S-1172 - 10/10/2006 - SPECIAL USE - Ordinances FRED BUCHOLZ
DUPAGE COUNTY RECORDER
OCT.26,2006 3:58 PM
OTHER 06—22—205—028
004 PAGES R2006-207876
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2006-ZO-SU-S-1172 AN ORDINANCE GRANTING A
SPECIAL USE TO CUBELLIS MGDF ON BEHALF OF MID-AMERICA ASSET MANAGEMENT
FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD
Property Address/es 160016 TH STREET
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, IL 60523
Pin/s Number 06-22-205-028
Name & Address of Applicant: CUBELLIS MGDF/ATTENTION: WALLY FUNK
104 S. MICHIGAN AVE. SUITE 200 CHICAGO IL 60603
Name & Address of Responsible PANERA BREAD/ATTENTION: DONALD JONES
Party to Receive Copy of 1600 S. BRENTWOOD BLVD., SUITE 300
Recorded Document and Billing: ST. LOUIS, MO 63144
G/L Account# to be Charged: 10-1365
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account # to be Charged:
M
a
ORDINANCE 2006- ZO -SU -S -1172
AN ORDINANCE GRANTING A SPECIAL USE TO
CUBELLIS MGDF, ON BEHALF OF MID - AMERICA ASSET MANAGEMENT,
FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD
(Panera Bread, 1600 16th Street, Oak Brook, Illinois 60523)
(P I N # 06 -22- 205 -028)
WHEREAS, an application has been filed by Cubellis MGDF, on behalf of Mid - America Asset
Management, requesting a special use for an outdoor dining area adjacent to a restaurant, for Panera
Bread, located at 1600 16th Street, Oak Brook, Illinois; and
WHEREAS, on August 21, 2006, the Plan Commission reviewed the request for a special use
and recommended its approval subject to certain conditions, and
WHEREAS, on September 5, 2006, the Zoning Board of Appeals conducted a public hearing on
the request for a 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 for outdoor dining at Panera Bread would be operated so that the
public health, safety and welfare will be protected and there will be no substantial injury to other property
in the neighborhood ,
WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request
for the special use was consistent with other outdoor dining arrangements for restaurants within the
Village of Oak Brook, 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 interest of the Village,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The recitals above are hereby incorporated into and made a part of this ordinance
Section 2 Cubellis MGDF, on behalf of Mid - America Asset Management, is hereby granted a
special use for outdoor dining adjacent to a restaurant, for Panera Bread, located at 1600 16th Street, Oak
Brook, Illinois, subject to the following conditions
1) The outdoor dining area shall be limited to twenty -eight (28) seats, and shall be
constructed in substantial conformance with the plans submitted on pages J, K, L and M
(Sheet A -0 1, A -0 2, A -0 3 and A -0 4,) as prepared by Cubellis MGDF and Alkemeyer &
Associates, dated July 13, 2006
2) Access to the outdoor dining area shall be from the sidewalk that borders the restaurant
3) The ornamental railings will be provided at the perimeter of the seating areas, and shall
be augmented with piers to provide protection of the seating space
Ordinance 2006- ZO -SU -S -1172
Granting A Special Use to
Cubellis MGDF (Panera Bread)
1600 W 16th Street
Page 2 of 2
4) The outdoor dining area shall be operational between April 1 and October 15 of each
year Tables and chairs shall be removed during the winter months
5) No live music or other live entertainment shall be allowed in the exterior seating area
6) No wait service shall be provided to the exterior seating area
Section 3 The special use and the scope of this ordinance are limited and restricted to the
property of approximately 3 acres in area, Including the building occupied by Panera Bread, which is
located at 1600 16th Street, Oak Brook, Illinois, and is legally described as follows-
Lot 1 in Vantage Properties Resubdivision, being a Resubdlvlslon of Lots 13 through 17 and 19
through 28 and parts of Lot 18 in Block 1 in Town Development Company's Elmhurst Countryside
Unit Number One, being a Subdivision of part of the North East' /4 of Section 22, Township 39
North, Range 11, East of the Third Principal Meridian, according to the Plat of said Vantage
Properties Resubdivision recorded October 29, 1987 as document R67- 156766, in DuPage
County, Illinois
PIN 06 -22- 205 -028
Section 4 Notwithstanding the plans identified in Section 2 of this ordinance, the petitioner shall
meet all Village ordinance requirements at the time of the filing of a building permit.
Section 5 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
APPROVED THIS 10th day of October, 2006
Kevin uinlan,
Villa President
PASSED THIS 10th day of October, 2006
Ayes Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
Nays None
Absent None
I I d
F'� n
ATTEST
Linda K Gonnella, CMC
Village Clerk