S-1228 - 03/11/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -SU -S -1228
AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW
OUTDOOR DINING AT THE PROPOSED GIBSONS STEAKHOUSE AT
THE SOUTHEAST CORNER OF SPRING ROAD AND COMMERCE DRIVE
IN THE VILLAGE OF OAK BROOK
(PIN 06 -23- 406 -011)
WHEREAS, an application has been filed by the Gibsons Steakhouse Oak Brook, LLC (the
"Petitioner ") requesting a special use pursuant to Section 13 -1013-2 of the Zoning Ordinance to allow
outdoor dining at the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road
and Commerce Drive, Oak Brook, Illinois, and
WHEREAS, on August 20, 2007, the Plan Commission reviewed the request for the special use
and recommended approval of the special use subject to certain conditions, and
WHEREAS, on February 5, 2008, the Zoning Board of Appeals conducted the required public
hearing on the request for such special use, pursuant to due and appropriate legal notice, and
recommended approval of the special use subject to certain conditions; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the Petitioner
satisfactorily addressed the factors required for approval of the requested special use and made specific
findings, including that the special use would be operated so that the public health, safety and welfare will
be protected, and that there will be no substantial injury to other property in the neighborhood, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the special use, 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
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The Petitioner is hereby granted a special use to allow outdoor dining at the proposed
Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive, Oak
Brook, Illinois subject to the following conditions
A The development is to be in substantial conformance with the approved plans including
the location, size, design and operational guidelines for the outdoor dining area
(Petitioners tab 2 d and pages 29, 31 and 33 of the case file) Signage is not included
B The maximum seating capacity for the outdoor dining area is 208 patrons
C Patrons shall be protected from the vehicles along Spring Road by a landscaped berm
and water feature
D The Petitioner shall comply with all Village requirements for storm water management
E The shared parking agreements with McDonald's and the Commerce Plaza buildings are
to be recorded as a condition of obtaining building permits for the construction of the
Gibsons restaurant and the continued existence of the shared parking agreements are a
condition of the special use granted by this ordinance
F Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village
ordinance requirements at the time of building permit application except as specifically
varied or waived
Section 3 The special use and the scope of this ordinance are limited and restricted to the
property located at the southeast corner of Spring Road and Commerce Drive, which is legally described
as follows
LOTS 1 AND 2 IN THE MCDONALD'S SPRING ROAD RESUBDIVISON NO 1,
ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 25TH, 1986, AS
DOCUMENT NUMBER R86- 148402, AND LOT 2 IN OAK BROOK DEVELOPMENT
COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT ONE, ACCORDING TO THE
PLAT THEREOF RECORDED JULY 12TH, 1968, AS DOCUMENT NO R68- 30335, ALL
BEING PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39
NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE
COUNTY, ILLINOIS
Permanent Index Number 06 -23- 406 -011
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
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
APPROVED THIS 11th day of March, 2008
Joh�ri W. Craig
Village President
PASSED THIS 11 th day of March, 2008
Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin
Nays None
Absent Trustee Saived
0 - ATTEST
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Charlotte K Pruss
Village Clerk
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