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S-1247 - 11/25/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -V -S -1247 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT FOR 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 variations for the construction of a ground sign, the reduction of the number of required parking spaces and a reduction in the parking lot landscaping setback requirement for the property at 2121 Butterfield Road, Oak Brook, Illinois ( "Property "), and WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the request for variations pursuant to due and appropriate legal notice; and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a ground sign on the Property subject to certain conditions described herein, and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking lot landscaping setback for the Property subject to certain conditions described herein, and WHEREAS, by a vote of 5 -2, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the number of required parking spaces for the Property 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 variations and made specific findings, including that the variations 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 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 the following variations for the development of the Property subject to the conditions specified herein A A variation to allow a ground sign on the Property subject to the following conditions The ground sign shall be constructed in substantial conformance with the revised signage detail and elevations drawings as shown on pages 36, 40 and 41 of the case file • r 1058-200 To: David Niemeyer, Village Manager, Village Of Oak Brook From: Martin J. Bourke, City Manager Re: Times Square Properties—Special Use And Variations Date: October 28, 2008 At the request of Mayor Mazaika and the City Council, the Office Of the City Engineer reviewed the proposed redevelopment plans for the southeast corner of Butterfield Road and Midwest Road (Times Square Properties, d/b/a Times Square Cafe) that are currently under consideration by the Village of Oak Brook. Pursuant to our request, a copy of the redevelopment plans were received from Robert Kallien, Director of Community Development, in a timely manner, and we very much appreciate his assistance. In addition, a request under the Freedom Of Information Act (FOIA) for a copy of the traffic impact study was submitted on October 16th, with the study that was prepared by Gewalt-Hamilton, being received by the Office Of the City Engineer yesterday. I apologize for this late communication concerning an agenda item that will be reviewed by the Village Board tonight, but the constraints of waiting for the traffic study did not allow for a more timely review. As a result of our plan review, the City would like to submit the following comments for consideration by the Village Board: •3 The City Engineer has expressed concerns. with allowing the entrance on Midwest Road to be converted into a right-in, right-out ("RIRO"). Making this entrance BIRO will force the customers who wish to egress southbound onto Midwest Road over to the Butterfield Road access point instead. As we know, Butterfield Road carries significantly more traffic than Midwest Road, and consequently, will generate much fewer gaps in traffic that would allow vehicles leaving the site from the left hand turn lane (westbound) and entering the inner southbound lane. This delay in movements would most likely cause more back ups on the restaurant site. ❖ The report pointed out the potential for the queue for the drive-thru window to back up onto Midwest Road due to the rather long service time for each unit during the peak hours (4-5 minutes) versus the typical national chain restaurants (2-3 minutes). If this held true, queues longer than 8 cars would extend back onto the roadway. The City Engineer believes that fast food purchasers would not consider a 32 minute wait as "fast" and would most likely leave the line out of 17 W 275 Butterfield Road,Oakbrook Terrace,Illinois 60181 Phone(630)941-8300 FAX(630)941-7254 TIME SQUARE CAFE 2121 BUTTERFIELD ROAD Special Uses— Outdoor Dining and Drive-Thru Lane Variations— Ground Sign and Landscape Setback Requirements Variation— Parking Space Requirements INDEX PAGE CONTENTS 49-49b Memorandum from Director of Community Development Kallien - Village Board Agenda — dated October 28, 2008 48-48.a Zoning Board of Appeals Special Use Recommendations 47-47.a Zoning Board of Appeals Variation Recommendations 46-46.c Before and After Pictures of projects completed by the Applicant 46.d-46.f Letters of Support from Surrounding Business Neighbors 45-45.p Zoning Board of Appeals Meeting Minutes dated October 7, 2008 44 Sample of Wireless Handheld Ordering Device to be Used by Time Square 43-43.b Variations - Staff Report from Director of Community Development dated October 2, 2008 Staff 42-42.a Plan Commission Recommendation on Special Use Requests dated September 30, 2008 41 Conceptual Drawing of Proposed Ground Sign 40 Sign Details received October 2, 2008 39 Revised Plans dated September 2, 2008 Sheets C-0 thru C-4 (Included — Not Attached) 38 Alternate Paving Layout Plan — Revision date August 27, 2008 Sheet C-2.1 (Included — Not Attached) 37 Proposed Landscape Plan — Revision date September 2, 2008 Sheet 3 (Included — Not Attached) 36 Proposed Site Plan and Proposed Sign Location — Revision date September 2, 2008 Sheet 2 (Included — Not Attached) 35 Existing Site Plan — Revision date August 26, 2008 Sheet 1 (Included — Not Attached) 34 Certificate of Publication dated September 16, 2008 33 Resident Letter dated September 15, 2008 Variation Ap lications„and Standards Sign Regulations and Landscape Requirements p � tlq l/k� tit y� 1s tIC3N 1-�f P �l ir1 �r arr nts� F z a �` ��'.h 1' > - t� ,r �� zr"a�k '�'` s a k `'� `F'"�a ,. t� e^� ¢,,: X 4 t 7 w tl<@C� �ESCpl�t*l �a�1 �" � s saG � a s �a e d E�� z t a z & hr yu per R ns 'ori ` ig ax:T. ..�.,. �1 .. p�?t1C, t'!.t'S,RSC� n1 ..,.cz..,. xs.. ., . x. ..'va `........ ,.<.,F +�' d 29 Fee/Receipt 28 Certification of Surrounding Property Owners 27-27.a Surrounding Property Owners List 26 Subject Property Verification 25 Letter from Applicant's Attorney Requesting Continuance dated August 26, 2008 24-24.a Illinois Dept of Transportation Letter approving replacement landscaping dated 8-14-2008 23 Referral Memo— Board of Trustees Agenda August 12, 2008 re: Sign Regulations 22 Referral Memo— Board of Trustees Agenda August 12, 2008 re: Parking Lot Landscape 21 Revised Plans dated July 21, 2008 (rec'd —August 22, 2008) (Included — SUPERSEDED) See Plans dated September 2, 2008 # 20 r. pl, onrze�t�. !. esdterlust 8, 2.QO> 19-19.b Underground Storage Tank Removal Report 18 Paving Plan dated July 16, 2008 (Not Included — SUPERSEDED) Submitted at Meeting 17 Existing Floor Plan Showing the Number of Seats (Included — Not Attached) 16 Memorandum from Director of Community Development dated August 14, 2008 Re: Additional Information , • i vG� OF 0gke90 ` O Gco SCF GUN'[-1, AGENDA ITEM Regular Board of Trustees Meeting of October 28, 2008 SUBJECT: Times Square LLC—2121 Butterfield Road—Special Uses and Variations FROM: Robert L. Kallien, Jr., AICP, Community Development Director el /p BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: a. Special Uses — I move to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special uses for outdoor dining and a drive-thru lane at the Times Square Cafe located at 2121 Butterfield Road subject to the attached conditions and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the November 11, 2008 Board of Trustees meeting; and b. Variations — I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variations in order to locate a ground sign, a reduction of parking spaces, and a reduction in the parking lot landscape setback at the Times Square Cafe located at 2121 Butterfield Road subject to the attached conditions and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the November 11, 2008 Board of Trustees meeting. Background/History: The Plan Commission at its meetings on August 19, 2008 and September 15, 2008 and the Zoning Board of Appeals at the required public hearing on October 7, 2008 reviewed several requests from Times Square LLC, the owner of the property at 2121 Butterfield Road in order to redevelop the property to accommodate the Times Square Cafe. The site is presently improved with an approximately 2,000 square foot building that was most recently used as the home to the D's Diggity Dogs restaurant. That restaurant has been closed for over one year. Last saved by Gail CADocuments and Settings\gpolanek\Local Settings\Temporary Internet Files\OLK289\BOT-Rec-VOB-TimesSquare-SU-VAR- 2008.doc ,�f In particular, the applicant is seeking approval of a two special uses: 1) to create an outdoor dining area and 2) develop a drive-thru lane that would include a menu board and window on the south side of the property with stacking for eight vehicles. Also, the applicant is also seeking several variations, which are summarized in the following: 1. The applicant is seeking a variation to Section 13-12-4B2 Landscaped Setback, which reduces the required 10-ft. landscaped area adjacent to parking areas. 2. The second request is for a variation to Section 13-11-7A5 to permit a ground sign on a property with less than three acres. The proposed sign would be located at the corner of Butterfield and Midwest Roads. The sign is 13 feet in height; located 10 feet from the right-of-way; and has two sign faces (one facing each roadway). The total square footage of the ground sign is 48 square feet. 3. The third request is for a variation to Section 13-12-5 to reduce the number of required parking spaces on the lot. The proposed site plan for the Times Square Cafe contains 22 parking spaces. The Zoning Ordinance requires 30 spaces. Recommendation— Special Uses Outdoor Dining— Chairman Davis noted that the standards for a special use were addressed by the applicant in the testimony presented and in writing on page C of the case file. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval for a special use to allow an outdoor dining area adjacent to a restaurant subject to the following conditions: 1. The outdoor dining area is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 37 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Drive-Thru — Chairman Davis noted that the standards for a special use were addressed by the applicant in the testimony presented and in writing on page E of the case file. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval to allow the construction of a drive thru lane for a restaurant subject to the following conditions: 1. The drive thru lane is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 39 of the case file. 2. To allow a right turn only exit from the restaurant onto Midwest Road. 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Recommendation—Variations Ground Sign — It was noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page G of the case file. Last saved by Gail CADocuments and Settings\gpolanek\Local Settings\Temporary Internet Files\OLK289\BOT-Rec-VOB-TimesSquare-SU-VAR- 2008.doc 7�/1 By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions: 1. The ground sign is to be constructed in substantial conformance to the revised signage details and elevations drawings as shown on pages 36, 40 and 41 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Landscape Setback Requirement — Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page I of the case file. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking lot landscaping subject to the following conditions: 1. To be developed in substantial conformance to the revised details dated September 2, 2008 as shown on page 37 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Parking Spaces — Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page 30-30.a of the case file. By a vote of 5 to 2, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions: 1. To be developed in substantial conformance to the revised details as shown on page 38 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Last saved by Gail CADocuments and Settings\gpolanek\Local Settings\Temporary Internet Files\OLK289\BOT-Rec-VOB-TimesSquare-SU-VAR- 2008.doc t AKOF 0 • • GB O 0 A O y G r 2 9CF OO U NT I October 23, 2008 Village of Village President Craig and Board of Trustees Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org SUBJECT: Time Square Properties, LLC. —2121 Butterfield Road—Special Uses Administration 630.368.5000 FAX 630.368.5045 Dear President Craig and Board of Trustees: Community Background Development 630.368.5101 At its meeting on October 7, 2008 the Zoning Board of Appeals held the required public FAX 630.368.5128 hearing and completed its deliberations on a petition from Times Square Properties, LLC. They are seeking approval of two special uses in conjunction with a proposal to Engineering redevelop the property at 2121 Butterfield Road for a new restaurant to be known as the Department 630.368.5130 Time Square Cafe. FAX 630.368.5128 The site is presently improved with an approximately 2,000 square foot building that was F'630.3re 68 5200nt most recently used as the home to the D's Diggity Dogs restaurant. That restaurant has FAX 630.368.5250 been closed for over one year. Police Department The property encompasses less than one-half acre and has frontage on two arterial 630.368.8700 roadways, Midwest Road to the west and Butterfield Road to the north. The existing two FAX 630.368.8739 y g accesses on the site, one on each roadway will be maintained. Public Works Department The first request is for a special use to develop a drive-thru lane that would include a 63030.36 70 .52 menu board and window on the south side of the property. Because of the size of the site, FAX 630.368.5295 p p Y• on-site stacking can accommodate up to eight vehicles in the drive-thru lane. Oak Brook Public Library The second special use is to permit the construction of an 18 seat outdoor dining area on the north side of the building. As with other outdoor dining requests, the applicant is 600 Oak Brook Road proposing the installation of decorative fence to surround the dining area. The fence Oak Brook,IL 60523-2200 incorporates concrete columns within the design, and a two-foot wide landscape area and 630.368.7700 FAX 630.368.7704 curb in order to provide separation and protection for the outdoor dining patrons and vehicles in the parking lot. Oak Brook Sports Core Public Comment Bath&Tennis Club All interested parties were notified of the public meeting. Dr. and Mrs. Yu, Oak Brook 700 Oak Brook Road residents who own the existingoffice building to the immediate south of the subject Oak Brook,IL 60523-4600 og 630.368.6420 property, objected to the proposed redevelopment plan. Specifically, the objections FAX 630.368.6439 related to safety, traffic flow and adequate parking. A primary concern was that patrons would park in their lot. At least two people spoke relative to the positive aspects of the Golf Club 2606 York Road plan(commending the building designand the elimination of a blighted building). Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 7v . October 23, 2008 President Craig and Board of Trustees RE: Times Square—2121 Butterfield Road—Special Uses Page 2 Recommendations Outdoor Dining — It was noted that the applicant addressed the special use standards in the testimony presented and in writing on page C of the case file. By a vote of 7 to 0 the Zoning Board of Appeals recommended approval for a special use to allow an outdoor dining area adjacent to a restaurant subject to the following conditions: 1. The outdoor dining area is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 37 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Drive-Thru — It was noted that the applicant addressed the special use standards in the testimony presented and in writing on page E of the case file. By a vote of 7 to 0 the Zoning Board of Appeals recommended approval to allow the construction of a drive thru lane for a restaurant subject to the following conditions: 1. The drive thru lane is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 39 of the case file. 2. To allow a right turn only exit from the restaurant onto Midwest Road. (This condition was imposed to alleviate the concern about parking and exiting from the lot) 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Very truly yours NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals MAChairletter-Times Square-SU-2008.doc 7v 'A- 6E OF Oqq. `P X90 O � A o y G � October 23, 2008 Village of Village President Craig and Board of Trustees Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, IL 60523 Oak Brook,IL 60523-2255 Website www.oak-brook.org SUBJECT: Time Square Properties, LLC. —2121 Butterfield Road—Variations Administration Dear President Craig and Board of Trustees: 630.368.5000 FAX 630.368.5045 Background Community At its meeting on October 7, 2008, the Zoning Board of Appeals held the required public Development 630.368.5101 hearing and completed its deliberations on a petition from Time Square Properties, LLC. FAX 630.368.5128 They are seeking approval of three variations in conjunction with a proposal to redevelop the property at 2121 Butterfield Road for a new restaurant to be known as the Time Engineering Square Cafd. Department 630.368.5130 FAX 630.368.5128 The site is presently improved with an approximately 2,000 square foot building that was most recently used as the home to the D's Diggity Dogs restaurant, which has been Fire Department 630.368.5200 �'}'5'closed for over one year. Man ears ago, s u the site was for gasoline service station. FAX 630.368.5250 A summary of the variations is as follows: Police Department 630.368.8700 1. Thea applicant is seeking a variation to Section 13-12-4132 Landscaped Setback FAX 630.368.8739 pp g p which reduces the required 10-ft. landscaped area adjacent to parking areas. Public Works 2. The second request is for a variation to Section 13-11-7A5 to permit a ground Department q 630.368.5270 sign on a property with less than three acres. The proposed sign would be located FAX 630.368.5295 at the corner of Butterfield and Midwest Roads. The sign is 13 feet in height; located 10 feet from the right-of-way; and has two sign faces (one facing each Oak Brook roadway). The total square footage of the ground sign is 48 square feet. Public Library 3. The third request is for a variation to Section 13-12-5 to reduce the number of 600 Oak Brook Road required parking spaces on the lot. The proposed site plan for the Times Square Oak Brook,IL 60523-2200 Cafe contains 22 parking spaces. The Zoning Ordinance requires 30 spaces. 630.368.7700 FAX 630.368.7704 Public Comment Oak Brook Sports Core All interested parties were notified of the public meeting. Dr. and Mrs. Yu, Oak Brook residents who own the existing office building to the south of the subject property, Bath&Tennis Club objected to the proposed redevelopment plan. Specifically, the objections related to 700 Oak Brook Road safety, traffic flow and adequate parking. At least two people spoke relative to the Oak Brook,IL 60523-4600 630.368.6420 positive aspects of the plan (commending the building design and the elimination of a FAX 630.368.6439 blighted building). Golf Club Recommendations—Variations 2606 York Road Ground Sign — It was noted that the standards for a variation were addressed by the Oak Brook,IL 60523-4602 applicant in the testimony presented and in writing on page G of the case file. 630.368.6400 FAX 630.368.6419 October 23, 2008 President Craig and Board of Trustees RE: Time Square Properties, LLC. —Variations Page 2 By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions: 1. The ground sign is to be constructed in substantial conformance to the revised signage details and elevations drawings as shown on pages 36, 40 and 41 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Landscape Setback Requirement — It was noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page I of the file. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking lot landscaping subject to the following conditions: 1. To be developed in substantial conformance to the revised details dated September 2, 2008 as shown on page 37 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Parking Spaces— It was noted that the standards for the variation request were addressed by the applicant in the testimony presented and in writing on page 30-30.a of the case file. By a vote of 5 to 2, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions: 1. To be developed in substantial conformance to the revised details as shown on page 38 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. Very truly yours NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals MAChairletter-Time's Square-Var-2008.doc Y 4 b� N= 'i' K�uM,rrwM*IpY�W�vYM�nrw..5P .a+ram+�w'..w. ewe Y S(S � � y�r.f I'�•..� f } k lit MLS.03267?2/ Adi us Office:20207 17W300 22ND.OAK BROOK TERRR Aa.00000181 Asea. �w l F { F, ae i �k v ` r 774 5737 •� „�, 17W300 22n1 Street suite 250 17W300 22n°Street suite 250 Oakbrook Terrace.IL 60181 Oakbrook Terrace,IL 60181 Tel:630 833-4455 Fax:630 833-4445 E-mail:pmparmersllc@aol.com Tel:630 833-4455 Fax:630 8334445 E-mail:pmpartncmllc@aol.com Date:July 22,2008 Date:July 22,2008 Dear neighbor, Dear neighbor, We are renovating the former Dee's Diggity Dogs restaurant located at 2121 Butterfield Road into a We are renovating the former Dee's Digglty Dogs restaurant located at 2121 Butterfield Road Into a beautiful restaurant.We are seeking 2 special use permits from the village of Oak Brook for a Drive-thru beautiful restaurant.We are seeking 2 special use permits from the village of Oak Brook for a Drive-thru window and an outdoor patio.We sincerely believe that without these two amenities our business will window and an outdoor patio.We sincerely believe that without these two amenities our business will not thrive.We are asking for you support as our neighbor. not thrive.We are asking for you support as our neighbor. Best regards, Best regards, Tatiana Savenok / Tatiana Savenok Business: C& /()& Business: q Agent: Agent: /7WS3-V-- ' Additional Comments: Additional Comments: MR Premier 114o'n'('iement PUrtners,LLC a .,._„ *,...;a ...:......: .. .: a-��, '.;_ :.:,..may .' -.... ._.i.� �•� -+c.t� � _ e.' ,_..m 17W300 22"Street suite 250 17W300 22n°Street suite 250 Oakbrook Terrace,IL 60181 Oakbrook Tam",IL 60181 Tel:630 833-4455 Fax:630 833.4445 E-mail:pmpartnersllc@aol.com Tel:630 833-4455 Fax:630 8334445 E-mail:pmpartnerslle@aol.com Date:July 22,2008 Date:July 22,2008 Dear neighbor, Dear neighbor, We are renovating the former Dee's Diggity Dogs restaurant located at 2121 Butterfield Road Into a We are renovating the former Dee's Diggity Dogs restaurant located at 2121 Butterfield Road Into a beautiful restaurant.We are seeking 2 special use permits from the village of Oak Brook for a Drive-thru beautiful restaurant.We are seeking 2 special use permits from the village of Oak Brook for a Drive-thm window and an outdoor patio.We sincerely believe that without these two amenities our business will window and an outdoor patio.We sincerely believe that without these two amenities our business will not thrive.We are asking for you support as our neighbor. not thrive.We are asking for you support as our neighbor. Best regards, Best regards, Tatiana Savenok - j �.j I— Tatiana Savenck rr� Business: /7 V,530 A. Business: Ix(I k�� t^b H^ \/✓f�J��— Agent: Agent: /7G/660 41- Additional Comments: Additional Comments: C�� 17 W300 22i°Street suite 250 Oakbrook Terrace,IL 60181 Tel:630 8334455 Fax:630 833-4445 E-mail:pmparmemlle@wl.com Date:July 22,2008 Dear neighbor, We are renovating the former Dee's Diggity Dogs restaurant located at 2121 Butterfield Road into a beautiful restaurant.We are seeking 2 special use permits from the village of Oak Brook for a Drive-thru window and an outdoor patio.We sincerely believe that without these two amenities our business will not thrive.We are asking for you support as our neighbor. Best regards, Tatiana Sa�vennok Business: Agent. t I Additional Comments: v MINUTES OF THE OCTOBER 7, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JANUARY 6, 2009 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn Krietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF AUGUST 5 2008 Motion by Member Bulin, seconded by Member Nimry to approve the minutes of the August 5, 2008 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. Motion by Member Rush, seconded by Member Nimry to continue the hearing to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion carried 5. NEW BUSINESS NEW BUSINESS A. TIME SQUARE PROPERTIES, LLC — 2121 BUTTERFIELD ROAD - TIME SQUARE PROPERTIES - 2121 SPECIAL USES —DRIVE THRU LANE FOR A RESTAURANT AND — BUTTERFIELD RD OUTDOOR DINING AREA ADJACENT TO A RESTAURANT SPECIAL USES DRIVE THRU AND VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Pagc 1 of 17 October 7, 2008 T • • They also reviewed the Illinois Transportation of Engineers (ITE) parking requirements and they recommended 20 spaces as well. Based upon those studies they feel comfortable that what is proposed is adequate parking. Ingrid Durham, 1 S Monterey, Oakbrook Terrace, said that she lives about one- half mile from the subject property. She questioned the location of the outdoor dining area, access to the drive-thru,number of seats in the cafe and the reduced parking being provided on the site. Mario Yu, 818 St. Stephens Green is a practicing Gynecologist/Obstetrician with an office located at 1919 Midwest Road, which is directly south of the subject property. He questioned that there would be an increase to the traffic flow at the entrance of Midwest Road when construction is completed and the roadway resumes its normal activity. Ms. Flock responded that the numbers provided in the study would not increase, because the traffic volumes were based upon the ITE trip generation manual regarding fast food trip rates. They actually treated the cafe as if it were a McDonald's or Burger King. The volumes that they estimated do not change just because there is construction on the roadway. The estimates provided in the study were a bit high from what they would really expect because it really will not have the traffic volume of a McDonald's. The study is based upon trip generations done throughout the year at fast food restaurants with drive-thrus. Those trip rates are what are used. She noted that not all trips to the cafe would be new because some of the trips would come from the existing roadway system, which is known as bypass trips. The trip generation was also based upon the number of seats and square footage of the restaurant. Dr. Yu said that left turns would be made through 4 lanes of traffic onto Midwest Road. Ms. Flock noted that they would cross through 2 thru lanes of northbound traffic onto Midwest Road. Dr. Yu said that leaving his parking lot going southbound onto Midwest Road is very difficult and questioned the one car per minute going in and out of the restaurant. He questioned and saw a problem with the proposed 8 car stacking and believes it would block the exit. He questioned whether that would be acceptable, because it could block access for vehicles onto Midwest Road. Ms. Flock said that when these studies are provided for various developments, one car per minute is a long time. They have recommended that signage be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 17 October 7, 2008 Tatiana Savenok, said that she was the owner of the property and owns multiple restaurants. They have a Chinese restaurant in Glen Ellyn with a bar. If at any time they would add extra chairs, they would lose their license, so the suggestion is not something they would consider. The Health Department approved the plans, so obviously they do everything by the code. Mrs. Yu asked how they determined they would need 8 employees. Mrs. Savenok responded that she is in the restaurant business right now, so 8 people will be used only during the busy time is the lunch. In the morning and dinnertime, they will only need 5 people,based upon her experience. Mrs. Yu questioned the maximum number possible in the restaurant at one time and she determined by her math that they would not be able to accommodate the parking necessary. Mr. Savenok responded that they hired reputable professionals that have advised them, and have proven it would work. Some of the public comments made did not make sense. Member Rush questioned the comment made by Mrs. Yu regarding the modification to the bar storage space and whether it was going to be changed. Mr. Savenok responded that that the plan provided was what the Health Department approved and was not being changed. Mr. Krupp responded that there is a lot of area on the plan that could not be utilized. There is an entry vestibule, restroom, storage and almost 50 percent is used for the kitchen. He noted that it is a fast food restaurant and that food service is within 3-4 minutes from the time of ordering, which is 3-4 cars before you get to the window. At that rate there is approximately 1 car served per minute,which is the same rate as cars entering the site. Mr. O'Brien noted that they provided expert testimony and opinions were made based upon a newspaper article even though qualified people have testified. He did some zoning work in the neighboring community, Oakbrook Terrace, which surrounds the property on 3 sides. They require a minimum of 6 stacking cars for each service window for a fast food service restaurant. In addition, their restaurant-parking requirement is one space per 3 seats, which would be 14 spaces and seems to work out. It would be very rare if you ever saw every table and every seat occupied. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 17 October 7, 2008 They are required to meet certain standards and have been provided in writing. The Plan Commission has recommended approval of the special use requests. Variation Standards: Mr. O'Brien reviewed the variation standards for the record as follows: 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: In this case the site could not be financed or redeveloped without the small relief being requested. Undue hardship would be imposed upon the petitioner without the relief. It is doubtful that this small property could be redeveloped for any purpose without variations to the parking and landscaping requirements. Not only has there been a taking of the property due to the widening of the two roads, but the Health Department required that they provide the dry storage area, which caused the removal of some parking from the north side of the building. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The corner site being reduced in size and the irregular configuration of the property adds to the complexity of the redevelopment of the property. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The use of the property as a restaurant is the same, as it existed prior to the request. In addition,the intersection of Midwest and Butterfield is entirely commercial, as are all uses surrounding the property, therefore the essentially character of the of the area will not be negatively impacted. The plans to redevelop the site would greatly improve and enhance the value of all surrounding properties. 2. a.The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: Without granting the requested variations especially to the parking and landscaping they would be unable to redevelop or finance the redevelopment of the site. 2. b.The condition upon which the petition for variation is based would not VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 17 October 7, 2008 2. f.That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship is due to existing conditions and the unique shape of the lot, which has been reduced in size due to the widening of the roads and has not been created by any person having an interest in the property. In order to reuse the property for any restaurant, it must comply with the DuPage County Health Department regulations, which reduced the ability to provide additional parking spaces. Mrs. Yu said that she appreciates what has been said, but she said that someone is not going to invest in this type of lot without due diligence. She has been a neighbor to this lot for 10 years and they follow every rule required by the Village. She would love to see this beautiful cafe erected. When the lot was purchased, there were many other buyers interested. She agreed that a lot of the land was taken away for public safety. She said the applicant knew what they bought and she did not understand why they are asking for so many variances. She compared it to buying a pair of shoes that do not fit and you want to wear them anyway. The public will be hurt, including the neighbors. Mr. O'Brien responded that the traffic engineer testified that this property would comply and that parking is adequate even with the requested variations. The drive-thru is also adequate and cars would not stack cars onto Midwest Road. Mr. Savenok said that there are not many people in this economy pushing forward. This would create jobs and bring in more revenue to the Village. They are undertaking a huge risk with this property. Pictures of recently completed projects done in other towns were provided for the Board to review. They know what they are doing. There are just a few people trying to delay the process, which is causing additional hardship. It has increased their expenses to respond to unprofessional remarks that they have proven are untrue. Mrs. Savenok reviewed the pictures of the recently completed projects. The project had been in the Daily Herald the past week. People appreciated that they had taken a very ugly property and remodeled it. Three failed restaurants had left the previous owner with thousands of dollars owed in rent payments and the government towards sales tax. Right now, there are 7 out of 8 tenants renting in that building. They also remodeled another restaurant on Roosevelt Road that had been closed for almost 3 years. It is now open, successful and bringing in a lot of money to the Village. Another property had been vacant for VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 17 October 7, 2008 ys� Member Young commented that Dr. Yu has the ability to hire a towing company to remove people that park in his lot. He said that the issues seem to be inner business concerns and not governmental concerns and perhaps he could sit and work with the new neighbor and work out an agreement to share the parking lot and make some money from it as well. It was not a suggestion, just a thought. Dr. Yu said that it is okay to grant variances if they make sense, but if variances impose hardships on other properties why would they allow them to go through. He feels he is being taken advantage of, because the overflow could go onto his lot. They welcome the development, but where is the line drawn. Chairman Davis questioned if overflow parking was experienced when it was D's Diggity Dogs. Dr. Yu responded that he was not aware of it happening, but they were never really busy. They do see some from across the street from Wendy's. Mr. O'Brien said that the request for the parking reduction was made at his suggestion to his client after the Plan Commission meeting when he realized that no variation for parking relief had been made. Mr. Savenok did feel comfortable that he would be able to secure a lease for off site parking, however, it was pointed out to Mr. Savenok (which was confirmed) that without the protection of an ordinance that would allow him to construct and maintain and operate it with 22 parking spaces, he would not be able to get it financed. The bank does not want to finance the collateral to redevelop the property and have the village come in and red tag, if a parking lease expired. They have testified that there would not be any overflow problems because expert testimony has confirmed that 22 spaces are adequate. Chairman Davis questioned what the solution would be if the testimony proved to be wrong. Mr. Savenok responded that they are going to have additional parking available elsewhere. At this time, he has several verbal agreements, but people would not commit to a lease agreement because the project has not even broken ground yet. Dr. and Mrs. Yu are the ones that went to the neighbors and talked them out of the lease, because he already had a written lease agreement. Now they are saying that there is going to be overflow parking. They will get a lease and it is in their best interest to have a lease, but they have to be protected by what exists on the property. If there is only one neighbor that grants them parking, he could be charged a thousand dollars per car and they would be stuck VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 17 October 7, 2008 'lam J existing site plan do not conform to Village code. The setback requirement in the parking lot does not meet Village code. A dumpster is out of compliance. The building had been literally shut down by the Health Department. It is in dire need of significant upgrades just to be opened to the public. There were issues with the building in regards to fire alarm and fire suppression systems. It was an ongoing issue. There were many times when the previous owners were negligent in that area and they were constantly under the threat of having the occupancy pulled. There were many other things; including the building was falling apart and they made very quick cosmetic changes. It is a very ugly building and is not in the keeping with Oak Brook. He said that when you redevelop property sometimes situations exist where the applicants have no choice but to request variations because the building literally is out of compliance. Especially in this environment, we need to make sure that whatever decision is made that the property and the business are at least viable in today's market. We want to make sure that they have the best opportunity to succeed. Member Rush said that he visited the site today from 11:45 until about 12:30 because he was concerned about the traffic and considering that Midwest Road is half closed all of the cars when through at an exchange. When it reopens there is going to be twice as many lanes for through traffic and he did not foresee that traffic would be a problem. Ingrid Durham identified herself an Alderman in the City of Oakbrook Terrace, but did not appear in any official capacity. As an interested citizen, she used to frequent D's Diggity Dogs and it was packed all the time. The proposal is a very attractive building and she is a stickler for parking issues. People would welcome a new restaurant and she thought it would be a sit down service. If it is a fast food there is going to be more in and out of the restaurant. She questioned the number of parking spaces and whether enough handicapped spaces would be provided. Every municipality has its ordinances and regulations for its reasons. Mr. Savenok commented that the kitchen had been designed to be oversized to accommodate the drive-thru very efficiently. In this day, a fast food restaurant without a drive-thru is a failure. The drive-thru should ease up the traffic and parking to be able to serve people quickly and efficiently. Eugene Savenok said that in a free market society, if it is too crowded, people would just not go there. It will be a premium fast food restaurant,but the traffic would not be as crowded as a McDonald's would. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 17 October 7, 2008 -1� Chairman Davis noted that the special use standards were submitted in writing on pages C and E of the case file. VARIATIONS Variation to Allow a Ground Sign on a Property with Less than Three Acres Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page G of the case file. Motion by Member Bulin, seconded by Member Nimry that the applicant addressed the required standards to recommend approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions: 1. The ground sign is to be constructed in substantial conformance to the revised signage details and elevations drawings as shown on pages 36, 40 and 41 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 7— Members Bulin, Krietsch,Nimry, Rush, Young, Ziemer and Davis Nays: 0— Motion Carried. Variation to Reduce the Landscape Setback Requirements Adjacent to Parking Areas Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page I of the case file. Motion by Member Bulin, seconded by Member Ziemer that the applicant addressed the required standards to recommend approval of a variation to allow a reduction of the required parking lot landscaping subject to the following conditions: 1. To be developed in substantial conformance to the revised details dated September 2, 2008 as shown on page 37 of the case file. 2. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 17 October 7, 2008 Special Use to Allow a Drive Thru Lane for a Restaurant Chairman Davis noted that the standards for a special use were addressed by the applicant in the testimony presented and in writing on page E of the case file. Motion by Member Nimry, seconded by Member Krietsch that the applicant addressed the required standards to recommend approval to allow a drive-thru lane for a restaurant subject to the following conditions: 1. The drive thru lane is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 39 of the case file. 2. To allow a right turn only exit from the restaurant onto Midwest Road. 3. Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 7— Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis Nays: 0— Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Krietsch, seconded by Member Bulin to adjourn the meeting at 9:50 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallie , irector of 9ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 17 October 7, 2008 izve- • • October 7, 2008 Mr. Peter Savenok, As per our conversation, SilverWare POS offers a variety of handheld and mobile ordering SilverWare solutions for Quick Service & Drive Thru operations. SilverANYWare handheld ordering POS Inc. solutions have been designed for the Windows CE, Mobile and Pocket PC platforms to provide your business with revenue generating capabilities through increased speed of service and operational efficiencies. SilverANYWare can be utilized as a complete wireless ordering solution or as an additional ordering terminal for your drive thru by giving your servers the ability to place orders, print to kitchen & bar printers, split checks, authorize credit cards and close orders directly from the palm of their hand. Our handheld ordering solutions are currently implemented at a variety of hospitality operations including Second City Comedy Club, Tommy Nevins, and a number of Baseball stadiums in the country. Please feel free to contact me with any questions. Sincerely, creAk:e� Lucky Thallas 847.208.6172 246 East Janata Blvd. Suite#115 Lombard,IL 60148 Tel:888.510.5102 web: www.silverwarenos.com email: infoPsilverwareoos.com 777- VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: October 2, 2008 CASE NO: 2008-011-ZO-VAR Landscaped Setback 2008-012-ZO-VAR Ground Sign 2008-015-ZO-SU Number of Required Parking Spaces DESCRIPTION: Variations to: a.) reduce the landscaped setback area; b.) permit a ground sign on parcel with less than three acres; and c.) reduce the required number of parking spaces. PETITIONER: Peter Savenok, as representative of Time Square Properties, LLC. ADDRESS: 2121 Butterfield Road EXISTING ZONING: B-3 ACREAGE: 21,755 sq.ft. ZONING/USE OF SURROUNDING PROPERTY: North: City of Oakbrook Terrace, commercial uses. South: B-3, General Business District, office and retail uses. East: B-3, General Business District, office building. West: City of Oakbrook Terrace, commercial uses. DISCUSSION: Mr. Peter Savenok, as a representative of Time Square Properties, LLC, owner of the building previously known as D's Diggity Dogs, has submitted a request seeking approval of three variations in conjunction with a proposal to redevelop/renovate the site as the Time Square Cafe. Special uses for outdoor dining and a drive-thru are being processed as separate requests. The site is presently improved with an approximately 2,000 square foot building that was most recently used as the home to the D's Diggity Dogs restaurant, which has been closed for over one year. Many years ago, the site was used for a gasoline service station. The property encompasses less than one-half acre and has frontage on two arterial roadways, Midwest Road to the west and Butterfield Road to the north. The existing two accesses, one on each roadway will be maintained. STAFF REPORT—VARIATIONWIME SQUARE PROPERTIES,LLC CASE No.2008-011-ZO-VAR CASE No.2008-012-ZO-VAR CASE No.2008-015-ZO-VAR Variations — The first request is for a variation to Section 13-12-4B2 Landscaped Setback, which reduces the required 10-ft. landscaped area adjacent to parking areas. Staff Comments — The applicant is adding over 1300 square feet of vegetation and green space to the site. However, because of the property size and the fact that the building will not change from its current location, it is not possible for the applicant to fully meet the code requirement for perimeter landscaping. The second request is for a variation to Section 13-11-7A5 to permit a ground sign on a property with less than three acres. Staff Comments — The previous restaurant use (D's Diggity Dogs) did not have a ground sign. The proposed Times Square sign is proposed to be located at the corner of Butterfield and Midwest Roads. The sign is 13 feet in height; located 10 feet from the right-of-way; and has two sign faces (one facing each roadway). The total square footage of each of the ground sign faces is 24 square feet. Because of its location at the intersection of two major roadways (Butterfield and Midwest Roads), along with the fact that the three other quadrants of this intersection are in Oakbrook Terrace where signage is widely used, a properly sized/located ground sign at this location has merit. The third request is for a variation to Section 13-12-5 to reduce the number of required parking spaces on the lot. Staff Comments — The proposed site plan for the Times Square Cafe contains 22 parking spaces. Even though the gross floor area of the new restaurant is the same as the previous D's Diggity Dogs restaurant, the addition of the drive-thru increases the parking ratio for the site from 10 to 15 parking spaces per 1000 square feet of gross floor area. Since a greater amount of fast-food restaurant business is done through the drive-thru (McDonald's now use two drive-thru lanes), the addition of the drive-thru may actually decrease the number of patrons that park their vehicle and order inside. The DuPage County Health Department has required that the Times Square Cafe provide additional dry storage, which encompasses 425 square feet. Even if D's Diggity Dogs were to reopen, it is my understanding that the Health Department would require the construction of the dry storage area as well as a larger kitchen. Because this dry storage area is not accessible to the public and does not generate an additional parking demand, it does not have any bearing on the parking allocation for the site. Therefore, the property improved with the proposed Times Square Cafe(with drive-thru and outdoor dining area) should have 30 off-street parking spaces. Please see the materials provided by the petitioner in the case file for a more detailed description of these requests. 2 . Y STAFF REPORT-VARIATION IME SQUARE PROPERTIES,LLC CASE No.2008-011-ZO-VAR CASE No.2008-012-ZO-VAR CASE No. 2008-015-ZO-VAR Staff Comments: • Even though a number of opinions have been raised relative to the impact this use will have on the traffic of the adjacent streets, the applicants Traffic Engineer has provided a detailed analysis which does not support those claims. • The four parallel parking spaces located along the east property line may be difficult to access when the drive-thru is in a heavy use period(lunch and dinner). • If the parking variation were not approved, the applicant would have to provide an approved shared parking agreement with an adjacent property, decrease the size of the restaurant facility or eliminate the drive-thru feature. • The total square footage of signs permitted on this site is approximately 180 square feet. • The proposed Time Square restaurant and site improvements, from an aesthetic consideration, will be a significant upgrade from the current building. The current building and a number of the site improvements did not meet Village Code requirements. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on requests for variation. Please include in your consideration for each request, your findings with respect to the standards specified in the Zoning Ordinance for variations. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for each of these variations, separate recommendations would be in order to approve these requests subject to meeting the following conditions: 1. The development shall be in substantial conformance with the plans as submitted; 2. Address the issues raised by the Village Engineer including the provision that "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; and 3. Other conditions relevant to the requests. Respectfully Submitted, Robert L. llien Jr., Al Director f Communit evelopment 3 10 . � Of o • • v PGE � 90 B � o � A O y G A r 2 9c�00UNT1 Village of September 30, 2008 Oak Brook 1200 Oak Brook Road Village President Craig, Board of Trustees and Zoning Board of Appeals Oak Brook,IL 60523-2255 Village of Oak Brook Website www.oak-brook.org 1200 Oak Brook Road Oak Brook, IL 60523 Administration 630.368.5000 FAX 630.368.5045 SUBJECT: Time Square Properties, LLC. —2121 Butterfield Road—Special Uses Community Dear President Craig, Board of Trustees and Zoning Board of Appeals: Development 630.368.5101 FAX 630,368.5128 Background At its meeting on August 18, 2008 the Plan Commission completed its review and Engineering deliberations on a petition from Times Square Properties, LLC seeking approval of two Department 630.368.5130 special uses in conjunction with a proposal to redevelop/renovate the property at 2121 FAX 630.368.5128 Butterfield Road for a new restaurant to be known as the Time Square Cafe. Fire Department 630.368.5200 The site is presently improved with an approximately 2,000 square foot building that was FAX 630.368.5250 most recently used as the home to the D's Diggity Dogs restaurant, which has been closed for over one year. Many years ago, the site was used for a gasoline service station. Police Department 630.368.8700 .87 The property encompasses less than one-half acre and has frontage on two arterial FAX 630.368.8739 P P Y p g roadways, Midwest Road to the west and Butterfield Road to the north. The existing two Public Works accesses, one on each roadway will be maintained. Department 630.368.5270 The first re fspecial request is or a s ecause to develop a drive-thru lane that would include a FAX 630.368.5295 q p p menu board and window on the south side of the property. Because of the size of the site, Oak Brook on-site stacking can accommodate stacking for up to seven vehicles in the drive-thru lane. Public Library The second special use is for the construction of an 18 seat outdoor dining area on the 600 Oak Brook Road north side of the building. As with other outdoor dining requests, the applicant proposed Oak Brook,IL 60523-2200 a decorative fence would surround the dining area. The fence incorporates concrete 630.368.7700 FAX 630.368.7704 columns within the design, and a two-foot wide landscape area and curb in order to provide separation and protection for the outdoor dining patrons and vehicles in the Oak Brook Sports Core parking lot. Bath&Tennis Club Public Comment 700 Oak Brook Road All interested parties were notified of the public meeting. An Oak Brook resident, who Oak Brook,IL 60523-4600 p p g' 630.368.6420 owns the existing office building to the south of the subject property, objected to the FAX 630.368.6439 proposed redevelopment plan. A couple of other persons also provided comments, which objected to elements of the plan. Issues of concern related to safety, traffic flow and Golf Club 2606 York Road adequate parking. At least two people spoke relative to the positive aspects of the plan Oak Brook,IL 60523-4602 (commending the building design and the elimination of a blighted building). 630.368.6400 FAX 630.368.6419 September 30, 2008 President Craig, Board of Trustees and Zoning Board of Appeals RE: Times Square—2121 Butterfield Road—Special Uses Page 2 Recommendations Special Use (Drive-Thru) — By a vote of 4 to 2, the Plan Commission recommended approval of a special use for a drive-thru lane for the restaurant to be located at 2121 Butterfield Road, subject to the condition that: a. The drive-thru would be constructed in substantial conformance with the revised site plan presented dated July 21, 2008. Special Use (Outdoor Dining Area) — By a vote of 5 to 1, the Plan Commission recommended approval of a special use for an outdoor dining area for a restaurant to be located at 2121 Butterfield Road subject to the condition that: a. The outdoor dining area would be constructed in substantial conformance with the revised site plan presented dated July 21, 2008. In making these recommendations, the Plan Commission found that the applicant had addressed the required standards for the requested special uses. Very truly yours NOTE: Chairwoman Payovich has reviewed and verbally approved the content of this letter pending her signature. The signed original will be placed in the official file upon receipt. Barbara"Lexi" Payovich Chairwoman Plan Commission PCChairletter-Times Square-SU-2008.doc AVQ ;4z F�4,4 . v i; yew MM in Pr F C�Jy+��' � ��,✓-��,� r ��®a._. 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TIME SQUARE CAFE 27-M A06PW PNE"op..AtlWO.% R VVPVI ALTERNATE YYR�F1 10 0 u,o su001114 LA0 Ywe,M o/'S AIamroO1.4-111 roC%iea/s 1RCM1ifCT11 PAVING & PrtpAed For GRAPHIC BCAIE-FEET 2W7 *N� UTARoW WBwbA,BRlwiu60187 LAY PLANSAVE'N'OKPROPERTIES (6101668-760]Pu:(6]0)692-1760 Eeoil:weJWQwm.116.eoe 1 M'000 2LM 81ro,1 Detl9.P{m Lieme No.194001101 O.k Bnak T.Ir.c.,IL 60181 60427&pope i i�•i is .v v agi is vagi ii � I 2121 Butterfield Road Oak Brook IL 60523 SW 1/4 Section 22, Township 39N, Range 11E sj a0 P.I.N. o6-22-303-041 0 SITE w 22nd Sheet VICINITY MAP W (NOT TO SCALLS) Lz4 W a 0 - a a� a z SITE&SOURCE BENCHMARK: Sheet # Pian Name CITY OF OM&—k MONUMENTNO.DST. �E- ll y, LL BRASS DISK SET ON EAST SIDE OF Mr STORM BOK WITH METAL ORATE 7101-4-)EAST OF THE CENTER LINE OF MIDWEST ROAD AND 391-4-)SOUTH OF THE CENTER LINE OF BUTTERFIELD ROAD ELEVATION 704.-4(/IO.V.D OF 19M)C-0 . . . . . . . . . COVER SHEET C-1 . . . . . . . . . EXISTING CONDITIONS C-2 .. . . . . . . . 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PAVING& m m a R1 Fw: OK PROPERTIES f.RMMC BCALE.FEET .`l sit x.r .aaa ww.e.,nm1.a91 n LAYOUT PLAN SAVE'N' "30)"g-3"30)"g-3iu:(63Olb)016H)-1,a0 Eeuit:wmaNMlwsala.cmm 1,W)00 altl SbM p�yn Fkm lJcmu Na.11)-00)101 —&—T—I-81 61D2704M _VY A - MIX 00,W W�jjj z A h 4 \Y 4 2.' % 5C-7 1� I13 N j BY i 19! 41" -01 ry jig, o g AF; o 6' MIA. I o 1A u PHI om Iff Cp A 19 Ulu 11'r 6 --, \ 11 - ) 2 am ij; Jill !Hh o I'l I MIA 1. 1 Ila L mixt --cm—.— BY W2'*sjft—L.'. E°°°I` MIS WKBSTKR,MCGPATH&AVILDIRG LTD. TIME SQUARE CAFE -VVTV%k GRADING& EROSION �F- SAVEWOK PROPERTIES �BC3�-FUT SPI m°xm me CONTROL PLAN o—F-W.m.—Em—mA.WmAod— 1 t$ I n ` c t I r fit a..l ou •- r •' -i [$ 1{ oi� f I TO cl Moll Vd- 3� t [ [ r' -.111j��11� .:. a PN r^ \\\ Qx�\ z oaaiaod. p e1 ��,01312 od cool �f' E 8 + ;�I po00oq;u; 5 aooloop/ m r� [ '-n1 'O y 4. nor.oucumaN IV W21p 0*I I ymwORr P/0Gk&PPk Ru VftosT6R,MCGRATH&AHLB[Ra LTD. 2 �� RsaaL"-WC40m he RLS TIME SQUARE CAFE l .........r. .L,,v!!�vtA................,... CONSTRUCTION 20 ----° m '° O.cv/(N/Ihia a/Jrrv..v NC%irnq I..F...d Fw: 2m>w.r+.F.mu.Rw r,..r.,mlmfaPul DETAILS SAVE'N'OK PROPERTIES 6RM//C8GLE-FEU I6dPJ661 ibE2 Fu:I1d°Ik12.1760 Emtl'm Od@wmjidm. 1] I,722nd BbM Dmilo F—Li No,111-081101 0,&—onk Td 4 K88187 e]82]i8MW2 I uonzractior wilt review all conszruczlon aocuments for responswitity of work. P 2. All work will follow the Uniform Set of Landscape Specifications as prepared by the Illinois Contractors Assn. Latest Edition. All plants shall conform to the 'Americom Standards for Nursery Stock, Latest Edition. 3. All plantings will have a minimum depth of 3' of shredded hardwood mulch 5® around them. Groupings of plants will have a continuous mulch between them. e 4. Verify base layout I.E. utilities, topo, dimensions, etc. with engineering drawings. EXCEPTION PER 5. Contractor will Protect All Trees in Construction Areas - See Details. DOC. NO. 389075 6. Contrtactor will be required to obtain all required Permits at his expense, (3) VIIaM q q P 9a 7. Contractor will be required to provide all necessary insurance to the !� limits required by Owner and the Village before starting work. 23) CoseC 8' All installed landscaping work will be gauranteed for a period of one year. 9. These Drawings are Copyrighted and is the sole property of R.J. Guest, Landscape Architect. Reproduction or use of these drawings is prohibited without permission erennl0l g9�R6b FOUND IRON PIPE Planot�n.a)6� P L A N T T A B L E pFR BROADLEAF DECIDUOUS �aG Orli q Quantity Symbol Scientific Name ERed Name Code Name Planting Size 6 1 1 1 Betula nigra h - Clump Form Bent 8'-10' BLB 21,755 sq. ft, p 1 g 5 Gleditsln trincnnthos Inermis 'Skyline' oneylocust GltrS 3' Cal. BLB ASPHALT PAVEMENT nj 5.O ' PROPOSED a9 O• EENSPACE 2 Pyrus cnlleryana 'Chanticlear Red Spire' Chantklear Pear PyccRS 3' Cal. BLB Emergency Egres Gate wA�K 19.24 CONIFER EVERGREEN 3205 Quantity Symbol Sclentlfic Name Common Name Code Name Planting Size 20 Juniperus sabina 'Broadmoor' Broadmoor Juniper JusaB 24' BLB 4B►O Op O 3 Picea omorka Serbian Spruce Plom 7' BLB .POOC(1 aY 2 Picea pungens 'Bakers' Bakerl Blue Spruce Plpub 7'-8' BLB `v 90 Thuja occidentalis 'Techney' Techny Arborvitae Thoc 5' BLB w 41.42 �0 SHRUBS ® `n O Quantity Symbol Sclentlfic Name Common Name Code Name Planting Size 7 Cornus stolonifera 'Flaviramea' Golden twig dogwood CostF 5' B&B 24 Cornus sericea 'Cardial' Cardinal Redoselr Dogwood CoseC 5' BLB R, 9) Thoc Q FOUND IRON PIPE 26 Cotoneaster acutifotius Peking cotoneaster Coac 4' BLB 2.00' NORTH 16 Forsythia ovata 'Sunrise' Sunrise Early Forsythia Foov 4' BLB (1) GltrS 15 Rhamnus frangala 'Ron Williams' Fine line Buckthorn RhfrR 4' BLB 4) V I l a M 9 0 Spiraea japonica ILIttle Princess Japanese Sprsen Sp jaL 1 115 Cont. FOUND IRON PIPE 120 Viburnum lanta 'Mohlcnn' Mohican Viburnum VIIaM 5' BLB 035NORT .99' WESTH MISC. SPP (5) JusaB Quantity Symbol Sclentlfk Name Common Nave Code Name Planting Size 7 Calamagrostis arund. 'Karl Forester' Karl Forester Feather Reed GrassitnnrK 1#3 Cont. 5N (1) P y e e R S 5 Rosa 'Radrazz' Knock Out Rose (Red) IRoR 1#3 Cont. 0 EYSI ONE Oft EQUIVALENT SSS ETAI ING Revison as per City Mtg. -September 2,2008 PPROX 12-1 "IN HEIGHT r ESS TTME RONALD (15) Rh rR J. Vol SQUARE GUEST s5 CAFE LANDSCAPE CLIVI LANDSCAPE ARCHITECT P.O.BOX 66 PLAN DUNDEE,ILLINOIS 1 A A1r%0.f%A DC 01 A All 60118 Asphalt Parking Lot 13,842 Sq. Ft. +/- �� Parking lot Green Space _ 980. Sq. Ft. a Building 2,495 Sq. Ft. +/- s� Sidewalk&Pavers = 350 Sq. Ft. Outside Patio = 350 Sq. Ft.+/- Perimeter Property Greenspace = 4,238 Sq. Ft.+/- Total Site = 21,755 Sq. Ft. EXCEPTION PER s� DOC. NO. 389075 OPOSED NDSCAPE A AS ""WPM OAK BROOK REQUIREMENTS R1 . �bbh FOUND IRON PIPE Parking : = 15 spaces/1000 Sq. Ft. Gross of Bld'g. Bld'g. =2075 Sq. Ft. s NO 09 Storage Areas not included. e °c• NPRO OSED Required = 30 Spaces, Have 22 Spaces, Need 8 Addional QED° ALAN SCAPE q P p �E ARE S OT Interior Parking Lot Landscaping: = 10% of total Lot Areas=2175. Sq. Ft. 21,755 sq. ft. 0 5.0 PROPOSED Have: 980 Sq. Ft./- Need: 1,195 Sq. Ft.Additional ASPHALT PAVEMENT N G ENSPACE 2 9. mergency Egres Gate NOTE: Sq. Ft. Calculations are approximate. Site measurements to be verified I►'A(k RZ� a with Engineering drawings. 32.05 BBt,O p ON QPR OSED 0(3 N NC.y�t' AN S�,'�P IRON PIPE P t �� :Tn 7(S2.50: NORWESTH .70 9 A r 0 ER//1 •.�� FOUND IRON PIPE N '36 2"E V I 0.99' WESTH 8 0 R&M R PSG OP ED - S 1 N Revison as per City Mtg. - September 2,2008 D APE oC ` . 00 - ` 3x3 BA KRUPP ASSOCIATES ARCHITECTS, PC EAS Architecture&Construction Management �� 1.50 R?p Christopher Alan Krupp,AIA CAP EY ONE OF EQUIVALENT ET INGWALL T AV MENT630-668-1266 x 13 PP X 12-1 IN HEIGHT Y TIME RONALD OFSGt�S —� COJ. °�N QIP SQUARE GUEST qty 1 S SSFSS4 U CAFE LANDSCAPE z ^ ARCHITECT SITE �+I"rI— I,I . t\I � o a� °' R 100.n., / .�—'•P N°-- DUNDeo�8INOIs OFFICIAL M A T OF �os ZONING DISTRICTS N K - IE TY PR �E I I ,. TM ASPHALT AVEM 1 T ( {v "F 9� �TION 75 OU \Y t reen .1 M FOUND HON �'- — Existing Green SITE LOCATION : Space Some Shrubs no Trees OAK BROOK ZONING MAP Cq. 1 •�. ERrr EXISTING SITE CALCULATION OFFICE BUILDING W s • • Asphalt Parking Lot = 15,326 Sq. Ft. O - Q Green Space = 3,630 Sq. Ft. ce F - P Building = 2,075 Sq. Ft. CON F DNpRRON PIPE Sidewalk = 724 Sq. Ft. T NORTH Existing Gre Total Site = 21,755 Sq. Ft. Space roti Grass • . N„STH PSE 97E CALCULATIONS ARE APPRO)CIMATE FOR MORE DETAIL - SEE ENGINEERING PLANS e ASPHALT PAVEMENT ALT PA ting Green pace is — No Tees TIME RONALD J' SQUARE GUEST CAFE LANDSCAPE SITE ARCHITECT )N S PLAN DUNDEE ILLINOIS SQJyCI�G� /�IV�tc'vice yr . CERTIFICATE OF PUBLICATION Public Hearing Paddock Publications, Inc. Time Square Caf6— 2121 the Zoning Board of Appeals of he Village of Oak Brook, Daily Herald NOTICE IS HEREBY GIVEN that a public hearing before DuPage and Cook Counties,Illinois,will be held on October 7,2008 at 7:30 p.m.In the Samuel E.Dean Board Room of the Butler Government Center,Village of Oak Brook,1200 Corporation organized and existing under and by virtue of the laws of Oak Brook Road,Oak Brook,Illinois 60523 for the purpose of considering the applications of Peter Savenok on behalf of Time Square Properties, LLC,1877 S. Orchard Road, the State of Illinois, DOES HEREBY CERTIFY that it is the publisher Wheaton,1L The applicant Is seeking a variation as of the DAILY HERALD. That said DAILY HERALD is a secular pprunder ovided for under Title 13 of the Zoning Ordinance of The Village of Oak Brook,Illinois,Ordinance G-60os amended. The petitioner is seeking approval of a variation to the newspaper and has been circulated daily in the Village(s) of parking requirements In order to reduce the number of re- quired parking spaces for the property located at 2121 But- Addison, Bensenville, Bloomingdale, Carol Stream, Glendale Heights, terfield Road. The property maybe generally described as 2121 Butter- field Road,Oak Brook Road,with the legal description as Glen Ellyn,Itasca, Keeneyville,Lisle, Lombard, Medinah, Naperville, follows: The northerly of feet,as Road (dedicated along the Easterly Oak Brook Oakbrook Terrace Roselle Villa Park Warrenville, right-of-waynorth rly 5 Midwest Road(dedicated the document 370313)and parallel with,Southerly tt and contiguous to West Chicago, Wheaton, Winfield, Wood Dale the Southerly ent37301 line of Butterfield Road(dedi- cated by Document 373012 of the following described prop- erty:that part of the Eas one-half of the Southwest quar- ter of Section 22,Township 39 North,Range 11,East of the Third Principal Meridian,described as follows:Beginning at a point on the West line of the East one-half of the South- west one-quarter of Section 22, aforesaid, 1,424.28 feet North of the Southwest corner of said east half of the South- west one-quarter;running thence North on Division Line 442.86 feet to the center of Butterfield Road(before it was widened);thence North 61 degrees East along the center of sold road(before being widened)235.82 feet;thence South parallel with said division line 507.13 feet;thence South 77 degrees West 213.12 feet to the place of beginning,except that part conveyed by Document 389075,described as fol- lows:beginning at a point on the West line of the East one- half of the Southwest one-furter of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one- half of said Southwest quarter;running thence North on Di- vision line,442.86 feet to the center of Butterfield Road(be- fore being wldene%* thence North 61 degrees East along the center of Butter- field Road(before being widened)235.82 feet as a place of beginning;thence South parallel with Division line(West line of the East one-half of the Southwest quarter of Section 22) to the South line of Butterfield Rood (as widened); thence south 40 feet parallel with said Division line to a pint;thence Northwesterly on a line that forms an angle of 17 degrees 07 minutes(measured North toward West) with last described line,a distance of 35.91 feet to the South- erly line of Buttterfield Road(as widened);thence North on a line parallel to the division line to the center of Butter- field Road (before being widened); thence North 61 de- grees East 12 feet to the place of beginning.Also except County(ies)of DuPage that part thereof falling in Butterfield Road and Midwest (or Canfield)Road as formerly laid out and except hat part and State of Illinois, continuous) for more than one year prior to the dedicated for the widening of said roads by Documents Y Y 373031and , respectfully, also except That Part thereoff describedribed as follows: that part of Lot 1 in date of the first publication of the notice hereinafter referred to and is of Eaer's Assessment Plat,being a subdivision of prcu ection > art of the general circulation throughout said Village(s) County(ies) and State. the East one-half of The Southwest one-quarter of S 22,Township 39 North,Range 11,East of the Third Princi- pal Meridian,according to the plat thereof recorded Febru- ary 21,1961,as Document No.997465,in DuPage County,1I- llnois described as follows: Beginning at the Northwest I further certify that the DAILY HERALD is a newspaper as defined in corner of sold Lot 1; thence on an assumed bearing of North 60 degrees 57 minutes 45 seconds East,along the It Act to revise the law in relation to notices" as amended in 1992 Northerly line of said Lotam 1,2"St feet I a five-eighth-inchDivision Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a Iron with allied cap stamped"State of Illinois Division of Highways ROW corner IPLSC 2017"•thence South 09 de- prees 36 minutes 22 Seconds West,44.40 feet,too point 10.00 notice of which the annexed printed slip is a true co was published feel East of,as measured at right angles to the West line of P P PY stamped"State of Illinois lDhvlsian lof Highwoy5°aloes cap- September 16, 2008 in said DAILY HERALD. ner IPLSC 2017"; thence South 00 degrees 00 minutes 55 seconds East,along a line parallel to The Southwest line of Lot 1 109.98 feet to the Northerly line of Lot 1 In Y Klein's Subdivision,according to the plat thereof recorded Augosr IN WITNESS WHEREOF, the undersigned, the said PADDOCK 29,1977,as Document R77-76172 and to a 5-eight-inch Iron with an Allied cap stamped"State of Illinois Divis(on of PUBLICATIONS, Inc., has caused this certificate to be signed by, this grees 57yminuutes corner eonds Wes 01along the sold Northerly authorized agent, at Arlington Heights, Illinois. Ilne of Lot I in Y Klein's Subdivision,11.44 feet to the said West line of Said Lot 1 in Schlader's Assessment Plot; thence North oli degrees1 minutes 5 s mina seconds west,along PADDOCK PUBLICATIONS, INC. the said West Zine of Lot 1 In utes Assessment Plat, °ooIsPt,l'NT�point 303-04beginning,all in DuPage County, DAILY HERALD NEWSPAPERS All persons destining to be heard will be afforded an op- portunity to do so and may submit their statements orally or In writing or both.The hearing may be recessed to an- other date if notice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper Publica- tion not less than five (5) days prior to the date of the recessed hearing. In accord with the provisions of the American abilities Act,any Individual who Is in need of a reasonable � accommodation In order To participate in or benefit from /� lage's ADA Coordin ,public 630-368-5022 as soon astpossible BYZf� �-/ul before the meeting date. Authorized nt The petitioner's a plication is on file with the Village Clerk and with the Director of Community Development. Persons wishing to examine the petition documents may arrange to do so with the Director of Community Develop- ment, Robert Kallien Village of Oak Brook, 1200 Oak Brook Road,Oak Brook,i L 60523,telephone 630-368.5103. Charlotte Pruss,Village Clerk Published at the direction of the Corporate Authorities and Control# T4103438 the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published to Daily Herald September 16,2008(4103438)5 �s E OF OqK • • GB � o � A O - y G A r 2 9p�0OUNTV •\� Village of Oak Brook September 15, 2008 1200 Oak Brook Road Dear Resident: Oak Brook,IL 60523-2255 Website www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be Administration considering Variation requests at its meetings as scheduled on the reverse side 630.368.5000 of this notice. The Zoning Board of Appeals and Village Board will also be FAX 630.368.5045 considering requests for Variations at its meetings Community Development The aPP � Y�application has been filed b Peter Savenok on behalf of 630.368.5101 Time Square Properties LLC FAX 630.368.5128 1877 S. Orchard Road Engineering Wheaton, IL 60187 Department 630.368.5130 The property in question is located at: 2121 Butterfield Road FAX 630.368.5128 Fire Department Relationship of applicant to property: Owner 630.368.5200 FAX 630.368.5250 Also shown on the reverse side of this notice is a map* of the area to assist Police Department you in determining your relationship to the property in question. 630.368.8700 FAX 630.368.8739 The petitioner has submitted a request seeking approval of a variation to the parking requirements in order to reduce the number of required parking Public Works spaces for the property located at 2121 Butterfield Road. Department 630.368.5270 FAX 630.368.5295 If you desire more detailed information, please contact the Community Development at 630-368-5103 between 8-4, Monday through Friday. Oak Brook Public Library Sincerely, 600 Oak Brook Road Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 Robert L0:�m&unity AICP Oak Brook Sports Core Director Development Bath&Tennis Club RLK/gp 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 33 OF Ogk�Q IM BROOK ' ( PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) rV VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE M 'TE 3 a ", Lc IQHs� � r ait rTHl p) ro �a> romluw�r�r � k DI=VE �PMENT'AND ASR AN tNITJAi�REVIEW WIIWLB�FILED Wt H�'t#E UILLdGE CLERK � LOCATION OF SUBJECT PROPERTY Z PERMANENT PARCEL NO". O6 -Z Z - 3 03 LOT NO. SUBDIVISION r(Yil N ,B�c�Ur1�1aU LEGAL ADDRESS*tVf* ► ZekAded SGL pta� . ZONING DISTRICT 3 ZONING ORDINANCE SECTION 13 ' 12 - 57 ACTION REQUESTED f A r K-i V Q U , e- , J A) ci PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER ARGENT OWNER(S) OF RECORD ( 1 M-e II kJA X12- Pr-opeS,,l eu LLC PHONE6 0 o39 ADDRESS 1 �"7 7 .�• D fiLQ_I�c�� CITY WlkL) STATE ZIP 10 BENEFICIARY(IES) OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(andBill1i Information) �F E{,�`P t1 GIJ O IC PHONE(3O 87?0e qS ADDRESS /;?7 7 ✓� Ape— � fes' CITY Gt/�-Pi�27�Di/ STATE ZIP Contact Name and E-mail Address(s) Rf CALAIOMO C2 G A 114 I-t2efu ea-I Mhos - �►'� I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief. I(we)give permission to the Village to install public hearing sign(s)on the,lot frontages of the above subject property as described in the Village Code. I -tip the above fees,applicant agrees to reimburs illage for publication costs within 30 days of billing. Signatu 0 er Date Signature of Applicant Date DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY .............. .... .... .... p ...FL i, d 41 Date Filed ++ Fed Pant$ ---- c Board of:Trustees.Referral8�. ( , ) ��lotice Pµblished: ° Newepaper Dally Herald Ad) Property,Owners Notified PUBLIC HEARING DATES. Plan Commission, Zonin Boerd of Appeals • ''�` Board of Tru tees - + `' Board of"Tru stees" �X,' (Aproval,of Or r�ance) S.IGN,ED .VILLAGECLERK'- • REQUESTS • Variance from the Landscaping Requirement of the Village's Zoning Ordinance, to wit: a. reduce the required landscaping area along a portion of the property's easterly line to allow for more parking; b. reduce the required landscaping area along a portion of the property's southerly line to allow for the drive through lane that has been recommended for approval by the Plan Commission; Reason: This is an irregular shaped corner lot that has been reduced in size because of expanded roadways on the northerly and westerly property lines; therefore, relief from the landscape ordinance is requested to allow for the maximum amount of parking on the site Additionally, Petitioners' adjoining neighbors uses are commercial in nature (office buildings) and Petitioner's reduced landscaping request will not negatively impact the adjoining neighbors' views, since they have already sufficient landscape screening on their respective properties contiguous to the Petitioner's easterly and southerly property lines. • Variance from the Parking Requirement of the Village's Zoning Ordinance, to reduce the required parking spaces in the parking lot. Reason: The existing Ordinance requires more than the 22 parking spaces, including one handicapped space, that the Petitioner's irregularly shaped, corner lot can accommodate. Although Petitioner may provide this parking offsite through a lease of additional spaces, such an offsite parking accommodation will not give the Petitioner the zoning protection Petitioner needs to finance the redevelopment of this site. • Variance from the Sign Requirement of the Village's Zoning Ordinance, to allow a ground sign on the site, even though the site is smaller than three acres. Reason: Petitioner's lot is on a corner of two four lane highways and the building is set back from the intersection to such a point that it cannot be easily seen from passing traffic before that traffic is required to turn into Petitioner's driveways, which are set far apart from the intersection. In order for traffic to realize that Petitioner's use is located on the corner a ground sign will be required. �.Jf. STANDARDS All of the above requested Variations meet the conditions of Chapter 13, Section 13-14-6; subsection D of the Village's Zoning Ordinance, to wit: 1 a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. In this case the site could not be financed or redeveloped without the small relief requested above; therefore, an undue hardship would be imposed upon Petitioner without this relief. Additionally, Petitioner doubts that this small, irregularly shaped site could be redeveloped for any purpose without variations to the parking and landscaping requirements particularly. lb. Theli t of the owner is due to unique circumstances. P � q This corner site has been reduced in size by the widening of Butterfield and Midwest Roads and its configuration is irregular in shape, which adds to the complexity for redevelopment. lc. The variation, if granted, will not alter the essential character of the locality. Petitioner's restaurant use is the same use of the property that existed prior to Petitioner's requested redevelopment of the property. Additionally, the intersection of Butterfield and Midwest Roads is entirely commercial as are the uses surrounding Petitioner's property; therefore, the essential character of the area will not be negatively impacted. In fact, Petitioner's redevelopment of the D's Diggity Dog site will greatly enhance the value of the surrounding area. 2a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. As stated in response la and lb above, without the granting of the requested variations to parking and landscaping the Petitioner will be unable to redevelop or finance the redevelopment of this site. 2b The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. Due to the loss of property resulting from the widening of Midwest and Butterfield Roads, the subject property has become virtually unusable without the variations requested. Petitioner doubts that any property situated in the Village is similar to the subject property. 30 2c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The subject property is currently vacant and in a very bad state of disrepair. the redevelopment will enhance the neighborhood while having no negative impact on the public welfare or other properties in the neighborhood. 2d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. The redevelopment will be a remodeled and upscaled restaurant use of the property as it has existed for many years. As stated in 1c and 2c above, Petitioner's redevelopment will only enhance values of the surrounding neighborhood. Since the redevelopment will be substantially within the footprint of the existing building, it will not impair the adequate supply of light and air to adjacent property. Bringing the property up to existing fire code will reduce to risk of fire being transmitted to adjacent properties. Bringing the property up the current DuPage County health regulations will help ensure the public safety. 2e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. Other than granting landscaping and parking variations, this site cannot be redeveloped as stated in the various responses above. The redevelopment of this property will bring it up to current fire and health codes and allow the Petitioner some return on Petitioner's investment. Without the requested parking and landscaping variations, this site may well sit idle and deprive the Village from receiving any sales tax revenue from the property; therefore, the redevelopment of the property will serve many useful purposes beyond the Petitioner's ability to make money on it. 2f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship or difficulty in redeveloping the property comes form its unique shape and the fact that the lot has been reduced in size as a result of the widening of Butterfield and Midwest Roads, and not from any action taken by Petitioner. WEST SUBURBAN BANK 4455 SAVE N OK PROPERTIES LOMBARD,IL 60148 17 W 300 22ND STREET 70-23341719 SUITE 250 SP i OAKBROOK TERRACE,IL 60181 ry a � 9/22/2008 wA��'1 OK PROIg (630)833-4455 r F 4 2 PAY TO THE ORDER ORDER OF Village of Oak Brook, Illinois w„ :, i �I r ..............:.... wiR+rrr`+eylrayF +,....................*..x..................w lJ Seven Hundred Fifty and 00/100 ` ;' DOLLARS T Village of Oak Brook, Illinois 1200 OakBrook Rd ,. Oakbrook, IL 60523 k 01-- p oe p 7� mid K ,cv� !//}�_ �ilie,�,i✓6 CHECKg CHECKS $ CASH INV M DATE NAME G.L.ACCOUNT It DESCRIPTION NUMBER INVALID 4 VILLAGE OF OAK BROOK S GINHOUT ATURE o, DEPARTMENT OF COMMUNITY DEVELOPMENT B 15533 e 1200 OAK BROOK ROAD : OAK BROOK, ILLINOIS u PHONE: (630)990-3045 7 RETAIN THIS RECEIPT FOR YOUR RECORDS • Certification • Surrounding Property Owners (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. V-40-- 0 P v�ti0 Printed Name of Owner Printed Name of Applicant �a 08 Zz. o B Signatu 0 ner Date ignature of Applicant Date SILL TO INFORMATION: �(Ielv'Qk �'•Go/°�i` �/ �•��}y�i�� Irp--93 41 yI.t— Print Name/Company Contact Person Contact Phone If ®,9,d4,ovix- 7�ieVe-,e— A— elo 7715-7.3 7 Address To be Billed —('�;Xe— oe- -a Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. Variation Packet-2/4/2008 NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OVVNER PROPERTY OWNER NUMBER Kov an Inc 905 Greenwoo 17W515 Butter ie Wheaton IL 60187 06-22-303-04 Dunn, John PO Box 123 , Downers Grove IL 60515 17W642 Butterfield 06-22-300-019 First Dearborn 500 N Michigan Ave No 191 7W642 Butterfield R 06-22-300-018 Properties Chicago IL 60611 AmericaC/O BP nc AMOCO PO Box 1548 WarrenvilleIL 60555 7W615 Butterfield R 06-22-301-OE4 Wendys Old Fasion 1288 W Dublin Granville 1s576 Midwest Rd 06-22-301-06 14amb Dublin. QA 43017 Terrace Oaks C/O Premises MGMT LLC 7W635 Butterfield R Associates 17W635 Butterfield Rd 06-22-301-053 443 Building Corp 434 W 2nd St 1S443 Summit Ave 06-22-108-023 CIO Dan Veith CPAElmhurst, IL 60126 Lakers, John and 1s580 Marshall Rd 1s580 Marshall Rd 06-22-305-01-4 MC Donnell, Morgan 1s586 Marshall Rd 1s586 Marshall Rd 06-22-305-0: 5 Cortesi, Kenneth 1 S 570 Marshall 1s570 Marshall Rd 06-22-305-0: 3 Oakbrook Terr, IL 60181 Ifergan, Charles 106 E Oak St 7W580 Butterfield Rd 06-22-302-037 roio, Lawrence 1'/Wb3l Southfiaikle Dr 17W 831 Southiane Dy 06-22-302-006 Villa Park IL 60181 Ifergan, Charles 106 E Oak St 17W580 Butterfield R 06-22-302-0 6 17W54 Southlane Dr Shelton, Yuki 17W545 Southlane Dr 06-22-302-02 Villa Johnson, Anna L 17W530 Buttertieid Rd 17W530 Butterfield 06-22-302-0 8 Villa Park IL 60181 Maurer, Wayne & Joan 17W520 Butterfield Rd 17W520 Butterfield Rd 06-22-302-030 Ciralsky, Josh A 1s550 Nimitz Ave 1s550 Nimitz Ave 06-22-303-016 1919 Midwest Rd No 100 1919 Midwest Rd 06-22-303-04 Properties (Attach additional sheets if necessary) NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER NUMBER Ifergan, Charles 106E Oak St 17W580 Butterfield 06-22-302-02 icaao. IL 60611 Rd f Koll Bren Realty 2600 Montrose Ave 2115 Butterfield Rd 06-22-303-00 Realty Assoc Fund V 1 Oak rook Terrace No 600 1s450 Summit Ave 06-22-300-02 (Attach additional sheets if necessary) a2 7 C. SUOct Property Verifica`n (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 t 2. -303 04// 2. Common Address: /�/ �fJ '� /�O �i9� d'�e ov-- fL -ra©S—Z--g 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to goolanek(a)-oak-brook.org ell The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Date called: I verify that the information provided above is accurate. Printed Name Signatu e Date: d - '�6 --0 K Relationship to Applicant: ............................................ ...... ................................... ....... ...... ............ .. .... .... ....... .... ...................................... ...... _................................. ........ .. ....... . . ... ... ............ . 9�1'DeatAtI0�1�ievlew y 3 ) � s: Correc#ions Fie tXlred " es Flo s y � Approved=B 2 Date,. Variation Packet-2/4/2008 LAW OFFICES OF O'BRIEN&ASSOCIATES, P.C. 1900 SPIUNG Rona,SurrE 501 OAK BROOK,ILuNoIs 60523 TELEPHONE (630)832-6000 FAcsamz (630)684-0243 E-MAIL OBRU LAW@MSN.COM August 26, 2008 Mr. Champ Davis, Chairman Members of the Zoning Board of Appeals Village of Oak Brook 1220 Oak Brook Road Oak Brook, Illinois 60523 In re: Petition of Peter Savenok for Variations Time Square Cafe Dear Chairman Davis and Members of the Zoning Board of Appeals: On behalf of my client, Peter Savenok, we are requesting a continuance of the Public Hearing scheduled for September 2, 2008, regarding the above referenced matter, to your meeting scheduled for October 7, 2008 at 7:30 P.M. My client intends to add an additional request for variation, which will require the re-issuance of public notice. We appreciate your cooperation on this matter and look forward to making our presentation to you and the public on October 7, 2008. Very truly yours, O'Brien& Associates, P.C. By: �U Walte J. O' rien H WJO'B:ss cc: Mr. Bob Kallien Mr. Peter Savenok Illinois Department of Transportation Division of Highways/Region One/District One 201 West Center Court/Schaumburg, Illinois 60196-1096 PERMITS Location: IL. Rte 56 at Midwest Rd. (SEC), Oakbrook, DuPage Co. Re: Time Square Cafe August 14, 2008 Mr. Peter Savenok Architectural Mall 17W 300 22r'0 Streets, 2nd Floor Oakbrook, IL. 60181 Dear Mr. Savenok: We have completed our review of your recently submitted landscaping plan for the subject location and have the following comments. Please be advised that the Department considers the removal and replacement of the same landscape materials (sod) within the IL. Rte. 56 parkway adjacent to your site as maintenance of existing conditions. Therefore, a permit will not be required from this office. However, there maybe State Electrical Facilities on the frontage of this property. The State's Electrical Maintenance contractor, Meade Electric Co. (773) 284-7600 must be notified 72 hours in advance of digging. Also,.contact J.U.L.I.E. (800) 892-0123 48 hours in advance for all other utility locations. If you have any questions regarding this matter,please contact Mike Wisniewski at(847) 705-4541. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer ` zMID x' By: Thomas G. Gallenbach, P.E. Acting Traffic Permit Engineer cc: Dale Durfey Jr., Village of Oak Brook LL —1 . RONALD J. GUEST- LANDSCAPE ARCHITECT P. O. BOX 66 DUNDEE, ILLINOIS 60118 (847)-658-7162 FAX: (847)-658-9322 August 14, 2008 Permit Engineer/ Mr. Mike Wisniewski IDOT, Division of Highways/Region One / District One 201 West Center Court Schaumburg, Illinois 60196-1098 RE: Landscape Approval for Permit Application for: TIME SQUARE CAFE. Project Location at Route 56 (Butterfield Road) & Midwest Road, Oakbrook, Illinois. Du Page County Dear Mr. Wisniewski: Attached are the following documents for your review on this project. (2-copies each) 11"x 17" A. Alta Land Title Survey (11-26-07) B. Site Plan—Existing Conditions & Location Sht#1 (5-22-08) Stamped C. Proposed Site Plan & Sign Location Sht#2A (7-17-08) Stamped D. Proposed Landscape Plan Sht#3 (7-17-08) Stamped The extent of the Landscaping along Route 56 (Butterfield Road) will consist of Salt tolerant Sod, IDOT approved from the Property line to the inner edge of the existing sidewalk. Mr. Wisniewski, if you have any questions please give my office a call. Please send future correspondence regarding Permit/Application & Bonding to the Owner of the Property. Thank you. Mr. Peter Savenok Architectural Mall �� •�-T✓ 17W 300 22nd Street, 2nd Floor Oakbrook Terrace, III. 60181 ^ ��i►r'� "� �''��'�' °i Very truly yours, f Ronald J. Guest. A.S.L.A. Landscape Architect Lic.#157-000564 RJG/ag ronald j . guest - landscape architect (I'FEH 6.('11.2) PGS 0 F 0 q/r 6� 0 \ 0 V G � O 9 OOUNT�(, AGENDA ITEM Regular Board of Trustees Meeting of August 12, 2008 SUBJECT: Referral - Time Square Properties, LLC - Variation- Sign Regulations FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to refer a request for a variation to the sign regulations to the Zoning Board of Appeals for public hearing at its September 2, 2008 meeting. Background/History: Time Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dog) plans to redevelopment the site with a new restaurant at the comer of Butterfield Road and Midwest Road. The applicant has submitted a petition seeking approval of a variation in order to permit a ground sign on a property less than 3 acres in the B-3 District. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing. BOT-Referral-Time Square-VAR Sign-IA.doc �3. PGS OF O At e9 v 0 0 glum=G O v COUNJI,��. AGENDA ITEM Regular Board of Trustees Meeting of August 12, 2008 SUBJECT: Referral - Time Square Properties, LLC - Variation - Parking Lot Landscape Setback Requirements FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to refer the request for a variation to the parking lot landscape setback requirements to the Zoning Board of Appeals for public hearing at its September 2, 2008 meeting. Background/History: Time Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dog) plans to redevelopment the site for a new restaurant at the conger of Butterfield and Midwest Roads. 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ORNPKC SCALE FEET �ao�wa,weegn,eo a�rr.:.� D01n CONTROL PLAN SAVE'N'OK PROPERTIES OaIY PI�LImrN..IN-00,101 1TW]W ibM N1n•1 04 DfeoR i.n.•.,X..DI.1 Al _ � 1 1 t � ��L�t Osie � fr.....•,m+ t � t; f� r�[I 1 i f7 tf ' i; ' of 4 nw I a W It ti; --� 9 IL s r. y ou Go rA - v L U i td . nn Tit t ! � N 700 0 I $ I_Q p _ � T ZO - .000!1 OG oo!ooaa 'ooq ( r,t]11I110Q r r g pDOlDOgp 411!11 Q m i owo..1�p-�• Ta xtV M1C.i m iaa R,,%o v a Df.r.ef Ilu WKIWIT&MCGRwTH&ANLIKIM LTD. - . TIME SQUARE CAFE ........,L..�LI,ti!!!!!;!'',!........1..,.1.1„.. CONSTRUCTION 0—/onY—W'sr.or.CAl 70 3-h Np UkM W1 DETAILS "�'"°'°' SAVE'N'OKPROPERTIES °R"PHOccrLr.raaT Wf�,WIwYf0 (OOWi,W Pu: fe(—).U-It9W1:wYYr'w�eY6ee� - 1]MA00�]n0 awr Day.Pim Ua+Nw 1{4001101 DLL 4wt iemee,ll Wlfl fN41)Y0N0 • MINUTES OF THE AUGUST 18, 2008 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 15, 2008 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7:33 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Raju Iyer, Richard Knitter, Gopal Lalmalani,Mintu Sharma and Marcia Tropinski ABSENT: Member Vivek Singhal IN ATTENDANCE: Gerald Wolin, Trustee and Robert Kallien, Jr., Community Development Director 3. APPROVAL OF MINUTES: MINUTES PLAN COMMISSION MEETING OF JULY 21, 2008 Motion by Member Iyer, seconded by Member Knitter to approve the minutes of the July 21, 2008 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. /'NEW BUSINESS NEW BUSINESS A. I IME SQUARE PROPERTIES, LLC — 2121 BUTTERFIELD ROAD — T�SQUARE PROP. LLC- 2121 SPECIAL USE—DRIVE THRU LANE FOR RESTAURANT AND SPECIAL BUTTERFIELD - USE—OUTDOOR DINING AREA ADJACENT TO RESTAURANT SPECIAL USES - DRIVE THRU LN- AND OUTDOOR DINING AREA Mr. Walter O'Brien, Attorney for the applicant said that at the last meeting concerns were raised regarding traffic flow so a traffic study was done that addressed the stacking of vehicles for the drive-thru and traffic on the site and in the area. Bonnie Flock, Gewalt, Hamilton, Associates, Inc. said that a traffic impact study was conducted for the proposed cafe and all data and technical analysis is VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 19 August 18, 2008 i��/,y✓ 4KC1. • eastern edge, some parallel parking provided. At this point, the applicant has not requested a variation to the parking requirements, since he is attempting to provide off site leases to provide for the necessary parking. Although he had not yet spoken to the Director of Community Development about this, it seems there should be an alternative presentation made before the Zoning Board of Appeals to add another variation request. He would like to see the applicant protected with parking provided on the site, rather than to be held to a landlord to pay for and provide parking elsewhere. He apologized, but believed there was another position available for his client that he would like to be considered in front of the Zoning Board at the actual public hearing. Consideration before the Plan Commission is for the drive- thru and the outdoor dining area. The outdoor dining area would not impact any residents or add noise or smells. The limitation of landscaping along the south end would still have some provided and should not be a deal killer for Plan Commission consideration and did not know what the attitude would be for the Zoning Board. Director of Community Development Kallien asked that the Commissioners identify where the property was at one time. It previously was a gas station prior to the expansion of Butterfield and Midwest Road. Over the years, there has been a taking of land from this property by the state and the county in order to widen the roads. The property is very awkwardly shaped; the boundaries parallel the adjacent streets as a result of some poor configuration of lot size. It is compounded by imposing a 60-foot setback along Butterfield and Midwest Road and creates a problematic property. It most likely complied with the zoning when it was a gas station because there is a provision that allows the canopies and pumps to be located within 25 feet of the right-of-way. However, when that use changed and it became a restaurant, for all intents and purposes it became nonconforming with respect to a number of issues. In this particular case, the applicant is only adding onto the building to comply with the Health Department, which is a very important entity and in order for it to be a restaurant it has to be made larger. It is a very similar situation to that of the York Tavern. The purpose for the York Tavern having been made larger was to comply with another governmental entity, which was the DuPage County Health Department. The overall intensity of the property did not increase and the Plan Commission and Village Board guaranteed that by establishing the previous occupancy. The Village has gone through a long and lengthy Commercial Revitalization Plan process and has amended its Comprehensive Plan to promote this type of activity. He asked the Commission to remain open minded when reviewing the request. It is a problem property and has very limited development potential. The applicant has taken significant steps to make a very poor and derelict property much more pleasant and adding to the aesthetics of the area. Mario Yu, 818 St. Stephens Green resident said that he is a practicing Obstetrician and Gynecologist with his office at 1919 Midwest Road located next to subject property and has been there approximately 19 years. He had major concerns about the activity that would go on right in his backyard. He believed it would impose a danger to his patients, many of which are pregnant and bringing small children with VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 19 August 18, 2008 • • has done work for the applicant for a long time and everything that they put their heart into, comes out nice. We need nice little projects like this in town, it helps to make it a great town, and we want to keep it going. Anyone can start a business in the Promenade and it is easy to go in with a fresh look, great landscaping, etc., but how many people truly come into town and take a property that is down and bring it back; that is a big challenge. He understands the concerns, but what about the person investing in the project and the money that goes into it. He is putting the time and effort into it and worries about that because if it does not work out, then who would feel sorry for him. He needs some support and the town should back someone who wants to do this business in town, he should be applauded and we should try to help him out. Edward Quiroz, G-Tech Communications, 2115 Butterfield Road, has been operating the business just east of the subject property for 18 years. His office does overlook the property. The traffic at the time it was D's Diggity Dogs, was somewhat considerable, especially during the lunch hour and they would have overflow parking in his lot. His only concern is the traffic flow. They run a secured operation at his building and it is critical that they keep the space open and available for their clients that can come there at a moments notice. There have been trucks that have parked in his lot wanting to get into the restaurant. He believes some of those same issues would exist with the proposed development. Running it like a Portillo's style restaurant with a large kitchen to process the orders faster would be great, but it would generate a lot of traffic flow through there. He is sure that everyone knows that Portillo's operates with a very large parking lot. His concern is on how it would impact his business. He is all for development on the site and there may be other uses that could utilize that site that would make more sense. As proposed, there is just going to be too much traffic flow for that sized lot. He does not know how' there would be any assurances that they could control employee parking. He has already seen employees located across Butterfield come across the street and parked in his lot. When security would see them, they would be informed that they could not park there. Those employees would actually park over by the next lot to the east. He felt concerned for those crossing Butterfield Road and cannot imagine what would happen with the development of this site as proposed. Vivian Madey, 5700 S. New England, said that she is not intimate with the design or the ordinance, but came to speak about when it was a hot dog stand. She used to work in Oak Brook on 22° Street for about 8 years and frequented the former restaurant. She never once remembered dealing with a traffic issue, lack of parking spaces or cars backed up. Every time she drives by that comer now, it is such an eyesore and thinks that such a wonderful building as proposed would make things look so much better. Mr. and Mrs. Savenok work very hard on the many things that they do. They developed a building on 22nd Street (Mary Richard's) that was an eyesore and now looks very beautiful. The project should be considered and in the end, everyone will be happy and if every seat is filled in the restaurant that would be an amazing thing. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 19 August 18, 2008 • • typically a lot larger than this cafe. Member Knitter questioned whether they recommended a right turn in and out only from the site from Butterfield Road. Ms. Flock responded that the left turn movements on Butterfield could be stacked within the westbound left turn lane, which is very common. It is not the most desirable, but vehicles are outside of the through movements. Essentially, it has its own left turn lane coming into the site. She would not recommend that type of restriction. Member Knitter questioned whether a letter had been provided from the EPA regarding the site cleanup. Mr. Savenok responded that one had been provided to the Village. Member Sharma asked what would happen if someone were stuck in the drive-thru lane. Peter Savenok, 1877 S. Orchard Road, Wheaton, Illinois, applicant and owner of the property responded that the drive-thru serving time would be one minute. The preparation of the food is 3-4 minutes. If one car pulls up to the drive-thru and orders, they will wait 3-4 minutes to get the food from the time they place the order. Cars do break down and should it occur, they would have to deal with it. Mr. O'Brien said that although Oak Brook's ordinance does not deal with stacking at a drive-thru fast food facility, neighboring Oakbrook Terrace does. In their relatively new ordinance, it says as follows, "drive-thru six (6) stacking spaces for the first window plus two (2) stacking spaces for each additional window." There have been studies that have been done to determine the normal amount of stacking required to service out of a drive-thru facility. Although Oak Brook does not have it defined, between the expert testimony and a neighboring community, one can determine what is reasonable. It will not create a back up onto the street and no expert testimony would say that. Mr. Savenok is not going to invest his money into a situation that would not be productive for him; otherwise, he would be foolish to invest his money into the project. Member Lahnalani raised the concern for adequate parking,particularly during peak hours. If the coffee and products are very good, then it will be very busy. Once the business is fully operational, he could envision a problem with traffic. The parking is inadequate for people that would be there. He read in the materials that the shared parking that was anticipated is no longer available. He questioned where the cars would go, including those for the employees. During the peak hours there would not be adequate parking. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 19 August 18, 2008 report, no red flags popped up. He agreed with the Director of Community Development Kallien that it is making the most of a less than desirable situation. He does not have any significant issues with the plan. Director of Community Development Kallien said that the property is zoned B-3. As mentioned, there are other uses that can be located there as long as they conform to the footprint of the building. Some uses are allowed by right and could be issued a permit, such as a cocktail lounge, a kennel, an employment office, etc. Some of the uses could generate a lot of traffic and would not need to be approved by the Plan Commission, Zoning Board of Appeals or the Village Board; they would just need to apply for a building permit. Some of the uses could have a far greater impact than what is proposed. What is being proposed is very similar to what currently exists, except for the inclusion of a drive-thru. Over the years, drive-thrus have really changed the restaurant business. The McDonald's on Midwest Road may be rebuilding in the future and if so, the structure would be considerably smaller than what currently exists. They would add an additional drive-thru lane because so much of its business is through the drive-thru. This applicant has made every effort to comply with all of the regulations, such as adding green space where there is none. The reason some of the parking spaces are being eliminated is because they did not comply previously. Some credit must be given to the applicant for trying to meet as many of the regulations as possible. Trustee Wolin commented that the proposal would not be an easy decision for the Plan Commission and everyone would probably agree that the proposed building would be a substantial improvement over D's Diggity Dogs. A number of concerns have been made regarding the parking spaces and the drive-thru. It looks like it could really only accommodate 6 cars, because by allowing 8 cars would really block the entrance and exit in the parking lot, which would cause cars to back up. In order for it to work, the stacking should be reduced to 6 and have the sign prohibiting stacking past that point. During the rush hour an employee may need to be out there directing the cars. The consultant did recommend a designated drive- thru lane, which is a good recommendation. Mr. O'Brien said that the applicant has agreed to all the points made in the traffic study and if the Plan Commission thinks they are reasonable, then they would agree. During the noon hour they could have someone taking orders and telling cars they would need to park if they were going to stay. Six (6) cars would be a realistic number. Mr. Krupp questioned the plan being reviewed, which was July 10, 2008 and noted that the plan had been revised and dated July 21, 2008, which shows that it had been substantially widened, through the drive-thru lane. He noted that there is sufficient area for the cars, and it should be noted that the order area is significantly ahead of the pick up window, so you actually order long before you get to the window. The food is prepared quickly enough so that there will not be a long wait. There is also VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 19 August 18, 2008 �Q� • Director of Community Development Kallien said that they are required to comply with the parking or provide documentation that the requirement can be met through a shared agreement. The ordinance is very clear about parking supplied from another property with excess spaces to be located within 550 feet. Absent that, they could pursue a variation to the parking requirements to be heard by the Zoning Board of Appeals and if they were not satisfied, it would then go to the Village Board with a negative recommendation. Chairwoman Payovich said that the focus of the Plan Commission was for review and recommendation of the special uses for the outdoor dining area and drive-thru. Director of Community Development Kallien asked the Village Attorney if a condition could be placed upon the drive-thru. Village Attorney Sterk responded that it could, but to be careful how it would be worded. Special Use-Drive-Thru Motion by Member Knitter, seconded by Member Tropinski to recommend approval of a special use for a drive-thru lane for the restaurant to be located at 2121 Butterfield Road subject to the following condition: a. That the drive-thru lane be constructed in substantial conformance with the revised site plan presented dated July 21, 2008. Member Lalmalani asked if there should be a condition to prohibit stacking onto Midwest Road. He noted that it is a very busy street. Member Knitter responded that then there should be a stacking limit imposed upon banks, McDonald's, Burger, King, Costco and on everyone in the Village. He agreed that the street is very busy, but believes capitalism works. If the site ends up with too many cars that are waiting in line then people leave, which works at all the other businesses. People typically do not wait in line. A sign, tow truck or fine will not help and an employee in a parking lot is not going to resolve the issue of cars backing up. Who will be the car counter and how would it work, which is the problem he has in trying to implement something like that. If someone is trying to make a right hand turn onto Butterfield and there are several cars ahead also waiting to make the turn, do you fine the last car because you think they might be waiting to turn into the restaurant; when they really are not. They are just waiting in line to make a right hand turn on Butterfield. If there is a long line, in his experience, people will not wait, although he could be wrong. No amendments were made to the motion. ROLL CALL VOTE: Ayes: 4 —Members Iyer, Knitter, Tropinski and Chairwoman Payovich Nays: 2— Members Lalmalani and Sharma Absent: 1 — Member Singhal. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 19 August 18, 2008 X14-2008-TRU 08:21 AM AA CTUAAL MALL FAX No• 6302799 P• 001 V— 4 Q'7 The English C'om_pany c" February 8,2008 1951 Hampton Drive Wheaton, Illinois 60187 3, Ms.Tatiana Savenok Phone:630-260-8099 •4�•ii:l Mid-America Development Group Fax:630-260-8568 +i 17 W 300 22nd Street Oakbrook'Terrace,Illinois 60181 ' Re: UNDERGROUND STORAGE TANK(UST)REMOVAL t rte. 2121 BUTTERFIELD ROAD,OAK BROOK, ILLINOIS r Dear Ms-Savenok: The English Company (TEC) was contracted by Mid-America Development Group to ' remove a suspected 350-gallon h oil UST at the uspec g eating property located at 2121 Butterfield Road in Oakbrook 'Terrace, Illinois on )auuary 28, 2008- The UST was yu . identified b m survey y a magnetic age y peri'armed by TEC and was located adjacent to the south MiZ wall of the building. Field Activities ?� Tsarpalas Enterprises, Jac. was contracted to perform the UST removal. Mr. Bruce Billman from the Illinois Office of the State Fire Marshall (OSFM) was present to ` observe the UST removal. North Branch Environmental was standing by to pump out .5 my remaining material in the UST. During the initial excavation, a fill pipe and a pipe leading to the building were RRI unearthed,but were found to not be connected to a UST- The excavation was continued `s Tr to ensure that no UST was present, but no UST was found. Mr. Billman indicated that the OSFM bus no record of any tank removal at this site indicating that the USTs were :w 11w.• • :,;�.�� removed prior to 1973. However, documentation previously reviewed by TEC indicated :;?:`u?«•YS a more recent removal of USTs on the site, but there was uo mention of the 350-gallon Ati heating oil UST. Scrap metal, general rubbish, and automobile tires were observed during the excavation. �••iF 4 Upon completion of the excavation, confirmation soil samples were collected from the floor and walls of the excavation to deteraoaine whether site soils had been impacted b `+ the historic UST. The location of the excavation and the sampling locations are i presented on the attached maps. Field screening consisted of conducting headspace analysis with a pbotoionization a detector (PID) Photovac Mierotiip MP-100. This was accomplished by placing the soil sample is a sealable plastic bag, warming the sample to room temperature for at least 5 minutes,then inserting the probe from the PID into the plastic bag to measure the amount of volatiles in the air space. The PID records total concentrations of organic vapors; however,the instrument does not differentiate between types of organic compounds. PID 14-2008—THU 08:22 AM ARCH CTURAL MALL FAX No. 63027999 F, 002 M&Taifam Savenok,Mid-Amerks Devetopmeat Givap February 8,2008 Page 2 screening results ranged from 0.0 to 0.1 parts per million (ppm) for the screened soil samples. The highest result was observed in the sannple from the east excavation wall. Groundwater was not encouutered during the excavation, A new pair of latex or vinyl:sampling gloves was donned for each sampling interval to min►m»e the potential for cross-contamination. Upon completion of the sampling,the excavation was backfilled with the soil that was removed from the excavation. Photograph of the excavation activities are provided in Attachment B. Chord a-of-Custady The soil sampling program.included Chain-of-Custody documentation. When transfa iog the possession of samples,individuals relinquishing and receiving the samples signed,dated and noted the time on the Chain-of-Custody form. Before its final destination at the laboratory,the Chain-of-Custody procedures document the custody of the sample and provide a written tracldng mechanism that lists the person responsible for the sample. Copies of the chain-of-custody forms used on this project are provided in Attacbment A. Aaa"cal Program Five (5) representative soul samples (TK-1-BOT, TK-2-SW, TK-3-NW, TK-4-FW, and TIC-5-WW) were collected and all samples were submitted for laboratory analysis. The soil samples were obtained as previously described,chilled,and transported under chain- of-custody to First Environmental of Naperville, Illinois. The samples were analyzed for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and polynuclear aromatic hydrocaftns (PNM), indicator contaminants for petroleum releases. All analyses were performed in accordance with SW-846, Test Methods for Evaluating Solid Waste, using appropriate USEPA methodology. Analytical Results Analyses conducted on the representative. soil samples ideutif ed no BTEX concentrations that exceeded the laboratory detection limits. See the attached table for a summary of the aualytical results. Benzo(a)anthracene was detected in the sample from TK-2-SW at a concentration, of 0.0125 ppm, which, does not exceed any of the IEPA Tiered Approach to Cleanup Objective (TACO) soil remediabon objectives (SROs) for resideyat al or industriaYcommercial properties. No other PNAs were detected at concentrations that exceeded the laboratory detection limits. The laboratory data is provided in Attachment A- r1720087—THU 08:22 AM ARC 4 TUAAL MALL PAX No. 6302799 P. 003 Nis.Tatians Savenok,Md-Americs Development Group February 8,7.008 Wage 3 Conclusion Based on the results of the excavation, and analytical results, the 350-gallon heating oil UST was previously removed,but way have been done without proper notification to the OSFM. Soil in the vicinity of the removed UST showed minx impact, but none of the IEPA TACO SROs were exceeded. Therefore,no further investigation is required at the site for the 300-gallon heating oil UST. Thank you for this opportunity to be of service to you. Should you have any questions please ca11 us at(630)260-8099. Very truly yours, THE ENGLISH COMPANY jjau Webb,P.G. onal Geologist { Bre P. English Partner enclosures i r--------- E O DO I sprinsystem.kler 1 I I D G) O s -----J ]ID ® m M m�m mLJm mm am m (OF-11D X CO11D ® m ® LJM X m m 0m m mom mo® 03F lid O a 0 Ag cooking and delivery line r--------------------i I I I•--f I I I I Times Square Restaurant EIE::]El Oak Brook, Illinois t�°' ° Savenok Properties Krupp S ciates Architects, P.C. g � � Oakbrook Terrace, IIIIn013 OQ� 61s west F=o.,t street ' e � r5( jg i ppC s � � Wheatoay Illlnofa 60187 630.668.1266 h a��f iP 0 Itl ' l''' �• ti 1�e��.ev�R�v. � a co FOUND IRON PIPE �O z C\2 W y� Y io ff ts" d ��.8 +"iywY'x' �.` t o. •� r3_ �" �h' s X0.00 _ W ADA RAMP mLo OFFICE BUILDING J{ R'sf O co n� ONE STORY v tN 2050 DNOROH PIPE BUILDING LT I CD 1110. 2.00' WEST #2121 o > BLDG ADDITION g FOUND IRON PIPE 0.35' NORTH nj 0.99' WEST 0 o �\4, el ASPHALT PAVEMENT �-O N S �� „� �5 KEYSTONE OR EQU ALE T 1 GE OF 04,t P X90 � o � A o y - G A r 2 )UN Date: Date: August 14, 2008 Village of Oak Brook To: Plan Commission 1200 Oak Brook Road Oak Brook,IL 60523-2255 From: Robert L. Kallien Jr., Community Development Director Website www.oak-brook.org Subject: Times Square LLC— 2121 Butterfield Road— Special Uses for Drive- Administration thru Restaurant and Outdoor Dining—Additional Information 630.368.5000 FAX 630.368.5045 At its July 21, 2008 meeting, the Plan Commission initiated its review on two special Community use requests (drive-thru and outdoor dining) from Time Square LLC as part of a plan Development to improve the property located at 2121 Butterfield Road with a new restaurant. At 630.368.5101 that meeting, a number of issues were raised b the general public and FAX 630.368.5128 g� }' g Commissioner's that required the applicant to provide additional Engineering information/clarification. Department 630.368.5130 A summaryof the issues are as follows: FAX 630.368.5128 Fire Department 1. Floor Area Ratio (FAR) —Comments were made that the proposed Times 630.368.5200 Square restaurant results in an over-building on the lot. The proposed FAX 630.368.5250 Time Square Restaurant will encompass 2,495 sq.ft. on a 21,755 sq.ft. lot. Police Department This equates to a FAR of.115 percent. The maximum permitted FAR in 630.368.8700 the B-3 Zoning District is 1.2. FAX 630.368.8739 Public Works 2. Demolition of Building — Comments were made relative to demolishing Department the existing building and constructing a new structure instead of 630.368.5270 remodeling the existing building. If the existing building were FAX 630.368.5295 demolished, the new structure would be required to meet all codes and ordinances of the Village. A significant constraint on the site is that a 60- Public Library oak Brook foot front yard setback would come in to play along both Butterfield and Midwest Roads. 600 Oak Brook Road Oak Brook,1L 60523-2200 3. Traffic Study— A number of issues were brought up relative to the issue 630.368.7700 of traffic. In response, the applicant retained the services of a traffic FAX 630.368.7704 engineer who has prepared a formal traffic study/analysis (see case file). Oak Brook Sports Core This study/analysis addresses the number of parking spaces; the drive- thru lane and stacking requirements; and impact on adjacent roadways. Bath&Tennis Club 700 Oak Brook Road 4. Occupancy— A question was raised regarding the anticipated occupancy Oak Brook,IL 60523-4600 of the Times Square restaurant. The Oak Brook Fire Department has 630.368.6420 FAX 630.368.6439 calculated that the maximum occupancy of the new building would be 58. Please note that it is not uncommon to have the occupancy limits of a Golf Club building exceed the number of parking spaces on a site. 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 16 . • August 14, 2008 Plan Commission RE: Times Square LLC— Special Uses Page 2 5. Shared Parking Arrangement — The applicant had previously provided information that indicated a shared parking arrangement had been entered into with an adjacent property owner. Information has been provided which indicates that the previous arrangements have been rescinded. In order for a drive-thru to be constructed, a shared parking arrangement will be a condition in order to meet the Village's parking space requirements. Mr. Savenok is aware of this and has advised the Village that the requirement would be met prior to permit issuance. 6. Miscellaneous Issues—The applicant is attempting to improve an existing building/site that is presently non-compliant with a number of Village Code requirements. As an example, the current building condition is a visual blight to the neighborhood. The proposed building is modern and would be a significant improvement to the area. The current site provides little if any landscaping. The proposed Time Square plan would add approximately 1,357 square feet of green space. Follow-up-PC-Time Square-August2008-SU.doc GEWALT HAMILTON ASSOCIATES, INC. TRAFFIC IMPACT STUDY Consulting Engineers and Surveyors To: Mr. Piter Savenok Civil, Municipal, & Traffic Sate "N"OK Properties 820 Lakeside Drive,guile 5 Gurnee,Illinois 60031 From: Daniel P. Brinkman, P.E.,PTOI?t��' tel w.g a-e gine fax 847 855 1115 www.gha engineers.com Date: August 13, 2008 Subject: Proposed Commercial Re-development Time Square Cafe Summit Avenue/Midwest Road @ IL Rte 56 Oak Brook,Illinois SECTION 1. PROJECT CONTEXT AND SUMMARY STATEMENT Per your request, Gewalt Hamilton Associates, Inc. (GHA) has studied the traffic impacts of the above referenced project. The approximately 0.5-acre subject site is located in the southeast quadrant of the Summit Ave/ Midwest Road intersection with IL Rte 56 (Butterfield Road) in Oak Brook, Illinois (See EvIdbit 1). Per the July 17, 2008 Time Square Cafe Site Plan prepared by Ronald J Guest Landscape Architect (See Appendix !) the existing former restaurant building will be expanded and renovated to include a drive through and additional outdoor eating areas. The existing access drives (one each on Midwest Road and IL Rte 56)will be maintained. Our study findings are discussed below and various recommendations are offered for your consideration. Exhibits referenced in the text are centrally located in the Technical Addendum. Briefly summarizing, traffic generated by the proposed Time Square Caf6 can be readily accommodated by the adjacent roadways. In general we anticipate that the peak drive through queues will not exceed the stacking spaces on site and will not impact traffic on Midwest Road. Parking, while short of Village Requirements,should generally be sufficient for the proposed use. SECTION 2. BACKGROUND INFORMATION Roadway Inventory IL Rte 56(B&rtleifeld Road) is a major east-west roadway through DuPage County under the jurisdiction of the Illinois Department of Transportation(IDOT). Adjacent to the site, IL Rte 56 is not classified as a Strategic Regional Arterial (SRA) route. IL 56 provides two travel lanes in each direction as well as separate left turn lanes at its signalized intersection with Midwest Road. The posted speed limit along IL 56 is 40-mph. Main Office:850 Forest Edge Drive,Vernon Hills, Illinois 60061 • Time Square Cafe Midwest Road @ IL Rte 56 Oak Brook, Illinois To help ensure we have considered the maximum traffic impacts of the proposed re-development, we have utilized the higher square footage based trips and not taken the well-documented Pass-By traffic discounts. Given that this data is typically associated with national, chain style restaurants; it is likely overstated for the proposed use. Furthermore, the ultimate operating hours and food offerings could result in peak hour volumes that are significantly overestimated. Trip Distribution The existing traffic counts helped provide the regional distribution for site traffic. As can be seen from the existing count data,the regional travel trend in this area is southwest in the morning and northeast in the evening. Access location and operations also have a significant impact on trip distribution as does competing and complimentary land uses. While both access points are expected to remain full- movement driveways, their proximity to the intersection and the existing traffic queues will make some turning movements more difficult. That coupled with the tendency for fast-service restaurant / convenience type uses it to be predominantly right turns in and out, suggests that separate arrival and departure patterns will be observed. The anticipated trip distributions are provided in Exhibit 4 Part B. Traffic Assignments Development traffic was assigned to the adjacent roadways via the access drives and based on the project traffic characteristics (See Exhibit 4) and is presented in Exhibit 5. Those volumes were then combined with the Existing Traffic volumes (See Exhibit 3)to yield the Total Traffic assignment, which is presented in Exhibit 6. SECTION 4. EVALUATION Intersection Capacity Analyses Capacity analyses were performed at the key Midwest Road intersection with IL Rte 56. The analysis parameters are listed in Exhibit 7 as published in the 2000 edition of the Highway Capacity Manual (HCM). At signalized intersections, Level of Service (LOS) reports operations using the letter designations "A" (best) through "F" (worst) and measures the average control delay per vehicle in seconds. Usually, LOS C is referred to as providing "design' operations and LOS D is the lower threshold of"acceptable" operations. LOS E and F are usually considered as being"unacceptable". Point of Discussion: ]DOT uses a more strict interpretation of the Highway Capacity Manual. Along SRA routes, LOS C should be maintained on the through movements of the SRA route and LOS D on all other movements. On non-SRA routes, LOS C should be strived for on all intersection movements. Capacity analysis results are provided in Exhibit 7. Base conditions were tested, and are generally able to provide acceptable (LOS D or better) operations for all movements at the Total Traffic assignments. Furthermore, all overall intersection operations will maintain their existing LOS C during all of the peak hours. Note that additional traffic generated by the proposed re-development has a negligible impact on intersection operations at the Midwest Road/IL 56 intersection. Summary printouts of the Capacity Analyses are provided in Appendix IV. Gewalt Hamilton Associates, Inc.-Page 3 Time Square Cafe Midwest Road @ IL Rte 56 Oak Brook, Illinois Oak Brook requires that two-way parking aisles for 90° parking spaces be 27 feet. Some of the aisles on the architect's site plan are measured at less than 24' and in one location the two way aisle is less than 20 feet. Site plan should be adjusted to provide at least 24 feet for all two way aisles and 27 feet wherever possible. SECTION 5. CONCLUSIONS The traffic generated by the Time Square Cafe is expected to have a negligible impact on the existing operations of the Midwest Road/IL Rte 56 intersection. Parking aisles should be adjusted to provide a 24 foot minimum drive aisle and increased to 27 feet (Village Standard)whenever possible. Precautions should be taken to manage on site queuing (see recommendations above) to minimize impacts to site and roadway circulation. SECTION 6. TECHNICAL ADDENDUM The following Exhibits were previously referenced and provide technical support for our observations, findings, and recommendations discussed in the text. Exhibit 1. Site.Location Map 2. Site Context 3. Existing Traffic 4. Project Traffic Characteristics 5. Development Traffic 6. Total Traffic Volumes 7. Intersection Capacity Analyses Appendices I. Site Plan (reduced) If Traffic Count Data III. Previous (2000) Intersection Design Study(IDS) IV. HCS software Printouts 4047.900 Time Square Cafe TIS-081308.doc Gewalt Hamilton Associates, Inc.-Page 5 TECHNICAL ADDENDUM GEWALT HAMILTON ASSOCIATES, INC. 1M+IAPOWEST, goo m" 300 ft r ` Subject �e n Sitey , a f� .. a.J 3 f t (moo 1 .«--« —tee -.� _ •.€ 0 260 MOPOu"t Inc. Map Data 8:2069 N VTE4 or TeleAtlss Proposed Time Square Cafe—SEC Summit Avenue @ II,Rte 56 (Butterfield Road); Oak Brook, IL GEWALT HAMILTON Exhibit 1 ASSOCIATES, INC. Location Map N Not To Scale ?A- 17 ,00 A"17100 _ > > ) 16� 01 6�"a r .0 l� NA o 90 010• � �b*imo Subject V Site XX --AM Peak Hour 7:45-8:45am 000 —Midday Peak Hour 12:00pm-1:00pm 000 -PM Peak Hour 4:30-5:30pm - --Loss than 5 Vehicles xxx --24—hour volume Exhibit 3 G E WALTH AMILTo N Existing Traffic Volumes ASSOCIATES, INC. 3oXC9& GHA Aup 20M IDOT 2007 Exhibit 4 Project Traffic Characteristics Proposed Time Square Cafd-Summit Ave @ IL Rte 56 Oak Brook,Illinois Part A. Trip Generations Morning Peak Hour Midday Peak Hour(3) Evening Peak Hour ITE Land (7:45 to 8:45 AM) (2) (12:00 to 1:00 PM) (4:45 to 5:45 PM) Daily Development Use Code In Out Sum New In Out Sum New In Out Sum New Sum Time Square Caf6 A. 58 seats(4) #934 40 35 75 55 50 50 100 50 30 25 55 25 1,160 B. 2,495 sq ft #934 70 65 135 100 60 55 115 60 45 45 90 45 1,240 Discussion: Use calculations based on square footage to be conservative Part B. Trip Distribution Percent Use by Route Route Direction (To/From) Arrive Depart Summit Ave/ Midwest Road North of IL 56 10% 25% South of Site 35% 15% IL Rte 56 (Butterfield Rd) East of Site 10% 45% West of Summit/Midwest 45% 15% Notes: Total = 100% 100% 1)Source:Institute of Transportation Engineers(ITE), Trip Generation Manuel-7th Edition 2)Per ITE not all trips are new, up to 50%of peak hour trips could be pass-by GEWALT HAMILTON 3)ITE PM Peak Hour of Generator-could depend upon ultimate tenant ASSOCIATES, INC. 4)Seats include proposed outdoor seating area N Not To Scale Rd a o- P b �� `�lr C j N�O " o �L ze'` • 10116 51 6)i ;j Time ..� Square Cafe 8 XX --AM Peak Hour 7:45-8:45am I= --Midday Peak Hour 12:OOpm-1:OOpm 000 --PM Peak Hour 4:30-5:30pm - --Less than 5 Vehicles x -24-hour volume Exhibit 5 G EWALTH AMILTO N Site Generated ASSOCIATES, INC. Traffic Volumes N Not To Scale Clg°' koe41 nm 50 '160 ^p— AGO co � ? • qtr Time Square �¢o N Cafe n b� a 1� a S g kg1 lg� t r' 1a XX -AM Peak Hour 7:45-8:45am O00 -Midday Peak Hour 12:00pm-1:00pm 000 -PM Peak Hour 4:30-5:30pm - -Less than 5 Vehicles xxx -24-hour volume Exhibit 6 G E WALTH AMILTO N Total Traffic Volumes ASSOCIATES. INC. Exhibit 7 Intersection Capacity Analyses Proposed Time Square Cafe-Summit Ave C IL Rte 58 Oak Brook,Illinois Part A. Parameters - Type of Traffic Control (Source:2000 Highway Capacity Manuaq 1. Traffic Signals 11. Stop Sign LOS Delay(sec I veh) Description LOSS Delay(sec I veh) A <_10 All signal phases clear waiting vehicles without delay A <_10 B >10 and:r.20 Minimal delay experienced on select signal phases B >10 and<_ 15 C >20 and<_35 Some delay experienced on several phases;often used as design criteria C >15 and:5 25 D >35 and 5 55 Usually considered as the acceptable delay standard D >25 and:5 35 E >55 and<_80 Very long delays experienced during the peak hours E >35 and<_50 F >80 Unacceptable delays experienced throughout the peak hours F >50 Part B. Results LOS Per Movement By Approach >=shared LanF Intersection I Roadway .a Non critical or not Allowed Movement Approach Conditions Eastbound Westbound Northbound Southbound Delay LT TH RT LT TH RT LT TH RT LT TH RT sec/veh) FLOS Summit/ Midwest A IL Rte 56 SIGNALIZED Intersection Delay A.Weekday Morning Peak Hour Existing Traffic(See Exhibit 3) -Current A C < B D < C D C C D < 30.7 C Total (See Exhibit 6) •Current A C < B D < C D C C D < 30.7 C B.Weekday Midday Peak Hour Existing Traffic(See Exhibit 3) •Current C C < A C < C D B B D < 28.3 C Total (See Exhibit 6) •Current C C < A C < C D B B D < 28.6 C C.Weekday Evening Peak Hour Existing Traffic(See Exhibit 3) •Current C D < B C < C D B C D < 33.4 C Total (See Exhibit 6) •Current C D < B C < I C D B I C D < 34.0 C (RiLTWN AS�tES,NG APPENDICES I. Site Plan (reduced) II. Traffic Count Data III. Previous (2000)Intersection Design Study(IDS) IV. HCS software Printouts GEWALT HAMILTON ASSOCIATES, INC. Gewalt Hamilton ' 820 Lakeside Dr. Suite 5 Gurnee,IL 847-855-1100 4074.900 Civil-Municipal-Trac File Name : Butterfield at Summit-Midwest PM Butterfield Rd @ Summit Ave/Midwest Rd Traffic Site Code : 04074900 PM PEAK: 4:00pm-6:00pm Start Date : 8/6108 BCC Page No : 1 Groups Printed-Unshifted SUMMIT AVE BUTTERFIELD RD MIDWEST RD BUTTERFIELD RD Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds App' Left ThN Right Peds App' Left Thru Rlght Peds App' Left Thru Right Peds App' int. Total Total Total Total Total 04:00 PM 12 62 51 0. 125 34 170 13 0 217 14 76 61 0 151 33 179 22 0 234 727 04:15 PM 20 83 44 0 147 40 179 12 0 231 19 88 56 0 163 41 134 15 0 190 731 04:30 PM 24 68 42 0 134 41 188 21 0 250 19 80 63 0 162 43 204 25 0 272 818 04:45 PM 23 78 45 0 146 43 178 16 0 237 28 78 81 1 188 34 205 18 0 257 828 Total 1 79 291 182 0 5521 158 715 62 0 9351 80 322 261 1 6641 151 722 80 0 9531 31.04 05:00 PM 16 58 48 0 122 40 198 21 0 259 19 76 59 0 154 67 251 19 0 337 872 05:15 PM 17 69 50 0 136 45 187 16 0 248 17 97 79 0 193 39 195 13 0 247 824 05:30 PM 19 69 54 0 142 32 203 18 0 253 18 70 59 0 147 37 202 17 0 256 798 05:45 PM 24 59 51 0 134 45 181 11 0 237 23 99 74 0 196 22 122 17 0 161 728 Total 76 255 203 0 534 162 769 66 0 997 77 342 271 0 690 165 770 66 0 1001 1 3222 Grand Total 155 546 385 0 1086 320 1484 128 0 1932 157 664 532 1 1354 316 1492 146 0 1954 6326 Apprch% 14.3 50.3 35.5 0 16.6 76.8 6.6 0 11:fi 49 39.3 0.1 16.2 76.4 7.5 0 Total%I 2.5 8.6 6.1 0 17.2( 5.1 23.5 2 0 30.5 I 2.5 10.5 8.4 0 21.41 5 23.6 2.3 0 30.9 SUMMIT AVE BUTTERFIELD RD MIDWEST RD. BUTTERFIELD RD Southbound Westbound Northbound Eastbound StartTime Left Thru Right I Peds App' Left Thru Right Peds App' Left Thru I Right Peds App' Left Thru Right Peds App. Int Total Total Total Total Total Peak Hour Analysis From 04:00 PM to 05:45 PM-Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM 04:30 PM 24 68 42 0 134 41 188 21 0 250 19 80 63 0 162 43 204 25 0 272 818 04:45 PM 23 78 45 0 146 43 178 16 0 237 28 78 81 1 188 34 205 18 0 257 828 05:00 PM 16 58 48 0 122 40 198 21 0 259 19 76 59 0 154 67 251 19 0 337 872 05:15 PM 17 69 50 0 136 45 187 16 0 248 17 97 79 0 193 39 195 13 0 247 824 Total Volume 80 273 185 0 538 169 751 74 0 994 83 331 282 1 697 183 855 75 0 1113 3342 %App.Total 1 14.9 50.7 34.4 0 17 75.6 7.4 0 11.9 47.5 40.5 0.1 1 16.4 76.8 6.7 0 PHF 1 .833 .875 .925 .000 .921 1 .939 .948 .881 .000 .959 .741 .853 .870 .250 .903 .683 .852 .750 .000 .8261 .958 Gewalt Hamilton 820 Lakeside Dr. Suite 5 Gurnee,IL 847-855-1100 4074.900 Civil-Municipal-Traffic File Name : Butterfield at Summit-Midwest MID Butterfield Rd @ Summit Ave/Midwest Rd Site Code :04074900 MID PEAK-11:00am- 1:00pm Start Date 8/6/08 BCC Page No : 1 Groups Printed Unshifted SUMMIT AVE BUTTERFIELD RD MIDWEST RD BUTTERFIELD RD Southbound Westbound Northbound Eastbound ' Start Time Left Thru Right Peds App.ThruLeft Thr, Right Peds App" Left Thru Right Peds AppLeft Thru Right Peds App: Int Total Total TotaI Total Total 11:00 AM 14 61 31 0 106 23 101 7 0 131 22 69 49 0 140 19 68 12 0 99 476 11:15 AM 15 70 36 0 121 24 130 8 0 162 12 79 31 0 122 32 87 15 0 134 539 11:30 AM 18 69 23 0 110 35 137 11 0 183 12 70 41 0 123 43 97 18 0 158 574 11:45 AM 9 77 34 0 120 33 134 21 0 188 22 101 32 0 155 46 92 18 0 156 619 . Total 56 277 124 0 457 115 502 47 0 6641 68 319 153 0 5401 140 344 63 0 5471 .2208 12:00 PM 15 71 37 0 123 61 150 14 0 225 32 70 42 0 144 36 115 31 0 182 674 12:15 PM 24 84 36 0 144 28 139 11 0 178 27 100 40 1 168 52 114 31 0 197 687 12:30 PM 26 78 45 0 149 37 138 14 0 189 34 65 51 0 150 44 109 21 0 174 662 12:45 PM 25 67 46 0 138 33 152 13 0 198 30 104 43 0 177 44 109 24 0 177 690 Total 90 300 164 0 554 159 579 52 0 790 123 339 176 1 6391 176 447 107 0 730 2713 Grand Total 146 577 288 0 1011 ) 274 1081 99 0 1454) 191 658 329 1 11791 316 791 170 0 12771`I 4921 Apprch /0 14.4 57.1 28.5 0 18.8 74.3 6.8 0 16.2 55.8 27.9 0.1 24.7 61.9 13.3 0 Total% 3 11.7 5.9 0 20.5 5.6 22 2 0 29.5 3.9 13.4 6.7 0 24 6.4 16.1 3.5 0 26 SUMMIT AVE BUTTERFIELD RD MIDWEST RD BUTTERFIELD RD Southbound Westbound Northbound Eastbound Start Time Left Thti Right Peds App' Left Thru Right Peds App" Left Thru Right Peds App' Left Thru Right Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 11:00 AM to 12:45 PM Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:00 PM 12:00 PM 15 71 37 0 123 61 150 14 0 225 32 70 42 0 144 36 115 31 0 182 674 12:15 PM 24 84 36 0 144 28 139 11 0 178 27 100 40 1 168 52 114 31 0 197 687 12:30 PM 26 78 45 0 149 37 138 14 0 189 34 65 51 0 150 44 109 21 0 174 662 12:45 PM 25 67 46 0 138 33 152 13 0 198 30 104 43 0 177 44 109 24 0 177 690 Total Volume 90 300 164 0 554 159 579 52 0 790 123 339 176 1 639 176 447 107 0 730 2713 %App.Total 16.2 54.2 29.6 0 1 20.1 73.3 6.6 0 19.2 53.1 27.5 0.2 24.1 61.2 14.7 0 PHF 1 .865 .893 .891 .000 .930 .652 .952 .929 .000 .878 .904 .815 .863 .250 .903 .846 .972 .863 .000 .926 .9B3 ces •r x.r.�/ ,n-,'srT-aa-. n. i e° i� •9 I I L - we,pJ! aaanao aL. f%,• J _� -an" f w •v. --:r s�a�.+:�,,W - -», "'°�'--�. i � tl sum s\iu•''•, m _wm -, .m a -m r -A�m;;i�""'K a•m�r-. �... „rt':+,y,�'.°�" R' ,:5'" .� S ,I'.. = ..C!"7 �a�' - xanis aMts3o tmun5r31M � rn,awa ea.n'dd d."6..'�• m..�,�'•�"3!•' ��d :.".�d�n'Ya •nwd:,�i;�.'p�� %'i � wuv „Fded,i°tm� �--- .,:,•p.,naaa..a.n '''c wv.rd anion anaoa pe wa•N, waw n+i� aro. p,e pn•.a.aavp+ •°n w ram° � / <� q. ' wa pn• *.a!9e.1��ie"a-F /N• ; ^. lmrapw %� ' Wla i c:ra 34 mc:a �s:sn 1O1 torus L �• aLJ.r—a t 3elum uLnRa Xanl ,;• " ...—__..-__. ww+u px uaaa r nrmar x " •.' aupr f i'T w.n yr awe w raeaaroran m.a as mrnmw w prmmc /ff . _ -__ .-.. ' avr �" ,�',e \ • ..� .ate_m I_ e.-v.�.:.n•� ' c'- b�par —.__- � „ /lk)d �. 1 )' INIWfaa ad vur Lrtelltl w - e as ni TMn� 4•J- tr .-tet ,,�j sees aaor.w rt �u ar''ry I•n• -s �'� n v. t'! uma+r e"r wupTa•:pmawKnvrrwv -rmlm w`"ap'r"�•Pi i_n -vm�i crape wl�am"paa"a"i. ��'.ya�I 1 ��• t �_ _..____we ea -�" p•awmraw�ra•fRi w x�'m '•r.wonmm°na, / xy�- _��r' ��' w mo — �rm'wnwnovwe vew"�wvwr ! • .` „'nn•f +:T-RRYT`a?a: (_•,3T-albrrww r+ rnana.ear'venmaara i �/ - _. _-_ mw aae,r�e.races.msa s 6�r .� ._ — ��e - .. - �� w '°n'..`•„'w .asn w°,aaxm saw•asi a �'.:°< F _ '� •arm awrwT- _ tea.' �.N ' :-aanu satsw urnm HCS+- DETAILED REPORT d :a,b�..< ,. ,:... rY I ,, .� _ " u .. . .. .., ;kap, . <.'�AwtO f �� e � � Analyst DPB Intersection MIDWEST@ IL 56 Agency or Co. GHA Area Type All other areas Date Performed 8/11/08 Jurisdiction IDOT/DCDOT Time Period AM PEAK Analysis Year TOTAL Project ID TIME SQ CAFE EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 2 1 1 2 0 Lane Group L TR L TR L T R L TR Volume,V(vph) 90 466 35 160 960 45 134 276 175 80 192 255 % Heavy Vehicles, %HV 2 2 2 2 2 2 2 2 2 2 2 2 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P)or Actuated A) A A A A A A A A A A A A Start-up Lost Time, h 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, a 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type,AT 4 4 4 4 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 13.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped/Bike/RTOR Volumes 0 0 0 0 1 0 0 0 0 0 0 0 0 Lane Width 11.0 12.0 11.0 12.0 11.0 11.0 11.0 11.0 11.0 Parking /Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, Na 0 1 0 1 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EB Only EW Perm 04 Excl. Left NS Perm 07 08 G = 11.0 G = 4.0 G = 37.0 G = G = 10.0 G = 22.0 G = G= Timing Y= 4 Y= Y= 6.5 Y= Y= 4 Y= 6.5 Y= Y= Duration of Analysis, T= 0.25 C cle Length, C = 105.0 ��z ,r ♦ �Y ";Ql !fi' � � G Y l EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 95 528 168 1058 141 291 184 84 470 Lane Group Capacity, c 379 1370 469 1241 290 718 576 368 657 v/c Ratio, X 0.25 0.39 0.36 0.85 0.49 0.41 0.32 0.23 0.72 Total Green Ratio, g/C 0.60 0.39 0.46 0.35 0.37 0.21 0.38 0.37 0.21 Uniform Delay, d1 14.1 23.0 17.2 31.5 23.9 35.8 23.2 22.5 38.6 Progression Factor, PF 0.586 0.904 1.000 0.941 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.38 0.11 0.11 0.11 0.11 0.28 Incremental Delay, d2 0.3 0.2 0.5 5.9 1.3 0.4 0.3 0.3 3.7 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 8.6 20.9 17.6 35.6 25.2 36.2 23.5 22.8 42.3 Lane Group LOS A C 8 D C D C C D Approach Delay 19.1 33.1 29.9 39.3 Approach LOS 8 C C D Intersection Delay 30.7 Xc = 0.78 1 Intersection LOS C Copyright 0 2005 University of Florida,All Rights Reserved HCS+TM Version 5.21 Generated: 8/11108 3:36 PM HCS+- DETAILED REPORT 4 ... Analyst DPB Intersection MIDWEST@ IL 56 Agency or Co. GHA Area Type All other areas Date Performed 8/11/08 Jurisdiction IDOT/DCDOT Time Period MID PEAK Analysis Year TOTAL Project ID TIME SQ CAFE ' �*'< ';.;, �a ;:.` ,d, -: ,•^: ,1 ,�. ., S ,,, �F "�°, �`..' ,c ` Ez ;;< AN ssr EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 2 1 1 2 0 Lane Group L TR L TR L T R L TR Volume,V(vph) 175 472 115 160 580 50 133 354 175 95 301 165 % Heavy Vehicles, %HV 2 2 2 2 2 2 2 2 2 2 2 2 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 10.95 0.95 10.95 0.95 10.95 0.95 0.95 Pretimed P)or Actuated (A) A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, a 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 4 4 4 4 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped/Bike/RTOR Volumes 0 0 0 0 0 0 0 0 0 0 0 0 Lane Width 11.0 12.0 11.0 12.0 11.0 11.0 11.0 11.0 11.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 1 0 10 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left WB Only EW Perm 04 Excl. Left NS Perm 07 08 G = 8.0 G = 10.0 G = 27.5 G = G = 13.0 G = 20.5 G = G = Timing Y= 4 Y= Y= 6.5 1 Y= IY = 4 Y= 6.5 Y= Y= Duration of Analysis, T= 0.25 Cycle Length, C = 100.0 .. '. .. . ', �< `�. .•/t ,,.'�fl.Y,.�a_. j°'"v, �✓��,a3� ,.�tG'��*- 4' .. a3��>.s. €'SEI�'§ ` � Y €"�`„ �� ,F'",.",3��.3 a,��<. t EB WB NB SB LT TH RT LT I TH RT LT I TH RT LT TH I RT Adjusted Flow Rate, v 184 618 168 664 140 373 184 100 491 Lane Group Capacity, c 335 947 519 1314 339 703 750 387 665 v/c Ratio, X 0.55 0.65 0.32 0.51 0.41 0.53 0.25 0.26 0.74 Total Green Ratio, g/C 0.36 0.28 0.56 0.38 0.40 0.20 0.49 0.40 0.20 Uniform Delay, d1 23.3 32.0 12.2 24.1 20.7 35.5 14.8 19.6 37.2 Progression Factor, PF 1.000 1.000 0.662 0.920 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.15 0.23 0.11 0.11 0.11 0.13 0.11 0.11 0.30 Incremental Delay, d2 1.9 1.6 0.4 0.3 0.8 0.8 0.2 0.4 4.4 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 25.2 33.6 8.4 22.5 21.5 36.2 15.0 20.0 41.6 Lane Group LOS C C A C C D B B D Approach Delay 31.7 19.7 27.7 37.9 Approach LOS C 8 C D Intersection Delay 28.6 Xc =0.69 Intersection LOS C Copyright 0 2005 University of Florida,All Rights Reserved HCS+TM Version 5.21 Generated: 8/11/08 3:37 PM HCS+" DETAILED REPORT s i J Analyst DPB Intersection MIDWEST@ IL 56 Agency or Co. GHA Area Type All other areas Date Performed 8/11/08 Jurisdiction IDOT/DCDOT Time Period PM PEAK Analysis Year TOTAL Project ID TIME SQ CAFE M �1 h, % MR Pa ?" . r EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, N1 1 2 0 1 2 0 1 2 1 1 2 0 Lane Group L TR L TR L T R L TR Volume,V(vph) 185 871 80 170 750 75 91 341 280 83 276 185 % Heavy Vehicles, %HV 2 2 2 2 2 2 2 1 2 2 1 2 2 2 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P)or Actuated (A) A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, a 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type,AT 4 4 4 4 1 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped/Bike/RTOR Volumes 0 0 0 0 0 0 0 0 0 0 0 0 Lane Width 11.0 12.0 11.0 12.0 11.0 11.0 11.0 11.0 11.0 Parking /Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nrn Buses Stopping, NB ' 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 1 3.2 3.2 3.2 3.2 Phasing Excl. Left WB Only EW Perm 04 Excl. Left NS Perm 07 08 G = 17.5 G = 4.0 G = 40.0 G = G = 9.2 G = 28.3 G = G = Timing Y= 4 Y = Y= 6.5 Y= Y= 4 Y= 6.5 Y= Y= Duration ofy�Analysis, T= 0.25 y y yt Cycle Length, C= 120.0 =.. - b3 ' .•n' '� 'Gro u,4. � .�`rf §3 EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 195 1001 179 868 96 359 295 87 486 Lane Group Capacity, c 383 1167 427 1283 271 808 769 325 760 v/c Ratio, X 0.51 0.86 0.42 0.68 0.35 0.44 0.38 0.27 0.64 Total Green Ratio, g/C 0.48 0.33 0.60 0.37 0.37 0.24 0.50 0.37 0.24 Uniform Delay, d1 19.4 37.3 19.2 32.0 26.6 39.1 18.4 25.9 41.3 Progression Factor, PF 1.000 0.958 0.575 0.928 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.12 0.39 0.11 0.25 0.11 0.11 0.11 0.11 0.22 Incremental Delay, d2 1.1 6.6 0.7 1 1.4 0.8 0.4 0.3 0.4 1.8 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 20.6 42.4 11.7 31.1 27.4 39.5 18.7 26.3 43.1 Lane Group LOS C D B C C D 8 C D Approach Delay 38.8 27.8 29.8 40.5 Approach LOS D C C D Intersection Delay 34.0 X� = 0.76 Intersection LOS C copyright 0 2005 University of Florida,All Rights Reserved HCS+TM Version 5.21 Generated: 8/11/08 3:38 PM a� ��O:jt:Nt`I VILLAGE OF OAK BROOK Interoffice Memorandum DATE: August 12, 2008 TO: Dale Durfey, Village Engineer FROM: Robert L. Kallien, Jr., Director of Community Development SUBJECT: Time Square Cafe—2121 Butterfield Road (formerly D's Diggity Dogs) Special Use requests for Outdoor Dining and Drive-thru Variation requests for Ground Sign and Parking Lot Landscape Setback Requirements The Plan Commission requested that the applicant provide a traffic study for the proposed drive-thru to address safety concerns in regards to stacking that may back up onto Midwest Road. They also questioned whether your department had reviewed and determined that the plan as proposed has met the width requirements for the access drive into/out of the entrance on Midwest Road and whether you had any other concerns in regards to this use. Attached is a copy of the Traffic Impact Study and the latest plan set dated July 21, 2008. Please note that (although they were shown on the plan) all of the parking stalls shown along the southern boundary of the lot were removed. I realize that this is short notice, however, if it is possible, please provide your written comments to Gail by tomorrow. If you are not able to do that, please let her know. Since you will be at the meeting Monday evening, you would be able to answer those questions posed by the Commission. 1 Memo-DD—Times Square Cafe-Traffic-2121 Butterfield-SU and VAR.doc /� `.v \\ 3 \\ \Al Ll (1- \I I I I J tlYgiOl1� A- 00 S� (D[ EDD 1 — 7T1 CD ED 9 < 1 SL ED CO ED ® ® ® ® C7 I �--, F f— I F� I I I I I I it I I I I QI I I I I 1 41� i F i I I ®® I I J ay I I gl ql I I I q� 11C 7 I I 1 I ii I d ®®® ge a a srotae aa. m ; 7 d I 000 Ll Times Square RestaurantOak Brook, IllinoisSavenok PropertiesKrupp s ciates Architects P.C.615 West F—t Street 'Oakbrook Terrace, Enol$ DEI11Wheton,X inois 60187 630.668.1266 �TACH COMMUNICATIONS 2115 Butterfield Road, Suite 200 Oak Brook,IL 60523 Tel(630)627-0071 Fax(630)716-1212 equiroz@qtechonline.com July 30, 2008 Village of Oak Brook M Robert L. Kallien 1200 Oak Brook Road AUG 1 2008 Oak Brook, IL 60523 VILLAGE()I" (AK OR00K C(71VIIIrIUR�(�pEVMLdpMEN.: Dear Mr. Kallien, I am writing to you with concern regarding the development plans in review for the 2121 Butterfield Road location. My name is Edward Quiroz, and I am President& CEO of Q-Tech Communications, Inc., located at 2115 Butterfield Road. I have been in business at this location for over eighteen years supporting mission critical services for some of the largest financial firms in the country such as Merrill Lynch, UBS, Reuters, William Blair & Company and some other remotely located firms. Q-Tech also supports the trading division of BP (IST Oil Americas) and the importance of this was noted when senior Oak Brook Village officials were invited and attended the BP's open house. Although at first appearances, it may seem that the 2115 Butterfield Road location is an all but vacant building, it is in fact an extremely secured and well-maintained high availability site ready to recover a financial firm's operation in a moment's notice. To maintain this state of readiness and to insure a secured facility, one of our responsibilities is to keep our parking lot clear of any unauthorized vehicles. This brings me to my concern regarding the planned development of 2121 Butterfield Road. I feel very strongly after years of noticing traffic out my window,which overlooks the property in question, that the proposed development will cause severe traffic congestion and create a safety hazard with the high number of vehicles trying to get in and out of a very small lot. Even when the smaller D's Hotdog business was there, I would hear screeching tires from aggressive drivers trying to get in and out of that space. In speaking with the developer(Peter Savenok), and seeing the investment planned for that space, it is obvious to me that a significantly higher amount of traffic through that space would be required to generate the revenue stream to make that business viable. The two entrance/exit points in that lot are less than 150 feet from a very busy intersection of i Midwest and Butterfield Road. This is just too close for a high traffic business like this. Anyone trying to exit the business from the west side onto Midwest Road and wanting to continue northbound would have to try and cut over pass the right turn lane and attempt to break into the lane going northbound where during the day there seems to be an endless line of cars. Then, there are the drivers that attempt to turn left out of the north exit, and I cringe watching them just skirt past the east bound traffic and then squeeze into the west bound traffic on Butterfield all traveling at 40+mph. I have also watched the emergency vehicles pull up for the unfortunate ones that did not make it. The other issue is adequate parking spaces for the proposed development at 2121 Butterfield Road. I have recently learned that a request for twelve employee parking spaces was inquired for use at the 2001 Midwest Road building in order to accommodate this new development. The building management, unaware of the issues involved, entertained this idea by submitting a Letter of Intent (see attachment"A"),but after becoming aware of my concerns, delivered a letter(see attachment "B") stating that the parking spaces would not be available. I also have a letter(see attachment"C") stating that I(Edward Quiroz) am authorized to speak on behalf of the property owner regarding these matters. My concern about the remote employee parking of this new development is there would be additional new traffic though my secured lot that my security group would need to monitor and control. I am also concerned about overflow into my parking lot. Again, when D's Hotdog was open, I would see the occasional driver park their car or truck in my lot and walk over, so they could more easily exit out. With the increase of traffic to the proposed location, I can only anticipate the number of overflow vehicles to increase from when D's Hotdog was there. In addition, during years of experience in working with Village Inspectors on various projects, I have learned that parking spaces per building square footage is very important, and even thinking about losing one parking space (not to mention twelve) at a building is a very big deal. I would be against any variance that would alter that requirement. In closing, I am sure I feel as many others do in saying I would like to see something nice come into that corner,but it needs to be something that makes sense for the size of lot as to not adversely impact surrounding and long existing businesses. I look forward to attending the next Village Meeting on August 18`h. Until then, if there are any questions, or if you would like to contact me, you can reach me through the following ways: Work Phone: (630) 627-0071 Cell Phone: (630) 669-5283 E-Mail: eguiroz(c-Dgtechonline.com Q-Tech Communications 2115 Butterfield Road Oak Brook, IL 60523 Sincerely, Edward R. Quiroz President&CEO Q-Tech Communications, Inc. equirozOmtechonline.com (630)627-0071 is�. (ATTACHMENT "C") GROUP FOX PROPERTY MANAGEMENT 2600 W. Montrose Ave . Chicago IL 60618 Phone 773 267-5600 Fax 773 267-0725 July 24, 2008 Re: 2115 Butterfield Rd. , Oak Brook IL To whom it may concern: This firm acts as managing agent for the owner of the commercial property located at 2115 Butterfield Rd. , Oak Brook IL. The sole tenant of that property is Q-Tech Communications, Inc. , whose principal is Mr. Edward Quiroz . The subject property adjoins property known as 2121 Midwest Rd. , Oak Brook IL, concerning which approvals for parking space variances have apparently been sought . This confirms on behalf of this firm, as said management agent, that any position taken by M. Edward Quiroz and Q-Tech Communications, Inc . on the issue of the parking variances and related matters pertaining to 2121 Midwest Rd. Oak Brook IL, is also the position of the owner of the property at 2115 Butterfield Rd. , Oak Brook IL, and limited to this issue, Mr. Quiroz is authorized to speak on behalf of the property owner. Grou Fox Property Management c Richard Kunic]ti Jul 25 08 09: 29a las G Davidson & Rsso 77, 757125 p. 3 (ATTACHMENT "B") DOUGLAS G. DAvIbSON & ASSOGIATE:5 ATTORNEY AT LAW 6413 NORTH KINZUA SUITE 200 CHICAGO. ILLINOIS 60646-5425 177'J1 T>6.70Q6 1 FAX (7731 776.7125 July 24, 2008 By FAX (847) 759-1740 and mail Mr. Nickolas K. Prittis The Legal Advocates Group, P.C.- 1300 Jefferson Street, #303 DesPlaines IL 60016 Re: Proposed license agreement for parking at 2001 Midwest Rd. Oak Brook between Group Fox, Inc. , agent, and Times Square Cafe, LLC Dear Mr. Prittis: I represent Group Fox, Inc. for these purposes. After executing a Letter of Intent of July 22, 2008 on behalf of my client, I learned that the arrangement under consideration i would pose insoluble operational: difficulties for one of my client's tenants. For that reason my client will not be able to proceed with a license or lease agreement to allow your client' s personnel to park at the referenced property. Yo rs, Dougl G. Davidson fi Atto ey at Law I 1 C:grfxprk.lcs �.?• G Jul 25 08 09: 29a Dy*as G Davidson & Rsso 7737 57125 P. 2 (ATTACHMENT "A") LETTER OF INTENT Proposed Terms of Parking Spot License for 12 Parking spaces located at: 2001 Midwcst Road. Oak Brook,IL 60181. •(12 Spaces) Landlord: Group Fox,Inc.,an Illinois Corporation Tenant: Time SgAare C66,LLC.2121 Midwest Road Term: FIVE(5)Years Rate: $50.04 per parking Space,Total Oross Rent: 5640.00 per month Deposit: One Month's Reat Commencement Date:Opening of Tenant's Trade Business:Time Squarc Cafe Additional Terms: Landlord to provide access and great License to Tenant for 12 spots,as available for Tenant,Tenant's Employees,and I or Invitees. Tenant to provide Liability Insurance(Injury to persons and property)acceptable to Landlord,naming.Landlord as an Additional Insured Further terms to be provided in tho Parking.License. This Letter of Intent•is hOreby,executed for purposes of providing initial terms for the. Licegsc to bc.drafled and prcpared by the parties hereto. The.Parties acknowledge that the finalized License,with the remaining temas and provisions to be agiccd.upon,will be the actual agreement between the•parties. Executed this -day of July,2008. For Landlord: 4114 FOX(i UP,INC., an lWnois Corporation,as Agent for ROOK PBR,LLC.,an Winois Limited Liability Compaay. For'Tenant: TWE SQUARE CAFt,LLC: Dfa a County Health DePOtment Central Office 111 North County Farm Road Wheaton,IL 60187-3988 Telephone:(630)682-7400 Pian Review www.dupagehealth.org #SO8050 July 24,2008 Christopher Krupp FHnDE C E E Krupp Associates Architects JUL 2 9 ma 615 W. Front Street CORRECTED COPY Wheaton, IL 60187 VILLAGE OF OAK BROOK COWUNITY DEVELOPMENT DEPT. Dear Christopher: PLAN APPROVAL FOR: Time Square Cafe located at 2121 Butterfield Road, Oak Brook, IL The revisions to the plans dated (no revision date), received on July 15, 2008, for the above food service facility have been approved by this Department(see enclosure). The following inspections are required: • Underground plumbing installations (as it pertains to the food service equipment). • Pre-final inspection. Without approval from the DuPage County Health Department, food and drystock cannot be received.into the establishment. • Final inspection. The establishment must also receive the final inspection prior to opening. A certificate of occupancy can then be obtained through the municipality. Allow 72 hours advance notice to be given when scheduling each inspection. Any further changes to the plans or the plan review form must receive advance approval. If you have additional questions and/or to schedule inspection(s), please contact me at 630-682-7979, extension 7110. Sincerely, Sara Burton-Zick, R.S. Senior Plan Review and Construction Supervisor Environmental Health Services SBZ:gc Enclosure: Response Transmittal July 7, 2008 cc: f Don Hastings, GroupWise, Village of Oak Brook, Building Department Harvey Mull, GroupWise, SE Public Health Center Supervisor Ramesh Patel,GroupWise, SE Public Health Center Area Sanitarian Sue Kowalczyk, GroupWise Food Program Manager, DCHD Jim McMahon, Schweppes Food Service, 376 W. North Avenue, Lombard, IL 60184 Savenok Properties, 17W 300 22nd Street, 2nd Floor, Oakbrook Terrace, 1160181 etc. Village Engineer Durfey brought up a very good point that the shape of the one conceptual lot may be problematic. Chairwoman Payovich said that the recommendation is for the map amendment and the concept, but the actual plat would be reviewed under that process. Member Iyer questioned if approval of the map amendment were given would that present a problem at the time the applicant applies for a final plat. Director of Community Development Kallien responded that at the time of final plat the applicant is required to design a subdivision that meets the zoning ordinance and subdivision requirements. The market may dictate some of the issues shown in the conceptual plan. Mr. Brechin said that they recognize that if the Village Board approves the map amendment to R-3, the applicant still has the burden to provide a subdivision plat that conforms to all of the village ordinances and regulations. They also recognize that is going to be a challenge, but they are willing to take it on and work with village staff and create a product that everyone can be proud of. Motion by Member Tropinski, seconded by Member Iyer to recommend approval of a map amendment to rezone the property at 2901 Oak Brook Road from R-2 to R-3. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 — Members Knitter, Sharma and Singhal Nays: 0 — Motion Carried. C. TIME SQUARE PROPERTIES, LLC — 2121 BUTTERFIELD ROAD — TIME SQUARE - 2121 SPECIAL USE—DRIVE THRU LANE FOR RESTAURANT AND SPECIAL BUTTERFIELD USE—OUTDOOR DINING AREA RD - SPECIAL USE-OUTDOOR DINING AND DRIVE-THRU Director of Community Development Kallien provided an overview of the request. The applicant purchased the property last year and would like to redevelop it even though it is a very small lot. They are seeking special uses in order to add a drive- thru lane and an outdoor dining area. Peter Savenok, 1877 S. Orchard Road, Wheaton, Illinois, applicant and owner of the property said that they would like to change the rainbow-colored building. They acquired the property almost a year ago. They found out that it was contaminated and needed to be cleaned. It took about 8 months to go through the EPA process in order to clean the property. They could not prepare drawings for the site until the EPA report was received. Three months were spent preparing plans for the site and have already provided revisions to those in order to comply with the Village codes and requirements. The property is located on a very busy intersection at Butterfield VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 27 July 21, 2008 and Midwest Road and is a rhombus shaped lot. They tried to work within the existing building and parcel to create something functional that looked good and complied with all Village codes and Health Department requirements. It was very difficult and the engineers, architect and landscape architects spent many hours trying to create something functional and good for the neighborhood as well as to make sense out of the investment so that it would not be a losing project. They are seeking two variances and two special uses. The special use for the drive- through enters the property from Midwest Road and as planned, they should be able to stack 8 or 9 cars. The special use for the outdoor dining area will be located at the front of the building. Over the last several years, all of the new restaurants provide outdoor dining, if possible, because it is convenient and people enjoy dining outdoors. They believe it would be a huge benefit for the neighbors and for the restaurant to be successful. They need to seek a variance to allow a freestanding sign because the lot is undersized. The sign rendering is not the final design or color. The sign would help to identify the restaurant before people drive past it or see the building last minute and change lanes to access the restaurant. They are also seeking a variance to reduce the setback requirement for the landscaping. Chairwoman Payovich asked if there were questions from the audience. Charles Mueller, 110 Schiller Street, Elmhurst, Illinois said that he was representing one of the adjacent landowners. He noted that the lot is less than one-half acre and along with a 2500 square foot building, required parking, and access onto and off of the property, the issue with adding in excess of the planned 8 cars being stacked in line would create a huge problem on Midwest Road heading north. When that occurs, it is going to greatly diminish the value of the two properties adjacent to the site. There are only 22 parking spots and minus employee parking, there would only be 18 parking spots available on the site. He did not think the plan should move forward because it did not appear to be well thought out. He noted that the location is challenging and would like to see the existing building taken down, but it seems like they are trying to put 10 pounds of material into a 5-pound bag. Vivien Yu, resident and owner of the building located adjacent to the building at 1919 Midwest Road said that when she first bought the building 10 years ago, her building was an eyesore and that they followed all of the rules and regulations and it is now a beautiful building. She said that the design of the proposed building is beautiful, but the only problem they have with the project is that IDOT has opened a third lane from Butterfield Road to 22"d Street, which will increase a.lot of traffic. It is very difficult for them to get out of their building now. If there are more than 8 cars in the drive-thru, traffic will back up and it will be chaotic to the public and the neighbors. The existing building is an eyesore and they have been very patient and have not complained. She welcomes the change but does not believe that the village has to give up a lot in order to accomplish a little. Oak Brook is a prestigious suburb and the regulations have to be followed in order to preserve its image. It is not fair VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 27 July 21, 2008 to her that her next-door neighbor would not have to provide the landscaping that Oak Brook requires, just so they could have a drive up. She did not think that it would be fair to the public or the neighbors and it would create a huge traffic problem. Director of Community Development Kallien asked whether it would address some of her concerns if the village limited the circulation on the property to enter from Midwest and exit east onto Butterfield. Mrs. Yu responded that it would not. She had concerns as to how many people/tables could be in the 2500 square foot building as well as how many employees. The flow into and out of the property is a chaotic situation and there are only 18 parking spaces. Director of Community Development Kallien responded that the Village's requirements for parking on this site is based upon 66.67 parking spaces per 1000 square feet, which means they would need about 30 spaces per code. As part of the request, the applicant is going to try to get a shared parking arrangement with an adjacent property. If he would be unable to do that then he would be back in front of the Village to seek a variation. Mrs. Yu questioned the maximum occupancy allowed within the restaurant. Director of Community Development Kallien responded that the occupancy load would be determined by the Fire Department based upon different factors. Mrs. Yu said that these were her concerns and added that it is a huge traffic problem; and that the opening of the third lane will make the traffic worse. Director of Community Development Kallien said that the use of the property is being maintained and the one significant change is adding the drive-thru. The applicant is trying to make do with a very difficult situation. The property is not laid out correctly. If the building is demolished, they would need an additional set of variations in order to construct a new building. Mrs. Yu commented that she understood that, but as a neighbor and an investor did not believe, she should suffer just because they need to expand. They have expanded for the better, not for the worst. If they add a drive-thru, she would also suffer. It would not be fair if they would not provide the required landscaping. With food, there are all kinds of problems, so the landscaping is needed to protect her as a neighbor, from the smell, and from the dust from the drive-thru. She did not think it would be fair. If they are seeking additional parking, she could assure that the other adjacent building is a 24-hour surveillance building and they do not want anyone in the parking lot, so she would be the one to suffer. She would also have the expense for the wear and tear on the maintenance of her parking lot,just because VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 14 of 27 July 21, 2008 A. someone wants to put a massive restaurant in a small lot that is less than one-half acre. She asked that the Commission give it some thought to determine if this would be the right kind of improvement that the village is looking for. Chairwoman Payovich noted that the applicant could not use her parking lot or another lot without an agreement with the property owner. William Lindeman, 11 Pembroke Lane said that he agreed with just about everything said by Mrs. Yu. He noted that there were important agenda items before the Commission and that there were three empty Commission seats. He said that it did not appear that there had been a lot of study done by the Commission regarding the items on the agenda. He thought the Commission should be concerned with the whole package, not just the special uses requested because they are all tied together. He did not think the Commission had received the necessary information to approve some of the issues before it at this meeting. He thought the Commission should consider having a greater number of Commissioners present when some of the decisions are acted upon. Chairwoman Payovich thanked Mr. Lindeman for his comments and stated that the people on the Plan Commission attempt to be very knowledgeable about everything that comes before them. Looking back at the Plan Commission records, the discussions by the Commission take into consideration everyone's concerns. In most instances,the decisions are very close to being unanimous. They do look at all the issues and concerns from the applicant to neighboring property owners and residents of the Village that may not be neighboring property owners. Mr. Savenok said that in regards to the parking requirements he had a signed letter of intent for 12 additional parking spaces, which would be used for the employees. They did build an oversized kitchen in order to accommodate the drive-thru. Almost half of the building is kitchen in order to serve a very fast and efficient drive-thru. There will never be a problem in the drive-thru and if necessary there is an area, the cars could wait. A drive-thru is very important for this location because it meets the today's needs as a fast food restaurant. Mark Richards, Civil Engineer, Webster, McGrath & Ahlberg Ltd., said that the impact of this project is a very positive one. The existing imperviousness on the site is 18,317 square feet. The proposed impervious area has been reduced to 16,960 square feet. The existing curb line against the southern boundary of the property has been moved further north so that the variance request for landscaping is very minimal; it is only along the drive-thru lane. The overall impact of the project is to add 1357 square feet of green space on the site. He noted that once cars have entered the site and are stacking in the drive-thru, there is additional width, which could allow three cars, so there is relief provided by the extra width in the lane. The minimum Oak Brook standard is 27 feet. In his opinion that amount of stacking is typical. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 15 of 27 July 21, 2008 Ron Guest, Landscape Architect, said that currently there is nothing on the property. There is green space surrounding the property, such as grass. They have incorporated additional shrubbery according to Village code, along Midwest and Butterfield Road. Additional landscaping is provided along the easterly property line and trees have been added to the site. No landscaping exists currently along the southern property line, except what exists on the adjacent property to the south. They have enhanced the area with additional landscaping and added screening around the trash receptacle. Landscaping has been added to the front of the building as well. The landscaping has been increased by 100%, and the building is improved. The landscaping variation is for the area where the drive-thru comes along next to the building. Director of Community Development Kallien said that some of the comments made were good comments. The Village Engineer and he have spent a lot of time on the project. It is a problem site; it is very small and the structure currently located there is not in compliance with Village codes. The applicant has needed to work around many issues. Mr. Savenok has been very helpful in providing the revisions to the documents as requested, but he asked that the matter be continued in order to address some issues, such as occupancy. He would work with the Fire Department to identify the actual occupancy of the building. It appears that there are approximately 20 parking spaces and 24 seats in the restaurant. A significant majority of the building is the kitchen, which has been mandated by the DuPage County Health Department. When the York Tavern applied for a modification to its building, most of that was driven by the Health Department in order to meet its requirements for space, cooking facilities, storage, refrigeration, etc. When those improvements were made, it now meets Health Department requirements. This site has the same dilemma because the previous kitchen did not meet code and the Health Department ultimately closed it down. It may seem excessive, but that may be mandated by another governmental entity. He would also like to review with the Village Engineer some of the vehicular movements on the site, based on some of the comments made by the audience. Whatever happens on the site, we want to make sure they are made better. The applicant has made some large steps forward to address some of the concerns and there may be further tweaking that could be done. Trustee Wolin thanked the applicant for planning to tear down D's Diggity Dogs and to replace it with a very attractive building. The most problematic thing is the drive-thru. The entrance on Midwest Road as shown the site plan does not appear to work. The civil engineer said that there is a 33-foot width there, but the way that it is drawn, with cars stacking up there, it does not appear that there is enough in and out access provided. He asked the area be reviewed by the Engineering Department. Member Lalmalani said that he was concerned about the issue of safety, with cars VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 16 of 27 July 21, 2008 �O entering and leaving the site. While the other issues are reviewed, safety on the site should be reviewed as well. Anything that is constructed would be better than what exists on the site. Charles Mueller said that it is a challenging project and he requested that the Commissioners and the engineer review the project. It seems like the engineering may be bending over backwards to help the applicant, but he is not helping those that are adjacent to the property. It will be a huge nightmare with the drive-thru. Any restaurant with a drive-thru is going to have more cars backed up at lunchtime. It will be a complete disaster. If a bigger kitchen were built, that would mean there would be a lot more drive-thru traffic. The Portillo's in Elmhurst has double lanes of traffic and plenty of stacking space. This is an accident waiting to happen. He requested the Commission not take anyone's word, but to go out and use a little common sense. Mr. Savenok said that the Health Department required additional dry storage in the kitchen. They are providing an oversized kitchen and very limited seats in the restaurant. The restaurant may not be completely booked, but the seats area provided for mere convenience to allow people to sit inside or outside. They are not going to be like Portillo's, he would wish that, but it will not happen. Christopher Krupp, Krupp Associates Architects, said that they have already been approved by the Health Department for the design. In order to meet its requirements there is a very large addition off to the left and the right, but they are for storage only. Almost half of the building is kitchen and storage. The building, outside of those additions, is exactly the same size and footprint of the existing building. The concern that people have is that they are imagining it to be much larger than it really is; but it is just a better-looking building. The Fire Department will determine the seating allowed. The area for seating is fairly small. The kitchen was intentionally made large so that the drive-thru would work quickly. The aesthetic improvement is tremendous. Additional parking is going to be provided elsewhere for all of the employees. Mrs. Yu said that her main concern is for safety. If they are going to put in this kind of investment, they want a busy lunch and dinner. She asked how it would impact the neighbors if there were 11-12 cars stacked up. It does not make sense to have the drive-thru lane enter from Midwest and exit onto Butterfield. She and their tenants would be locked onto their property. There are all kinds of professionals in her building, including doctors and patients. It is difficult currently to get across the street. The applicant said that they would have 6 employees, D's had 5 employees working; it does not make sense. It is a beautiful plan, but it does not make sense and does not want to see a monster created. Andy Savenok, represented Savenok Properties. They will have a big kitchen, which will speed up the process. They are also going to have the best POS system VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 17 of 27 July 21, 2008 /ate in the industry. They went to the National Restaurant Association show and are working with companies to provide the fastest and most efficient point of sale system, which would further speed up the traffic. It is illogical to claim that the additional lane provided by IDOT would create chaos; it has been added, in fact to make traffic go faster. Starbucks is a huge conglomerate and he goes there every day to get his coffee. At the most, he has seen 5 or 6 cars in their drive-thru. To suggest that they would have more than 9 cars stacked, when they will have the best possible POS system, and a large kitchen is ridiculous. It was the consensus of the Commission to give staff additional time. Member Tropinski moved, seconded by Member Iyer to continue the matter to the next regular meeting. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 — Members Knitter, Sharma and Singhal Nays: 0 — Motion Carried. Chairwoman Payovich called for a 5-minute recess. The meeting reconvened at 9:41 p.m. D. MACY'S — TEXT AMENDMENT — AMEND TEXT TO PERMIT MAEND- TEXT OUTDOOR SALES EVENTS IN THE B (BUSINESS) DISTRICTS OUTDOOR SALES John Brechin, attorney for the applicant, said that the applicant was seeking approval of a text amendment as enumerated on the staff report on page 6.a of the case file. He noted that they are not married to the language as proposed and should the Plan Commission be of the opinion that some should be tweaked or changed, they do not have an objection. They are seeking a mechanism in the zoning ordinance, which presently does not exist,to allow for commercial retail ventures to have sales outside of the traditional permanent building. It would be a nice added feature for Macy's and other similarly situated retailers and the direct beneficiary would not only be the customers but also the Village. The text amendment is worded in such a way that the Village Board, on a case-by- case basis, would review any temporary permit. The permit would be of a limited duration and the set up and take down of the tents would have to occur in a very rapid period. The Village Board would not only review it with compliance to the ordinance, but would have the ability to impose whatever conditions would be appropriate for each particular event. Curt Moody, Store Manager, Macy's Furniture Gallery, has been the manager of the Oak Brook store for 2 1/2 years. Prior to that, he was the manager at the Vernon Hills and Lake Forest stores for Marshall Fields and has been with Fields for 37 years. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 18 of 27 July 21, 2008 lo-ve JA Forest Preserve District of DuPage County 3 S. 580 Naperville Road Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 July 16, 2008 Mr. Robert L. Kallien, Jr. Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Re: Public Hearing Notice on Time Square Properties Parcel Dear Mr. Kallien: The Forest Preserve District of DuPage County recently received notice of a proposed project on the Time Square Properties parcel located at 2121 Butterfield Road. We appreciate receiving timely notification of such projects that may have an impact on forest preserve property, and thank you for the opportunity to comment. District Staff has reviewed the public hearing notice and the proposed project. Due to the lengthy distance to the nearest preserve, we do not have any comments at this time. Please call me at (630) 933-7684 if you have any questions. Sincerely, Marcia Thomas Land Preservation Specialist cc: Kevin Stough, Director of Land Preservation Mailing Address: P.O. Box 5000 Wheaton, IL 60189-5000 www.dupageforest.com VILLAGE OF OAK BROOK Plan Commission/Zoning Board of Appeals STAFF REPORT DATE: July 18, 2008 CASE NO: 2008-008-ZO-SU(Drive-thru) 2008-009-ZO-SU (Outdoor Dining) DESCRIPTION: Special Uses to permit a.) a drive-thru lane/window and b.) outdoor dining area for the new Times Square Restaurant. PETITIONER: Peter Savenok, as representative of Time Square Properties, LLC. ADDRESS: 2121 Butterfield Road EXISTING ZONING: B-3 ACREAGE: 21,755 sq.ft. ZONING/USE OF SURROUNDING PROPERTY: North: City of Oakbrook Terrace, commercial uses. South: B-3, General Business District, office and retail uses. East: B-3, General Business District, office building. West: City of Oakbrook Terrace, commercial uses. DISCUSSION: Mr. Peter Savenok, as a representative of Time Square Properties, LLC, owner of the building previously known as D's Diggity Dogs, has submitted a request seeking approval of two special uses in conjunction with a proposal to redevelop/renovate the site as the Time Square Cafe. The site is presently improved with an approximately 2,000 square foot building that was most recently used as the home to the D's Diggity Dogs restaurant, which has been closed for over one year. Many years ago, the site was used for a gasoline service station. The property encompasses less than one-half acre and has frontage on two arterial roadways, Midwest Road to the west and Butterfield Road to the north. The existing two accesses, one on each roadway will be maintained. The first request is for a special use to develop a drive-thru lane, menu board and window on the south side of the property. Because of the size of the site, on-site stacking can accommodate stacking for seven vehicles in the drive-thru lane. STAFF REPORT-SPECIAL US RIVE-THRU AND OUTDOOR DINING TIME SQUARE PROPERTIESq LLC CASE No.2008-008-ZO-SU CASE No.2008-009-ZO-SU The second special use is for the construction of an 18 seat outdoor dining area on the north side of the building. As with other outdoor dining requests, the applicant is proposing that the dining area be surrounded by a decorative fence that incorporates concrete columns within the design and a two-foot wide landscape area with curb in order to provide separation for the outdoor dining patrons and vehicles in the parking lot. In addition to the special uses, the applicant has submitted additional requests for variations which will be needed to facilitate redevelopment of the site. These requests will be reviewed separately by the Zoning Board of Appeals. Please see the materials provided by the petitioner in the case file for a more detailed description of this request. Staff Comments: • Please see Village Engineer Durfey's comments in his memorandum dated July 15, 2008. • The use of the building as a restaurant is consistent with previous tenant(D's Diggity Dogs). • The proposed Time Square restaurant and site improvements, from an aesthetic consideration, will be a significant upgrade from the current building. The current building and some of the site improvements did not meet Village Code requirements. • The applicant did consider providing cross-access with the building to the south but due to changes in grade, it is not feasible. RESPONSIBILITIES OF HEARING BODIES: Both the Plan Commission and the Zoning Board of Appeals have the responsibility to make a recommendation on requests for special use. Please include in your consideration for each request, your findings with respect to the standards specified in the Zoning Ordinance for special uses. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant has satisfied the requirements for each of these special uses, separate recommendations would be in order to approve these requests subject to meeting the following conditions: 1. The development shall be in substantial conformance with the plans as submitted. 2 4PSTAFF REPORT-SPECIAL USE RIVE-THRU AND OUTDOOR DINING TIME SQUARE PROPERTIES,LLC CASE No.2008-008-Zo-SU CASE No.2008-009-Zo-SU 2. Address the issues raised by the Village Engineer including the provision that "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Respectfully Submitted, Robert L. a1Iien Jr. AICP Directo of Co ity Development 3 .6 PGE of Ogld � 9 R� o y � o v� C�OOUNTI VILLAGE OF OAK BROOK Interoffice Memorandum DATE: July 18, 2008 TO: Robert L. Kallien, Jr. Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engineer SUBJECT: Time Square Cafe—2121 Butterfield Road Special Use requests for Outdoor Dining and Drive-thru Variation requests for Ground Sign and Parking Lot Landscape Setback Requirements As per your request of July 10, 2008, and the P&Z Policy, Phil and I have reviewed the file you forwarded. As we understand it, the applicant is seeking approval in order to construct an outdoor dining area and drive-thru variations to permit the construction of a ground sign and to the parking lot landscape setback requirements. We also understand that the applicant will be providing a shared parking agreement with the neighbor to the east of the property, which will be recorded. After reviewing the drawings and information, we note the following: 1. The ALTA/ACSM Land Title Survey states that the site is 21,755 square feet, or 0.50 acres. Therefore, detention is not required. 2. Engineering does not have any issues regarding the proposed ground sign or outdoor dining area. 3. Engineering and Stormwater Management Permits will be required. 4. The parking layout has several issues. A. We understand that this is not considered a new development; the existing building is being kept and rehabilitated and much of the existing pavement is being kept. Therefore, the existing non-conformities of the parking areas are not an issue. Time Square Cafe 2121 Butterfield.doc 1 B. The proposed westerly aisle does not meet the required 27' width; however, it is no worse than the existing condition (22'-23'). The proposed northerly aisle also does not meet the 27' requirement; however, it is being reduced about 2' from the existing condition. The applicant needs to either pull back the improvement to be no worse than the existing condition or apply for a variation. The proposed northerly parking stall lengths do not meet the 18' requirement; however, they are no worse than the existing length of 16.5'. C. We understand that the parallel parking spaces shown along the easterly lot line will be deleted and the required 10' dimension of landscaped area will be met. D. Section 13-12-413 required parking area screening. With the deletion of the parallel spaces, the easterly side can meet the 10' dimension and appropriate screening can be installed. The northerly 10' dimension exists and screening can be placed. The westerly 10' dimension is not needed since the existing condition is being kept; therefore, a variation from this section is no longer needed. We understand that the applicant is trying to obtain permission from DuPage County to install some landscape screening on the ROW to meet the intent of the Code. E. A cross access pedestrian way and easement should be provided between this lot and the adjacent lot to the east if shared parking will be accomplished. 5. Other issues include: A. Two Village of Oak Brook benchmarks for the topographic survey are required. B. The plans do not show all utilities on and around the site. C. The westernmost existing storm inlet needs to be lowered to allow for proper drainage. D. The new County BMP ordinance will impact this development; the applicant's engineer should meet with Phil and me to discuss. E. It appears that some of the existing parking area is outside of the lot and within ROW in the northwest corner of the site. The redevelopment of the site must correct this. 6. 1 believe the state recently acquired some of this property for the roadway improvement. The Code should be checked to see if that area can be included in the zoning calculations. 7. The small site plans (11" x 17") are hard to see. The site plans should clearly depict the boundary lines of the site, which these do not. Time Square Cafe 2121 Butterfield.doc 2 �� • 01 OqK • • GE B �P 90 o O y G A r �OUNTV Village of July 11, 2008 Oak Brook 1200 Oak Brook Road Dear Resident: Oak Brook,IL 60523-2255 Website www.oak-brook.org The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Administration Board will be considering Special Use requests at the Plan Commission, Zoning 630.368.5000 Board of Appeals and Village Board meetings as scheduled on the reverse side FAX 630.368.5045 of this notice. The Zoning Board of Appeals and Village Board will also be Community considering requests for Variations at its meetings Development 630.368.5101 The application has been filed by: Peter Savenok on behalf of FAX 630.368.5128 Time Square Properties LLC 1877 S. Orchard Road Engineering Wheaton IL 60187 Department i 630.368.5130 FAX 630.368.5128 The property in question is located at: 2121 Butterfield Road Fire Department 630.368.5200 Relationship of applicant to property: Owner FAX 630.368.5250 Also shown on the reverse side of this notice is a map* of the area to assist Police Department 630.368.8700 You in determining Your relationship to the property Y .nquestion. FAX 630.368.8739 The petitioner has submitted a request seeking approval of the following to Public Works permit the redevelopment of the property located at 2121 Butterfield Road: Department 630.368.5270 1. Special Use to allow outdoor dining adjacent to a restaurant; FAX 630.368.5295 2. Special Use to allow a drive thru lane and window for the restaurant; 3. Variation to allow a ground sign on a property in the B-3 district that is Oak Brook less than 3 acres in size; and Public Library 4. Variation to reduce the setback requirement for landscaping in the 600 Oak Brook Road parking lot. Oak Brook, IL 60523-2200 630.368.7700 If you desire more detailed information, please contact the Community FAX 630.368.7704 Development at 630-368-5103 between 8-4. Monday through Friday. Oak Brook Sports Core Sincerely, Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 63030.36 .64 Robert L. lien or, FAX 630.368.6439 � � Director munity Development Golf Club 2606 York Road RLK/gp Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 S r3- o c�Caurrr^V`�'~ VILLAGE OF OAK BROOK Interoffice Memorandum DATE: July 10, 2008 TO: Dale Durfey, Village Engineer ocor FROM: Robert L. Kallien, Jr., Director of Community Development SUBJECT: Time Square Cafe—2121 Butterfield Road(formerly D's Diggity Dogs) Special Use requests for Outdoor Dining and Drive-thru Variation requests for Ground Sign and Parking Lot Landscape Setback Requirements The applicant has submitted applications to redevelop the site formerly known as D's Diggity Dogs located at 2121 Butterfield Road. They are seeking special use approval in order to construct an outdoor dining area and drive-thru and variations to permit the construction of a ground sign and to the parking lot landscape setback requirements. Although the plans note that they do not meet the minimum parking space requirements, the applicant will be providing a shared parking agreement with the neighbor to the east of the property,which will be recorded. Attached for your review is a copy of the applications and all relevant supporting documents. Please provide your written comments as soon as possible. The special use requests will be going to the Plan Commission on July 21, 2008. The special use and variation requests will be going to the Zoning Board of Appeals on August 5, 2008. In your comments,please address the following: • Is there flood plain on the subject property that would impact the request? • If so, would the scope of this application require any relief to the Village Stormwater Regulations? • Please comment on the traffic flow and parking lot layout. • Are there any Engineering Department issues that would require any conditions if approved? • If approved, will an Engineering review be required at time of application for building permit? If additional information or revisions to the plans are required, please contact the applicant directly or let Gail know as soon as possible. 1 Memo-DD—Times Square Cafe-2121 Butterfield-SU and VAR.doc • • CERTIFICATE OF PUBLICATION PUBLIC NOTICE Paddock Publications, Inc. NOTICE IS HEREBY GIVEN that a public hearing before Daily Herald the Zoning Board B Appeals of the Village of Oak Brook DuPage and Cook Countles,I Ilinols will be held on August 5,2008 at 1:30 P.m.In the Samuel E'.Dean Board Room of the Butler Government Center,Village of Oak Brook,1200 Oak Brook Road,Oak Brook,Illinois 60.523 for the purpose of considering the applications of Peter Savenok on behalf Corporation organized and existing under and by virtue of the laws of of Time Square Properties, LLC,1877 S. Orchard Road, Wheaton,IL 60187.Theais seeking variations and the State of Illinois, DOES HEREBY CERTIFY that it is the publisher S pecial uses as provided for under Title 13 of the Zoning Or- dinance of the Village of Oak Brook,Illinois,ordinance G- of the DAILY HERALD. That said DAILY HERALD is a Secular 60 as amended. The petitioner is seeking the following a Prova15 to permit newspaper and has been circulated daily in the Village(s)of the redevelopment of the property located at 2121 Butter- field Road: Addison Bensenville Bloomingdale Carol Stream Glendale Heights, 1.Special Use to allow outdoor dining adlacent too + > r > restaurant; 2.Special Use to allowo drive thru laneand window for the Glen Ellyn,Itasca, Keeneyville,Lisle, Lombard, Medinah, Naperville, restaurant; 3.Variation to allow a ground sign on a property in the B-3 district that Is less than 3 acres In size;and Oak Brook, Oakbrook Terrace, Roselle, Villa Park, Warrenville, 4.Variation to reduce the setback requirement for land- scaping In the parking lot. West Chicago, Wheaton, Winfield, Wood Dale The property may be generally described as 2121 Butter- field Rood,Oak Brook Road,with the legal description as follows: The northerly 150 feet,as measured along the Easterly right-of-way line of Midwest Road(dedicated by document 370313)and Parallel with,Southerly of and contiguous to the Southerly right-of-way line of Butterfield Road(dedi- cated by Document 373012)of the following described Prop- erty.that part of the Eas one-half of the Southwest quar- ter of Section n 22,Township 39 North Raa 11,East of the Third Principal Meridian,described as follows:Beginning at a point on the West line of the East one-half of the South- west one-quarter of Section 22, aforesaid, 1,424.28 feet North of the Southwest corner of said east half of the South- west one-quarter;running thence North on Division Line 442.86 feet to the center of Butterfield Road(before it was widened);thence North 61 degrees Eastalong the center of sold road(before being widened)235.82 feet;thence South parallel with said division line 507.13 feet;thence South 77 degrees West 213.12 feet to the Place of beginning,except that part conveyed by Document 389075,described as fol- lows:beginning at a Point on the West line of the East one- half of the Southwest one-furter of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one- half of said Southwest quarter;runnin0 thence North on Di- vision line,442.86 feet to the center of Butterfield Road(be- fore being widened); thence North 61 degrees East along the center of Butter- field Road(before being widened)235.82 feet as a place of beginning;thence South parallel with Division line(West line of the East one-half of the Southwest quarter of Section 22) to the South line of Butterfield Road ((as widened); thence south 40 feet Parallel with sold Division line to a County(ies)of DuPage of iii"degrees Northwesterly neasured North erwa d West) and State of Illinois, continuously for more than one year prior to the with last described line a distance of 35.91 feet to the South- erly line of Buttterfiield Road(as widened);thence North date of the first publication of the notice hereinafter referred to and is of ono line parol lel to the division line to the center of Butter- field Road (before being widened); thence North 61 de- general circulation throughout said Village(s), COunt /ieS and State. groes East 12 feet to the place of be Inning.Also except g g y\ that part thereof falling in Butterfield Roo and Midwest (or Canfield)Road as formerly laid out and except hat part dedicated for the widening of said roads by Documents 3730312 and 370313, respectfully, also except that Part I further certify that the DAILY HERALD is a newspaper as defined in thereof described as follows: that part of Lot 1 In Schlader's Assessment Plat,being a subdivision of part of "an Act to revise the law in relation to notices" as amended in 1992 the East one-holt of the Southwest one-quarter of Section 22,Township 39 North,Range 11,East of the Third Princi- Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a pal Meridian,according to the plot thereof recorded Febru- ary 21,1961,as Document No.997465,In DuPage County,II- notice of which the annexed printed esti is a true co was published Il- linois described as follows: Beginning at the Northwest P P Pyr corner of said Lot 1; thence on an assumed bearing of Jlll 14, 2008 in said DAILY HERALD. North 60 degrees 57 minutes 45 seconds East,along the y Northerly line of said Lot 1,20.00 feet to a five-eighth-inch Iron with allied cap stamped"State of Illinois Division of Highways ROW corner IPLSC t 44.8 thence south t1 .00 IN WITNESS WHEREOF, the undersigned, the said PADDOCK de- Drees 36 minutes 22 seconds West angles feet,too Point line of feet East of,as measured at rl0hf angles to the West line of said Lot 1 and to a five-eight-Inch Iron with an allied cap PUBLICATIONS, Inc., has caused this certificate to be signed by, this stamped"State of Illinois Division of Highways ROW cor- ner IPLSC 2017"; thence South 00 detrees 00 minutes 55 seconds 981ehlohrllilfontlenauthorized agent, at Arlington Heights, Illinois. Lo1,109.98 tthe Northerly line of IISouthwest Subdivision,according to the plat thereof recorded August 29 1977,as Document R77-76172 and to a 5-eight-Inch iron with an Allied cap stamped"State of Illinois Division of PADDOCK PUBLICATIONS, INC. Highways re s 57 minutes 45 seconds Wescorner IPLSC t along the sold South ed v DAILY HERALD NEWSPAPERS Pine of Lot 1 In Y Klein's Subdivision,11.44 feet to the said West line of Said Lot 1 In Schlader's Assessment Plat; thence North 00 degrees 00 minutes 55 seconds west,along the said West line of Lot 1 In Schloder's Assessment Plat, 150.00 feet,to the ppopint of beginning,all In DuPage County, Illinois.P.I.N.06-71.303-041Xj All persons desiring to be heard will be afforded an oppor- tunity todoso and may submit their statements orally or in writing or both.The hearing may be recessed to another date if notice of time and place thereof is publicly an- BY nounced at the hearing or Is given by newspaper publica- tion not less than five(5)days prior to the date of the re- cessed hearing. Authorized Agent In accord with the provisions of the American with Disabll- Ities Act,any Individual who is In need of a reasonable ac- commodation In order to Participate in or benefit from at- tendance at this Public meeting should contact the tbeforoDA meeting or t 630-368.5022 as soon as Pos- sibleThe Petitioner's application is on file with the Village Clerk Control# T4083961 and with the Director of Community Development. Per- sons wishing to examine the petition documents may ar- range to do so with the Director of Community Develop- ment Robert Kallien Village of Oak Brook, 1200 Oak Brook Wood,Oak Brook,I L 6x523,telephone 630-3683103. Charlotte Pruss Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published in Daily Herald July 14,2008(40839605 v GE p F O g K X90 O cFoouNtI,�� AGENDA ITEM Regular Board of Trustees Meeting of June 24, 2008 SUBJECT: Referral - Time Square Properties, LLC - Special Use - Outdoor Dining FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to refer a request for a special use to permit outdoor dining to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5, 2008 meeting. Background/History: Times Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dogs) has submitted a petition seeking approval of a special use in order to permit outdoor dining at their new restaurant. Recommendation: Please refer the request for a special use to the above referenced meetings of the Plan Commission and Zoning Board of Appeals. BOT-Referral-Times Square-OutdoorDining-SU.doc a G11 OF 0 AK 9 P9 N O O o y I v 4'4"CO U NTLI AGENDA ITEM Regular Board of Trustees Meeting of June 24, 2008 SUBJECT: Referral - Time Square Properties, LLC - Special Use - Drive In FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to refer a request for a special use to permit a drive in for the restaurant to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5,2008 meeting. Background/History: Times Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dogs) has submitted a petition seeking approval of a special use in order to construct a drive in (i.e., drive thru window) at their new restaurant. Recommendation: Please refer the request for a special use to the above referenced meetings of the Plan Commission and Zoning Board of Appeals. BOT-Referral-Times Square-Driveln-SU.doc �. Narrative Statement Re: development of the restaurant site located at 2121 Butterfield Road in Oak Brook. Ladies and Gentlemen, I would like to give you a brief overview of our project from beginning to end. Even though it is a small project, it is somewhat complex. I would like to be as detailed as possible so that we can have a successful project which will benefit the Village of Oakbrook, residence, and guests. We acquired this property last year. After an EPA evaluation, we learned that the property might be contaminated due to previous use as a gas station. We have cleaned the property and are ready to redevelop. As we prepared for redevelopment of the existing building and site, we ran into some Village ordinances that we could not possibly comply with for which we are seeking special use permits and variances. As you can see on the plans, the parcel is an unusual rhombus shape while the building is more or less square which immediately limits the architect's ability to comply with all codes. Furthermore, the dimension of existing building and site make it impossible to have everything perfect. Nevertheless, we have put together a very creative plan to make this building safe, functional and aesthetically pleasing. Since the property is located on a busy intersection, we are certain that a drive- thru special use permit will be necessary to make this restaurant successful and beneficial for the surrounding community and businesses. We made every effort to make the drive- thru comply with Village requirements; however, we must seek a variance for a landscaping setback towards the south side of the property Zoning Ordinance Section 13- 12-4 B 2. The outdoor dining that we asking for a special use permit is very elegant and pleasant looking. It is a good functional example of today's dining. We have taken all of the necessary steps to protect our patrons' welfare. The patio will be surrounded by brick and stone columns with steel railing and there will be an egress gate as well to comply with code.. As mentioned previously, taking into account the site it's impossible to create a functional restaurant without this variation. We will however have additional parking for our employee's offsite to allow more spaces for our guests. We are in the process of signing a lease with a neighboring property to the east for an additional 12 parking spaces, which will put us above the required number of parking spaces. We are asking to allow us to have approximately 3f of the required IOft landscaping set back on the east site of the property to create 4 parking stalls. Throughout the rest of the length of the property on the east side, we are allowing more than 10 ft of landscape. Our building is set back deep into the southeast corner. Even though there will be signs on the building itself, it will not be visible for the cars approaching the intersection going north on Midwest Rd and westbound on Butterfield Rd because of the tall trees on the neighboring properties. By the time a vehicle will approach our driveway, it will be too late for them to make a turn if there is no freestanding sign on the northwest landscaping island of the property. The sign will be constructed to comply with code, l Oft set back from both Midwest and Butterfield rd. It will not block visibility, it will be 8ft up in the air, and it will be no taller than 16ft high. The surrounding businesses on this intersection have such signs to attract customers and we will be at a disadvantage by not having it. We are looking for relieve from Section 13-11-7 A 5 of the Zoning ordinance which requires a minimum of 3 acre parcel to be able to have such a sign. Ladies and gentlemen, staff, and members of the board, I kindly ask you to approve variances and special uses that I am asking for. The changes to the site that we propose are going to benefit everyone; I thank you in advance for your consideration, and I am looking forward to open this restaurant as soon as possible. With kindness Reg s, I am Pe r Sa no �-1. • of"J-6 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) 0 SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE � ` � N rwl t �t _2 ,4aaY LOCATION OF 0 WIN SUBJECT PROPERTY 2121 Butterfield Rd PERMANENT PARCEL NO*. 06 - 22 - 303 - 041 LOT NO. 1 SUBDIVISION Klein's Subdivision LEGAL ADDRESS* lot#1 Schladers see attached plat ZONING DISTRICT B-3 ZONING ORDINANCE SECTION 13-7C-2-Outdoor Dining ACTION REQUESTED Add an outdoor dining area. PROPERTY INTEREST OF APPLICANT: OWNER x CONTRACT PURCHASE R AGENT OWNER(S) OF RECORD 1 f 9- t L?,U J4(`t-- P,� --�l el L PHONE 630-833-4455 ADDRESS 1877 S. Orchard Rd. CITY Wheaton STATE II ZIP 60187 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Peter Savenok PHONE 630-878-0298 ADDRESS 1877 S.Orchard Rd. CITY Wheaton STATE II Zip 60187 Contact Name and E-mail Address(s) psavenok@architecturalmall.com I(we)certify that all of the above statements and the statements contained in any papers or plans bmitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on t frontages of ove subject property as describe�In the Village Code. In ad '' the above fees,applicant agrees to reimburse t illage for pu ' ion costs within 30 days of billing. Signkm,o,f r Date SignXyr6of Applicant Date ss��ssff��3` QQ NOT WRITE IN THIS BRACE-FAR OFFICE USE ONLY 5", „ ,i r*S dNAs �a.�eX•"F"" a k:4b�* = 3 r a� '3 »» :�',��tt,�{ ��E,a. } �ryf e'a 3•• x= cti :a�'zo-` �' z• '# 3`� �� ` l a ,k 't• �, '� �y c''"''r}� -` le �'�" l•,^ a �' a r a � tpt� at^RYE'CBFVe EV�" tw .i �viwFS G'. 4 :: r#ti xel y nice P.ubtjs a ' Mewsp&tier it 1 AdJ party i wn0 Notified�� a 77, ^ _f £' g.`, 3 Pr` S ,�, ,`�' �.:.. 6i,8 `d• � :' ;.> sf:..� `� �. 'yrs. - c4 1 r `o 1 �` "��" K.10 � ��' .: # �� a •',x, v"n�-c,. :,� ;*a: x i;i y ,p �1�IC1 ' :., q�fts� yX � ¢ .:�,'. .c� ' SPECIAL USE FACTORS 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: Due to the nature of the small ,oddly shaped site and existing building, and to comply with Du Page County Health Department code, we had to allow for substantial portion of the building to be a kitchen and storage area. We need additional seating for our patrons via an outdoor patio. The patio will add extra seating and will be an inviting eating area for customers that enjoy the outdoors. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The outdoor patio as proposed is located in the best possible location on the subject property. It is located near the entrance of the restaurant and opposite the drive-thru lane which will prevent incidents involving dine-in patrons and cars in the drive-thru lane. The Columns surrounding the patio will be constructed from brick and stone and the rails of quality metal (see attached drawings) preventing injury to patrons if an automobile were to stray off-course. To further protect outdoor diners, we will install the proper curbs, caution signs and bollards as well as emergency egress gate, showing on proposed plans. There will be speed limit signs posted on the property as well. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The pictures tells more than a thousand words about the change that is about to happen, it is the most horrible looking building in the neighborhood, as shown on existing condition pictures, odd shape, terrible choice of colors and very badly maintained parking lot and landscape. The outdoor patio will only add value to the subject property as well as the neighborhood. The outdoor patio not only adds more dining space to the property but it offers unrivaled aesthetics; the patio adds character to the building, and surrounding neighborhood, it will be a very pleasant dining experience for neighbors and guest PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) Q SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) P�11 -Enter Number of Street Frontages/Per Parcel APPUCANT TO COMPLLTE � <A��t�K]rxjA �� b �� .t K LOCATION OF SUBJECT PROPERTY 2121 Butterfield Rd PERMANENT PARCEL NO*. 06 - 22 _ 303 - 041 LOT NO. 1 SUBDIVISION Klein's Subdivision LEGAL ADDRESS* 1ot#1 Schladers see attached plat ZONING DISTRICT B-3 ZONING ORDINANCE SECTION 13-7C-2-Drive-In ACTION REQUESTED Add a drive in PROPERTY INTEREST OF APPLICANT: OWNER x CONTRAST PURCHASE OWNERPHONE 630-833-4455 S) OF RECORD T '( r P_ 171rye l l 1 I ADDRESS 1877 S. Orchard Rd. CITY Wheaton STATE II ZIP 60187 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Peter Savenok PHONE 630-878-0298 ADDRESS 1877 S.Orchard Rd. CITE' Wheaton STATE II ZIP 60187 Contact Name and E-mail Address(s) psavenok@architecturalmall.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted himt h rue to the best of my(our) knowledge and belief. I(we)give permi ion to the Village to install public hearing sign(s)on the frontages ove subject property as described in the Village Code. In ionto the above fees,applicant agrees to reimburse illage for pubon costs within 30 days of billing. cClr� Signature—ofV>4ner DateSig at of Applicant Date DO NOT WRITE IN THIS BRAC —ROR OFFICEE QNLY ul" "^` *IP"""'e"% e '�may" 0, � $�, 10 I q�d ro)aer wnats N'otiff edll,,, a�; fan ,.,.�� aS �+�,�,€� �� F��nl bard�fppeats � ��>F�� a�� t �• '. Ya P �ApPrr�valf{7 SPECIAL USE FACTORS 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: Due to the nature of the site, small and oddly shaped, we need a drive- thru to supplement the flow of patrons to the restaurant. Furthermore, in today's world, a drive-thru is mandatory as some patrons will only order in that manner for the sake of convenience. The property is located on one of the main arteries toward downtown Chicago, and therefore will be very convenient for guests going toward Chicago, to grab some quality fresh food. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The drive-thru window as proposed is located in the best possible location on the subject property. The entrance to the restaurant is exactly opposite of the drive-thru which will prevent incidents involving dine-in patrons and cars in the drive-thru lane. We will install bollards to further protect pedestrians and keep drive-thru cars from driving fast. We even moved the service door from the back of the building to the side to protect workers from getting injured by drive-thru traffic. We will also, if needed be able to have a remote order taking location, for further convenience and faster service. There will be speed limit signs installed in various locations, and arrow signs for traffic flow directions. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The drive-thru will only add value to the subject property as well as the neighborhood. In fact, without a drive-thru window, the property is worthless. As mentioned previously, some patrons only buy via drive-thru and surrounding competition has that amenity. • o+� PETITION APPUCATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑X VARIATION($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel AMUCANT TO COMPLETE LOCATION OF SUBJECT PROPERTY 2121 Butterfield Rd PERMANENT PARCEL NO*. 06 - 22 _ 303 - 041 LOT NO. 1 SUBDIVISION Klein's Subdivision LEGAL ADDRESS* Lot# 1 Schladers/see attached plat ZONING DISTRICT B-3 ZONING ORDINANCE SECTION 13-11-7 A5 Sign Variation ACTION REQUESTED Variation for free standing sign PROPERTY INTEREST OF APPLICANT; OWNER x CONTRACT PURCHASE R AGENT OWNER(S)OF RECORD Time Square Cafe LLC. PHONE 630-279-9993 ADDRESS 1877 S. Orchard Rd. CITY Wheaton STATE IL ZIP 60187 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Peter savenok PHONE 630-878-0298 ADDRESS 1877 S.Orchard Rd. CITY Wheaton STATE IL Zip 60187 Contact Name and E-mail Address(s) Peter Savenok psavenok@architecturalmall.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in O)e'Village Code. In addition to the above fees,applicant agrees to reimburse age for publication costs within 30 days of billing. s .-----� 06-18-2008 06-18-08 r— Signature of Owner Date ,v . Signature of Applicant Date DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY yR VPa✓. $gywG AMM ` d • w M Variation Standards (13-11-7 A5 Sign Variation) 1) (a)The property is located on an odd shaped lot, and due to many circumstances that will be described below, it cannot yield reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. (b)The unique circumstances, lot shape, building location, Landscaping on adjacent properties, ETC making us plight for this variance. (c) If this variation is granted to us, it will not alter the essential character of the locality. 2)The following facts, will describe the particular hardships, in order to redevelop the property in question. (a)The rhombus shape of the lot, and a more or less square building, and its grandfathers location on the property makes it impossible, to comply with strict regulations. (b)The unique condition of this property, shape of the lot, and existing building will not be generally applicable to the other property within the same zoning classification. (c)The granting of the variation will not be detrimental to the public welfare, or surrounding properties what we are asking for will benefit the public, If a sign variation is granted it will benefit the traffic flow, drivers will see the sign ahead of time and make the lane change ahead of time to be able to go in our driveway(d)The proposed variation will not impair adjacent properties, or endanger the public safety but in fact make it safer, and increase the value of neighboring properties. (e)The property in its condition is an eye sore, for the surrounding community, and will take a great deal of money to bring it up to today's standards, and this variation is a necessity to make this property useful, and convenient for the public, and not based on the greed of making more money. (f)The outlined difficulties were not created by us, as a developer, the grandfathered lot shape and the building existed for a long time. PETITION APPUCATION for PUBUC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) 0 VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY 2121 Butterfield Rd PERMANENT PARCEL NO'. 06 _ 22 303 - 041 LOT NO. 1 SUBDIVISION Klein's Subdivision LEGAL ADDRESS" Lot# 1 Schladers/see attache plat ZONING DISTRICT 13-3 ZONING ORDINANCE SECTION 13-12-41132 Landscaping setback ACTION REQUESTED Variation for landscaping set back PROPERTY INTEREST OF APPLICANT: OWNER x CONTRACT PURCHASE R AGENT OWNER(S) OF RECORD Time Square Cafe LLC. PHONE 630-279-9993 ADDRESS 1877 S. Orchard Rd. CIN Wheaton STATE IL ZIP 60187 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Peter savenok PHONE 630-878-0298 ADDRESS 1877 S.Orchard Rd. CITY Wheaton STATE IL ZIP 60187 Contact Name and E-mail Address(s) Peter Savenok psavenok@architecturalmall.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we) permission to the Village to install public hearing sign(s)on the Ot frontages of the above subject property as described in the Village . In addition to the above fees,applicant agrees to reimburse th dlage for publication costs within 30 days of billing. "-`—`�� 06-18-0806-18-2008 ).,,Signature of Owner DateSignature of Applicant Date CSO NOT WRITE IN THIS SPACII FAR OFFICE USE ONLY err At h � I «yA r 1 X.X.w AXI XN4.� 1 -h+A1..4iA 1 I , 9a, ��, � l� idl� Variation Standards (13-12-4 B2 Landscaping set back) 1) (a)The property is located on an odd shaped lot, and due to many other circumstances that will be described below, it cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. (b)The unique circumstances, lot shape, building location, landscaping on adjacent properties, ETC are making us plight for this variance. (c) If this variation is granted to us, it will not alter the essential character of the locality. 2)The following facts,will describe some particular hardships we are facing in order to redevelop the property in question. (a)The rhombus shape of the lot, a more or less square building, and its deep-rooted location on the property makes it impossible to comply with strict regulations. (b)The unique condition of this property,the shape of the lot, and the existing building will not be generally applicable to other properties within the same zoning classification. (c)The granting of the variation will not be detrimental to the public welfare, or surrounding properties.What we asking will in fact benefit the public,we are working with the existing building, and very minimal landscape on this property. In order to redevelop this property we need this variation,to make the site comfortable for patrons.There is extensive landscaping on the neighboring properties, so this variation will not impact anyone. (d)The proposed variation will not impair adjacent properties, or endanger the public safety in fact it will make it safer,and increase the value of neighboring properties. In addition,we are adding a substantial amount of landscape in other areas of the-property. (e)The property in its condition is an eye sore,for the surrounding community, and will take a great deal of money to bring it up to today's standards, and this variation is a necessity to make this property useful, and convenient for the public. Our request is not at all based on a desire to make more money. (f)The outlined difficulties were not created by us, as the developers,these problems are as a result of the long standing building and its lot shape. WEST SUBURBAN BANK 4410 SAVE N OK PROPERTIES LOMBARD,IL 60148 17 W 300 22ND STREET 70-2334!719 SUITE 250 1P OAKBROOK TERRACE,IL 60181 5/30/2008 KuKPKO-T% (630)833-4455 z PAY TO THE Village of Oak Brook, Illinois + $ **750.00 R ORDER OF Seven Hundred Fifty and 00/100 � ;: � �!�°- • DOLLARS 8 �' Village of Oak Brook, Illinois tz 1200 OakBrook Rd :?I• WEST SUBURBAN BANK 4 413 SAVE N OK PROPERTIES LOMBARD,IL 60148 17 W 300 22ND STREET 70.2334/719 SP SUITE 250 OAKBROOK TERRACE,IL 60181 5/30/2008 1 �`ly<OKPgOYgM,tgg (630)833-4455 I r PAY TO THE Village of Oak Brook, Illinois $ **50.00 2 ORDER OF -• ti�,r tom'i x�'7 m ****«*****««x#**«►*w*xx*««x+**w****«xr3�,� .«*,#i** ,cw+k*x*kwlK*«ww*#«*xx**«wx##*«xx*#**w*««*«*w#*##«x*#x*«* Fifty and 00/100 4,w ,: DOLLARS 8 IL Village of Oak Brook, Illinois , t _< 1,2nn r1=kRrnnk PH M. H_ w.x.:�E* !., .T. , ^ +' WEST SUBURBAN BANK 4 417 SAVE N OK PROPERTIES LOMBARD,IL 60148 17 W 300 22ND STREET 70-2334/719 SUITE 250 SP OAKBROOK TERRACE,U.60161 6/3/2008 i K ` •"' ae�'�•OK plop�'+xe (630)833-4455 2 PAY TO THE Village of Oak Brook, Illinois I I" 1 Ars $ **50.00 ORDER OF Fifty and 00/100************************** DOLLARStF 8 Village of Oak Brook, Illinois 1200 OakBrook Rd n"! H 1 5'30.01 A✓e NADCHECK $ CHECKS CASH INV 0 DATE NAME G.L.ACCOUNT M DESCRIPTION NUMBER INVALID VILLAGE OF OAK BROOK WITHOUT SIGNATURE DEPARTMENT OF COMMUNITY DEVELOPMENT B 15527 e 1200 OAK BROOK ROAD OAKBROOK, ILLINOIS PHONE: (630)990-3045 7 RETAIN THIS RECEIPT FOR YOUR RECORDS SAVE N OK PROPERTIES WEST SUBURBA 4 4 0 9 LOMBARD,IL 601 17 W 300 22ND STREET 70.2334/7ig SP SUITE 250 OAKBROOK TERRACE,IL 80181 ��vs+•Kr"OP riq (630)833-4455 .I 5/30/2008 2 PAY TO THE 'r;� ORDER OF Village of Oak Brook Illinois $ *"750.00 T Seven Hundred Fifty and 00/100*****************" a ** KT*!H###4R!#!#!#!###!####k!##*!#!#!########!# ------------- DOLLARS 8 r /.3"549 S o.� A. NoC. 1 � '• s ��- 'DR i✓� ,IN NUMBER CHECK S CHECKS S CASH INVA DATE NAME G,L ACCOUNT A DESCRIPTION VILLAGE OF OAK BROOK I ° wlTNouT DEPARTMENT OF COMMUNITY DEVELOPMENT B 15528 SIGNATURE 1200 OAK BROOK ROAD OAKBROOK, ILLINOIS WEST SUBURBAN BANK 4 412 SAVE N OK PROPERTIES LOMBARD,IL 80148 17 W 300 22ND STREET 70.233N719 SUITE BRO K TERRACE,IL 80181 ' gw�B`A"01gnw, (OW)833-4455 5/30/2008 +. 4 Fr/v Via' PAY TO THE Village of Oak Brook,Illinois " �" t• $ •! ORDER OF 750.00 Seven Hundred Fifty and DOLLARS 8 Village of Oak Brook,Illinois 1200 OakBrook Rd }�},• E, 'i- `� ti E �, Oakbrook,IL 60523 lc�� U 1/10 I!l � �. /�> CSI{ 'I At,-;Pk N-0 *"A= 1/k12- 1 CHECK NAME G.L.ACCOUNT A DESCRIPTION NUMBER S CHECKS S GASH INV• DATE ■ INVALID VILLAGE OF OAK BROOK WRHOU SIGNATURE = °� DEPARTMENT OF COMMUNITY DEVELOPMENT B 15530 WEST SUBURBAN BANK 4 411 , SAVE N OK PROPERTIES LOMBARD,IL 60146 17 W 300 22ND STREET 70.2334!71 g SUITE 250 5!3012008 OAKBROOK TERRACE,IL 60181 ,. y,,a<•"h-imny (530)833-4455 ."111fis /. ra? $ PAY TO ODER OF E Village of Oak Brook,Illinois : **750.00 T wta.rlttrr#!ltrr## '!at,+�7f#► rB"�...t###!#!e###t#!#t!t#w#t#!#!#fie#t!t###a##:##* Seven Hundred Fifty and 00/1003 w.,: r DOLLaRs 8 F� a Village of Oak Brook,Illinois "t �0Uw hw `gg�� Z 1200 OakBrook Rd i Oakbrook,IL 60523 .� 011 P ROP['j r 1' At 1 NAME G.L,ACCOUNT• DESCRIPTION CHECK NUMBER S CHECKS S CASH INVA DATE INVALID VILLAGE OF OAK BROOK WITHOUT 6IGNATURE ° DEPARTMENT OF COMMUNITY DEVELOPMENT B 15531 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PRONE:(630)990-3045 7 DuPage County Health Department Central Office 111 North County Farm Road Wheaton, IL 60187-3988 Telephone: (630)682-7400 Plan Review June 26,2008 www.dupagehealth.org #508050 Christopher Krupp Krupp Associates Architects 615 W. Front Street Wheaton, IL 60187 Dear Christopher: PLAN APPROVAL FOR: Time Square Caf6 located at 2121 Butterfield Road, Oak Brook, IL The plans dated June 5, 2008, received on June 20, 2008,for the above food service facility have been approved by this Department. This plan approval is dependent upon incorporating the items noted from the attached itemized list into the scope of the project and received no later than July 20,2008 (see enclosure). The following inspections are required: • Underground plumbing installations (as it pertains to the food service equipment). • Pre-final inspection. Without approval from the DuPage County Health Department, food and drystock cannot be received into the establishment. • Final inspection. The establishment must also receive the final inspection prior to opening. A certificate of occupancy can then be obtained through the municipality. Allow 72 hours advance notice to be given when scheduling each inspection. Any further changes to the plans or the plan review form must receive advance approval. If you have additional questions and/or to schedule inspection(s), please contact me at 630-682-7979,extension 7110. Sincerely, Sara Burton-Zick, R.S. Senior Plan Review and Construction Supervisor Environmental Health Services SBZ:gc Enclosure: Itemized List, Response Transmittal of June 20, 2008 RE: Certification, Receipt for fee, menu, Plan Review form cc: Don Hastings, Groupwise, Village of Oak Brook, Building Department Harvey Mull, Groupwise, SE Public Health Center Supervisor Ramesh Patel, Groupwise, SE Public Health Center Area Sanitarian Sue Kowalczyk, Groupwise Food Program Manager, DCHD Jim McMahon, Schweppes Food Service, 376 W. North Avenue, Lombard, IL 60184 ✓Savenok Properties, 17W 300 22nd Street, 2nd Floor, Oakbrook Terrace, 1160181 k0000 • Certification • Surrounding Property Owners (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. TP 5AU0P0K - t-) yegi01cf- Printed Name of Owner Printed Name of Applicant Cis�9:oc� Signature of Owner Date —(;gnatur Applicant Date �3ILL T0111fFOfMATt(�Nw Al ��' P.eD�°er' L/ T/��l/�i,�/d�' Kra g3 3 Print Name/Company Contact Person Contact Phone /74v Soo 2Z 44:y/ Sri• 49&,a/uo,� le X30 -77y S 7 3 Address To be Billed 6 p i8/ 2S0 Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. L . • • NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 250-foot reouirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. PROPERTYNAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER Koviand Inc 905 Greenwoo 17W515 Butter 'M 06-22-303-04 Wheaton IL 60187 Dunn, John PO Box 123 , Downers Grove IL 60515 17W642 Butterfield 06-22-300-019 First Dearborn 500 N Michigan Ave No 191 7W642 Butterfield R 06-22-300-028 Properties Chicago IL 60611 AmericaC/O BP nc AMOCO PO Box 1548 WarrenvilleIL 60555 7W615 Butterfield R 06-22-301-OE4 Wendys Old Fasion 1288 W Dublin Granville 1s576 Midwest Rd 06-22-301-06 Terrace Oaks C/O Premises MGMT LLC 7W635 Butterfield R Associates 17W635 Butterfield Rd 06-22-301-053 443 Building Corp 434 W 2nd St 1S443 Summit Ave 06-22-108-023 CIO Dan Veith CPA Elmhurst, IL 60126 Lakers, John and 1s580 Marshall Rd 1s580 Marshall Rd 06-22-305-01-4 MC Donnell, Morgan 1s586 Marshall Rd 1s586 Marshall Rd 06-22-305-0 5 Cortesi, Kenneth 1 S 570 Marshall 1s570 Marshall Rd 06-22-305-013 Oakbrook Terr. IL 60181 Ifergan, Charles 106 E Oak St 7W580 Butterfield Rd 06-22-302-03 rhicaao roto, Lawrence ou ane r I Southiane Di 06-22-302-006 Villa Park IL 60181 Ifergan, Charles 106 E Oak St 17W580 Butterfield R106-22-302-036 Shelton, Yuki 17W5475 Southlane Dr 17W545 Southlane Dr 06-22-302-02 Villa Park, IL 6P�81 Johnson, Anna L 17W530 Buttertieid Rd 17W530 Butterfield 06-22-302-028 Villa Park IL 60181 Maurer, Wayne & Joan 17W520 Butterfield Rd 17W520 Butterfield Rd 06-22-302-030 Ciralsky, Josh A 1s550 Nimitz Ave 1s550 Nimitz Ave 06-22-303-016 1919 Midwest Rd No 100 1919 Midwest Rd 06-22-303-04 Properties (Attach additional sheets if necessary) NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets, alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER NUMBER Ifergan, Charles 106E Oak St 17W580 Butterfield 06-22-302-02 Chinagn, TL 60611 Rd Koll Bren Realty 2600 Montrose Ave 2115 Butterfield Rd 06-22-303-00 Realty Assoc Fund V 1 Oak rook Terrace No 600 1s450 Summit Ave 06-22-300-02 (Attach additional sheets if necessary) Su ject Property Verifica ion . (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 22 303 041 2. Common Address: 2121 Butterfield Rd Oak Brook, IL 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanekAoak-brook.ora G re L�er'pl^a�c'S L�l. Lot 1 in Schl�der in Sec 22 Township 39 range 11. The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Patty Date called: mayqn, 2QOR I verify that the information provided above is accurate. Sounnakhone Kounlabout Printed Name Signature Date: May 20, 2008 Relationship to Applicant: Empinyee __ _ ____-............__._._—-----W____.-.__.-_______-..-........_........._....._. DO NOT WRITE IN THIS SPACE—F�ROOFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date AK, • • The property may be generally described as 2121 Butterfield Road, Oak Brook Road, with the legal description as follows: The northerly 150 feet, as measured along the Easterly right-of-way line of Midwest Road (dedicated by document 370313) and parallel with, Southerly of and contiguous to the Southerly right-of-way line of Butterfield Road (dedicated by Document 373012) of the following described property: that part of the East one-half of the Southwest quarter of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at a point on the West line of the East one-half of the Southwest one-quarter of Section 22, aforesaid, 1,424.28 feet North of the Southwest corner of said east half of the Southwest one-quarter; running thence North on Division Line 442.86 feet to the center of Butterfield Road (before it was widened); thence North 61 degrees East along the center of said road (before being widened) 235.82 feet; thence South parallel with said division line 507.13 feet; thence South 77 degrees West 213.12 feet to the place of beginning, except that part conveyed by Document 389075, described as follows: beginning at a point on the West line of the East one-half of the Southwest one-farter of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one- half of said Southwest quarter; running thence North on Division line, 442.86 feet to the center of Butterfield Road(before being widened); thence North 61 degrees East along the center of Butterfield Road (before being widened) 235.82 feet as a place of beginning; thence South parallel with Division line (West line of the East one- half of the Southwest quarter of Section 22) to the South line of Butterfield Road (as widened); thence south 40 feet parallel with said Division line to a point; thence Northwesterly on a line that forms an angle of 17 degrees 07 minutes (measured North toward West) with last described line, a distance of 35.91 feet to the Southerly line of Buttterfield Road (as widened); thence North on a line parallel to the division line to the center of Butterfield Road (before being widened); thence North 61 degrees East 12 feet to the place of beginning. Also except that part thereof failing in Butterfield Road and Midwest (or Canfield) Road as formerly laid out and except hat part dedicated for the widening of said roads by Documents 3730312 and 370313, respectfully, also except that part thereof described as follows: that part of Lot 1 in Schlader's Assessment Plat, being a subdivision of part of the East one-half of the Southwest one-quarter of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded February 21, 1961, as Document No. 997465, in DuPage County, Illinois described as follows: Beginning at the Northwest corner of said Lot 1; thence on an assumed bearing of North 60 degrees 57 minutes 45 seconds East, along the Northerly line of said Lot 1, 20.00 feet to a five-eighth-inch iron with allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017"; thence South 09 degrees 36 minutes 22 Seconds West, 44.80 feet, to a point 10.00 feet East of, as measured at right angles to the West line of said Lot 1 and to a five-eight-inch iron with an allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017"; thence South 00 degrees 00 minutes 55 seconds East, along a line parallel to the Southwest line of Lot 1, 109.98 feet to the Northerly line of Lot 1 in Y Klein's Subdivision, according to the plat thereof recorded August 29, 1977, as Document R77-76172 and to a 5-eight-inch iron with an Allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017"; thence South 60 degrees 57 minutes 45 seconds West, along the said Northerly line of Lot 1 in Y Klein's Subdivision, 11.44 feet to the said West line of Said Lot 1 in Schlader's Assessment Plat; thence North 00 degrees 00 minutes 55 seconds west, along the said West line of Lot 1 in Schlader's Assessment Plat, 150.00 feet, to the point of beginning, all in DuPage County, Illinois. P.I.N. 06- 22-303-041 b� r.d h r x r L �s T ��4 T 4•� .. Ft � �• `'"'` ` '�a to �' . .. s .a rite" < � s art �„ (�a 4� •� � �. t... a, , M c •LivR � eY� £ � �. �i IF , .4L' ! ' t Ar �mjgp f• -Moamar _ v � 'fir.' / I ��•�j�1� •f r{i- II ; 1 u1 Of I� r�a'�I�Ilrl M I � i u r 1xi �`' ri pr Arrhr i.AI If � r rr,•,�,r6�, I I ■t ��.�`r ' �"�i,�lF. , 'III � 1 S i ` I ORDER BOARD EQUIPMENT SCHEDULE ITEM GAS # QTY. DESCRIPTION I'1ETFR 13 14 r 1 ® r 006cB°ARD I I WALK—IN COOLER FREEZER 2 LOT SHELVING 12 3 LOT SHELVING 11 12 16 43 17 1 e 5 LOT DRY SSTORAGE SHELVING 33 31 30 29 28 7 6 25 4 19 21 6 1 BAG N BOX --BY OTHERS 34 32 — — 7 1 SODA --BY OTHERS dish washing �INp 8 1 WORKTABLE ISH I CAMOISTER --BY OTHERS PLANTING II 1 WORKTABLE AREA 12 3 HAND SINK kitchen 13 1 FREEZER SEERNA1ff �,� ,' '� , ,' ,' I 22 jan, 14 14 2 REFRIGERATOR a" A00iE 15 — SPARE # cE 3 16 1 WORKTABLE 44 46 47 48 61—51 51 51 24 "Ac" ,�� I7 I \VALI. SHELF —— 18 1 PREP REFRIGERATOR 52 6355 Ki I 3—COMPARThEN1• SINK 9 20 — SPRE # 21 I POT RACK \VALL SHE n T r n=n _ _ L-'][-J- _ r n T n 62 3 CPI Up r�TE 22 1 1 CE MACHINE --BY OTHERS - 23 1 MOP SINK --BY OTHERS uiuLuiu� �uiu� -- - -- ------------ xlx bar 24 2 REFRIGERATED BASE — — ----------- — — — _______________ i SY NDI9PLAT_i ______31115/5 COINER ____ 63 sA N s s ccu+rER D s t o I. 25 2 CHAR BROI LER _ ----------- LW of CiiF A———�I I 26 I RANGE;"r———————— OPEN TO FIRST FLOOR f 76 I I �------------� I I .o 6527 I DUMP \V/ HEAT LAMP \ P•LK.ITTHG LEDGy I I I Nn 28 2 FRYERS 21 1 EXHAUST HOOD 30 1 EXHAUST/SUPPLY PACKAGE 10 SEATS 31 1 FIRE PRITECTION SYSTEM i 32 1 SLICER I i 57 `� I I 33 1 WALL SHELF � 60 I I GO� x\ TRA"'I I 56 34 1 WORKTABLE 35 SPARE # �- men 36 1 SOFT SERVE MACHINE TLE KR 37 2 COFFEE 38 1 WALL SHELF 39 I WORKTABLE — AMA 40 1 SHELVING I 41 1 WORKTABLE WITH SINK ® --+ ---$--- +--� 42 1 WALL SHELF II 43 1 MICROWAVE WITH SHELF I II ® 44 1 BEER/WINE REFRIGERATOR II --- 45 1 SALAD REFRIGERATOR I wax'x" 46 1 EXHAUST HOOD I 47 1 EXHAUST/SUPPLY PACKAGE I I I women 48 1 FIRE PROTECTION SYSTEM ' POIL.. / aTA.LM$TEFL I ves e I IU KR 49 I WORKTABLE ARC CEIL W. RATE CAN p LD.T-EAReaTRn 50 1 WORKTABLE 51 4 GYROS MACHINE 52 1 WALL SHELF 53 1 STEAM TABLE 54 1 PREP REFRIGERATOR 55 1 WORKTABLE 56 1 TRASH I I s'-o DEEPCANDPr 57 1 CONDIMENTS i 58 6 BOOTHS eRrx PawQs 59 12 TABLE WTN 6•CaNCRBTE CLM 60 24 CHAIRS 61 1 PASS TH RU 62 1 BAR TOP --BY OTHERS 63 1 3—COMP. SINK 64 1 BACK BAR REFRIGERATOR Plan 6 65 1 B --BY OTHERS 66 I DlA" SINK 67 I 2Er-Q1G3:2AVV I I I � I I I I I I I I I I I I III I I I I I I I I I I I III I I I I I I I I 1 I I I I I I I I I I I I I I 1 I I In I I I I I I I I III I I _ I I CAST STONE PILLAR BASE 1 I I I 4 5/8"x II 5/8" I I I I I I I I I I I � I I M I I I I I 10"x 10" x 1/2"STEEL BASE I I PLATE - WELDED TO COLUMN I I PROVIDE 4 - 5/8"x 12"ANCHOR BOLTS EMBEDDED MIN.10" INTO CONCRETE I I ' I I I PATIO HARD SURFACE MATERIAL I I PER LANDSCAPE PLAN I I I 1 _ FINISH PATIO SURFACE II II III II _ 'ARKING LOT SURFACE II I I cp III I II III e Tr L� c2 8"CONCRETE CURB TURNDOWN TO TOP OF GRADE BEAM 10"x 3'-4"CONCRETE GRADE BEAM BETWEEN COLUMNS POURED MONOLITHICALLY WITH COLUMN CONCRETE PIER FOUNDATIONS - I I PROVIDE 2 •5 CONT.REBAR TOP AND BOTTOM RUM REBAR THROUGH PIER FOUNDATION I I I I I I I I � � I 3" 10 3" 1'-4" 1patio column and roof detail 3/4" - I' - O" ••''� Asphalt Parking Lot = 13,931 Sq. Ft. Parking lot Green Space = 1,571 Sq. Ft. Building = 2,495 Sq. Ft. Sidewalk&Pavers = 410 Sq. Ft. Outside Patio = 400 Sq. Ft. e�° d * ' r EXCEPTION Perimeter Property Greenspace = 3,310 Sq. Ft. ': o Total Site = 21,755 Sq. Ft. 0 gEG�t7.00.OD- MEAS�179T'36' S"RE SPEM sm PROPOSED OAK BROOK REQUIREMENTS LANDSCAPE F I: AREAS Parking : = 15 spaces/1000 Sq. Ft. Gross of Bld'g. Bld'g.=2075 Sq. Ft. LOT 1 Storage Areas not included. \ 21,755 sq. ft. Required = 30 Spaces, Have 22 Spaces, Need 8 Addional 2 Ft. Wide Lanscape Interior Parking Lot Landscaping: = 10%of total Lot Areas=2175. Sq. Ft. Area around Outside Sitting Area w/ Have: 1,571 Sq. Ft. Need:604 Sq. Ft.Additional Concrete Curb. c :—3.48' PROPOSED 8.21'EXISTING Emergency Egress NOTE: Sq. Ft.Calculations are approximate. Site measurements to be verified Gate with Engineering drawings. S�tle wo/k <r Storage 33"79' < W W W W `♦ W W W W W Patio L' eW W W W W W cts Plans) ® e W W W (� dumpster + W W W W W W •O 1 W W o.i 12 00 t. C�• ,Q- �0� W � W • SCP C rb S •-G'• it '1 � 9 6 W W �W \• . Revison Request By City for Parking Stall removal.-July 17,2008 •• G'cy Ijy GV W W W �, (\ Revison Request By City for Setbasck&Sign Dim.-June 23,2008 °' W W W W W j KRUPP ASSOCIATES ARCHITECTS, PC ROPOSED W W W W 2 PROPOSED Architecture&Construction Management • LANDSCAPE cv W W W W W t Y+v AS A 64 W W e&t Christopher Alan Krupp,AIA ow1266 1AREAS NEW SIGN 630 -PA W I` W 10.0 0' LOCATION TIME RONALD 3.0'x3.0' Base SQUARE GUEST a :- J. ,rn W :1 o eW W O CAFE LANDSCAPE SITE ARCHITECT X 66 Z . W H C STALL ASPHALT PIAN DUN EE P 0. OILLINOIS SITE PLAN c `� PARKING L Oakbrook, Illinois so11S W` W sal-ssaa11s2 FAX 847-65M322 0 II II II =EE :It all MIT W 11 II I II II I 11 North Elevation o..... ----- - 41 w o I I I II I I I I I I I ❑ � I v w I -F-+ CA I w I I / a N 0 T E S 1 . 1 Contractor will review all construction documents for responsibility of work. 2. All work will follow the Uniform Set of Landscape Specifications as ��1oy�11 :, r•, prepared by the Illinois Contractors Assn. Latest Edition. All plants shall conform to the 'Americom Standards for Nursery Stock, Latest Edition. oa ! EXCEPTION 3. All plantings will have a minimum depth of 3" of shredded hardwood mulch around them. Groupings of plants will have a continuous mulch between (3) VilaM them. 4. Verify base layout I.E. utilities, topo, dimensions, etc. with engineering drawings. 5. Contractor will Protect All Trees in Construction Areas — See Details. RM-17'WOW 6. Contrtactor will be required to obtain all required Permits at his expense. �rws-lrnrx' (23) Cosec 7• Contractor will be required to provide all necessary insurance to the 12 11msm limits required by Owner and the Village before starting work. 8. All installed landscaping work will be gauranteed for a period of one year. \ 9. These Drawings are Copyrighted and is the sole property of R.J. Guest, Landscape Architect. Reproduction or use of these drawings is prohibited Perennial without permission Plantings LOT1 BROADLEAF DECIDUOUS 21,755 sq. ft. Quantity Symbol Scientific Name Common Name Code Name Planting Size IUD 0 1 Betula nigra River birch - Clump Forth Ben) 8'-10' B&B CL 5 Gleditsio triocanthos inermis 'Skyline' Skyline Honeylocust GltrS Y Cal. B&B -Emergency Egress u 2 Pyres calleryona'Chantidear Red Spire' Red Spire Chantideor Pear PyccRS 3' Cal. B&B Gate o 0 *gid n CONIFER EVERGREEN 33.79' Quantity Symbol Scientific Name Common Name Code Name Planting Size 20 Juniperus sabino 'Broodmoor' Broadmoor juniper JusaB 24'B&B 16, 3 Plceo omorica Serbian Spruce P•am 7 B&Bol •(14) SpjaL 2 Picea pungens 'Bakers• Baker) Blue Spruce Pipub 7'-8' B&B 8 0 Thuja occidentdls'Techneyr Tedmy Arborvltoe Thoc 5' B&B way dumpster SHRUBS Quantity Symbol Scientific Name Common Name Code Name Planting Size (8) Thoc 7 Cornus stdonifera 'Flaviromed Golden twig dogwood CostF 5'B&B 23 cornua sericea 'Cardind' Cardinal Redoseir Dogwood Cosec 5 B&B 1) GltrS 26 Cotoneaster ocutifdlus Peking cotoneaster Coac 4' B&B l F� 16 Forsythia ovate'Sunrise Sunrise Early Forsythia Foov 4'B&B (4) V i l a M 15 Rhamnus tangalo 'Ran Williams' Fine line Buckthorn RhfrR 4' B&B 23 1 0 1Spiroea japonica lUttle Princess Japanese Spriea I SpjaL 1#5 Cont 12 1 0 1 Viburnum lonta 'Mahican' Mahican Viburnum I Vim 5'B80 1Y$ (5) JusaB Misc. Quantity Symbol Scientific Name Common Norms Code Norma Planting Size E)Q 7 Cdanagrostis arund. 'Karl Forester Kai Forester Feather Reed Grass CoarK f3 Cont (1) PyceRS 5 Rosa 'Rcftzz Knock Out Rose (Red) RoR /3 Cont s� (15) R h frR Revisan Request By City for Parking Stall removal. -July 17,2008 Retaining Wall by Er gr. TIME RONALD J. SQUARE GUEST Vil aM CAFE LANDSCAPE M LANDSCAPE ARCHITECT P.O.BOX Fib al n PLAN DUNDEE,ILLINOIS Oakbrook, Illinois 847458 7162 m FAX 847458-9322 V1— sit" OFF "- y f F.H. �� ' T pp � �WN .• «.. • EXCEPTION t ,, .. VW u'r � .gf I A-� t Existing Green Space Some Shrubs S I T E L O C A T 10 N no Trees g Green OAK BROOK ZONING MAP EXISTING SITE CALCULATION 4&2W Asphalt Parking Lot = 15,414 Sq. Ft. Green Space = 3,542 Sq. Ft. Existing Green Space Building = 2,075 Sq. Ft. i s Q. Grass Sidewalk = 724 Sq. Ft. ef�: Total Site = 21,755 Sq. Ft. w• '. G,VL Existing Green Space Gross - No Trees t TEVIE RONALD J. SQUARE GUEST CAFE LANDSCAPE SITE ARCHITECT P.O.BOX 66 PLAN DUNDEE,IWNOIS o Oakbrook, Illinois 847-658-7162 FAX 847.65M322 ALTA/ACSM LAND TITLE SURVEY Symbol Legend GRAPHIC SCALE od l � alarm Drain'r + Storm Drain (IM R67 1 IT' 1 Intl 20 M1 Ot Slam Drain 17•%10 Yf Fire Hydrant a►!1�100 - D4 Ga.Volv. d� TS Traffic Signal •1 .r r—EXCEPTION �, unity Pok Water volve eb s sec closure V W`ro THE NORTHERLY 150 FEET, AS MEASURED ALONG THE EASTERLY RIGHT-OF-WAY LIi NORTH 150' MIDWEST ROAD (DEDICATED BY DOCUMENT 370313) AND PARALLEL WITH, SOUTHERL AND CONTIGUOUS TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BUTTERFIELD ROAD LOT 1 (DEDICATED BY DOCUMENT 370312) OF THE FOLLOWING DESCRIBED PROPERTY: TH r' A OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NO SCHLADER'S RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEI AT A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SEI 1 ASSESSMENT PLAT 22, AFORESAID, 1,424.28 FEET NORTH OF THE SOUTHWEST CORNER OF SAID EAST THE SOUTHWEST 1/4; RUNNING THENCE NORTH ON DIVISION LINE 442.88 FEET TO •• 755 CENTER OF BUTTERFIELD ROAD (BEFORE IT WAS WIDENED): THENCE NORTH 61 DEG EAST ALONG THE CENTER OF SAID ROAD (BEFORE BEING WIDENED) 235.82 FEET; 1 SOUTH PARALLEL WITH SAID DIVISION LINE 507.13 FEET; THENCE SOUTH 77 DEGRE 213.12 FEET TO THE PLACE OF BEGINNING, EXCEPT THAT PART CONVEYED BY Di i E 0 389075, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF 1 1/2 OF THE SOUTHWEST 1/4 OF SECTION 22 AFORESAID, 1,424.28 FEET NORTH nb" SOUTHWEST CORNER OF SAID EAST 1/2 OF SAID SOUTHWEST QUARTER; RUNNING NORTH ON DIVISION LINE, 442.86 FEET TO THE CENTER OF BUTTERFIELD ROAD (BE A Y;. ASPHALT Y.%. ;' BEING WIDENED); THENCE NORTH 61 DECREES EAST ALONG THE CENTER OF BUTTE PARKING LOT • ROAD (BEFORE BEING WIDENED) 235.82 FEET AS A PLACE OF BEGINNING; THENCE 1 STORY PARALLEL WITH DIVISION LINE (WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST C C r BRICK OF SECTION 22) TO THE SOUTH LINE OF BUTTERFIELD ROAD (AS WIDENED); THENC pp BUILDING Q 40 FEET PARALLEL WITH SAID DIVISION LINE TO A POINT: THENCE NOR THWESTERLT B LINE THAT FORMS AN ANGLE OF 17 DEGREES 07 MINUTES (MEASURED NORTH TOW now yis the building 1 WEST) WITH LAST DESCRIBED LINE, A DISTANCE OF 35.91 FEET TO THE SOUTHERL' A it +"• 10alPrint 'syn i BUTTERFIELD ROAD (AS WIDENED); THENCE NORTH ON A LINE PARALLEL TO THE C Z $ 1.0" LINE LINE TO THE CENTER OF BUTTERFIELD ROAD (BEFORE BEING WIDENED): THENCE N( O1 I b��s•`'01 DEGREES EAST 12 FEET TO THE PLACE OF BEGINNING; ALSO EXCEPT THAT PAR' THEREOF FALLING IN BUTTERFIELD ROAD AND MIDWEST (OR CANFIELD) ROAD AS Fi z �'Ss LAID OUT AND EXCEPT THAT PART DEDICATED FOR THE WIDENING OF SAID ROADS DOCUMENTS 370312 AND 370313, RESPECTFULLY, ALSO EXCEPT THAT PART TH( N} i9 DESCRIBED AS FOLLOWS: THAT PART OF LOT 1 IN SCHLADER'S ASSESSMENT PLA ` A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION : Yf TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCOR THE PLAT THEREOF RECORDED FEBRUARY 21, 1961, AS DOCUMENT NO 997465, IN COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORN �, d 01. `a Q1 SAID LOT i; THENCE ON AN ASSUMED BEARING OF NORTH 60 DEGREES 57 MINUT SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 1, 20.00 FEET TO A 5 all`W WITH ALLIED CAP STAMPED "STATE OF ILLINOIS DIVISION OF HIGHWAYS ROW CORM 2017'; THENCE SOUTH 09 DEGREES 36 MINUTES 22 SECONDS WEST, 44.80', TO I 10.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SA AND TO A 5/8" IRON WITH AN ALLIED CAP STAMPED "STATE OF ILLINOIS DIVISION $ HIGHWAYS ROW CORNER IPLSC 2017"; THENCE SOUTH 00 DEGREES 00 MINUTES 5 .+' SECONDS EAST, ALONG A LINE PARALLEL TO THE SOUTHWEST LINE OF LOT 1, 105 TO THE NORTHERLY LINE OF LOT 1 IN Y. KLEIN'S SUBDIVISION, ACCORDING TO THI THEREOF RECORDED AUGUST 29, 1977, AS DOCUMENT R77-76172 AND TO A 5/1 $ WITH AN ALLIED CAP STAMPED "STATE OF ILLINOIS DIVISION OF HIGHWAYS ROW C Q IPLSC 2017"; THENCE SOUTH 60 DEGREES 57 MINUTES 45 SECONDS WEST, ALON( SAID NORTHERLY LINE OF LOT 1 IN Y. KLEIN'S SUBDIVISION, 11,44 FEET TO THE S LINE OF SAID LOT I IN SCHLADER'S ASSESSMENT PLAT; THENCE NORTH 00 DEGRI _ MINUTES 55 SECONDS WEST, ALONG THE SAID WEST LINE OF LOT 1 IN SCHLADEI ASSESSMENT PLAT, 150.00 FEET, TO THE POINT OF BEGINNING, ALL IN DU PAGE ILLINOIS. k i W LOT 1 q Y. KLEIN'S SUBDIVISION .. To U ,�,KUf .eVOi-&-M.I aNO.[f„�,K�.,�� PMQlR TOPOGRAPHIC SURVEY 101K MM:WNKRr a AND CO11wa101If INC fWtKgr ROOT-a-HALF LANE a CARO 9r OOLUK11T 770112)Or M FOLLOWING C r ' PO PROPERi1”. 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O44r.70Ott �? bd r � :p adA a � d Rte' _ ENCHMARK WAMN Ordinance 2008 -ZO- VAR -S -1247 Variations — 2121 Butterfield Road Page 2 of 2 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance B A variation to allow a reduction of the required parking lot landscaping setback subject to the following conditions 1 The landscaping shall be in substantial conformance with the revised details dated September 2, 2008 as shown on page 37 of the case file 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance C A variation to allow a reduction of the required number of parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions 1 The parking shall be developed in substantial conformance with the revised details as shown on page 38 of the case file 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance Section 3 The variations 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 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 25th day of Novemb( PASSED THIS 25 "' day of November, 2008 Ayes Trustees Carson Kennedy Manofsky, Saiyed, Sanford and Wolin Nays N Absent ' ATTES !!f is �.. s �� I��'' -%'-:q `q• - "('"J' P " +� l xr •�;� %$:; �; Charlotte K Pruss Village Clerk