeting was called to order at 7:34 p.m. MEMBERS PRESENT: Chairman Champ Davis Members Louis Aldini Richard Ascher Adam Butler Hans Hasen MEMBERS ABSENT: Dorothy Dosedlo Manu Shah A quorum was present. 11. APPROVAL OF MINUTES Member Hasen moved, seconded by Member Ascher, to waive the reading of the April 1, 1997, regular Zoning Board of Appeals meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion carried. r W. PAPAGUS - 270 OAKBROOK CENTER- SPECIAL USE- OUTDOOR DINING r en Moskowitz, Papagus, General Manager reviewed their Special Use request. JMB and their architect have devised a plan that will blend the proposed patio in with the existing design and color scheme of the restaurant. As requested by JMB they will install sturdy wood rails and planters that will be anchored into the pavement; it will mirror Maggiano's design exactly. There will be no outside music and no additional lighting. They will comply with all requirements the Village has previously required for outdoor dining. Chairman Davis asked if there will be seating on both sides of the entrance and was told there would be. He also questioned and was told that it would not impede the traffic flow on the pedestrian walkway. Member Ascher expressed safety concerns in the change from wrought iron to wood rails. Moskowitz said that the Plan Commission also expressed concern of a car possibly leaving the roadway and although no barrier could prevent a car from entering the dining area, it is a secondary roadway and the traffic flow is 10-15 mph. Chairman Davis said and was confirmed by Moskowitz that the traffic is less substantial than Maggiano's. ZONING BOARD OF APPEALS Minutes May 6, 1997 IN 10/ 0 • Member Hasen questioned the number of seats, and was told there will be 80 seats outside and 234 inside, a total of 314. Moskowitz told him it would be highly unlikely they would always be used, especially during the week. Friday and Saturday nights they may reach capacity. No one in the audience spoke in favor of or in opposition to the request. The proposed dates of operation are on page A-1 of the file with a correction to change it to read from April 16 to October 15 of each year. Also, the type of material for the perimeter structure was defined as being wood. The file documents had referred to both wood and wrought iron for this structure. Chairman Davis said that the Plan Commission has recommended approval subject to the conditions set forth on A-1. He said that the petitioner has addressed the factors necessary to recommend approval of the Special Use and it is designed to protect the public health safety and welfare, and without substantial injury to surrounding properties. Member Aldini moved, seconded by Member Butler, to recommend for approval the Special Use Outdoor Dining as requested by the Petitioner, including the conditions on page A-1 of the file as amended. ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen, and Davis Nays: 0 - None. Absent: 2 - Dosedlo and Shah. Motion Carried. IV, WDONALD'S - 2915 JORIE BLVD. - ORA-3 DEVELOPMENT PLAN AMENDMENT AND SPECIAL USE- HELIPORT Jack Lawlor, Sonnenschein Nath & Rosenthal, attorney for McDonald's reviewed their request which had been given a favorable recommendation by the Plan Commission. He advised the Members that the requested site is in a wooded isolated area on McDonald's 75-acre South Campus. It will be a modest facility, the landing pad will be a 25x25 paved area and there will be no maintenance or fueling on the site. McDonald's need a helicopter to meet its transportation needs, they do not own a helicopter and will use a leasing service. So much of management travel has become international that there is a need to have a heliport located at McDonald's Headquarters. Over the period of a year usage will not exceed four(4) operations per week, an operation being a takeoff and landing. The Special Use will only be used by the applicant, and the only other use for the heliport will be for Village emergency services. If approved, they will release the existing heliport approval at the North Campus at 2111 McDonald's Drive. They are not seeking any variations to the Ordinance. In response to Plan Commission recommendations they have agreed to site specific conditions. (see page 1.1 of the file). Lawlor said they had agreed with the Plan Commission to a maximum of six passengers, but wanted to clarify that along with the air crew, it would bring the number to 8 persons in the helicopter. Also, some 12,000 pound charter models could have configurations that would accommodate 10 people, so under any circumstances, they will not exceed FAA regulations. Joe Antunovich, Antunovich Associates, planner for McDonald's said that the Illinois Department of Transportation, Division of Aeronautics (IDOT) and Federal Aviation Administration (FAA) must approve requests for a heliport. He reviewed the flight patterns and diagrams showing the paths of helicopter take off and landing changes as recommended by the Plan Commission. (drawing numbered HP-8, dated April 24, 1997). ZONING BOARD OF APPEALS Minutes May 6, 1997 2 PAPAGUS INDEX PAGE CONTENTS 14-14a Informational Memo from Hawk to Board of Trustees dated 5/21/97 13 Amended Exhibit B, dated 4/21/97 12 Recommendation Letter from Zoning Board of Appeals Chairman to Board of Trustees dated 5/12/97 and Zoning Board of Appeals dated 4/22/97 11-11a Zoning Board of Appeal Meeting Minutes dated 5/6/97 10 Recommendation Letter from Plan Commission Chairman to Board of Trustees and Zoning Board of Appeals dated 4/22/97 9-9a Plan Commission Meeting Minutes dated 4/21/97 8 Informational Memo to Plan Commission and Zoning Board of Appeals from Hawk dated 4/7/97 7 Resident Letter to Homeowner Associations 4/9/97 6 Certificate of Publication dated April 9, 1997 5 Letter to Petitioner re: Meeting Dates dated 3/31/97 4 Board of Trustees Referral Meeting Minutes dated 3/25/97 3 Referral Memo to Board of Trustees from Hawk dated 3/25/97 2-2b Special Uses, Zoning Ordinance, Section XII1, (J) (pgs. 971-973) 1-1a B-2, Special Uses, Zoning Ordinance, Section VI 11 (2) (pgs. 910-911) A-A1 Application/Petition - Special Use B Fee/Receipt C Transmittal Letter D Legal Description E Standing on Property along with Urban Retail Properties review of plans F Site Plan G Architectural Plans revision dated 3/31/97 (CP-1) (included - not attached) GOOF OAKS • O N G O 4 �COUNt�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO May 21, 1997 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Development \ SUBJECT: Papagus - 270 Oakbrook Center Special Use - Outdoor Dining Action Suggested by the Plan Commission and Zoning Board of Appeals Recommendation The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals by a vote of 5 to 0 have recommended approval of the Papagus Special Use request for"outdoor dining adjacent to a restaurant." If it is your wish to proceed toward approval of this request, it would be appropriate to pass a voice motion authorizing Attorney Martens to draft the necessary ordinance including the list of conditions described on Exhibit B of the submittal as amended and attached with this memorandum. Background This request is essentially the same as the previously approved "outdoor dining" Special Uses. There has been no public testimony in opposition to the request and our experience with the other outdoor dining facilities does not indicate any problems that would preclude further approvals. The Plan Commission did discuss the safety aspect with respect to nearby vehicular traffic, however, I would again point out the following: 1. The perimeter barriers around these outdoor dining areas are equivalent in protection as a typical glass and aluminum frame storefront. May 21, 1997 President Bushy and Board of Trustees RE: Papagus Page Two 2. The locations that have been approved and including this one are adjacent to a secondary circulation road in the Oakbrook Center. 3. To provide a physical barrier that would effectively stop a motor vehicle would not be easily accomplished-and still provide the ability to remove the outdoor dining area when it is not in use. 4. 1 am not aware of any construction standards or codes that would provide a basis for such requirements. Outdoor dining areas without barriers of any kind are common everywhere. The conditions suggested are the same as those applied to the other"outdoor dining" Special Uses. TRH/gp cc: Petition files lq-a EXHIBIT B -AMENDED to Application for Special Use PAPAGUS CAFE OAKBROOK Approval of a Special Use for outdoor dining annually for the period April 16 to October 15 inclusive at the location depicted on the EXTERIOR PLAN prepared by Aria Group Architects, Inc. dated March 10, 1997, subject to the following conditions: 1. Said area shall be developed and used in substantial conformity with said Exterior Seating Plan and access thereto shall be through Papagus Oakbrook only. 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. Not more than 80 seats are permitted in said area. 2. The wood railing delineating the dining area shall be securely mounted and shall be of sufficient weight to provide a stable barrier. No signage, including banners, may be placed on the railing. 3. In October of each year this Special Use Permit is in effect, all outdoor equipment, including the railing shall be removed and plugs shall be placed in any 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 and shall comply with all applicable DuPage County Health Department requirements. 5. Not less than a six-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 any other entertainment offered within the outdoor dining area. 7. The emergency egress gates shall open out only. Each pair of 2'6" gates are equal to and shall be a total of five (5) feet in width. 8. Access to the Papagus outdoor patio area shall be through Papagus restaurant only. AMENDED April 21, 1997 /3. • O�OF OAir �wvP' 9OO'P O H G p 4 9C `vim �COUNt�` VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 May 12, 1997 President Bushy and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: Papagus - 270 Oakbrook Center Special Use - Outdoor Dining Dear President Bushy and Board of Trustees: The Zoning Board of Appeals at their meeting on May 6, 1997, held the public hearing for the Papagus Special Use petition for"outdoor dining adjacent to a restaurant." This request is essentially the same as the other outdoor dining areas in Oakbrook Center. The petitioner has committed to comply with a set of conditions that are based on those previously approved for other restaurant outdoor dining areas (see page A-1 of the file). The permitted opening dates requested have been amended to read from April 16 to October 15, instead of May 1 to October 15 as shown on page A-1. This is consistent with the other approved outdoor dining areas. There was no public comment or testimony regarding the proposal. The Zoning Board of Appeals by a vote of 5 to 0, passed a motion recommending approval. The motion included the finding that the proposed Special Use is in compliance with the Special Use standards and the conditions contained on page A-1 of the file. Very truly yours, Champ.Oavis Chairman Zoning Board of Appeals cc: Petition file i VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES May 6, 1997 1. CALL TO ORDER The meeting was called to order at 7:34 p.m. MEMBERS PRESENT: Chairman Champ Davis Members Louis Aldini Richard Ascher Adam Butler Hans Hasen MEMBERS ABSENT: Dorothy Dosedlo Manu Shah A quorum was present. II. APPROVAL OF MINUTES Member Hasen moved, seconded by Member Ascher, to waive the reading of the April 1, 1997, regular Zoning Board of Appeals meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion carried. 111 PAPAGUS - 270 OAKBROOK CENTER - SPECIAL USE- OUTDOOR DINING Len Moskowitz, Papagus, General Manager reviewed their Special Use request. JMB and their architect have devised a plan that will blend the proposed patio in with the existing design and color scheme of the restaurant. As requested by JMB they will install sturdy wood rails and planters that will be anchored into the pavement; it will mirror Maggiano's design exactly. There will be no outside music and no additional lighting. They will comply with all requirements the Village has previously required for outdoor dining. Chairman Davis asked if there will be seating on both sides of the entrance and was told there would be. He also questioned and was told that it would not impede the traffic flow on the pedestrian walkway. Member Ascher expressed safety concerns in the change from wrought iron to wood rails. Moskowitz said that the Plan Commission also expressed concern of a car possibly leaving the roadway and although no barrier could prevent a car from entering the dining area, it is a secondary roadway and the traffic flow is 10-15 mph. Chairman Davis said and was confirmed by Moskowitz that the traffic is less substantial than Maggiano's. ZONING BOARD OF APPEALS Minutes May 6, 1997 1 �s/. Member Hasen questioned the number of seats, and was told there will be 80 seats outside and 234 inside, a total of 314. Moskowitz told him it would be highly unlikely they would always be used, especially during the week. Friday and Saturday nights they may reach capacity. No one in the audience spoke in favor of or in opposition to the request. The proposed dates of operation are on page A-1 of the file with a correction to change it to read from April 16 to October 15 of each year. Also,the type of material for the perimeter structure was defined as being wood. The file documents had referred to both wood and wrought iron for this structure. Chairman Davis said that the Plan Commission has recommended approval subject to the conditions set forth on A-1. He said that the petitioner has addressed the factors necessary to recommend approval of the Special Use and it is designed to protect the public health safety and welfare, and without substantial injury to surrounding properties. Member Aldini moved, seconded by Member Butler, to recommend for approval the Special Use Outdoor Dining as requested by the Petitioner, including the conditions on page A-1 of the file as amended. ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen, and Davis Nays: 0 - None. Absent: 2 - Dosedlo and Shah. Motion Carried. IV. McDONALD'S - 2915 JORIE BLVD. - ORA-3 DEVELOPMENT PLAN AMENDMENT AND SPECIAL USE- HELIPORT Jack Lawlor, Sonnenschein Nath & Rosenthal, attorney for McDonald's reviewed their request which had been given a favorable recommendation by the Plan Commission. He advised the Members that the requested site is in a wooded isolated area on McDonald's 75-acre South Campus. It will be a modest facility,the landing pad will be a 25x25 paved area and there will be no maintenance or fueling on the site. McDonald's need a helicopter to meet its transportation needs, they do not own a helicopter and will use a leasing service. So much of management travel has become international that there is a need to have a heliport located at McDonald's Headquarters. Over the period of a year usage will not exceed four(4) operations per week, an operation being a takeoff and landing. The Special Use will only be used by the applicant, and the only other use for the heliport will be for Village emergency services. If approved, they will release the existing heliport approval at the North Campus at 2111 McDonald's Drive. They are not seeking any variations to the Ordinance. In response to Plan Commission recommendations they have agreed to site specific conditions. (see page 11 of the file). Lawlor said they had agreed with the Plan Commission to a maximum of six passengers, but wanted to clarify that along with the air crew, it would bring the number to 8 persons in the helicopter. Also, some 12,000 pound charter models could have configurations that would accommodate 10 people, so under any circumstances, they will not exceed FAA regulations. Joe Antunovich, Antunovich Associates, planner for McDonald's said that the Illinois Department of Transportation, Division of Aeronautics (IDOT) and Federal Aviation Administration (FAA) must approve requests for a heliport. He reviewed the flight patterns and diagrams showing the paths of helicopter take off and landing changes as recommended by the Plan Commission. (drawing numbered HP-8, dated April 24, 1997). ZONING BOARD OF APPEALS Minutes May 6, 1997 2 G�oF OgKe • vP QUO O N G � COUNT" VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 April 22, 1997 President Bushy and Board of Trustees Zoning Board of Appeals Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: Papagus -270 Oakbrook Center-Special Use -Outdoor Dining Dear President Bushy, Board of Trustees, and Zoning Board of Appeals: A their meeting on April 21, 1997, the Plan Commission reviewed and made a recommendation for Papagus' request for approval of a Special Use for"Outdoor Dining." The Papagus restaurant is located in the Oakbrook Center in the area between Neiman Marcus and Maggiano's restaurant. There was no public testimony regarding this request. The proposed dates of operation as shown on page A-1 of the file and were corrected to read from April 16 to October 15 of each year. Also, the type of material for the perimeter structure was defined as being wood. The file documents had referred to both wood and wrought iron for this structure. One of the Plan Commission Members requested that the perimeter structure be built as solidly as possible to act as a barrier in the event of an automobile mishap. The Plan Commission by a vote of 6 to 0 approved a motion recommending approval and including the conditions on page A-1 of the file as amended. Very truly yours, Stelios Aktipis Chairman Plan Commission cc: Petition file VILLAGE OF OAK BROOK PLAN COMMISSION MINUTES April 21, 1997 L CALL TO ORDER The meeting was called to order at 7:35 p.m. MEMBERS PRESENT: Chairman Stelios Aktipis Members Stephen Allen (arrived at 7:40 p.m.) Samuel Girgis Surendra Goel George Mueller Anthony Tappin MEMBERS ABSENT: David Pequet ALSO PRESENT: Director of Community Development Tom Hawk A quorum was present IL APPROVAL OF MINUTES Member Mueller moved, seconded by Member Tappin, to waive the reading of the March 17, 1997, Plan Commission Meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion passed. 111.1 PAPAGUS - 270 OAKBROOK CENTER - SPECIAL USE- OUTDOOR DINING Len Moskowitz, Papagus, General Manager reviewed their Special Use request. The proposed patio will blend in with the existing design of the restaurant, along with blue canopies. They plan to install sturdy wood rails and planters that will be anchored into the pavement, similar to Maggiano's. There will be no outside music and no additional lighting. They will comply with all requirements the Village has previously required for outdoor dining. Member Tappin expressed his concerns for the safety of the outdoor diners. He said it appeared that a wood rail barrier was not sufficient to protect them from an automobile in case of an accident. He requested that the perimeter structure be built as solidly as possible. Hawk noted that glass is the only protection for diners inside the restaurant and the planters outside have been considered equivalent in safety as the glass facade. Member Mueller added that the barrier is only as safe as the bolt anchored in the concrete, and no matter what you anchor it to, it will not be strong enough to stop a vehicle. Chairman Aktipis questioned the breakdown on the number of seats; Moskowitz said that there will be 234 inside the restaurant and a maximum of 80 outside in the cafe. PLAN COMMISSION Minutes APRIL 21, 1997 1 f No one in the audience spoke in favor of or in opposition to the request. The proposed dates of operation are on page A-1 of the file with a correction to change it to read from April 16 to October 15 of each year. Also, the type of material for the perimeter structure was defined as being wood. The file documents had referred to both wood and wrought iron for this structure. Member Goel moved, seconded by Member Mueller, to recommend for approval the Special Use Outdoor Dining as requested by the Petitioner, including the conditions on page A-1 of the file as amended. ROLL CALL VOTE: Ayes: 6 -Allen, Girgis, Goel, Mueller, Tappin, and Aktipis Nays: 0 - None. Absent: 1 - Pequet. Motion carried. Hawk questioned the Commission, that during the process of updating the Zoning Ordinance, if they would feel comfortable on changing the Special Use provision for outdoor dining to a permitted use, based on the conditions that have been established over the last several years. Tappin questioned being able to make sure the barrier is strong enough to protect the public from automobile accidents. Hawk noted that as a Building Official there are no standards available to date, that he can enforce in the Building Code that will ensure construction that can stop an automobile. The general consensus on the question of changing the Special Use to a permitted use with specified criteria was positive. V. MCDONALD'S - 2915 JORIE BLVD. - ORA-3 DEVELOPMENT PLAN AMENDMENT AND SPECIAL USE- HELIPORT Jack Lawlor, Sonnenschein Nath & Rosenthal, attorney for McDonald's reviewed their request. He advised the Members that the requested site is in a wooded isolated area on the corporate campus. The landing pad will be a 25x25 paved area and there will be no maintenance or fueling on the site. McDonald's does not own a helicopter and will use a leasing service. So much of management travel has become international that there is a need to have a heliport located at McDonald's Headquarters. Over the period of a year usage will not exceed four(4) operations per week, an operation being a takeoff and landing. The only other use for the heliport will be for Village emergency services. McDonald's will release the rights for the existing Special Use permit for the heliport at Plaza I, 2111 McDonald's Drive. They will comply with the Zoning Ordinance and will not seek any variations. They addressed the Zoning Ordinance standards for heliports on pages D-2 through D-4 of the file and will comply with conditions set forth on page D-5 of the petition file. Joe Antunovich, Antunovich Associates, planner for McDonald's submitted a revision to the site plan and heliport details, (drawing numbered HP-9, dated April 21,1997). He advised the Members that since speaking with representatives of Butler Golf Course, they will further revise the secondary approach path adjusting the line to avoid passing over the golf course. The service drive that travels to the heliport is used infrequently and McDonald's Security will be present on site while the helicopter is landing and taking off; they are doing this in addition to Federal mandates. PLAN COMMISSION Minutes APRIL 21, 1997 2 0"'0. • vvpGE pF Oqk eqC O N C � 4 t1 r� 9C�COUNt�'`� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 April 22, 1997 President Bushy and Board of Trustees Zoning Board of Appeals Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: Papagus -270 Oakbrook Center-Special Use -Outdoor Dining Dear President Bushy, Board of Trustees, and Zoning Board of Appeals: A their meeting on April 21, 1997, the Plan Commission reviewed and made a recommendation for Papagus' request for approval of a Special Use for"Outdoor Dining." The Papagus restaurant is located in the Oakbrook Center in the area between Neiman Marcus and Maggiano's restaurant. There was no public testimony regarding this request. The proposed dates of operation as shown on page A-1 of the file and were corrected to read from April 16 to October 15 of each year. Also, the type of material for the perimeter structure was defined as being wood. The file documents had referred to both wood and wrought iron for this structure. One of the Plan Commission Members requested that the perimeter structure be built as solidly as possible to act as a barrier in the event of an automobile mishap. The Plan Commission by a vote of 6 to 0 approved a motion recommending approval and including the conditions on page A-1 of the file as amended. Very truly yours, Stelios Aktipis Chairman Plan Commission cc: Petition file yPG�OF 04K4o O N G O r VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO April 7, 1997 TO: Plan Commission and Zoning Board of Appeals FROM: Tom Haw�f SUBJECT: Papagus - 270 Oakbrook Center Special Use - Outdoor Dining Area Adjacent to a Restaurant This petition request is for Special Use approval of a 80-seat maximum outdoor dining area adjacent to the Papagus Restaurant in the Oakbrook Center. Papagus is located along the south perimeter of the Center in the area to the north of Nieman Marcus. The proposal is similar in nature and scope to the previously approved "Outdoor dining area" for the Maggiano's and Stir Crazy Restaurants. The list of conditions submitted by the petitioner (see page A-1 of this file) is based on the conditions developed for the previously approved Outdoor Dining Special Uses. This category.of Special Use was established in 1993 and the Village has approved four restaurants for its use - Maggiano's, Zarrosta's, J. Alexander's, and Stir Crazy. We have not had any problems with these outdoor dining areas. If it is your wish to recommend approval of this request, it would be appropriate to include in your motion the conditions to be imposed and your findings with respect to the Special Use Standards in the Zoning Ordinance (see page 2-b of this file). TRH/gp cc: Petition files 80 PG@ OF 04k 9q G N O 4 � FCOUNI'I, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 April 9, 1997 Dear Resident: Board of Appeals, and the Village Board will be considering a Special Use at meetings as schedule The Oak Brook Plan Commission, Zoning d on the reverse side of this notice. The application has been filed by Papagus Oak Brook Limited Partnership 270 Oakbrook Center, Oak Brook, Illinois 60521 Relationship of applicant to property Lessee of Space 270 The property in question is located at: 270 Oakbrook Center, Oak Book, Illinois 60521 Also shown on the reverse side of this notice is a map*of the area to assist you in determining your relationship to the property in question. The request which has been made is as follows: The petitioner is seeking approval of a Special Use to allow an outdoor dining area adjacent to the Papagus restaurant in Oakbrook Center. If you desire more detailed information, please contact me at the Building Department to review the file on this application. I look forward to your attendance at the public hearings. Very truly yours, Thomas R. Hawk Director of Code Enforcement TRH/gp cc: petition file 0 0 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Michael Crotty, the Village's ADA Coordinator, at(630) 990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31 st Street) and Spring Road, Oak Brook, Illinois. Plan Commission . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Monday, April 21,1997 Zoning Board of Appeals . . . . . . . . . . . . . 7:30 p.m., Tuesday, May 6, 1997 Board of Trustees . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday,May 27, 1997** **Tentative ORA bf J 162 I.I N• ❑ 3 - �1;� o z L �_ _ Rml:/ .e 4 ET 6T 5. 1H $TRE _ STEE EY 2� \ _� 11 ✓' I. / a a a B`=112 \ SUBJECT l g' z / Oakbrook PROPERTY IN QUESTION Center "R ORA 3 z o 0jkA = 1 : = O 5 ' —22ND STREET —c B lu i ,III *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property. i 0 Legal CERTIFICATE OF PUBLICATION Notices Paddock Publications, Inc. DEADLINE: 11 AM,2 days before publication L- 111 Public Notice Daily Herald NOTICE IS HEREBY GIVEN �+ that a public hearing before the Daily Herald Values Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois,will be held on May 6,1997 at 730 pm..in the Oak Brook Village HaO 12o0 oak Brook Road, A Corporation organized and existing under and by virtue of the laws of the Oak Brook,Illinois,for the ppur- pposeofconside"ngtheapplica- iledPPnershi Oak Brook Lim State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the ited Partnership,270 Oakbrook p Center, Oak pp Brook, Illinois vdedlundeSSectioln XIIa(J`o+ DAILY HERALD. That said DAILY HERALD is a secular newspaper the Zoninq Ordinanceofthe�il- lage of Oa-k Brook,Illinois,Ordi- and has been published daily in the Village of Oak Brook nance G-60,as amended. This proposal is also being reviewed by the Plan Commis- County(les) of sion at their meeting on April 21, 1997,at the same location. v The property may be gener- DUPabe and State of Illinois, all described as 270 Oakbrook Center,Oak Brook,Illinois,and continuously for more than one year prior to the date of the first publication 0004-ege-£LL 'ejnliwnj ue6oyew 'sezuaq g salglew ,5n1 leluauo 'sbu1luied 110 of the notice hereinafter referred to and is of general circulation throughout S3f1011NV Ang 3M !£7E 6S -Lb8's)l0eu 01u f said Village, County(ies) and State. N-�I N - tiauod s uilWed,.wndPlO'eu140 Hsse10'.18A11S'/ulamar'lels/uD Oldd S301dd IS39 1.61£-9et,-LV8 do-N01d g Sao" I further certify that the DAILY HERALD is a newspaper as defined in "an io1 wnesnw II MM Pauueld o;spioms g asaued 1einweg efyuew�aD I/U1 Sadit; y $n Act to revise the law in relation to notices" as amended in 1992 Illinois *Sa1N3Anos m i Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. 9100-652/Lt78's1H-IJV'II19Jo f �ql!?A$dO1'0la'W0IO's o1 sll0O'su9ul-1'srOeN-X01N'/Jle - .nnaf• OliN wn0 0 10 1V$ - That a notice of which the annexed printed slip is a true copy, was $3f1011Nb d0 010 lid$ Ana 01 PBIUBM-961 published April 9, 1997 i;VL6-099-Lb8 auleled-Old in said DAILY HERALD. $$a0ueiealo le swelsAs Ilb' 330%09 3HVmi=IOS lib' 6££8-809-Lt,8'009f$'s8we6 'Jags!lgnd '80!40 '961-11M'Sdfl 'OH 8J£'l 0ep1A IOd IN WITNESS WHEREOF, the undersigned, the said PADDOCK 'Jluw 91 03N 'wepowyne Odds 991.d Slal lOxalald oo PUBLICATIONS, Inc., has caused this certificate to be signed by q3'juawdmb3`siaindwoO-E6[ MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois. 4L80-L£6-L78'oqo/o9b$ 'Jabueu0 DSIo 7.UM IINn PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS Sr,BY1 ,� �/� ! a/' ssist n^ reasur V Control # 830344 r GOOF oAKe v t� p fA G O q `e1 9C�COUNT� `yy V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0376 March 31, 1997 Ms. Susan J. Vibert Director of Licensing and Permits Lettuce Entertain You Enterprises, Inc. 5419 N. Sheridan road Chicago, IL 60640 RE: Papagus - Special Use Permit for Outdoor Dining Dear Ms. Vibert: The Village Board of Trustees, at their meeting of March 25, 1997, has referred the above petition to the Plan Commission for review and recommendation on April 21, 1997, and to the Zoning Board of Appeals for public hearing on May 7, 1997. Both meetings will begin at 7:30 p.m. and are held in the Samuel E. Dean Board Room of the Village Hall located at 1200 Oak Brook Road, Oak Brook, Illinois. Someone who will be able to answer questions regarding the plans submitted and the operation of the restaurant is required to be present at these meetings. Please call if you have any questions. Sincerely, Thomas R. Hawk Director of Community Development TRH/gp cc: Petition file S B. APPROVAL OF PAYROLL: Approved Omnibus Vote. PAYROLL - $291,558.80(gros: C. CHANGE ORDERS: None. D. PAYOUTS: PAYOUTS: 1. JAMES J B N S & ASSOCIATES. INC. - PAYOUT 417 1996 1996 PAVING PAVING PROJECT - CONSTRUCTION INSPECTION - PROJECT $3.342,29: Approved Omnibus Vote. 2. JAMES J BENES & ASSCIATES INC - PAYOUT 424 & 1995 PAVING FINAL - 1995 PAVING PROJECT - CONSTRUCTION S250,61 : PROJECT Approved Omnibus Vote. 3. JAMES J BENES BEN & ASSOCIATES. INC. PAYOUT # 1997 1997 PAVING PAVING PROJECT- DESIGN - S5.251.15: Approved Omnibus PROJECT Vote. C' REFERRALS: REFERRALS: 1�;'PAPAGUS (270 OAKBROOK CENTER) - SPECIAL - PAPAGUS - ` -' OUTDOOR DINING -- FF R TO P AN OMMI IO\' SPECIAL USE - MEETING OF APRIL 2 1 1997 AND ZONING BOARD OF OUTDOOR DINING APPEALS MEETING OF MAY 6, 1997: Approved Omnibus (270 Oakbrook Vote. Center) 2. MC DONALD'S (2915 JORJE BOULEVARD) - AMEND OR-A-3 MCDONALD'S - DEVEL.OPMENT PLAN ETC. AND SPECIA A-MENiD ORA-3 HELIPORT-- REFER TOP AN COMMISSION MEETING OF DEVELOPy�r-.NT PLAN, APRIL 21, 1997 AND ZONING BOARD OF APPEALS S ETC. A2N SPECIAL MEETING OF MAY 6 USE - HELIPORT 1997: Approved Omnibus Vote. (2915 Jorie Blvd. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No Business. G. ACCEPT AND PLACE ON FILE - TREASURER'S RFPORT OF TREASURER'S FEBRUARY. 1997: Approved Omnibus Vote. REPORT - FEBRUARy, 1997 H. ACCEPTANCE OF WATER MAIN EASEMENT(19 W 010 WATER SLAIN AVENUE CHATEAUX NORTH) - THE SANCTURAY EASEMENT (19 W SUBDIVISION LOOP MAIN: Approved Omnibus Vote. 010 Ave-Chateaux North) - The 6. ITEMS REMOVED FROM ONINIBUS AGENDA: None. Sanctuary Sub. Loop Main VILLAGE OF OAK BROOK Minutes 2 of 7 March 25, 1997 s • GOOF 04Ke C H 4 `2C '4CF `w COUNO' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO March 19, 1997 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Code Enforcemen SUBJECT: Referral - Papagus - 270 Oakbrook Center Special Use - Outdoor Dininq We have received a petition from Papagus Oak Brook Limited Partnership for a Special Use for outdoor dining at their restaurant in the Oakbrook Center. Please refer this request to the Plan Commission for review at their meeting on April 21, 1997 and to the Zoning Board of Appeals for public hearing at their meeting on May 6, 1997. TRH/gp cc: Petition files 3. Use APPENDIX A—ZONING Sec. XIII report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applica- ble Illinois Statutes, or may refer it back to the Boards for further consideration. (5) Re-Applications: Any person, firm, or corporation having been denied an amendment to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like amendment on said real property until the period of one (1) year has elapsed since the denial of the application for amendment by the President and Board of Trustees. (Ord. No. G137, 9-14-71} Special Uses. (1) Purpose: The development and execution of the zoning ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two categories: (a) Uses operated by public agency or publicly-regu- lated utilities, or uses traditionally affected with a public interest. (b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condomini- ums and other residential developments. (Ord. No. G66, 12-19-66) 971 i i • Sec.XIII OAK BROOK CODE (2) Authority: Special uses shall be authorized or denied by the Village Board in accordance with the Statutes of the State of Illinois applicable to amendments of this ordinance, and the regulations and conditions set forth in this ordinance for special uses. No application for a special use shall be acted upon by the Village Board until after: (a) A written report is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and (b) A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable Statutes of the State of Illinois for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. (3) Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intended to request a zoning certificate. (4) Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed thereto- fore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this ordinance. (Ord. No. 6-66, 12-19-66) , (5) Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing,-may authorize or deny an application for a special use in accordance with the Statutes of the State of Illinois applicable to amend- ments, or may refer it back to the Board of Appeals and the Plan Commission for further consideration. 972 APPENDIX A—ZONING Sec. XIII No special use shall be authorized by the Village Board unless the special use: (a) If of the type described in Section XIII(J)(1)(a), is deemed necessary for the public convenience at that location; (Ord. No. G-66, 12-19-1966) (b) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and (c) Would not cause substantial injury to the value of other property in the neighborhood in which it is located. (6) Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village .Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off- street parking and loading as may be deemed necessary to promote the general objectives of this Ordinance and to minimize the injury to the value of the property in the neighborhood. (K) Fees: Fees for any relief under this Ordinance shall be as otherwise established by separate ordinance. (Ord. No. G-132, 5-25-1971; Ord. No. G-289, § 2, 3-24-1981) (L) Violation, Penalty And Enforcement: (1) Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined not less than twenty five dollars (525.00) nor more than five hundred dollars ($500.00) for each offense. Supp. No. 77 973 'A 0 B-2 Sec-VIII OAK BROOK CODE (aa) Sales and display rooms. (bb) Schools, commercial—business, trade, music and dance. (cc) Service, cleaning and repair shops—for personal, household or garden equipment. (dd) Tailor or dressmaldng shops. (ee) Theaters, except open-air-drive-in establish- ments. (ff) Accessory uses and structures—including storage and service areas within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops and similar facilities that are used solely for operating, servicing or maintaining the activities and improvements within the district. Accessory uses and structures shall also include dwellings occupied by watchmen, janitors, maintenance and similar employees engaged upon the premises; but no dwellings shall be erected for any other j purposes. (2 Special Uses: (a) Amusement establishments—including bowling alleys, gymnasiums,-swimming pools and skating rinks. (b) Public utility, governmental service, and trans- portation uses: (1) Bus turn-arounds and passenger shelters. (2) Fire and police stations. (3) Telephone exchanges and transmission build- ings and equipment, and outdoor telephone booths and pedestals. (4) Sewage and storm water lift stations. (5) Water filtration plants, wells, pumping sta- tions and reservoirs. 910 APPENDIX A—ZONING Sec. VIII 13-2 (c) Community centers. (d) Drive-in banking facility. (Ord. No. S-230, 7-13-71) (e) Day care center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department. (Ord. No. G-454, § 2, 10-9-90) (f) Outdoor dining areas adjacent to restaurants. (Ord. No. G-514, § 3, 7-13-93) (3) Floor Area Ratio: Not to exceed 0.5; provided, however, that with regard to any increase of floor area over 0.3, not more than 121/2% of permissible floor area in excess of 0.3 shall be devoted to office use as permitted under subsection (1)(r) of this Section VM(D). (Ord. No. G-229, § 2, 4-25-78; Ord. No. G-414, § 2, 7-12-88) ( (4) Yards: (a) No structure, other than signs as provided for in Section VIU(D)(5)(b) of this Ordinance, shall be erected or maintained within the following distances: (1) 300 feet from the right of way of 22nd Street or Route 83 (Kingery Expressway); (2) 80 feet from the right of way of any other street; (3) 80 feet from any other district boundary, except when adjacent to a B-1 district, and except that when adjacent to a residence district boundary line, then not within 150 feet of such boundary line; provided however, that the area between a building and the right of way of any street or other district boundary may be occupied by drives, drive-in banking facilities, vehicular parking, sidewalks, Supp. No. 62 911 1 of°,k�'° VI?ILAGE OF OAK BSSOK o} :0 1212 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 +,!cout"10, '.. 990.3045 PETITION APPLICATION FOR PUBLIC HEARING: ZONING ORDINANCE: APPEAL ($100) VARIATION ($300) AMENDMENT ($650) X SPECIAL USE ($400) FLOOD PLAIN: VARIATION ($300) SPECIAL USE ($675) ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE,PLAT OF SURVEY,AND 18 COPIES OF A SCALE DRAWING SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e., PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION,ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. APPLICANT TO COMPLETE LOCATION In Oakbrook Center (Main Level) OF SUBJECT PROPERTY: Oak Brook, IL 60521 PERMANENT PARCEL NO.-06 -23 - 300 032 LOT NO: SUBDIVISION: ADDRESS:270 Oakbrook Center, Oak Brook, IL 60521 ZONING DISTRICT: B-2 ZONING ORDINANCE SECTION: ACTION REQUESTED:_Approval of a Special Use Permit to operate an outdoor patio adjacent to the premises known as Papagus Restaurant, Store 270 Oakbrook Center. Lessee of PROPERTY INTEREST OPiCIT' ORS ac 70 CORACT PURCHASER AGENT a a e ationa ru as Trustee Malle Nati'�B'ank, OWNER(S) OF RECORD not individually, but as Trustee under Trust pgONE NO.312-443-2000 ADDRESS _120 South LaSalle Street. Chicago. Illinois 75 ZIP60603 BENEFICIARY(IES) OF TRUST Oakbrook Urban Venture PHONE NO. Unknown ADDRESS Unknown ZIPUnknown NAME OF APPLICANT Papagus Oak Brook Limited Partnership PHONE NO.(630) 472-9800 (+ BILLING INFOl ADDRESS 270 Oakbrook Center, Oak Brook, Illinois Z�60521 I (we)certify that all of the above statements and the statements contained in any pa r or plans submitted herewith are true to the best of my our lrnov+ledy and belief. Papagus Oa rook, Inc. General Partner Papagus akbroo nc. General Partner _By: S�.L,)O, k. 3/14/97 By: 3/14/97 (Signature) Ap icant Date (Signature licant Date SrLCan _I- V3 Prt- Di rPr-tnr of TA rPnsi n Chat PR _ g _ _p $Pr•rptary f. Ire-qSUrer DO NOT WRITE IN THIS SPACE--FOR OFFICE USE ONLY Date Filed: -7 Board of Trust.Referral: 3/d S/9 7 Staff Referral: Notice Published: A11cj ly 7 Newspaper— Date Adj.Property Owners Notified: Public Hearing Dates: Plan Commission: V"/ Il f 7 Zoning Board: .-AGIS'7 Board of Trustees: SId 71 f 7 Board of Trustees: 61101% -7 (Approval of Ordinan FEE PAID: $ �D Ro6eint No. 3a2_ Received By: SIGNED-VILLAGE CLERK: Date: 3A,0- 7 f zoning.app As EXHIBIT B TO APPLICATION FOR SPECIAL USE PAPAGUS CAFE OAKBROOK Approval of a Special Use for outdoor dining annually for the period May 1 to October 1 inclusive at the location depicted on the EXTERIOR PLAN prepared by Aria Group Architects, Inc. dated March 10, 1997, subject to the following conditions: 1. Said area shall be developed and used in substantial conformity with said Exterior Seating Plan and access thereto shall be through Papagus Oakbrook only. The outdoor dining area may be set up between April 1 and April 15 and may be removed between between October 15 and October 30 for each year this Special Use Permit is in effect. Not more than 80 seats are permitted in said area. 2. The wrought iron railing delineating the dining area shall be securely mounted and shall be of sufficient weight to provide a stable barrier. No signage, including banners, may be placed on the railing. 3. In October of each year this Special Use Permit is in effect, all outdoor equipment, including the railing, shall be removed and plugs shall be placed in any 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 and shall comply with all applicable DuPage County Health Department requirements. 5. Not less than a six-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 any other entertainment offered within the outdoor dining area. 7. The emergency egress gates shall open out only. Each pair of 216" gates are equal to and shall be a total of five (5) feet in width. 8. Access to the Papagus outdoor patio area shall be through Papagus restaurant only. I L-3 Lettuce Entertain You Enterprises, Inc.•As Disbursing Agent For: 70 No.10431490 LETTUCE j ELEIT [ PAPAGUS OAK BROOK NO. ELATE I`IC DATE BANK OF AMERICA ILLINOIS PAY THIS AMOUNT AMOUNT OF CHECK Chicago, Illinois 60697 3/11/97 $***400. DOLLARS 00 CENTS $400.00 (' General Disbursement Account VILLAGE OF OAK BROOK TO THE ORDER 1200 OAK BROOK ROAD _ OF OAK BROOK, IL 60521-2255 qo��1 L .J INITIALS NOT V I r 15,(5dIJ-UAZ§S INITIALED 112 00 4 3 0 4 9011' 1:07 10000391: 49 09 2 013 V CHECK $ CHECKS S CASH INV a DATE NAME G.L.ACCOUNT p ESCRIFTION NUMBER t INVALID E VILLAGE OF OAK BROOK S GNATURE • BUREAU OF INSPECTION 8 09732 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS U PHONE: (708) 990-3000 RETAIN THIS RECEIPT 7"" FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS ♦ ♦♦ r f f # # r • ► f r ♦ r ♦ it lv VIA MESSENGER March 14, 1997 Mr. Thomas Hawk Director, Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521-2255 Re: Application for a Special Use Permit for Outdoor Patio Dining at Papagus Restaurant 270 Oakbrook Center, Oak Brook, I1 60521-2255 Dear Mr. Hawk: Thank you for considering our plans for outdoor patio dining at the Oakbrook Center. We have attached the necessary documents, as follows: a) The Petition application b) Our check in the amount of $400 c) A legal description of the property d) A letter of approval from Oakbrook Center, together with a copy of the cafe plan, marked "Approved as Noted" e) A site plan and, under separate cover, f) A map showing adjacent zoning: 18 copies and g) 18 sets of the exterior seating plans. Further attached is an Exhibit to the application for a Special Use Permit, stating that we will strictly adhere to all existing conditions. Respectfully,rr �� Q. Susan J. bert Director of Licensing and Permits for Papagus Oak Brook Limited Partnership enclosures cc: Lenny Moskowitz, General Manager and Sissie Sappanos °Lettuce Entertain You,Enterprises,Inc.® • 5419 N.Sheridan Road r Chicago, Illinois 60640 Administration • (773)878-7340 • Fax(773)878-7667 Marketing (773)878-7340 • Fax(773)878-1205 Accounting (773)878-5588 • Fax(773)784-8032 /) Human Resources • (773)878-5588 • Fax(773)878-0113 /`�I LEGAL DESCRIPTION OF PROPERTY 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 . PAPAGUS OAK BROOK LIMITED PARTNERSHIP 270 Oakbrook Center Oak Brook, IL. 60521 URBAN LeA March 13, 1997 Aria Group Architects,Inc. 1100 West Lake Street Suite 140 Oak Park,IL 60301 Attn.: Thomas Smiciklas RE: Oakbrook Center TENANT: PAPAGUS SPACE: 272 Thomas: Attached please find one copy of the cafe design for the above restaurant which is"Approved as Noted- do not resubmit". Please note the following conditions of this approval: • Submit a landscaping plan indicating types of plants as well as planting arrangements. All existing plantings must be restored to original condition or replaced as they were damaged during the buildout. • Specifications of all patio furniture must be submitted for approval. • Submit details of the wrought iron work including mounting details. • I strongly suggest the portico from the original design be installed to give"Papagus"the storefront presence it needs. Our approval of the outdoor seating concept is contingent upon all of these conditions. If you have any questions do not hesitate to call. Sincerely, Urban Retail Properties Co. Steve Quarnstrom Senior Design and Construction Coordinator 312/915-3811 312/915-3180 fax cc: R Fleming S. Warsaw S. Ottmann-LEYE Inc. 900 NORTH MICHIGAN AVENUE CHICAGO, ILLINOIS 60611-1582 312/915-1725 • • EXHIBIT A PAPAOUS STORE NO. 270 111 111 111 r• a• •f 14-f�6 f t :t:=: i � f • it i # o If F OAKBRO OK CENTER OAX BROOK, ILLINOIS 602