S-1246 - 11/25/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -SU -S -1246
AN ORDINANCE GRANTING SPECIAL USES FOR THE
OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION
WITH THE DEVELOPMENT OF THE
PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
(PIN 06 -22- 303 -041)
WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ")
requesting special uses to allow outdoor dining and a drive -thru lane for the property at 2121 Butterfield
Road, Oak Brook, Illinois ( "Property "), and
WHEREAS, at its meetings on August 19, 2008 and September 15, 2008 the Plan Commission
reviewed the requested special uses, and
WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the
requested special uses pursuant to due and appropriate legal notice, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow an outdoor dining area subject to certain conditions described herein, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow a drive -thru lane subject to certain conditions described herein, and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special uses and made specific findings, including that the
special uses 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 the Zoning Board of Appeals and deem the special uses, 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 the following special uses for the development of the
Property subject to the conditions specified herein
A A special use to allow an outdoor dining area subject to the following conditions
The outdoor dining area is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 37 of the case file
2 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived by this ordinance
B A special use to allow the construction of a drive -thru lane subject to the following
conditions
Ordinance 2008- ZO -SU -S -1246
Special Uses — 2121 Butterfield Road
Page 2 of 2
The drive -thru lane Is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 39 of the case file
2 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived
Section 3 The special uses granted by this ordinance are subject to the condition that if six (6)
months following issuance of an occupancy permit or upon completion of the Midwest Road
improvements, whichever occurs later, it is determined by the Village, in the Village's sole discretion, that
accident levels have increased as a result of traffic movements to and from the Property, the Village may
require additional safety measures to be taken, which may include turning restrictions and /or installation
of physical barriers and the construction of improvements by the Petitioner shall be secured by a cash
deposit or a letter of credit, to be posted by the Petitioner, determined by the Village The failure of the
Petitioner to comply with such additional conditions as may be imposed by the Village shall result in the
revocation of the special use granted by this ordinance
Section 4 The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference
Section 5 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 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 7 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 25th day of November
PASSED THIS 254h day of November, 2006
Ayes Trustees Carson Kennedy, Manofsky, Saiyed Sanford and Wolin
Nays
None
Absent None
ATTEST
harlotte K Pruss
\�� y 'Village Clerk