Loading...
S-1269 - 08/11/2009 - ZONING - Ordinances S FRED BU CHOLDER Z� DUPAGE COUN AM DEC.23,2009 OTHER 06-23-407-007 005 PAGES R2009- 191332 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: AN ORDINANCE GRANTING VARIATIONS TO THE PARKING AND LANDSCAPING REQUIREMENTS FOR THE PROPERTY AT 2111 MCDONALD'S DRIVE OAK BROOK ILLINOIS Property Address/es 2111 McDonald's Drive Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-407-006 and 06-23-407-007 Name and Address of Applicant: McDonald's Corporation 2915 Jorie Blvd. Oak Brook IL 60523 Name and Address of Responsible: Den Koide McDonald's Corporation Party to Receive Copy of 2915 Jorie Blvd., Oak Brook IL 60523 Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road ak Brook, Illinois 60523-2255 j Name&Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: ORDINANCE 2009 -ZO -V- S -1269 AN ORDINANCE GRANTING VARIATIONS TO THE PARKING AND LANDSCAPING REQUIREMENTS FOR THE PROPERTY AT 2111 McDONALD'S DRIVE, OAK BROOK, ILLINOIS (PINS 06 -23- 407 -006 and 06 -23- 407 -007) WHEREAS, an application has been filed by McDonald's Corporation (the "Petitioner "), requesting variations to Sections 13- 12 -31-1.2, 13 -12 -3, 13 -12 -4 and 13 -12 -413 of the Zoning Ordinance to accommodate additional parking at 2111 McDonald's Drive, Oak Brook, Illinois, and WHEREAS, on July 7, 2009, the Zoning Board of Appeals conducted a public hearing on the request for variations, pursuant to due and appropriate legal notice, and recommended approval of the variations subject to certain conditions, and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variations and made specific findings, including that the variations will not endanger the public health, safety and welfare, 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 Zoning Board of Appeals and deem the variations, 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 variation to Section 13-12-31-12 of the Zoning Ordinance to reduce the required setback along 22nd Street from 50 feet to approximately 25 feet, subject to the following conditions 1 The development shall be in substantial conformance with the revised site plan dated June 15, 2009 2 The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 3 The Petitioner is hereby granted a variation to Section 13 -12 -3 of the Zoning Ordinance to increase the number of parking spaces permitted in the front yard to 43 spaces Twenty (20) of the spaces on the west side of the property shall be constructed to a depth of 36 feet and will be used to double stack vehicles The north portion of these spaces will not have access directly upon an aisle This variation is subject to the following conditions 1 The development shall be in substantial conformance with the revise site plan dated June 15, 2009 2 The cars are to face north in the spaces, toward the building not 22nd Street 3 The oversized spaces will be marked as reserved spaces with internal controls and enforcement plan Ordinance 2009 -ZO -V- S -1269 Variations to Parking and Landscaping Requirements McDonald's Corporation — 2111 McDonald's Drive Page 2 of 3 4 The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 4 The Petitioner is hereby granted a variation to Section 13 -12 -4 of the Zoning Ordinance to defer the completion of the required landscaping to coincide with the completion of the 22" Street bridge project as it relates to the subject property, subject to the following condition The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 5 The Petitioner is hereby granted a variation to Section 13 -12 -413 of the Zoning Ordinance to reduce the required height of the landscaping on the east side of the lot from 4 feet to a minimum of 2 feet, subject to the following conditions Upon completion of the parking lot improvements as well as the completion of the 22nd Street road - widening project, Village staff will review the existing conditions to determine the height of the final landscaping, which may be no less than two feet up to a maximum height of four feet 2 The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 6 The Petitioner is hereby granted a variation to Section 13 -12 -413 of the Zoning Ordinance to allow the elimination of the required landscape screening on the west side of the property subject to the following conditions After all roadwork on 22nd Street by the Illinois State Toll Highway Authority (ISTHA) and the completion of the parking lot expansion, representatives of McDonald's, IDOT and the Village shall meet to determine the feasibility of adding landscaping /screening in the IDOT right of way along this portion of 22nd Street If IDOT permits landscaping within their right of way at this location, then McDonald's shall be the responsible party for the installation and the maintenance 2 The development shall be in substantial conformance with the revised site plan dated June 15, 2009 3 The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 7 Notwithstanding the contents of the Petitioner's application, including the attached exhibits, the Petitioner shall comply with all Village requirements existing at the time that the Petitioner applies for a building permit, except as such conditions are specifically varied or waived by this ordinance Section 8 The variations granted herein and the scope of this ordinance are limited to the property located 2111 McDonald's Drive, which is legally described as follows Part of Lot 4 Oak Brook Development Company Commerce Plaza Subdivision Unit 1, being a subdivision in the Southeast % of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, Illinois PINS 06 -23- 407 -006 and 06 -23- 407 -007 Section 9 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 -V- S -1269 Variations to Parking and Landscaping Requirements McDonald's Corporation — 2111 McDonald's Drive Page 3 of 3 Section 10 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 11 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 August. 2009 PASSED THIS 11th day of August, 2009 Ayes Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis Nays' None Absent None f. ATTEST Charlotte K Pruss Village Clerk STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on August 11, 2009 the corporate authorities of the above municipality passed and approved: ORDINANCE 2009-ZO-V-S-1269 AN ORDINANCE GRANTING VARIATIONS TO THE PARKING AND LANDSCAPING REQUIREMENTS FOR THE PROPERTY AT 2111 McDONALD'S DRIVE,OAK BROOK, ILLINOIS (PINS: 06-23-407-006 and 06-23-407-007) 1 DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 22nd day of December 12009 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois y r;